Terms of use

Terms and Conditions of Backona and Backona AI

Effective Date: October 04, 2024

1. Introduction

Welcome to Backona, a service provided by Beespoke Services Ltd. These Terms and Conditions (“Terms”) govern your use of Backona’s services and products. By accessing or using our services, you agree to be bound by these Terms, our Privacy Policy, and any other applicable policies. If you do not agree with these Terms, please refrain from using our services.

1.1. Legal Agreement

These Terms constitute a legally binding agreement between you (the “User”) and Beespoke Services Ltd (“Backona,” “we,” “us,” “our”). By using our services, you affirm that you have read, understood, and agree to these Terms.

1.2. Age Restriction

You must be at least 18 years old to use our services. By registering for an account, you confirm that you meet this age requirement.

1.3. Arbitration Clause

All disputes arising out of or in connection with these Terms shall be resolved through binding arbitration as outlined in Section 18.

2. Definitions

  • Operator: Beespoke Services Ltd, trading as Backona.
  • Website: The internet services accessible at backona.com, backona.ai and within subdomains.
  • User: Any individual or entity accessing or using Backona’s services.
  • Account: A registered User’s personal space on the Website.
  • Subscription Fee/Plan: The payment plans for using Backona’s services.
  • Trial Period: A period during which new Users can access limited services for free.
  • Agreement: The contract between the User and Operator based on these Terms.

3. General Provisions

3.1. Use of Services

Backona provides services including marketing data optimization, analytics integration, and reporting tools. Access to these services is restricted to registered Users who have agreed to these Terms.

3.2. Operator Rights

We reserve the right to modify, suspend, or discontinue any part of our services at any time, with or without notice. We may also delegate the operation of the Website to third parties if necessary to ensure the quality and continuity of the services provided.

4. Account Registration

4.1. Account Creation

To access our services, you must create an Account by providing accurate and up-to-date information. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your Account.

4.2. Subscription Plans

Upon registration, you may select a Subscription Plan based on your business needs. Subscription plans commence either immediately or after the expiration of the Trial Period, if applicable. Payment details must be provided during registration, and you agree to the recurring billing of the subscription fees.

4.3. Payment Terms

Subscription fees are billed on a monthly basis unless otherwise specified. We reserve the right to adjust pricing at our discretion. Users will be notified of any changes at least 30 days in advance. All payments are non-refundable except as expressly provided in these Terms.

5. Rules of Using the Website

5.1. Compliance with Laws and Regulations

When using the Backona website and services, you must comply with all applicable local, national, and international laws and regulations. You are solely responsible for ensuring that your use of the services does not violate any applicable laws or regulations. Any illegal or unauthorized use of the website or services is strictly prohibited.

5.2. Prohibited Activities

To maintain the integrity and security of the Backona platform, you agree not to engage in the following prohibited activities:

  • Unauthorized Access: Attempting to gain unauthorized access to the Backona platform, servers, or networks connected to the website.
  • Data Scraping: Using automated tools to scrape, extract, or collect data from the website without prior written consent.
  • Tampering with Security: Attempting to interfere with or compromise the security features of the website.
  • Impersonation: Misrepresenting your identity or affiliation.
  • Spam and Phishing: Engaging in unsolicited commercial emails or phishing emails.
  • Malicious Software: Uploading, distributing, or transmitting malicious software.
  • Abuse of Services: Misusing the services in any way that could impair the functionality of the platform.
5.3. User Content and Conduct

As a user of Backona, you are responsible for all content you upload, post, or otherwise transmit through the website. You agree to:

  • Legal and Ethical Standards: Ensure that all content complies with applicable laws and ethical standards.
  • Accuracy of Information: Ensure that all information provided is accurate, complete, and up-to-date.
  • Prohibited Content: Refrain from posting or sharing illegal, harmful, or otherwise objectionable content.
5.4. Protection of Personal Data

You are responsible for protecting the personal data you input or share on the Backona platform. This includes obtaining necessary consents for third-party data and ensuring data compliance with applicable data protection laws.

5.5. Use of Account

Your account is personal and should not be shared. You agree to:

  • Protect Your Credentials: Keep login information secure.
  • Account Misuse: Prevent unauthorized access.
  • Multiple Accounts: Avoid creating multiple accounts unless permitted.
5.6. Content Ownership and Responsibility

You retain ownership of the content you upload to the Backona platform but are solely responsible for its legality, reliability, accuracy, and appropriateness. You grant Backona a license to use, store, and process your content in line with these Terms.

5.7. Respect for Intellectual Property

Respect intellectual property rights of Backona and other users, and do not copy, distribute, or create derivative works without authorization.

5.8. Monitoring and Enforcement

Backona reserves the right, but is not obligated, to monitor user compliance with these Terms.

6. Services Provided

6.1. Description of Services

Backona offers a range of product packages with varying features. We reserve the right to alter features as necessary.

6.2. Modifications

We may modify service features, functionality, and content. Users will be notified of significant changes.

7. Fees and Payment

7.1. Subscription Fees

Each package has a monthly fee, which is clearly outlined during registration.

7.2. Automatic Renewal

Subscriptions automatically renew unless canceled before the renewal date.

7.3. Refund Policy

Refunds are issued according to our refund policy and are generally not available for partial months.

8. Technical Interruptions

8.1. Service Interruptions

Users may be eligible for a prorated refund for outages. Requests must be submitted within 14 days.

8.2. Disclaimer of Liability

Backona is not liable for interruptions caused by third parties or events beyond our control.

9. Data Processing and Privacy

9.1. Data Collection

Data is collected per our Privacy Policy. By using our services, you consent to data collection as outlined.

9.2. GDPR Compliance

For EU Users, we comply with GDPR. Data rights requests can be directed to our data protection officer at [email protected].

9.3. Data Security

We implement industry-standard security measures to protect User data, though we cannot guarantee absolute security.

10. Intellectual Property Rights

10.1. Ownership of Intellectual Property

All content, software, designs, and other materials available on the Backona platform are the exclusive property of Beespoke Services Ltd.

10.2. Limited License to Users

Backona grants a limited, non-exclusive, non-transferable license to access and use its Intellectual Property in line with these Terms.

10.3. Trademarks and Branding

You are not permitted to use Backona trademarks without written permission.

10.4. User-Generated Content

Users retain ownership of any content they generate but grant Backona a license to use it as needed to operate services.

10.5. Prohibited Uses of Intellectual Property

Users agree not to:

  • Reverse Engineer: Attempt to reverse engineer any Intellectual Property.
  • Modify or Create Derivative Works: Without explicit authorization.
  • Sell or Lease: For commercial purposes.
  • Infringe on Rights: Use in any way that infringes on intellectual property rights.
10.6. Reporting Intellectual Property Infringements

If you believe any content on Backona infringes your intellectual property rights, notify us at [email protected] with:

  • A description of the claimed infringement.
  • Information to help locate the infringing content.
  • A statement of good faith belief that the disputed use is unauthorized.
10.7. Protection of Backona’s Intellectual Property

Unauthorized use of Backona’s Intellectual Property will be pursued to the fullest extent permitted by law.

10.8. Contributions to Backona

By providing feedback or suggestions, you acknowledge that Backona can use them without obligation.

10.9. Third-Party Intellectual Property

Use of third-party software is subject to third-party licenses.

10.10. Reservation of Rights

All rights not expressly granted are reserved by Backona and its licensors. Unauthorized use may result in revocation of your license and legal action.

11. User Content and Contributions

11.1. Responsibility for Content

Users are solely responsible for the content they post or request through our services. This includes ensuring that the content does not violate any third-party rights or applicable laws.

11.2. Content Removal

Backona reserves the right, but is not obligated, to remove any content that violates these Terms, infringes on third-party rights, or is otherwise deemed inappropriate at our sole discretion.

12.1. Integration

Backona integrates with third-party services like Google Analytics. Users must comply with the terms and conditions of these third-party services, and Backona is not responsible for any issues arising from such integrations.

12.2. Responsibility

We provide links to third-party websites and services for convenience. We do not endorse, and are not responsible for, the content, accuracy, or practices of these third-party services.

13. Complaints

13.1. Submitting Complaints

Users may submit complaints regarding the services or these Terms to [email protected]. Complaints should include specific details to facilitate resolution.

13.2. Complaint Resolution

We strive to resolve complaints amicably. If a resolution cannot be reached, our decision shall be considered final and binding.

14. Termination and Suspension

14.1. Termination by User

Users may terminate their subscription at any time via their Account settings. Access to services will continue until the end of the current billing cycle.

14.2. Termination by Backona

We reserve the right to terminate or suspend User access for violations of these Terms, failure to pay subscription fees, or other legitimate reasons. Notice of termination will be provided where possible.

14.3. Effects of Termination

Upon termination, User access to the services will cease, and we may delete any data associated with the account. Users are advised to back up their data before termination.

15. Disclaimer of Warranties

15.1. Service Availability

Backona provides its services on an “as is” and “as available” basis. While we strive to maintain a high level of service quality, we do not guarantee that the services will always be available, uninterrupted, or free from errors.

Backona does not warrant that:

  • Uninterrupted Access: The services will be continuously available without interruption.
  • Error-Free Operation: The services will be free from errors, bugs, or defects.
  • Specific User Requirements: The services will meet all of your specific requirements or expectations.

By using Backona’s services, you acknowledge and agree that you are doing so at your own risk.

15.2. Results

Backona provides tools and services designed to assist you in optimizing your marketing data, integrating analytics, and generating insights, but does not guarantee any specific outcomes, results, or success from the use of our services. Users should:

  • Cross-Check Data: Verify data and insights before making significant business decisions.
  • Use Caution in Decision-Making: Exercise caution when applying insights generated by the platform.

By using the Backona services, you accept that results may vary.

16. Limitation of Liability

16.1. Exclusion of Damages

Backona and Beespoke Services Ltd shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits or business interruption.

16.2. Maximum Liability

In no event shall the total liability of Backona and Beespoke Services Ltd exceed the amount you have paid to Backona in the 12 months preceding the claim.

16.3. Responsibility for Actions Based on Insights and Consultations

Users are solely responsible for any actions or decisions made based on insights from our software.

16.4. AI-Generated Data and Accuracy

Users must treat outputs from our software as brainstorming tools, not definitive advice. Users are responsible for verifying AI-generated data.

16.5. Data Accuracy and Completeness

Backona is not responsible for errors resulting from flawed input data. Users should ensure data is accurate, complete, and up-to-date.

16.6. Limitation on Data Collection and Interpretation

Backona does not guarantee the accuracy, completeness, or reliability of collected data.

16.7. Third-Party Integrations and Data Sources

Backona is not responsible for data inaccuracies or availability issues from third-party sources.

16.8. User Responsibility for Data Verification

Users must verify all data outputs and analyses generated by the software before relying on them for business decisions.

16.9. Disclaimer of Warranties

Backona provides the services on an “as is” and “as available” basis without any warranties of any kind, express or implied.

16.10. No Responsibility for User-Generated Content

Backona is not responsible for any content, data, or information generated or submitted by Users.

17. Indemnification

17.1. User Obligations

Users agree to indemnify and hold harmless Backona and its affiliates from any claims, liabilities, damages, or expenses arising out of or in connection with their use of the services.

17.2. Scope of Indemnification

This includes claims related to User content, violations of these Terms, and unauthorized use of the services.

18. Dispute Resolution

18.1. Governing Law

These Terms shall be governed by and construed in accordance with the laws of England and Wales.

18.2. Arbitration Clause

Disputes arising from these Terms shall be settled by binding arbitration under the rules of the London Court of International Arbitration (LCIA).

18.3. Class Action Waiver

Users waive any right to participate in class action or representative proceedings against Backona.

19. Final Provisions

19.1. Security Measures

Backona uses industry-standard security measures to protect User data, though no system is infallible. Users should:

  • Use Strong Passwords: Keep account passwords secure.
  • Monitor Account Activity: Report any suspicious activity.
  • Update Security Measures: Complement Backona’s security with additional measures.
19.2. Amendments

Backona reserves the right to amend these Terms at any time. Users will be notified of significant changes.

19.3. Assignment

Backona may assign its rights and obligations under these Terms to a third party as part of a business reorganization.

19.4. Entire Agreement

These Terms, together with our Privacy Policy and other agreements, constitute the entire agreement between you and Backona.

19.5. Severability

If any provision of these Terms is deemed invalid, the remaining provisions shall remain in full force and effect.

19.6. Force Majeure

Backona is not liable for any failure or delay in performing obligations due to circumstances beyond its control, such as natural disasters, cyberattacks, or regulatory actions.

Contact Information

Beespoke Services Ltd (trading as Backona)

Union House, 111 New Union Street, Coventry, England, CV1 2NT

[email protected]