TOS
SOFTWARE as a SERVICE (SaaS) AGREEMENT and Terms Of Service and Conditions.
Beti.ai
The purpose of this Agreement (hereafter referred to as the “Agreement”) is to set forth to define an arrangement under which Beti will provide Software as a Service (“SaaS”) for your benefit, hereby named as the Customer. The standard SaaS Agreement with Beti is provided below.
By purchasing and/or using our SaaS you are explicitly agreeing to all of the following terms and conditions:
DEFINITIONS. “Software” shall mean the Software or Program(s) provided by Beti to Customer under this Agreement. “Hosting Services” shall mean the services provided by Beti to Customer under this Agreement. “Support Services” shall mean customer service and technical support provided to SaaS users as detailed under the Specifications. “SaaS” shall mean the combination of internet-based (cloud) Software, Hosting Services, and Support Services provided by Beti to Customer. “Source Code” shall mean the readable forms together with make and build files. “Delivery” shall mean the SaaS transmitted by Beti to Customer electronically and in accordance with security measures agreed upon by both parties as described in the this Agreement.
“Beti Materials” shall mean any software, code, audio files, video files, data, graphics or other materials or resources transmitted to Customer in order to provide any of the services under this Agreement. Subject to the following terms and conditions of this Agreement, Beti will provide SaaS for Customer:
- SAAS SPECIFICATIONS Beti agrees to provide Customer with SaaS according to the following Specifications (the “Specifications”): Beti provides SaaS in the form of cloud-based Software, Hosting Services, and Support
- Beti agrees to provide assistance in using SaaS based on the customer’s needs via e-mail, phone, and Beti’s web
- SERVICES PROVISIONS Rights and License Granted. Except for Customer use of the licensed SaaS, Customer is not granted any rights or license to the Software or Services under this agreement. Customer acknowledges that through its payments to Beti it is granted access to the SaaS. Customer further acknowledges that at no time shall it be entitled to download, distribute, install or otherwise redistribute the Software in any form not explicitly covered by this Agreement. The Customer understands that access to the SaaS ends when one of the following events takes place: 1) Customer payments are unpaid after sixty days (60 days) of the invoice date, or 2) Customer cancels its subscription with an advanced 30-day written notice and Customer’s account is paid in full.
- Beti reserves the right to remove any content Beti views as harmful or content that could subject Beti or a customer to a penalty. Limitations to Rights and License. At no time will Customer hold title to or ownership of any of the SaaS, Beti Data, Source Code or any Materials provided to Customer during the term of this
Agreement. Customer access to Customer data records will be withheld at the end of Term until Customer’s balance is fully paid. Upon completion of the term of the Agreement and payment in full, Beti will provide the Customer with the Customer’s data in electronic format.
- Neither the Beti Materials nor any direct product thereof may be exported, directly or indirectly, in violation of these laws, or may be used for any purpose prohibited by these laws.
- LENGTH OF SERVICE Customer agrees to an initial term of service (“Term”). The length of contract term required is based on the type of service desired by Customer and shall be determined solely by Beti as defined in the payment option selected by
- SERVICE START DATE The first subscription payment plus setup charges, if any, shall be due in advance of any service provided. Service shall begin upon Beti receipt of payment for such first Term of service or upon a mutually agreed upon alternate date.
- RENEWAL BY CUSTOMER In the case of subscription licenses this Agreement will automatically renew unless canceled in writing by Customer at least thirty (30) days prior to the end of Term renewal date. Renewal prices are subject to change. Renewal of Services by Customer indicates agreement to any contract revisions and price Renewal fees for the following Term will be automatically invoiced to Customer’s account.
- SAAS CUSTOMIZATION Customer acknowledges that the SaaS is provided “as is” and “as delivered” and cannot be construed as being able to be customized or modified in any way. Customer assumes all responsibility to review all features included in the SaaS prior to signing this agreement.
- SAAS SUPPORT All support for the SaaS shall be conducted as defined in the 2. END-USER PRICING AND SERVICES FEES End-User Pricing and Services Fees are subject to change at the sole discretion of Beti.
- TERMS OF PAYMENT Terms of payment are “C.O.D. Basis” unless credit approval has been granted by If credit approval has been granted, credit terms are net thirty (30) days upon receipt of invoice. Pricing for this customer is agreed as shown on the pricing page at (https://beti.ai/pricing/).
- INFORMATION Proprietary information exchanged hereunder shall be treated as such by Customer. This information shall include, but is not limited to, the provisions of this Agreement, product and services information, materials, software, code, pricing, or any other materials transmitted to Customer under this Customer agrees not to (a) decompose, disassemble, decode, or otherwise reverse engineer any Beti program, code, or technology installed or delivered to Customer or any portion thereof; (b) transmit or allow to be transmitted any such materials to any third party except as necessary for the fulfillment of this Agreement; (c) use any Beti Materials or SaaS in any way not intended or expressly provided for by this Agreement.
- CUSTOMER INFORMATION Beti takes ordinary and customary security measures in protecting customer information passing through software, web sites, e-mail, and the portions of non-public network within Beti’s control. Beti accepts no responsibility beyond ordinary and customary
- WARRANTIES Beti makes no warranties or representations of any kind, whether expressed or implied, for the SaaS Beti is Beti and any suppliers of content materials also disclaim any warranty of merchantability or fitness for any particular purpose and will not be responsible for any damages that may be suffered by Customer, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or due to errors or omissions of Customer. Use of any information obtained by way of Beti is at Customer’s own risk, and Beti specifically denies any responsibility for the accuracy or quality of information obtained through its Services. Connection speed represents the speed of an end-to- end connection. Beti does not represent guarantees of speed or availability of end- to-end connections. Beti expressly limits its damages to Customer for any non- accessibility time or other down time to the pro-rata monthly charge during the system unavailability. Beti specifically denies any responsibilities for any damages, direct or indirect, arising as a consequence of such unavailability.
- SERVICE LEVEL AGREEMENT Beti shall use commercially reasonable efforts to make the service available for use 24 hours a day, 7 days per week with the exception of maintenance downtime. All regular maintenance, updates and upgrades will be performed during non-business hours. Business hours, for this purpose, are defined as 6:00 AM – 6:00 PM local time. Beti expressly limits its obligation for any non-accessibility time or other down time during normal business hours to the pro-rata charge during the system unavailability. Any requested and verified pro-rata charges for downtime will be credited to the customer’s license agreement fees for the next billing cycle.
- COPYRIGHTS AND TRADEMARKS Customer warrants that Customer has the right to use any applicable trademarks or materials that Customer installs, integrates or uses in connection with this 8. TRANSFER OF AGREEMENT Customer may not assign or transfer this Agreement, in whole or in part, without the prior written consent of Beti. In the event that Customer contemplates whole or partial sale of Customer’s business, ownership change, or change in jurisdiction, Customer shall notify Beti by mail, facsimile, or email no less than sixty (60) days prior to the effective date of the event.
- TERMINATION Beti may terminate this Agreement at its sole discretion upon the occurrence of one or more of the following events: 1) Customer’s failure to comply with any provisions of the Agreement upon receipt of written notice from Beti of said failure, 2) appointment of receiver or the filing of any application by Customer seeking relief from creditors, or 3) upon mutual agreement in writing by Beti and Upon termination of this agreement, Beti will provide the Customer with the data for their organization in a mutually acceptable electronic format.
- DISPUTES If legal proceedings are commenced to resolve a dispute arising out of or relating to this Agreement, the prevailing party shall be entitled to recover all costs, legal fees, and expert witness fees as well as any costs or legal fees in connection with any
- INDEMNIFICATION Customer shall indemnify and hold Beti harmless from and against any and all claims, judgments, awards, costs, expenses, damages, and liabilities (including reasonable attorney fees) of whatsoever kind and nature that may be asserted, granted, or imposed against Beti directly or indirectly arising from or in connection with Customer’s marketing or Support Services of the product or Services or the unauthorized representation of the product and Services or any breach of this Agreement by
SaaS provided by Beti and mutually agreed by The Customer.