User License Agreement
This Busybee Automation Administrative Platform User License Agreement (this “APULA”) is a binding contract between you (“you” or “your”) and Busybee Automation, LLC (“Busybee Automation”, “we”, “us or “our”), a Florida limited liability company, and certain of its affiliates (“Affiliates” and, together with Busybee Automation, the “Busybee Automation Parties”) and applies to the use of Busybee Automation’s administrative website platform (“Administrative Platform”), which may be used by you or any of your agents, employees or authorized users (such persons, “Authorized Users”) in connection with administrative functions relating to Busybee Automation connected devices (the “Connected Devices”). Certain use of the Administrative Platform is also governed by the Busybee Automation Terms of Service (the “Terms of Service”), which may be accessed by clicking the following link: https://busybeeautomation.com/pages/terms-and-conditions.
You acknowledge and agree that this APULA is between you and the Busybee Automation Parties, and not with any third party, and that Busybee Automation is solely responsible for the Administrative Platform.
THIS APULA CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. IT INCLUDES VARIOUS LIMITATIONS ON, AND EXCLUSIONS OF, OUR LIABILITY TO YOU AND YOUR INDEMNITY OF US.
1. Scope of License
The license granted to you for the Administrative Platform is the “Administrative Platform License” as set forth in the Busybee Automation Connected Devices Purchase and Platform Services Licensing Agreement between you and Busybee Automation (as the same may be amended and supplemented from time to time, the “Sale Agreement”), which Sale Agreement is hereby incorporated by reference. All rights not expressly granted to you by this APULA are hereby reserved by Busybee Automation.
You must be 18 years old and a resident of the United States of America to use the Administrative Platform. You agree that you may and will only use the Administrative Platform in a manner consistent with this APULA
3. Restricted Use
You may not rent, lease, lend, sell, redistribute, sublicense, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Administrative Platform. Any attempt to do so, including any alteration of any proprietary notices, is a violation of the rights of Busybee Automation and it's licensors. If you breach this restriction, you may be subject to prosecution and liable to Busybee Automation and/or its licensors for damages.
The Administrative Platform may incorporate updates from Busybee Automation from time to time, which updates are designed to improve, enhance and further develop the Administrative Platform and may take the form of big fixes, new or enhanced functions or entirely new software or firmware. You agree to ensure at all times that your and your Authorized Users’ web browsers are compatible with the Administrative Platform and updated so as to meet or exceed the minimum requirements of the Administrative Platform to allow you and your Authorized Users to access and use the Administrative Platform. If at any time you or your Authorized Users do not maintain such a compatible and updated web browser, then Busybee Automation may, in its sole discretion, disconnect and cease providing the Administrative Platform to you.
5. Intellectual Property Rights
The Administrative Platform and all information, documents and materials available on or through the Administrative Platform are protected by trademark, copyright or other intellectual property laws and international treaty provisions. All websites, corporate names, service marks, trademarks, trade names, logos and domain names (collectively, the “Marks”) of the Busybee Automation Parties are and shall remain Busybee Automation’s exclusive property. Nothing in this APULA shall grant you the right or license to use any of the Marks. Busybee Automation has a non-revocable, worldwide license to use or incorporate feedback received into the Administrative Platform.
6. Disclaimer of Warranties;
Limitation of Liability
You understand and agree that devices used to access the Administrative Platform may rely on internet service providers or wireless networks, including, but not limited to, 4G LTE, CDMA and GSM (“Wireless Networks”) and that actual internet or Wireless Network signal availability may depend on a combination of the third-party Wireless Network carriers and the availability and actions of roaming partners, that that factors outside Busybee Automation’s control, such as weather, buildings, topography, usage or maintenance activities of wireless network providers may limit or interrupt the Administrative Platform or alerts. Busybee Automation is not responsible for the interruption or limitation of the Administrative Platform related to issues with Wireless Networks or internet service providers.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE ADMINISTRATIVE PLATFORM IS AT YOUR SOLE RISK, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ADMINISTRATIVE PLATFORM ARE PROVIDED “AS-IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND BUSYBEE AUTOMATION HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE ADMINISTRATIVE PLATFORM, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT AND NON-INFEINGEMENT OF THIRD-PARTY RIGHTS. BUSYBEE AUTOMATION DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE ADMINISTRATIVE PLATFORM, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE ADMINISTRATIVE PLATFORM WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE ADMINISTRATIVE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE ADMINISTRATIVE PLATFORM WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY BUSYBEE AUTOMATION PARTY, NOR AN AUTHORIZED REPRESENTATIVE THEREOF, SHALL CREATE ANY WARRANTY. IF YOUR ADMINISTRATIVE PLATFORM ARE DEFECTIVE, YOU UNDERSTAND AND AGREE THAT YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
To the maximum extent permitted by applicable law, in no even shall Busybee Automation’s liability to you for all damages (other than as may required by law in cases involving personal injury) exceed the amount of fifty dollars ($50).
8. Legal Compliance
You acknowledge and agree that you may not use, export or re-export the Administrative Platform except as authorized by United States federal law and the laws of the state in which the Administrative Platform were obtained or are used, installed, maintained or accessed. In particular, but without limitation, the Administrative Platform may not be exported or re-exported (i) into any U.S.-embargoed countries (such countries, “Sanctioned Countries”) or (ii) to anyone on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List (such persons or entities, “Sanctions Persons”). By using the Administrative Platform, you represent that you are not located in a Sanctioned Country and that you are not a Sanctioned Person. You also agree that you will not use any of the Administrative Platform for any purposes prohibited by United States federal or state law, including, without limitation, to develop, design, manufacture or produce nuclear, missile, chemical or biological weapons.
If you sign up for any paid service with any third party, terms of that relationship are between you and that third party. You acknowledge that any charges that you incur with such third party, including charges resulting from accessing the internet, purchasing or subscribing to other offerings via the internet or purchasing equipment for use with the Platform Services. You agree that you are solely responsible for all charges payable to third parties, including all applicable taxes.
11. Third-Party Terms
You must comply with all applicable third-party terms of agreement when using the Administrative Platform.
You agree that (i) neither your rights nor your obligations under this APULA are assignable and (ii) we may freely assign our rights and obligations under this APULA in our sole discretion, without notice to you. This APULA shall bind and inure to the benefit of you and Busybee Automation and their successors and permitted assigns. Each of you and Busybee Automation acknowledge and confirm that you are acting as an independent contractor with respect to the activities covered by this APULA.
This APULA and any other documents incorporated by reference constitute the entire agreement and understanding between you and Busybee Automation with respect to the subject matter of this APULA, and they replace any and all prior written or verbal agreements between you and Busybee Automation. If any portion of this APULA is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of you and Busybee Automation, and the remainder of the provisions shall remain in full force and effect. If Busybee Automation fails to insist upon or enforce strict performance of any provision of this APULA, it shall not thereby waiver or be deemed to have waived any provision or right that it has under this APULA or applicable law. Neither course of conduct or dealing between you and Busybee Automation, nor Busybee Automation’s trade practice shall act to modify any provision of this APULA. The language of this APULA shall be construed as a whole, according to its fair meaning and intent, and not strictly for or against either you or Busybee Automation, regardless of which party drafted or was principally responsible for drafting this APULA or any specific term or condition hereof.
This Agreement and any other documents incorporated herein by reference are governed by, and shall be construed in accordance with, the laws of the State of Florida, without regard to its conflict of law principles.
13. Maintenance and Support
Please contact us at the address, telephone or email listed on our contact page https://busybeeautomation.com/pages/contact for customer support.