Beautiful Slides Refer a Friend
Last revised on January 13, 2021
Beautiful Slides, Inc. (hereinafter, “Beautiful.ai,” “we,” “us,” and/or “our”) offers a refer a friend program (the “Program”) whereby, subject to the terms and conditions hereof, eligible Customers may earn potential credits as further described in Section 6.1 (“Credits”) to be applied towards certain future fees payable by such Customer for its Subscription Plan by referring friends to become new users of the Beautiful.ai Services, as further described herein. Capitalized terms used and not defined in these Refer a Friend Program Terms (these “Terms”) will have the same meaning given to them in the Beautiful.ai Terms of Service Agreement.
PLEASE READ THESE TERMS CAREFULLY -- THESE TERMS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS BETWEEN CUSTOMER AND BEAUTIFUL.ai GOVERNING CUSTOMER’S PARTICIPATION IN THE PROGRAM. BY GENERATING A REFERRAL LINK ASSOCIATED WITH CUSTOMER’S ACCOUNT AND/OR OTHERWISE PARTICIPATING IN THE PROGRAM, YOU: (1) ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH IN THESE TERMS; REPRESENT THAT CUSTOMER IS ELIGIBLE TO PARTICIPATE IN THE PROGRAM AS SET FORTH BELOW IN SECTION 1; AND (3) REPRESENT THAT YOU HAVE THE AUTHORITY TO ENTER INTO THESE TERMS (INCLUDING ALL OF THE TERMS AND CONDITIONS SPECIFIED OR REFERENCED BELOW), ON BEHALF OF CUSTOMER.
IF YOU AND/OR THE CUSTOMER DOES NOT AGREE WITH ALL OF THE TERMS AND CONDITIONS OF THESE TERMS, OR YOU DO NOT HAVE AUTHORITY TO BIND CUSTOMER TO THESE TERMS, DO NOT GENERATE A REFERRAL LINK OR PARTICIPATE IN THE PROGRAM.
1.1 Participation in the Program. Subject to these Terms, Customers who have an existing “Basic” or “Pro” subscription plan (hereinafter, the “Subscription Plan”) are eligible to participate in the Program. The Program is currently not open to Customers who have a “Team” subscription plan, and Customers with a “Team” subscription plan, and their Authorized Users, are not eligible to, and may not, participate in the Program. For an overview of Beautiful.ai’s subscription plans, please see our Subscription Page.
1.2 Credit Eligibility; Eligible Fees. Credits shall only be applied towards future fees payable by Customer for a “Pro” Subscription Plan (“Eligible Fees”). This means that if Customer has a “Basic” Subscription Plan, any accrued Credits will not be applied to Eligible Fees unless and until Customer upgrades to a “Pro” Subscription Plan. “Eligible Fees” do not include any past amounts due and payable by Customer, or for any other costs, fees, or other charges in addition to the Subscription Plan fees due and payable by Customer in connection with Customer’s access and use of the Beautiful.ai Services.
1.3 Eligible Referrals. Referrals made by Customer under the Program shall only be considered if such referral is a net new customer lead for the direct online purchase of a Pro Subscription Plan directly from Beautiful.ai, that is not (i) a government official, or government owned or controlled entity and/or any of their employees, (ii) a political party and/or candidate, (iii) an existing or previous customer of the Beautiful.ai Services, (iv) an Authorized Users of Customer, which includes, for the avoidance of doubt, any user that is granted access to Customer’s Account to collaborate, (v) any other individual or entity already in Beautiful.ai’s systems, and/or (vi) a Beautiful.ai representative, agent or employee (each, an “Eligible Referral”).
3.1 Overview. In compliance with these Terms, Customer may generate, and distribute to Eligible Referrals, a unique referral link which will correlate Eligible Referrals submitted by Customer to Customer’s Account (a “Referral Link”) using the referral dashboard through the user interface of the Platform (the “Dashboard”) accessible through Customer’s Account, and Customer will be eligible to receive a Credit for each Qualified Referral. Customer acknowledges and agrees that it will be subject to, and shall comply with, all applicable terms, policies, and/rules applicable to the Program that are made available by Beautiful.ai to Customer in addition to these Terms (the “Program Policies”). The Program Policies which are made part of these Terms, and will control over any conflicting provisions in these Terms solely with respect to the subject matter of the applicable Program Policy.
3.2 Changes to the Program. Customer understands and agrees that Beautiful.ai may change, suspend or discontinue any part of the Beautiful.ai Services and/or the Beautiful.ai Services as a whole. Beautiful.ai will notify Customer of any material change to or discontinuation of the Beautiful.ai Services by email or via Beautiful.ai’s website. Customer acknowledges and agrees that Beautiful.ai will not be liable to Customer or to any third party (including, without limitation, any Authorized User) for any modification, suspension or discontinuance of the Beautifil.ai Services (or any part thereof Beautiful.ai may at any time and in its sole discretion: (i) modify or update the terms, conditions, and/or requirements of the Program, these Terms, and will make such modified or updated terms available in writing, or (ii) revoke a Customer's account, and/or terminate Customer’s participation in the Program in its entirety.
4.1 Term. These Terms will continue for as long as Customer participates in the Program, unless terminated as provided herein (the “Term”).
4.2 Termination by Customer. Customer may terminate these Terms, and its participation in the Program, at any time, upon written notice to Beautiful.ai via email at firstname.lastname@example.org.
4.3 Termination & Suspension by Beautiful.ai. If, Beautiful.ai, in good faith, believes that Customer’s and/or any Authorized User’s participation in the Program violates these Terms and/or any Program Policies, Beautiful.ai may terminate these Terms immediately upon written notice to Customer.
4.4 Automatic Termination. In addition, these Terms will automatically terminate (without any obligation to provide notice) upon the termination or expiration of Customer’s Pro Subscription Plan pursuant to, and as set forth in, the Beautiful.ai Terms of Service Agreement.
4.5 Effect of Termination. Upon any termination or expiration of these Terms all rights granted herein will terminate and Customer will immediately cease use and/or distribution of the Referral Link. In addition, except for termination pursuant to Section 4.3, Customer’s remaining Credit Balance (defined in Section 6.1 below), if any, as of the effective date of termination, shall continue to be applied to Customer’s future payments of Eligible Fees pursuant to the Beautiful.ai Terms of Service Agreement. Notwithstanding, for the avoidance of doubt, Customer shall not be entitled to receive a refund or cash payout for any remaining Credit Balance after all Eligible Fees have been paid by Customer following termination of these Terms.
5.1 Distribution. Customer will use best efforts to distribute the Referral Link only to Eligible Referrals. Referral Links should only be used for personal and non-commercial purposes. Referral Links should not be published or distributed on commercial websites (such as coupon websites) or on blogs. The distribution and/or sharing of any and all Referral Links must be (i) strictly consistent with any instructions provided by Beautiful.ai, and (ii) compliant with the terms and conditions of these Terms and all applicable marketing, privacy and data protection laws and governmental regulations. Customer shall be solely responsible for Customer’s and its Authorized Users’ use and distribution of the Referral Links and participation in the Program.
5.2 Restrictions. Customer shall not, nor permit any third party to: (i) “spam” anyone with referral invitations, including, without limitation, mass emailing, texting or messaging people Customer does not know; (ii) use automated systems or bots through any channel to distribute the Referral Link; and/or (iii) pay to advertise the Referral Links.
5.3 Representations and Warranties. Customer represents and warrants that (i) Customer will comply with, and will conduct all activities in furtherance of these Terms and its participation in the Program in accordance with, all applicable laws, rules and regulations, including, without limitation, any applicable data protection laws or regulations; (ii) Customer has obtained all permissions and/or approvals as may be necessary or required to refer Eligible Referrals to Beautiful.ai hereunder; and (iii) Customer will not include any materials and/or content (including, without limitation, any text of email distributions) with any Referral Links and/or distribute any Referral Links on any websites or webpages, or in a manner, that (a) is for an unlawful, invasive, infringing, defamatory, or fraudulent purpose; (b) contains obscene or pornographic content; or (c) violates these Terms and/or any applicable Program Policies.
5.4 Removal. At Beautiful.ai’s request, Customer will immediately cease distribution of, and remove from any social media posts, any Referral Links Beautiful.ai determines, in its sole discretion, has been distributed or used in violation of these Terms, the Program Policies, and/or any applicable laws, rules or regulations.
6.1 Earning Credits. Subject to these Terms, Customer will be eligible to receive a Credit for each Qualified Referral (as defined below), in the then-current Credit amount set forth in the Referral Program FAQ at the time the referral is deemed a Qualified Referral. Once earned, Customer’s Credit balance will be available through the Dashboard (the “Credit Balance”). Credits are non-transferable, have no cash value, and may not be exchanged for cash. “Qualified Referral” means an Eligible Referral that (i) purchases a Pro Subscription to the Beautiful.ai Services directly from Beautiful.ai and the purchase originates from Customer’s Referral Link; (ii) has been invoiced for and from whom Beautiful.ai has received payment for, at least a minimum period of 30 days, for a Pro Subscription Plan; and (iii) where all the foregoing occurs during the Term.
6.2 Applying Credits. Subject to these Terms, the Credit Balance will be automatically applied to the next payment of Eligible Fees that are due and payable following the date the Credit was earned. If the Credit Balance is greater than the applicable Eligible Fees payable by Customer in the next payment due as set forth above, the remaining Credit Balance will be applied to each following payment of Eligible Fees until the Credit Balance is exhausted, except as otherwise set forth in Section 4.5. For more information regarding Credit amounts, earning Credits, and how Credits are applied, please see our Referral Program FAQ page.
6.3 Taxes. Customer is responsible for any federal, state and/or local taxes, and any other costs and expenses, if any, that may result from the redemption or use of any Credits.
6.4 Changes to Credits. Beautiful.ai may, at its sole option, increase or decrease Credit amounts by providing written notice to Customer (email/electronic communication permitted), or updating these Terms and/or any applicable Program Policies. Beautiful.ai reserves the right, in its sole discretion not to issue any Credits to Customer where Beautiful.ai determines, in its sole discretion, that Customer’s actions are not consistent with the intent of this Program, or Customer and/or any Authorized User is in violation of these Terms and/or any Program Policies.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PROGRAM IS PROVIDED AS IS, WHERE IS AND WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, WRITTEN, ORAL OR ARISING UNDER CUSTOM OR TRADE. BEAUTIFUL.ai DISCLaiMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES, ACCURACY, SATISFACTORY PURPOSE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN NO EVENT SHALL: (I) BEAUTIUL.ai BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL OR OTHER DAMAGES RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE PARTICIPATION, OR INABILITY TO PARTICIPATE, IN THE PROGRAM, EVEN IF BEAUTIFUL.ai HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (II) BEAUTIFUL.ai’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THESE TERMS, EXCEED ON HUNDRED DOLLARS ($100.00). BEAUTIFUL.ai DISCLaiMS ALL LIABILITY OF ANY KIND OF ITS SUPPLIERS.
Customer will defend, indemnify and hold harmless Beautiful.ai, its affiliates, directors, officers and employees against all liabilities, damages, losses, costs, fees (including legal fees), and expenses relating to any allegation or third-party legal proceeding to the extent arising out of: (i) Customer’s participation in the Program; (iii) Customer’s and/or any Authorized Users’ breach of these Terms; and/or (iii) allegations that the Customer’s activities in connection with, or participation in, the Program, violate any applicable laws, rules or regulations, including, without limitation, the CAN-SPAM Act and/or any applicable data protection laws or regulations.
As between Customer and Beautiful. ai, Beautiful.ai retains all right, title and interest in and to the Referral Links, and any other materials, documentation and information made available by Beautiful.ai to Customer in connection the Program, including any and all copies thereof and improvement, updates, and/or or enhancements thereto. Beautiful.ai reserves all rights not expressly granted herein and no implied licenses or rights are granted by Beautiful.ai. Customer acknowledges that any ideas, inventions, or suggestions submitted by Customer and/or its Authorized Users regarding any aspect of the Program (collectively, “Feedback”), may be used by Beautiful.ai without compensation or attribution to Customer or any Authorized User, and Customer hereby grants to Beautiful.ai, its subsidiaries, affiliates and partners a worldwide, irrevocable, royalty free, non-exclusive, sub-licensable and transferable license to use and exploit such Feedback for any purpose.
By participating in the Program, Customer consent to receiving electronic communications from Beautiful.ai. These electronic communications may include notices about applicable Credits, transactional information and other information concerning or related to Customer’s participation in the Program. These electronic communications are part of Customer’s relationship with Beautiful.ai and Customer agrees that any notices, agreements, disclosures or other communications that Beautiful.ai sends to Customer electronically will satisfy any legal communication requirements, including that such communications be in writing.
These Terms and any and all claims arising out of relating to these Terms and/or the Program, including, without limitation, any disputes regarding the interpretation or performance of these Terms (collectively, “Disputes”) will be governed by and construed in accordance with the laws of the State of California, U.S.A., excluding its conflict of law principles. The parties will try in good faith to settle any Dispute within 30 days after the Dispute arises. If the Dispute is not resolved within 30 days, then such Dispute will be litigated exclusively in the Federal or State Courts of San Francisco County, California, USA, and the parties consent to personal jurisdiction in those courts.
Beautiful.ai reserves the right to update or modify these Terms at any time. The revised Terms will be posted on the web page [provide webpage for Program Terms]. All updates and modifications to these Terms will be effective from the day they are posted online (except as stated below). If we make any material changes to these Terms, we will notify Customer of these changes by posting a notice of the changes on our website located at www.beautiful.ai (the “Site”) and we may send Customer a notice via email to the email address we have on file for Customer’s Account. It is Customer’s responsibility to regularly visit and review these Terms. If Customer does not agree to any updates or modifications to these Terms, do not participate in the Program and terminate these Terms as set forth in Section 4.2. Customer’s and/or any Authorized User’s continued participation in the Program after we have posted the updated the Terms, or, in the event of material changes, if Customer has not terminated these Terms as set forth above within ten (10) days following the date we posted the notice of such changes on the Site and/or notified Customer via email, as applicable, signifies to us that Customer acknowledges and agrees to be bound by the revised Terms.
Customer will not assign or otherwise transfer its rights or delegate its obligations under these Terms, in whole or in part, and any attempt to do so will be null and void. These Terms are not intended to benefit, nor shall it be deemed to give rise to, any rights in any third party. The parties are independent contractors and these Terms do not create any agency, partnership, or joint venture. No party is liable for inadequate performance to the extent caused by a condition that was beyond its reasonable control. Failure to enforce any provision will not constitute a waiver. If any provision is found unenforceable, the balance of the provisions will remain in full force and effect. These Terms and the Program Policies constitutes the parties’ entire agreement relating to its subject and supersedes any prior or contemporaneous agreements on that subject.
Please feel free to contact us at email@example.com if you have any questions about the Program or these Terms.