Terms of Service (Refunds)
§ 5 TMG:
HR Nr.: HRB 168965
Robert Becker and Olaf Bryan Wielk
Responsible for content, § 55 Abs. 2 RStV:
Olaf Bryan Wielk
© Beemgee GmbH, 2017.
Beemgee blog posts by Beemgee are licensed under a Creative Commons Non-Commercial Attribution 4.0 International License. Based on a work at www.beemgee.com/blog. Permissions beyond the scope of this license may be available at firstname.lastname@example.org.
That means you may share, link to and/or quote at will from our blog texts in an online environment while retaining the spirit of our content (no out of context quotations, please).
All on-site texts (headlines, sublines, help-texts, etc) on our websites (www.beemgee.com, beta.beemgee.com, app.beemgee.com or character.beemgee.com)
© Beemgee GmbH, 2017.
The authors have asserted their moral rights.
Beemgee will only collect and use your personal information in order to make our software and service better, faster, and more convenient for you. We will never disclose your personal information without your explicit consent.
Limitation of liability for website content
The content of our websites have been compiled with meticulous care and to the best of our knowledge. However, we cannot assume any liability for the up-to-dateness, completeness or accuracy of any of the pages. Pursuant to section 7, para. 1 of the TMG (Telemediengesetz – Tele Media Act by German law), we as service providers are liable for our own content on these pages in accordance with general laws. However, pursuant to sections 8 to 10 of the TMG, we as service providers are not under obligation to monitor external information provided or stored on our website. Once we have become aware of a specific infringement of the law, we will immediately remove the content in question. Any liability concerning this matter can only be assumed from the point in time at which the infringement becomes known to us.
Limitation of liability for links
Our website may contain links to the websites of third parties (“external links”). As the content of these websites is not under our control, we cannot assume any liability for such external content. In all cases, the provider of information of the linked websites is liable for the content and accuracy of the information provided. At the point in time when the links were placed, no infringements of the law were recognisable to us. As soon as an infringement of the law becomes known to us, we will immediately remove the link in question.
The content and works published on this website are governed by the copyright laws of Germany. Any duplication, processing, distribution or any form of utilisation beyond the scope of copyright law shall require the prior written consent of Beemgee GmbH.
We would like to expressly point out that the transmission of data via the internet (e.g., by e-mail) can result in security vulnerabilities. It is therefore impossible to safeguard the data completely against access by third parties. We cannot assume any liability for damages arising as a result of such security vulnerabilities.
The use by third parties of all published contact details for the purpose of advertising is expressly excluded. We reserve the right to take legal steps in the case of the unsolicited sending of advertising information; e.g., by means of spam mail.
Disclaimer for Facebook (Facebook Social Plug-in)
Our website might use the so-called social plugins (“Plug-ins”) of the social network facebook.com, which is operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA (“Facebook”). The plugins are identifiable by one of the Facebook logos (white “f” on a blue background or a “thumbs-up” sign) or by the phrase “Facebook Social Plugin”. The list and the look of Facebook Social Plugins can be found here: developers.facebook.com/plugins.
Purpose and details of the data assessment and further use and analysis of the data by Facebook and your related rights and control functions to protect your private data can be found in the data disclaimer of Facebook: www.facebook.com/policy.php.
If you use Facebook and do not want Facebook to collect your data via our websites and store it in connection with to your Facebook account, we advise you to log out of Facebook prior to visiting our websites. You may also have to delete any related cookies stored locally by Facebook.
Furthermore, it is possible to block the data generation of Facebook Plug-ins by using browser add-ons such as „Facebook Blocker“.
Disclaimer for Google-Analytics
This website may use Google Analytics, a website traffic analysing software by Google Inc. (“Google”). Google Analytics uses so-called “cookies”. These are text files which are stored locally on your computer that make it possible to track your usage of this website. The information thus generated (including IP-Address) may be forwarded to a Google server in the United States and stored there locally. Google will use this information to analyse the usage of this page in order to generate reports about the activity of website visitors for Beemgee GmbH, the owners of this website. Furthermore, Google may transmit this information to third parties in case it is required to do so by law. Google will not connect your IP-Address with any other data Google has access to.
You can block the transfer of data to Google by using the plug-in available here: tools.google.com/dlpage/gaoptout?hl=en.
Source: Fb and Google disclaimers.
Disclaimer for Google+ (plus / +1)
Beemgee websites may contain Google+ (plus or +1) buttons, with which you may share information via your Google+ profile. Google may save such information as you share using the Google+ button, as well as information about the sites you visit. Google may use information thus shared in connection with your Google+ profile name and image in other Google services, for instance in your search results or on your Google profile, as well as on third party websites or ads in the Google network. It may be the case that your identity may be made visible to people who have your e-mail address or other identifying data saved in their web services.
Google may use information you have made available to Google via the Google+ button in accordance with Google’s terms concerning data protection. Google may publish cumulated statistics based on Google+ user behaviour and pass these on to partners such as publishers, advertisers or affiliated websites.
Disclaimer for Twitter
Our websites may use functions provided by Twitter Inc., Twitter, Inc. 1355 Market St, Suite 900, San Francisco, CA 94103, USA. Using Twitter functions (“tweets” and “re-tweets”) via our websites means that you will be required to connect to your Twitter account, and it may be made public that you have visited our websites. Data may be transferred to Twitter servers. We have no knowledge of or control over such activities by our website visitors. See also http://twitter.com/privacy.
Change the privacy settings of your Twitter account here http://twitter.com/account/settings.
Disclaimer for other social media services, etc.
Beemgee websites may contain social share buttons similar to those of the social media services mentioned above.
We expect the users of such services to be aware of data protection and privacy policies of the services they use.
Terms of Service
The following terms regulate the contractual agreement between Beemgee GmbH (Ltd.) and you. Divergent terms which we have not agreed upon in writing are not valid. These conditions apply for all contracts about, with and on our website Beemgee.com.
We, Beemgee GmbH, provide freemium software as a service. You may set up and work on a project free of charge through our website Beemgee.com. The software is conceived to help you structure narrative content such as screenplays or novels. You may purchase additional services for a fee.
You can easily cancel your subscription at any time on your profile page. There are no cancellation fees, though no refunds are provided for prorated periods.
Your right to revoke a transaction under German law
We are obliged to advise you that under German law, you may revoke any transaction and claim a refund within 14 days. The only exception is when the transaction and the service is fulfilled upon payment. Since you receive access to premium functionality directly upon payment, our obligation is therewith fulfilled, so that when you have registered for a subscription for a fee on our page, your right to revoke the transaction no longer applies. If you experience any problem or have any queries, write to payment (at) beemgee.com
I. About us
1. We are Beemgee GmbH and we provide browser-based software available via the website beemgee.com. We are located at Mittenwalder Strasse 29, 10961 Berlin. Managing directors are Robert Becker and Olaf Bryan Wielk.
2. Beemgee GmbH is your partner for all contracts closed on, about and with the Beemgee.com website, but not for contracts provided by third parties, for example organisations we may link to on our website.
3. We reserve the right to amend our terms.
II. Our offer
1. Via Beemgee.com we offer you webtools for you to structure narrative material (such as novels, screenplays, etc.). We offer several tools and services, and this contract constitutes our agreement if you choose to buy or use any of these tools or services.
2. The usage of our tools is subject to a charge (“premium”) as long as an offer is not declared “free” or “free of charge”.
3. The costs of access to our free or premium offer during the duration of your use (internet provider charges, etc.) must be paid by you.
4. We offer to secure your work in the format we offer. You do not have the right to delivery of any other kind than or in any other form as provided.
5. It is up to you to maintain the technical standards necessary to interact with our software (hardware, internet browser, etc.).
6. We provide support, without any legal obligation, with our posts on Beemgee.com and via e-mail, though support and information on usage are not part of this agreement. We are not liable for damages resulting from your use of our software, to yourself or to third parties, or for the above mentioned liabilities.
III. Usage of Beemgee
1. You may use all free and premium functions and tools for your personal, private or commercial usage. This applies to your content and the data. You may not open up a service comparable or similar to Beemgee based on your usage of Beemgee tools.
2. You are liable for the content you provide, write and store at Beemgee. You may not save, store, host or post on Beemgee any content which is forbidden by law.
1. Beemgee service is available 24 hours a day, 365 days a week. Only circumstances beyond our control can can affect availability, for example server maintenance or acts of God.
V. Acts of God
1. Circumstances beyond our control, for example natural catastrophes, wars, floods, power cuts, etc., may effect the availability of our services.
1. By using our service you are allowing Beemgee to save your content and user information.
2. Beemgee uses secure servers located in Europe.
3. Beemgee adheres to German standards and regulation for data protection (cf. § 5 BDSG)
4. Any data or content you provide remains legally yours.
5. Beemgee reserves the right to use third parties such as web hosting services.
6. You may not seek access to any user content stored as a Beemgee project which was not produced by yourself.
7. Beemgee guarantees to keep your data and content private. Beemgee will not be sell or otherwise pass on your content or data.
1. Usage of Premium features available via Beemgee.com requires your identification. This means you will be a registered user on our website, identifiable to us in the form of an e-mail address. We will not pass on your e-mail address to any other parties.
2. Registration requires all necessary data according to the online form provided and you are obliged to fill in the correct information.
3. Keep your password secret.
4. It is your obligation to provide correct data. Otherwise we cannot identify your project. If loss or mistakes occur, we cannot be held responsible, and we will not be able to recover your projects if the data you supply is incorrect.
5. Keep in mind that free accounts are not password protected and not connected to a registered user. We can only ensure that you personally will be identifiable as the author of any content saved on our platform if you are a registered user.
1. You pay a yearly subscription fee. The subscription is renewed automatically. You may cancel your subscription at any time.
2. Several payment options are provided. Please choose which payment option you prefer as part of the payment procedure. We do not offer you the right to pay whichever way you may choose. Beemgee GmbH uses PayPal as payment provider, therefore the conditions apply as set out by this payment provider. In any case, the folllowing rules shall apply –
i. Payment by credit card: If you do not have a PayPal account, PayPal requires you to enter your credit card number, security code number, card holder name and expiry date. While additional security protocols are in effect, Beemgee GmbH is not liable for them, nor are we liable when any third party (i.e. the payment provider) receives your data and uses it on their own behalf as part of the payment procedure. We are not liable for any damages that may occur during the payment process outside of our platform.
ii. PayPal payments are transacted through the PayPal website and are subject to the conditions set forth therein.
3. It is not possible to combine promotion codes.
IX. Your user obligations
1. As part of our service, we save your data and content. While we will always try to recover your content in case of loss, we are under no legal obligation to provide your content in case of technical failures or problems with availability. We therefore advise you to backup your content locally (for example via PDFs or exports).
2. You may copy, share and commercially exploit any content you have developed yourself using the Beemgee service. You may not, however, use Beemgee in order to provide a service identical or similar to Beemgee.
3. Beemgee may use third party technical services in order to provide you with the service you have purchased (e.g. hosting).
4. You are solely responsible for your content and data on our websites. We do not monitor user content.
5. You may not save or develop illegal content on Beemgee.
6. Beemgee reserves the right to block or delete any content that infringes on the provisions set out in this agreement. Should Beemgee incur costs as a result of such infringements, we reserve the right to pass on costs to the user who caused them.
7. You the user must provide the necessary technical equipment (browser software, internet connection) in order to be able to use our service.
8. It is the user’s responsibility to backup user content saved on Beemgee.
9. You the user shall be responsible for the secrecy of your password and user name. We cannot be held responsible if unauthorised persons or organisations attain access to your login details.
10. You may not provide our services to third parties.
X. Revocation rights – waiver
1. Please be aware that after payment and usage you can no longer revoke the service and cannot claim a refund of your fee. See introduction to the terms above.
1. We are only liable for damages if we act with intention or absolute negligence. In all other cases and circumstances damages we are liable for cannot exceed damages which can be foreseen at the time of the contract being sealed.
2. We as Beemgee GmbH are not liable for data losses. Technical systems are subject to failure, therefore the risk of data losses can never be fully excluded.
3. We as Beemgee are not liable for content which you store on our platform. We do not view, supervise, check or control your content.
XII. Termination, Cancellation, Access
1. The contract between you and Beemgee GmbH is sealed the moment you are able to start using tools and functions, in particular those which we indicated as Premium, Pro or other payable accounts.
2. The contract covers solely the use of the Beemgee service in the provided form. We are not responsible for your usage of the service and whether it matches your usage intentions.
3. The contract is automatically renewed every 12 months. You may cancel your subscription at any time up to ten days before the renewal date.
XIII. Contract closing procedure
1. Beemgee has the right to delete a project if it violates the regulations set forth in this contract, if a project is not used for more than two years, or if recurring payments are not paid regularly.
2. When you fill in content (to which you must be copyright holder) in the Beemgee application, you grant Beemgee the unrevocable right to provide this content for delivery and on demand and view through our platform upon entry of the correct combination of password and username. It is part of our service to maintain your content on the platform, however Beemgee is not legally obliged to store such content, and it is advised that you save your content by other means also.
3. We guarantee access to the Beemgee platform and your content 98 % of the time (based on a per annum quantification), according to IX.2. and further conditions set forth in this contract. Exceptions are technical faults that are no fault of our own (third party) and acts of God.
4. Beemgee has the right to cancel a subscription and/or delete a project or a data file if this agreement is in anyway violated.
5. You may cancel your subscription at any time.
1. You are copyright holder of any content you save in Beemgee. You may not use Beemgee tools to infringe on copyright and intellectual property which you do not hold. Using Beemgee tools to analyse or describe existing works by others (for example in the context of academic study) should normally not constitute such an infringement, but Beemgee accepts no liability in any case. Beemgee is under no obligation to monitor the copyright of any content users save using the Beemgee software.
2. For all free projects – meaning all projects you and other users don’t pay to create – it is not possible for us to determine who the copyright holder is. Beware whom you grant access to your free projects.
3. Beemgee claims no copyright whatsoever to user generated content. Neither is Beemgee liable for such content. We request that you save a second copy of your content outside our platform.
4. Beemgee guarantees that your content shall not be divulged to third parties. The sole proviso being that should we be required to do so by law, we would have to give authorities access to your content.
XV. Closing conditions
1 As far as legally possible, this agreement is governed by German law. CISG shall not be applicable.
2. If you are a “Kaufmann” (business holder) according to German HGB law, any court proceedings shall be held in Berlin only.
3. If any one of these clauses or regulations should not be valid or binding, the conditions of all the other clauses shall remain binding.
Beemgee GmbH, 23rd October 2016 (revised 29th January 2017, wording revised 18th April 2017)
Cookies also to tell us which of our webpages you (anonymously!) find most interesting. Beemgee uses analytics software which counts the pages visitors browse. We do this in order to be able to improve the quality of our service in the future.
No Beemgee web presence will share any personal information with third parties in any automated way. Nor does the company Beemgee GmbH share, divulge or trade with user data in any form whatsoever.