Terms and Conditions
1. Business Information
Business Name: B3mix
Contact Information: Beusselstrasse 27, 10553, Berlin, Germany
Email: info.b3mix@gmail.com
Phone Number: +4917655769197
Jurisdiction: The laws of Germany, specifically Berlin, currently govern these terms. In the future, the governing jurisdiction may change to Estonia when the company is registered there.
2. Product/Service Details
Description: B3mix is a tool that enables customers of e-commerce business owners to upload images—whether of living areas, clothing, or themselves—and provides personalized product recommendations by matching these images with the business owner's inventory, based on trends and fashion.
User Eligibility: Users must be of legal age to use our services.
Pricing and Payments: We offer a tiered subscription model—Free, Start-up, Medium-Sized, and Enterprise. Each tier has different features, monthly fees, and commission percentages that B3mix takes per item sold. Payments are processed through Stripe, and prices may change at any time without notice. There are no refunds, as we offer a free subscription plan. Billing is conducted monthly.
Subscription/Service Terms: Subscriptions automatically renew unless canceled by the user. Canceling a subscription will immediately stop all services. If a user reaches the limit of their free plan, B3mix will notify them to upgrade. Failure to upgrade will result in the suspension of the tool’s functionality.
3. User Obligations and Rights
Account Creation: Users must create an account, verify their email address or phone number, log in to their panel, and set up products they wish the tool to analyze. Users can then share the generated link on their social media pages or other web pages.
User Responsibilities: Users are responsible for providing accurate information and properly using the service. Users must not share their account details with others, and are responsible for maintaining the confidentiality of their login credentials. Users agree to notify B3mix immediately if they become aware of any unauthorized use of their account.
Content Usage: Users must adhere to the usage policies of any content uploaded or created using B3mix. Users retain ownership of their content, but grant B3mix a worldwide, royalty-free, non-exclusive license to use, distribute, and display the content as necessary to provide the service.
Prohibited Activities: Users are prohibited from using the service for any illegal activities, including but not limited to pornography, gambling, alcohol, tobacco, and underage activities. Any violation of these terms may result in immediate termination of the user's account.
4. Intellectual Property
Ownership: B3mix owns all content and intellectual property on the platform. Users must also adhere to the terms of third-party tools used by B3mix, which are integral to the service provided.
User-Generated Content: User-generated content, including images and data, will be handled according to EU laws. Users can request the deletion of their content, which B3mix aims to complete within 120 days. Business owners can also delete their information through their account panel. Users grant B3mix a limited license to use their content for the purpose of providing the service.
5. Limitations of Liability
Warranties: B3mix provides its service "as is" and makes no warranties, whether express or implied, regarding the service's reliability, availability, or suitability for any particular purpose.
Liability: B3mix is not liable for any direct, indirect, incidental, or consequential damages that may arise from the use of the service. Users acknowledge that the tool may not produce intended results, and agree to use the service at their own risk.
Indemnification: Users agree to indemnify and hold B3mix harmless from any claims, damages, or expenses that may arise from their use of the service or violation of these terms.
6. Privacy and Data Protection
Data Collection: B3mix collects customer data, including images and other information, as per standard practices in EU-based SaaS products.
Data Security: We employ third-party tools to secure user data, but specific tools are considered trade secrets and will not be disclosed.
Third-Party Services: B3mix uses third-party services integral to the tool’s functionality, but their names will not be disclosed as they are part of the company's trade secrets. These services are crucial to the performance of B3mix and are selected to maintain high standards of data security and privacy.
Cookies: B3mix may use cookies and similar technologies to enhance user experience, analyze site usage, and assist in marketing efforts. Users can manage their cookie preferences through their browser settings.
7. Termination of Service
Termination Policies: B3mix reserves the right to terminate a user’s access to the service at any time without providing a reason.
Consequences of Termination: User data will be retained and managed according to EU law. Upon termination, users will lose access to their accounts and any data associated with it. B3mix may retain data for a period necessary to comply with legal obligations or resolve disputes.
8. Dispute Resolution
Governing Law: The terms are governed by the laws of Germany, specifically Berlin.
Arbitration Clause: Any disputes arising out of or relating to these terms will be resolved through binding arbitration in accordance with the rules of the German Arbitration Institute (DIS).
Jsurisdiction: Any disputes not resolved through arbitration will be subject to the exclusive jurisdiction of the courts of Berlin, Germany.
9. Amendments to the Terms
Change Notifications: B3mix may choose not to notify users of changes to these terms, but any significant changes will be posted on the website.
User Agreement to Changes: Continued use of the service after changes to the terms will constitute user agreement to the new terms.
10. Miscellaneous
Force Majeure: B3mix is not liable for any interruptions in service due to extraordinary events beyond its control, including natural disasters, war, or cyber-attacks.
Entire Agreement: These terms constitute the entire agreement between the user and B3mix.
Severability: If any part of these terms is found to be unenforceable, the rest of the terms will remain in effect.
Assignment: Users may not assign or transfer their rights or obligations under these terms without prior written consent from B3mix.
11. Acknowledgment
User Acceptance: By using B3mix, users acknowledge that they have read, understood, and agree to these terms and conditions.
Disclaimer: B3mix reserves the right to turn off the service at any time without prior warning. Users acknowledge that this may result in financial losses and agree not to hold B3mix accountable for any such losses. This applies to all issues, including unforeseen circumstances.
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