Terms And Conditions

Terms and Conditions

Acceptance of Terms

The Beecity Apiary  is an online beehive and apiary management application designed for beekeepers for professional beekeeping. The Terms and Conditions set forth below (the “Terms”) govern your use of the application Beecity Apiary and this site on the world wide web. These terms are a legal contract between the User and the Platform’s Provider and govern your access to, and use of the Beecity Apiary website located at www.beecityapiary.com (the “Website”) and/or by downloading and using the Beecity Apiary mobile apps and/or by creating an user account within Beecity Apiary mobile apps, as the case may be, you agree that you have read and understood all of the terms and conditions contained in this Terms of Service and you agree to be bound by this Terms of Service. By indicating acceptance of this agreement or by otherwise using the application, the services or the website, or by using Beecity Apiary software, you are entering into this agreement with Beecity Apiary. This is a legally binding agreement. If you do not agree with the Terms of Service you shall immediately; do not create your account and/or stop using the Service. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. The Site and the App are available to registered users who are not under the age of 16. If you are under the age of 16, you are not permitted to register or to send personal or business data to Beecity Apiary. We reserve the right to revoke your ability to access the products and services offered on the Site or the App for any reason at any time including as a result of a violation of these Terms or the Privacy Policy, without notice. You warrant that you are at least 16-years-old and you are legally capable of entering into binding contracts. If you are under 16-years-old, you warrant that you have obtained consent from your parent or guardian and they agree to be bound by these Terms on your behalf. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service. Purchases If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.

Description of Service

The Beecity Apiary is an online beehive and apiary management application that you can easily manage apiaries and beehives. You may use the Services for your personal and business use. You may connect to the Services using application beecity Apiary supported by the Services. You are responsible for obtaining access to the Internet and the equipments necessary to use the Services.

Usage Restrictions

The Customer will ensure that its use of the Services complies with all applicable laws, statutes, regulations or rules. The Customer will not and will not attempt to: (a) copy, modify, duplicate, decompile or reverse engineer any part of the Services or Software by any means; or (b) assist third parties in obtaining, or attempting to obtain, access to the Services.

User Registration

You will be needed to register and submit some information in order to use some services on the Site and the App. The following representations and warranties are made by you to Beecity Apiary if you register as a User or otherwise use the Services: (I) you are of legal age to form a binding contract; (II) you will provide Beecity Apiary with accurate, current, and complete registration information in ApiManager’s registration form (the “Registration Data”); and (III) your registration and use of the Services are not prohibited by applicable law. You acknowledge that it is your responsibility to keep the Registration Data truthful, accurate, current, and complete. Your account may be suspended or terminated and you may be prohibited from using the Beecity Apiary Services in the future if you supply any information that is untrue, inaccurate, out-of-date, or incomplete, or if Beecity Apiary has a good faith belief that such information is false (or any portion thereof). You shouldn’t utilize a third party’s registration or reveal your password with anyone. You agree to alert Beecity Apiary immediately if your password is lost, stolen, given to an unauthorized party, or otherwise appears to have been compromised. You are responsible for keeping the confidentiality of your password and account. All actions taken on your behalf while using your account are your responsibility. You promise to alert Beecity Apiary right away if you become aware of any unauthorized use of your account or any other security lapse related to this website.

Intellectual Property Rights and Ownership

We own all the intellectual Property Rights regarding the Software and the Service. Nothing in this Agreement shall operate to assign or transfer any Intellectual Property Rights to you. The Customer acknowledges that Beecity Apiary retains: (I) all Intellectual Property Rights in and to the Software, Website, Portal and the Services, including the right to use, and to grant third parties the right to use, the Software, Website, Portal and Services for any and all purposes whatsoever; and (II) all right, title and interest in the Software, Website, Portal and Services, including all copies in any form or medium, whether now known or existing or subsequently developed. Except to the extent expressly granted in this Agreement, the Customer acquires no rights in any of the foregoing.

License to Use the Services

The Services are subject to reasonable adjustments at any time by ApiManager. No trademark, copyright, or other proprietary markings that have been posted on the ApiManager Property may be removed. Any alteration, replication, redistribution, republication, uploading, posting, transmitting, distributing, or other use of the ApiManager Property, or any portion of the ApiManager Property, other than as expressly permitted by this Agreement, is strictly prohibited without the prior written consent of ApiManager. You acknowledge, agree, and represent and warrant that your use of the Services and the ApiManager Property, or any portion thereof, will comply with the aforementioned license, covenants, and restrictions and will not violate the rights of any third party or violate any agreement with them or their legal obligations. You also acknowledge and agree that you will not use the Services in any manner that restricts or inhibits any other person from using or appreciating the Services, and that you will comply with all laws, regulations, and ordinances that are relevant to the Services, the ApiManager Property, or your use of them.

User Content

Beecity Apiary shall be considered a software for the management of beehives and apiaries. Therefore, you are allowed to use the Platform exclusively in relation with this purpose. You may add, update, submit, handle in any other way, or share sensitive beekeeping business data, beekeeping operating data, beekeeping production data, personal contact and third party data, along with other materials and information (collectively, “User Content”) while using Beecity Apiary. You represent and warrant that you own all proprietary and business rights in your User Content or, with respect to any User Content you do not own, you have the full authority and right to store the User Content and to grant the licenses granted hereunder, and that your storing and handling of the User Content, and the exercise by Beecity Apiary its Partners and Customers of the license rights granted by you shall not infringe any third party intellectual property rights, nor violate any rights of privacy or publicity, nor be defamatory, libelous or obscene, nor violate any other right, privilege or interest of any third party; and if any royalties are payable to any third party for exploitation of User Content stored or handled by you in accordance with the licenses granted by you in this Agreement, you shall be responsible for and pay such royalties. 

The User Content that you and other users upload, download, or otherwise disseminate is not subject to editing or control by Beecity Apiary is not responsible or accountable in any manner. Customers and other users of the Services are not screened or under the control of Beecity Apiary. You do so at your own risk; Beecity Apiary and its Partners will not be held responsible for any loss or harm anybody may experience as a result of using the Service or relying on the User Content. Users of the Services are not allowed to: Use, store, distribute, or transmit any User Content in violation of any local, state, national, or international laws or in conjunction with such violations; Falsify or modify headers to conceal the origin of any User Content, impersonate any person or entity, and, unless expressly permitted by this Agreement, harvest or otherwise gather information about others—including email addresses—without their consent. Engage in any other behavior that, in Beecity Apiary’s sole discretion, exposes Beecity Apiary, its Partners, or any of their officers, directors, employees, or agents to any liability or harm of any kind. This includes behavior that interferes with the Services, limits or inhibits another person’s use or enjoyment of any User Content, or the Services.

Services Restrictions

No user of the Services shall store, upload to, distribute through or otherwise use in connection with the Services any User Content that: Is libelous, defamatory, threatening, abusive, harassing, scandalous, obscene, invasive of another’s privacy, pornographic, harmful to minors or unlawful or that encourages a criminal offense; Infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships; Contains any statement, formula, direction, recipe, prescription or other matter that involves a reasonably foreseeable risk of injury or damage to the material’s readers or others; or Harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; Is false, deceptive, misleading, deceitful, misinformative, or constitutes “bait and switch”; Constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement; or contains non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure. Beecity Apiary reserves the right (but is not obligated) to do any or all of the following: record Customer Content; investigate any allegation that Customer Content or Customer registration information does not conform to the terms and conditions of this Agreement; remove Customer Content or Customer registration information that is abusive, illegal or disruptive, or that otherwise fails to conform with the terms and conditions of this Agreement; monitor, edit or disclose any Customer Content or Customer registration information; or edit or delete any Customer Content or Customer registration information, regardless of whether such content violates any terms and conditions of this Agreement. Beecity Apiary  has no liability or responsibility to users of the Services or any other person or entity for performance or nonperformance of the aforementioned activities.

Limitation of Liability

The service is provided on an “as is” and “as available” basis. Therefore, you acknowledge that your use of the Service is at your sole risk. We do not warrant that (I) the Service will meet your specific requirements, (II) the Service will be uninterrupted, timely, secure, or error-free, (III) the results that may be obtained from the use of the service will be accurate or reliable, (IV) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (V) any errors in the Service will be corrected. We do not warrant that the Content will be always available, always synchronized and updated and error free. Also, you understand that in extraordinary circumstances the Content can be lost, therefore we recommend you to always backup the Content you provide on the Platform. Beecity Apiary warrants that the Services and Application Property will conform substantially to the descriptions set forth on the Beecity Apiary website. However, Beecity Apiary does not warrant that the Services or Application Property will operate error-free or without downtime. Beecity Apiary may pause or interrupt the Services at any time, and users should expect periodic downtime for updates to Beecity Apiary Services. We have no obligation to provide technical support. Thus, we will try to fix any errors regarding the functioning of the Platform in a proper time. You expressly understand and agree that we shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from: (I) the use or the inability to use the Service; (II) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (III) unauthorized access to or alteration of your transmissions or data; (IV) statements or conduct of any third party on the Service; (V) or any other matter relating to the Service. Exclusive remedy: In the event of a breach of the aforementioned limited warranty, we will make things right by refunding you the cost of the Service in the month in which the breach took place, but only if you had already paid for it. You agree that the aforementioned guarantees are your sole and exclusive warranties, superseding any other express or implied guarantees you may have, such as guarantees of merchantability, adequate quality, fitness for a specific use, title, and non-infringement.

Indemnity

You agree to defend, indemnify and hold Beecity Apiary and anyone on its behalf, harmless against any losses, expenses, costs, claims, actions, damages (including reasonable attorneys’ fees, expert fees’ and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to your breach of the terms of these Terms of Use and arising in connection with Customer’s use of Beecity Apiary, participation in Beecity Apiary, or Customer’s breach of any provision of this Agreement, including, without limitation, any claim by any participant in any Beecity Apiary designed by Customer, or any claim by any non-participant third party who suffers any injury in connection with the use of Beecity Apiary or Beecity Apiary participants. Beecity Apiary reserves the right to assume the sole control of the defense and settlement of any claim, action, suit or proceeding for which you are obliged to provide indemnification hereunder. You will cooperate with Beecity Apiary with respect to such defense and settlement.

Payments

Some of our Services are paid services. In this respect, in order to access the unlimited premium version, you need a paid subscription. “Beecity Apiary”  offers a monthly subscription plan of  “Unlimited number of apiaries and beehives”. If you choose not to subscribe you will have the opportunity to create one apiary and up to 5 beehives without any charge. If you choose to subscribe, a monthly subscription will be offered and you will be charged 5.99$ per month.

Payment will be charged to iTunes Account at confirmation of purchase. Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period. Account will be charged for renewal within 24-hours prior to the end of the current period.

You can manage or turn off auto-renew in your Account settings at any time after purchase. You may cancel an ongoing subscription anytime by operating such modification in your Applestore Account. In case you cancel your subscription, the right to use the Beecity Apiary premium version will be active until the end of the billing period for whom you already paid the subscription. Therefore, we will not reimburse you the amount paid in advance in case you cancel an active subscription.

Fraud protection

As part of our order processing procedures, we may screen received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If we suspect fraudulent, unauthorized or illegal activity, we may reject your order or we may contact you at the phone number or email address you provided to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.

Privacy Policy

Beecity Apiary is concerned about user privacy and operates the Services under the PRIVACY POLICY published at https://beecityglobal.com/app-privacy-policy/ . We urge you to read this policy now and, because the policy is updated from time to time, later at your convenience.

Miscellaneous

The failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. We may assign its rights and obligations under this Agreement to any party for any reason whatsoever without any prior notice. Any dispute arising under or in connection with this Agreement will be deferred to the competent courts from Turkiye. Any dispute arising under or in connection with this Agreement will be judged in accordance with Turkish laws. The Terms of Service constitutes the entire agreement between you and the Provider and govern your use of the Service, superseding any prior agreements between you and the Provider (including, but not limited to, any prior versions of the Terms of Service). You can contact us at the following email address: apiary@beecityglobal.com