Date last updated: July 21, 2017
IMPORTANT – CAREFULLY READ ALL THE TERMS AND CONDITIONS OF THIS BEAUTIFUL SLIDES SERVICES BETA TERMS OF SERVICE (THIS “AGREEMENT”). BY CREATING AN ACCOUNT TO USE THE BEAUTIFUL SLIDES SERVICES, OR BY CLICKING “I ACCEPT,” “CREATE”, OR PROCEEDING WITH THE USE OF THE BEAUTIFUL SLIDES SERVICES (“BEAUTIFUL SLIDES SERVICES”), YOU AS AN AUTHORIZED REPRESENTATIVE OF YOUR COMPANY ON WHOSE BEHALF YOU USE THE BEAUTIFUL SLIDES SERVICES (“YOU”) ARE INDICATING THAT YOU HAVE READ, UNDERSTOOD AND ACCEPT THIS AGREEMENT WITH BEAUTIFUL SLIDES, INC. (“BEAUTIFUL SLIDES”), AND THAT YOU AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THIS AGREEMENT, YOU MAY NOT USE THE BEAUTIFUL SLIDES SERVICES. THE EFFECTIVE DATE OF THIS AGREEMENT SHALL BE THE DATE THAT YOU ACCEPT THIS AGREEMENT.
1. BEAUTIFUL SLIDES SERVICES.
(a) License. Beautiful Slides grants You the right to access and use the Beautiful Slides Services at the level selected by You solely for Your internal business purposes to use, test and evaluate the Beautiful Slides Services, all in accordance with this Agreement. You will comply with all laws, rules, and regulations applicable to the use of the Beautiful Slides Services.
(b) Restrictions on use of the Beautiful Slides Services. You may not: (a) modify, alter, tamper with, repair, or otherwise create derivative works of the Beautiful Slides Services; (b) reverse engineer, disassemble, or decompile the Beautiful Slides Services or apply any other process or procedure to derive the source code of any software included in the Beautiful Slides Services; (c) resell or sublicense the Beautiful Slides Services; (d) attempt to disable or circumvent any security mechanisms used by the Beautiful Slides Services; (e) use the Beautiful Slides Services to perform a malicious activity; or (f) upload or otherwise process any infringing or malicious content to or through the Beautiful Slides Services. The Beautiful Slides Services may have storage and other limitations.
2. REGISTRATION AND YOUR ACCOUNT.
To register to use the Beautiful Slides Services You must provide Beautiful Slides with the information requested in the registration process, including Your email address. You are responsible for all activities that occur under Your account and Beautiful Slides and Beautiful Slides’ affiliates are not responsible for unauthorized access to Your account. You will contact Beautiful Slides immediately if You believe an unauthorized third party may be using Your account or if Your account information is lost or stolen. You will provide complete and accurate information during the registration process and will update it to ensure it remains accurate.
3. INTELLECTUAL PROPERTY RIGHTS AND OWNERSHIP.
(a) Rights. This Agreement does not transfer any right, title or interest in any intellectual property right to the other, except as expressly set forth in this Agreement. Beautiful Slides owns all rights, title and interest in and to the Beautiful Slides Services. There are no implied rights. Beautiful Slides reserves all rights not expressly granted herein. If You provide Beautiful Slides with feedback on Your use of the Beautiful Slides Services or if Beautiful Slides receives any information reported automatically through the Beautiful Slides Services You give Beautiful Slides all rights in the feedback and Beautiful Slides may use Your feedback without obligation to You.
(b) Your Data. You represent and warrant to Beautiful Slides that: (a) You or Your licensors own all right, title, and interest in and to Your data; (b) You have all rights in Your data necessary to grant the rights contemplated by this Agreement; and (c) none of Your data violates this Agreement, any applicable law or any third party’s intellectual property or other right. You consent to Beautiful Slides’ use of Your data to provide the Beautiful Slides Services to You. Beautiful Slides may disclose Your data to provide the Beautiful Slides Services to You or to comply with any request of a governmental or regulatory body (including subpoenas or court orders).
4. YOUR DATA.
You are solely responsible for the development, content, operation, maintenance, and use of Your data. You will ensure that Your data, and Your use of it, complies with this Agreement and any applicable law. You are responsible for properly configuring and using the Beautiful Slides Services and taking Your own steps to maintain appropriate security, protection and backup of Your data. You represent and warrant that You will not store or process protected health information or any information that You do not have the legal right to process or store when using the Beautiful Slides Services. Beautiful Slides will use commercially reasonable efforts to prevent the unauthorized disclosure or destruction of Your stored information and data. We will collect, use and protect Your personal information as set forth in the Beautiful Slides’ www.beautiful.ai/privacy
5. beta The Beautiful Slides Services are in beta and are not a generally commercially released version. The Beautiful Slides Services are meant for evaluation purposes only.
6. TERM; TERMINATION
(a) Term; Termination. The term of this Agreement commences when You accept this Agreement (such as by creating an account) and will remain in effect for a beta period until the Beautiful Slides Services are generally commercially released, until Beautiful Slides notifies You that You must upgrade to a paying account or until terminated in accordance with this Agreement (whichever is sooner). You may terminate this Agreement at any time by cancelling Your account. Beautiful Slides may also terminate Your account and this Agreement, or suspend Your account, immediately if (i) Beautiful Slides changes the way Beautiful Slides provides or discontinues the Beautiful Slides Services; (ii) Your account was suspended under Section 7 of this Agreement and You have not remediated the reason for the suspension; or (iii) Beautiful Slides determines that: (1) Your use of the Beautiful Slides Services poses a security risk to the Beautiful Slides Services or any third party; (2) Your use of the Beautiful Slides Services may adversely impact the Beautiful Slides Services; (3) Your use of the Beautiful Slides Services may subject Beautiful Slides, Beautiful Slides’ affiliates, or any third party to liability; (4) Your use of the Beautiful Slides Services may be fraudulent; or (5) You are in breach of this Agreement.
(b) Effect of Termination. Upon termination of this Agreement (i) all Your rights under this Agreement immediately terminate and You must cease using the Beautiful Slides Services and (ii) You are solely responsible for deleting or retrieving Your data from the Beautiful Slides Services prior to termination for any reason. If Beautiful Slides terminates Your account or this Agreement, Beautiful Slides will provide You with a reasonable opportunity to retrieve Your data from the Beautiful Slides Services, if You so request. Such a request must be sent by email to Beautiful Slides within seven (7) days after You receive notice regarding the termination. In any event, Your data will be deleted from the Beautiful Slides Services no earlier than fourteen (14) days after the termination notice regarding Your account has been sent to You.
(c) You understand and agree that Beautiful Slides may change, suspend or discontinue any part of the Beautiful Slides Services and the Beautiful Slides Services as a whole. Beautiful Slides will notify You of any material change to or discontinuation of the Beautiful Slides Services by email or via Beautiful Slides’ website.
Without limiting other available remedies included in this Agreement or otherwise, Beautiful Slides may suspend Your access to the Beautiful Slides Services if You are in non-compliance with this Agreement.
8. WARRANTY DISCLAIMER.
You should regularly back up your data and created slides while using the Beautiful Slides Services. BEAUTIFUL SLIDES PROVIDES THE BEAUTIFUL SLIDES SERVICES ON AN “AS IS” BASIS. BEAUTIFUL SLIDES DOES NOT MAKE ANY WARRANTIES REGARDING THE PERFORMANCE OF THE BEAUTIFUL SLIDES SERVICES OR UPTIME OF THE BEAUTIFUL SLIDES SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND BEAUTIFUL SLIDES EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BEAUTIFUL SLIDES HAS NO RESPONSIBILITY FOR LOSS OF DATA OR INABILITY TO USE THE BEAUTIFUL SLIDES SERVICES FOR ANY REASONS, INCLUDING, WITHOUT LIMITATION, IF DUE TO THE ACTS OR OMISSIONS OF ITS THIRD PARTY HOSTING PROVIDERS.
You agree that Beautiful Slides is not obligated to provide You with any maintenance and support on the use of the Beautiful Slides Services. However, Beautiful Slides may access Your account for the purpose of debugging and updating the Beautiful Slides Services.
You acknowledge and agree that You are solely responsible for the slides that You create and determining who will receive access or copies to Your slides.
9. LIMITATION OF LIABILITY.
NEITHER BEAUTIFUL SLIDES, ITS AFFILIATES OR THEIR LICENSORS ARE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, OR DAMAGES ARISING FROM LOSS OF USE, CONTENT OR DATA OR ANY ACTUAL OR ANTICIPATED DAMAGES, REGARDLESS OF THE LEGAL THEORY ON WHICH SUCH DAMAGES MAY BE BASED, AND EVEN IF BEAUTIFUL SLIDES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BEAUTIFUL SLIDES’ AND BEAUTIFUL SLIDES’ AFFILIATES’ AND LICENSORS’ AGGREGATE LIABILITY FOR ANY PERMITTED DIRECT DAMAGES UNDER THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT OF TWO HUNDRED DOLLARS. SECTION 9 ON LIMITATION OF LIABILITY AND SECTION 8 ABOVE ON WARRANTY DISCLAIMER FAIRLY ALLOCATE THE RISKS IN THIS AGREEMENT. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES AND THAT THE LIMITATIONS SPECIFIED IN THIS SECTION 9 SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF THESE TERMS OR ANY LIMITED REMEDY HEREUNDER.
You will defend, indemnify, and hold harmless Beautiful Slides, Beautiful Slides’ affiliates and licensors, and each of their respective employees, officers, directors, and representatives from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to any third party claim concerning: (a) Your use of the Beautiful Slides Services (including any activities under Your account and use by Your employees and personnel); (b) breach of this Agreement or violation of applicable law by You; or (c) Your data or the combination of Your data with other applications, content or processes, including any claim involving alleged infringement or misappropriation of third-party rights by Your data or by the use, development, design, production, advertising or marketing of Your data. Beautiful Slides will promptly notify You of any claim subject to this Section, but Beautiful Slides’ failure to promptly notify You will only affect Your obligations to the extent that Beautiful Slides’ failure prejudices Your ability to defend the claim. You may: (a) use counsel of Your own choosing (subject to Beautiful Slides’ written consent) to defend against any claim; and (b) settle the claim as You deem appropriate, provided that You obtain Beautiful Slides’ prior written consent before entering into any settlement.
(a) Miscellaneous. Beautiful Slides and You are independent contractors, and neither party, nor any of their respective affiliates, is an agent of the other for any purpose or has the authority to bind the other. This Agreement does not create any third party beneficiary rights in any individual or entity that is not a party to this Agreement. You will not assign this Agreement, or delegate or sublicense any of Your rights under this Agreement, without Beautiful Slides’ prior written consent. Beautiful Slides’ failure to enforce any provision of this Agreement will not constitute a present or future waiver of such provision nor limit Beautiful Slides’ right to enforce such provision at a later time. If any portion of this Agreement is held to be invalid or unenforceable, the remaining portions of this Agreement will remain in full force and effect.
(b) Entire Agreement. This Agreement is the entire agreement between You and Beautiful Slides regarding the subject matter of this Agreement. This Agreement supersedes all prior or contemporaneous representations, understandings, agreements, or communications between You and Beautiful Slides, whether written or verbal, regarding the subject matter of this Agreement.
(c) Notice. All communications and notices to be made or given pursuant to this Agreement must be in English. Beautiful Slides may provide any notice to You under this Agreement by posting a notice in the Beautiful Slides Services or sending a message to the email address associated with Your account. You will be deemed to have received any email sent to the email address then associated with Your account when Beautiful Slides sends the email, whether or not You actually receive the email. To give Beautiful Slides notice under this Agreement, You must (1) email Beautiful Slides at firstname.lastname@example.org.
(d) Choice of Law; Jurisdiction. The laws of California govern this Agreement and any dispute of any sort that might arise between You and Beautiful Slides without reference to any applicable conflict of laws rules. You consent to exclusive jurisdiction and venue of San Francisco County, California courts. Beautiful Slides may seek injunctive or other relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of Beautiful Slides’, Beautiful Slides’ affiliates, or any third party’s intellectual property or other proprietary rights. The United Nations Convention for the International Sale of Goods does not apply to this Agreement.
(e) Force Majeure. Beautiful Slides is not liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond Beautiful Slides’ reasonable control, including acts of God, labor disputes or other industrial disturbances, systemic electrical, telecommunications, or other utility failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.
(f) Amendments. Beautiful Slides may amend this Agreement at any time by posting a revised version on the site or by otherwise notifying You by email. The amended Agreement becomes effective as stated in Beautiful Slides’ email notice message. By continuing to use the Beautiful Slides Services after the effective date of any amendment to this Agreement, You agree to be bound by the amended Agreement. Beautiful Slides last amended this Agreement on the date listed at the beginning of this Agreement.