System 76, Inc. (“BeansBooks”, “we”, “us”, “our”) provides BeansBooks.com, the “Site” and software, the “Application”. The Application also includes your use of the BeansBooks API. Collectively, the Site and Application are referred to as “Services”. By accessing or using the Services you agree to be legally bound by these terms and conditions, referred to as “Terms” in this agreement.
We reserve the right to change or modify the Terms at any time. We will notify you through email, a notification in the Application, or some other means if we change the Terms. If you do not agree to these Terms or a change we make in the future, discontinue your use of the Services. The Services are for your use only. You may not resell them to anyone else.
We put a great deal of effort into providing secure, reliable and accurate service. However, no system is perfect and errors can occur. The Services are provided to you on an as is basis without warranty of any kind. You are responsible for choosing a secure password and managing users and BeansBooks API access on your BeansBooks account.
All Services information, trademark, data, logos, graphics and pictures are the property of System76, Inc or its licensors and is protected by copyright law. All rights to the Services are expressly reserved.
You own the data (referred to as “User Content”) that you provide including, but not limited to, your uploaded company logo, transactions added to Application, customer information, vendor information, sales orders, invoices, expenses and purchase orders. To enable us to provide Services you grant a limited license to use your information. For example, a limited license is necessary to send invoices and purchase orders to external users at your request, provide authorized access to your information through the BeansBooks API, and display the information to users you create on your BeansBooks Account. We do not claim any ownership interest in your information. Therefore, by providing your User Content, you grant BeansBooks and its affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to use, display, perform, reproduce, distribute, publish, modify adapt, translate and create derivative works from User Content as is necessary to provide the Services. These licenses are non-exclusive because you have the right to use your User Content elsewhere. They are royalty-free because we are not required to pay you for the use of your User Content on the Services. And They are transferable because we need the right to transfer these licenses to any successor operator of the Services. Our rights to “modify, adapt, translate, and create derivative works from” are necessary because the normal operation of the Services does this to your User Content when it processes it for use in the Services.
If you are a developer using the BeansBooks API, and not necessarily a registered user, your use of the BeansBooks API constitutes your agreement to these Terms. We may change Terms and without the ability to notify API developers of the changes. You are responsible for occasionally checking the Site for changes to the Terms. Your use of the Services after a change constitutes your acceptance of the new Terms. You must obtain agreement and license to use User Content from a BeansBooks user to display or deliver any User Content. BeansBooks may restrict or revoke API access at its discretion.
The Site and Services may display third party links or information. We are not responsible for material on third-party web sites.
BeansBooks is software and does not replace professional accounting advice. The Services are provided to you on an “as is” basis without warranty of any kind, express or implied, including warranties of merchantability or fitness for a particular purpose. We limit our relationship to the value of your subscription fees paid in the last 3 calendar months. Further, you indemnify and save harmless, System76 and BeansBooks and everybody associated with System76 and BeansBooks (our directors, officers, employees and other representatives) from and against all damages, liabilities, costs and expenses (including legal fees and costs) claimed against or incurred by System76 directors, officers, employees or representatives in connection with any claims by a third party or by your personnel arising from your use of the Services. These Terms will be interpreted and construed in accordance with the laws of the State of Colorado and the United States of America, without regard to conflict of law principles. The U.N. Convention on Contracts for the International Sale of Goods shall not apply to these Terms. All disputes arising out of this Agreement involving System76 or any of its subsidiaries shall be subject to the jurisdiction of the federal or state courts of Colorado, with venue lying in Denver County, Colorado.