Terms of Service for Beaver Dam

Last updated: 2023-06-04

Legal people sometimes require to make things particularly "conspicuous" and use ALL-CAPS which are painful to the eyes. Instead we will use yellow boxes with bolded text like this.

Read these Terms of Service (the "Terms") carefully before using the services offered by Cocreators OÜ ("Cocreators", "we", or "us"). By using the Beaver Dam website (the "Site") and the services offered by Beaver Dam (the "Services", includes the Site, browser extension, and any mobile applications offered or published by Beaver Dam) you are agreeing to these legally binding Terms. You also agree to follow our Privacy Policy and other rules on the Site. By using the Service in any manner, including but not limited to visiting or browsing the Site, you agree to be bound by these Terms. If you no longer accept the clauses in the Terms of Service, or any of its future modifications, You must cease using the Beaver Dam software. Continued use of the Beaver Dam software indicates Your continued acceptance of the Terms of Services and the clauses within.

We may change these Terms from time to time, however we will send a notification about any material changes at least 30 days in advance and give you a chance to delete all your data from our system before the new Terms come in effect, in case you find the changes unwelcome. Notifications will happen through email (when available), as well as on the Site itself, but it is your responsibility to periodically check these Terms of Service for changes in case of failure to deliver notices through other means.

Cocreators reserves the right to change, suspend, or discontinue the Service, including but not limited to, the availability of any feature or content, as well as impose limits on certain features and service or restrict your access to parts or all of the Service at any time without notice or liability.

Any updates to the Terms will be in effect only after the effective date, which can be at the earliest 30 days from the time the notification is sent out. By using the Services after the effective date, you accept the new Terms.

With Beaver Dam we aim to provide a service which people can use to make their browsing experience more pleasant. Users may try out the extension with a trial license, or purchase licenses that give the user the right to use the extension on a number of active installations based on the specific package they subscribe to or purchase.

The team behind Beaver Dam tries to gather community feedback to direct the development, but there are no guarantees or promises made about what is being developed or when.

Beaver Dam offers trial licenses to try out the extension before making a purchase decision, recurring subscriptions, perpetual licenses where you only pay once and never need to pay again. The perpetual licenses are for non-commercial use only, as commercial users are expected to need more support and providing that service will have ongoing costs associated with it. Additionally Beaver Dam may offer promotional licenses to e.g. media and community members, or reward licenses for referrals.

Any violation of these Terms may result in various Moderation Actions that may include:

• Changing your name to a new one in our community
• Temporarily disabling your access to the Service or a part of the Service, e.g. community
• Termination of your account

In case of suspected impersonation, or simply confusion with names, we reserve the right to rename any accounts if we deem it necessary.

We reserve the right to perform other reasonable Moderation Actions as we see fit but will try to ensure these Terms are updated with new types of Moderation Actions whenever we start implementing them. We will only consider terminating accounts in extreme cases, where warnings or other moderation actions are not deemed appropriate or proportionate.

If your violation of these Terms results in a termination of your account, you are not entitled to any refunds, but we will consider it if your use of the Service has been minimal considering the terms of the license you purchased.

Cocreators does not own content you submit to us (your "Content") e.g. via our feature requests, community, or support services, but Cocreators depends on the permission and license from you to operate the Service.

• We can use the content you submit. You grant to Cocreators, and others acting on our behalf, the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable right to use, exercise, commercialize, and exploit the copyright, publicity, trademark and database rights with respect to your Content.
• We can modify and repost the content you submit. You grant us the right to edit, modify, reformat, excerpt, delete, or translate any of your Content, as well as use it for advertising purposes.
• Your Content is your responsibility. All information you submit to Cocreators, whether public or private, is your sole responsibility. Cocreators is not responsible for mistakes, errors, or omissions in any content.

The Beaver Dam Service is legally protected in many ways, including copyrights, trademarks, service marks, patents, trade secrets, and other rights and laws. You agree to respect all copyright and other legal notices, information, and restrictions for any content you gain access to via the Service. You agree not to change, translate, or create derivative works of the Service or data from the Service using other means.

Any use of the content or data from the Service for commercial purposes requires prior written permission from Cocreators or the copyright holders in question. Here "commercial purposes" means that you intend to use, sell, license, rent, or otherwise exploit the content in any way for commercial use.

These activities are not allowed on Beaver Dam Services or community:

• Breaking the law. This includes actions infringing on others' rights (including but not limited to patents, trademarks, trade secrets, and copyright), violating your local laws, or breaching any contracts.
• Misinformation. Do not spread misinformation about Beaver Dam or Cocreators, especially when referring other users to it. Do not make false, misleading, untrue, or inaccurate claims about the Service, or try to deceive anyone on the Service.
• Harassment. Any kind of threats, abuse, defamation, or other harassment of anyone on the Service, including invasion of privacy, or posting of obscene, offensive or profane content is not allowed.
• Spam and commercial activities. You are not allowed to attempt to use the service or our community to advertise for yourself. You cannot perform commercial activities such as contests, sweepstakes, bartering, or advertisement, related to your Beaver Dam account and your referral links in any way without prior written permission from Cocreators.
• Harming other users. Do not attempt to, in any way, hack other users of Beaver Dam, or perform any actions in an attempt to harm other users of the Service.

Additionally, to ensure operation of the Beaver Dam service:

• Do not try to interfere with the proper function of the Service.
• Do not attempt to bypass security measures of the Service.
• Do not try to break into, damage, or in any way access any system, data, passwords, or other information in the Service or any other parties.
• Do not cause unreasonable load on our Service. We reserve the right to determine what is reasonable, if in doubt - contact us first.
• Do not use any kind of crawlers or spiders or similar means (manual or automated) to harvest data from the Service.
• Do not attempt to reverse engineer any components of the Service.

You must be a human to use Beaver Dam Services or community. Accounts registered by bots or other automated methods are not permitted.

You must not falsely claim to be Beaver Dam or Cocreators, or associated with either. The look and feel of the Service is Copyright © Cocreators OÜ. All rights reserved. Beaver Dam, Cocreators, the Cocreators logo, Beaver Dam logo, and character likeness, and any other product or service name or slogan displayed on the Service are trademarks of Cocreators OÜ and may not be copied, imitated, or used, in whole or in part, without prior written permission of Cocreators OÜ or the applicable trademark holder. You agree to not reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service, without express written permission from Cocreators OÜ.

By using the Services you agree that you do not attempt to bypass the license requirements on the Services. If you do attempt to bypass the license requirements, you will be liable to pay the license fees of your past and future use. If you attempt to enable others to bypass the license requirements, by e.g. sharing information about how one might potentially bypass the license requirements, you will be liable for the total past and future license fees of all the users who you have directly or indirectly attempted to assist, and if exact numbers are not available a reasonable estimate of the number of users, regardless of if the attempt was in the end successful. Attempts to bypass the license requirements may result in immediate account termination.

If your intentional actions, direct or indirect, result in any damages to the Service, or excess costs to Cocreators from e.g. the amount of requests sent to our servers, we require you to compensate us for the damage and the work required to fix or remediate the issues you may have caused.

We reserve the right to suspend or terminate your account and refuse any and all current or future use of the service for any reason at any time. Such termination of the service will result in the deactivation or deletion of your account and your access to the Beaver Dam licenses and software. Cocreators reserves the right to refuse service to anyone for any reason at any time. We have this clause because occasionally there are abusive people who require unreasonable amounts of effort from us to manage otherwise.

Verbal, physical, written, or other abuse, including but not limited to threats of abuse or retribution, of any service customer, company employee, agent, or officer, may result in immediate account termination.

You are entitled to a free trial before signing up for a subscription or buying a perpetual license. The trial access only requires you to sign up for an account, we don't require your payment information. We recommend you use it to try and confirm if you find the service useful before paying for it.

After the trial period, you need to pay for a license to keep using the Service. If you do not pay on time, we will freeze your licenses and disable the extension until you make payment. If you are upgrading from a free trial to a paid plan, we will charge you immediately and your billing cycle starts on the day of upgrade. If you find that you are dissatisfied with the service after purchasing a license, we still offer a full 30-day money-back guarantee, contact support within 30-days of your purchase to get a refund. Subscriptions are billed automatically via the payment method you have chosen.

If you attempt to activate more licenses than your account has available, the activation will fail. This includes automatic periodical refreshing of the active license on your extension, which will lead to the installation being disabled until you either release another license, or purchase more. If you have licenses based on a subscription and the subscription is cancelled, the license will deactivate on the date the next subscription payment would have been. You may continue to use any remaining licenses you are still entitled to, including licenses from other subscriptions, or perpetual licenses. You will not be charged extra for attempts to use licenses you have not paid for. You are free to terminate any subscriptions you want at will, or have multiple subscriptions as you wish, e.g. for corporate use.

You are solely responsible for cancelling and deleting your account. An email or other support request to delete your account is not considered a cancellation. You can always easily delete your own data by logging into the "My account" area, and using the Delete account -function. All your active subscriptions will be cancelled, and the account will be deleted instantly.

If your account remains unused, determined by login activity and the automatic refreshing of your extension license tokens, for a period of longer than 9 months we will queue your account for automatic deletion.

Once he deletion of an account is triggered either manually or automatically, we delete all your data except for what we are required to keep by law, or is necessary for our legitimate business purposes (such as invoice history, and keeping our statistics accurate). The data may still be backed up for up to 60 days after which there is no way for us to recover them. We do not recover data from our backups unless there is a critical event causing severe data loss or similar for our database as a whole.

This agreement survives the termination of an account, and we continue to hold a license to your Content previously submitted to Beaver Dam, for example in our advertisements, or list of feature ideas.

Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle provides all customer service inquiries and handles returns. All fees are inclusive of all taxes, levies, or duties imposed by taxing authorities. Paddle will collect those taxes on behalf of taxing authority and remit those taxes to taxing authorities. See Paddle’s Terms of Use for details.

Cocreators is not responsible for any damages or losses from using the Service. We try to choose reliable partners but are not responsible for their failure to deliver agreed services - be that payment gateways, or whatever else. Our ability to monitor the performance of our partners is limited, so if you have evidence of any of of our partners not performing as well as alternatives, we would appreciate feedback.

Similarly, Beaver Dam operates using servers, networks, and other systems managed by companies other than Cocreators, and so though we strive for the best, we cannot ensure constant 24/7/365 availability of our service.

When using the Service, you release Cocreators from any claims, damages, and demands of any kind in any way related to the Service, known or unknown, suspected or unsuspected, perceived or real, disclosed or undisclosed.

Beaver Dam may link to other services and websites, e.g. Facebook. Cocreators is not able to make any guarantees of 3rd party websites, and you access them at your own risk. Links from Beaver Dam do not mean endorsements.

To ensure smooth operation of the services, we reserve the following rights:

• We can make changes to the Site and Service without notice or liability other than what is defined in these here Terms of Service. This includes discontinuing, temporarily or permanently, any part of the service or any feature of the extension.
• We can change the pricing structure for our products. When we do that, we tend to exempt existing customers from those changes. However, we may choose to change the prices for existing subscriptions. If we do so, we will give at least 30 days notice and will notify you via the email address on record. We may also post a notice about the changes on our Site.
• We can choose who can use the Service. We can terminate accounts and perform any Moderation Actions as we deem necessary. We can change our criteria for who is allowed to use the Service at any time. If these terms are not acceptable by law where you live, then your right to use Beaver Dam in that jurisdiction is automatically revoked.

Cocreators is not liable for any damages resulting from any of the actions performed based on these Terms of Services. We may choose to explain our actions but are not required to do so. Cocreators shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the service or a feature.

You agree that the use of the Service shall be solely at your own risk. Cocreators specifically disclaims any and all warranties and conditions of merchantability, non-infringement, and fitness for a particular purpose, and any warranties implied by any course of dealing, course of performance, or usage of trade. No advice or information, whether oral or written, obtained by you from Cocreators shall create any warranty. The Service is provided "as-is", and Cocreators, it's directors, employees, agents, suppliers, partners and content providers do not warrant that the service will be secure or available at any particular time or location, or that any defects or errors will be corrected, or that any content or software available at or through the Service is free of viruses or other harmful components, or that the results of using the service will meet your requirements or expectations.

Technical support is provided by email. Email responses are provided on the reasonable effort basis without guaranteed response time.

To the maximum extent permitted by applicable law, in no event will Cocreators, its affiliates, directors, employees, partners, suppliers, or content providers be liable for any indirect, incidental, punitive, consequential, special, or exemplary damages of any kind, including but not limited to damages resulting from your access to, use of, or inability to access or use the Service, or for any lost profits, data loss, any bugs, viruses, trojan horses, or the like, regardless of source, loss of goodwill, work stoppage, computer failure or malfunction, or cost of procurement or substitute goods or services, or for any conduct of content or any third party on the Site. In no event shall Cocreators’s liability for direct damages be in excess of (in total) one hundred Euros (100.00€). If the user has paid less than 100.00 euros for the Beaver Dam service, Cocreators's liability for direct damages will not exceed the exact amount the user has paid through their own account.

It may be possible to use features in Beaver Dam for actions that are against the laws of your country. We cannot monitor all the countries on the planet, and will not track your location to determine your local legal landscape. As such, it is the sole responsibility of the user to ensure that their use of Beaver Dam is in accordance with the laws they are subject to. In no event shall Cocreators be liable for any actions or damages by users of Beaver Dam.

If any of your actions cause us to get sued, or break any of the promises you make in this agreement, you agree to defend, indemnify, and hold Cocreators harmless (as well as its affiliates, authorized sublicensees and distributes, and each of their employees, contractors, directors, suppliers, and representatives) from all liabilities, claims, and expenses (including reasonable attorneys' fees and other legal costs) that arise from or relate to your use or misuse of, or access to, the Service. Cocreators reserves the right to assume the exclusive defense and control of any matter otherwise subject to this indemnification clause, in which case you agree that you'll cooperate and help Cocreators in asserting any defenses at your sole expense.

If you have any issues with Beaver Dam, we encourage you to contact us before resorting to courts. If legal action does arise, these Terms (and all other rules, policies, or guidelines referenced here) will be governed according to the laws of Estonia.

You agree that Beaver Dam and its Services are deemed a passive service that does not give rise to jurisdiction over Cocreators or its patents, subsidiaries, affiliates, assigns, employees, agents, directors, officers, or shareholders, either specific or general, in any jurisdiction other than Estonia.

You agree that any action at law or in equity arising out of or relating to these Terms, or your use or non-use of Beaver Dam, shall be filed only in the courts located in the city of Tallinn in Estonia, and you hereby consent and submit to the personal jurisdiction of these courts for the purposes of litigating any such action.

You hereby irrevocably waive any right you may have to trial by jury in any dispute, action, or proceeding.

These Terms and any policies referenced in them are the entire agreement between you and Cocreators with respect to the Service. They supersede all prior agreements, other communications, and proposals, be it oral, written, or electronic, between you and Cocreators with respect to the Service and govern our future relationship.

If any provision of these Terms is held to be unenforceable, that provision will be limited or eliminated to the minimum extent necessary to enforce it. If the provision cannot be modified, it is severed from these terms so that the Terms otherwise will remain in full force and effect and enforceable.

The failure of either you or Cocreators to exercise any right provided for in these Terms in any way won't be deemed waiving the ability to enforce any rights in the future.

These Terms are personal to you. You cannot assign them, transfer them, or sublicense them unless you get Cocreators's prior written consent. Cocreators has the right to assign, transfer, or delegate any of its rights and obligations under these Terms without your consent. In any such event Cocreators will provide you notice via email, written notice, or on the Site.

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