Updated as of May, 26th, 2011
Service
Service.
Terms of use apply to all users of our Bime service, a product owned by WE ARE CLOUD ltd.
Bime is a business intelligence service, dedicated to a professional use only.
Account terms:
In order to access some features of our Bime service, you will have
to create you an account.
You must be 13 years or older to use this Service. You must be a human.
Accounts registered by “bots” or other automated methods are not permitted:
you agree not to use or launch any automated system that accesses the Bime
service in a manner that sends more request messages to the Bime service servers
in a given period of time than a human can reasonably produce in the same period
by using a conventional on-line web browser. You must provide your legal full name,
a valid email address, and any other information requested in order to complete
the signup process. Your login may only be used by one person – a single login
shared by multiple people is not permitted. You may create separate logins for
each person. You are responsible for all Content posted and activity that occurs
under your account (even when Content is posted by others who have accounts under
your account). WE ARE CLOUD cannot and will not be liable for any loss or damage
from your failure to comply with this security obligation. You may never use
another's account without permission. If you are using a free account you are
not permitted to block ads. One person or legal entity may not maintain more
than one free account.
You must notify WE ARE CLOUD team immediately of any breach of
security or unauthorized use of your account at contact@wearecloud.com.
Although WE ARE CLOUD will not be liable for your losses caused by
any unauthorized use of your account, you may be liable for the
losses of Bime service or others due to such unauthorized use.
API Terms
Customers may access their Bime service account data via an API (Application Program Interface). Any use of the API, including use of the API through a third-party product that accesses Bime service, is bound by the terms of this agreement plus the following specific terms:
You expressly understand and agree that WE ARE CLOUD shall not be
liable for any direct, indirect, incidental, special, consequential
or exemplary damages, including but not limited to, damages for
loss of profits, goodwill, use, data or other intangible losses
(even if WE ARE CLOUD has been advised of the possibility of such
damages), resulting from your use of the API or third-party
products that access data via the API.
Abuse or excessively frequent requests to Bime service via the API
may result in the temporary or permanent suspension of your
account's access to the API. WE ARE CLOUD, in its sole discretion,
will determine abuse or excessive usage of the API.
WE ARE CLOUD reserves the right at any time to modify or
discontinue, temporarily or permanently, your access to the API (or
any part thereof) with or without notice.
Payment, Upgrading and Downgrading Terms
A valid credit card is required for paying accounts. You will have to submit all information needed through Paypal or our certified Bank portal Ogone. See Paypal terms of use and Privacy. There is no account activation fee.If you want to go on using Bime, through one of the paying plans, you will be billed monthly starting 10 days after your account was initially created for the trial period, and then every 30 days. The functionalities of the service available during this free trial are those of the “Premium” plan which is the best plan in terms of functionality.
If you want to use the service after the trial period of 10 days, you must subscribe through your account to the paying version at the rates and conditions applied. After the trial period you can choose to continue with the “Premium” paying plan, downgrade to smaller paying plans called "Entreprise" or "Workgroup". In the case of a subscription to "Entreprise" or "Workgroup", the Customer will receive the functionalities specified here: http://bimeanalytics.com/pricing-plans/
The Customer will no longer enjoy the free trial after the 10 day period.
Use of paying plans is billed, on a monthly basis, for 30 days length.
The first invoice is sent few days after you’ve been charged.
For any upgrade or downgrade in plan level, your credit card that you provided through Paypal or Ogone will automatically be charged the new rate on your next billing cycle.
Downgrading your plan will reduce the number of dashboards, connections and the number of users allowed to run Bime under your firm account.
Prices displayed on our website (
http://bimeanalytics.com/pricing-plans/)
are exclusive of all taxes. Taxes will be charged as regards your
location, for each payment and will appear on each bill.
Clients living outside European Union won’t be charged
additional taxes.
Clients living inside European Union but outside France will be
charged French taxes (+19,6%) UNLESS they give us their
intra-communitarian VAT number.
Termination
You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the “cancel” button in your account dashboard.All of your Content (framework of your queries, dashboards and models) can be immediately deleted from the Bime Service upon cancellation if you asked for it (contact@wearecloud.com). This information cannot be recovered once your account is cancelled.
If you cancel the Bime Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
WE ARE CLOUD, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Bime Service, or any other WE ARE CLOUD service, for any reason at any time. Such termination of the Bime Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your Account. WE ARE CLOUD reserves the right to refuse Bime service to anyone for any reason at any time.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any WE ARE CLOUD customer, employee, member, or officer will result in immediate account termination.
Modifications to the Service and Prices
WE ARE CLOUD reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Bime Service (or any part thereof) with or without notice.Prices of all Services, including but not limited to monthly subscription plan fees to the Bime Service, are subject to change. Such notice may be provided at any time by posting the changes to the Bime service Site or Bime itself.
WE ARE CLOUD shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Bime Service.
Content ownership
We claim no intellectual property rights over the material you provide to the Bime Service. Your profile and materials uploaded remain yours. However, by sharing your login and password publicly, you agree to allow others to view and share your Content.WE ARE CLOUD does not pre-screen Content, but WE ARE CLOUD and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Bime Service.
You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from WE ARE CLOUD.
Logo.
By becoming a paying customer of the Bime service, you grant us
permission to use your company name and logo in connection with
the marketing and promotion of Bime.
Technical Specifications:
To use Bime at its full potential, see technical specifications here: http://bimeanalytics.com/tour/technical-specifications/If the customer wants specific developments (for example: trainings, particular connections, …), he will have to contact WE ARE CLOUD at contact@wearecloud.com to brainstorm about a customized solution, free or paying. WE ARE CLOUD can decline the request in its sole discretion.
Formats compatibility: WE ARE CLOUD can’t guarantee Bime’s compatibility with all datasources formats (web or on-premise). The list of current datasources we support is available here: http://bimeanalytics.com/how-does-it-work/connect/
General Conditions
Your use of the Bime Service is at your sole risk. The Bime service is provided on an “as is” and “as available” basis.Technical support is provided IN PRIORITY to paying account holders over free account holders. Technical support is only available via email at http://bimeanalytics.com/support
You understand that WE ARE CLOUD uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
You must not modify, adapt or hack the Bime Service or modify another website so as to falsely imply that it is associated with the Bime, WE ARE CLOUD, or any other WE ARE CLOUD service.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Bime Service, use of the Bime Service, or access to the Bime Service without the express written permission by WE ARE CLOUD.
We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use. You may not use the Bime Service for any illegal or unauthorized purpose. You must not, in the use of the Bime Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You also agree not to submit any Software to Bime through the Service.
You understand that the technical processing and transmission of the Bime Service, including your Content, may be transferred unencrypted and involve transmissions over various networks; and changes to conform and adapt to technical requirements of connecting networks or devices.
You must not upload, post, or transmit unsolicited email, SMSs, or “spam” messages to WE ARE CLOUD and Bime service.
You must not transmit any worms or viruses or any code of a destructive nature through Bime service and to WE ARE CLOUD.
If your bandwidth usage exceeds 250 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by WE ARE CLOUD) of other Bime service customers, we reserve the right to immediately disable your account until you can reduce your bandwidth consumption.
WE ARE CLOUD does not warrant that the service will meet your specific requirements, the service will be uninterrupted, timely, secure, or error-free, the results that may be obtained from the use of the service will be accurate or reliable, the quality of any products, services, information, obtained by you through the service will meet your expectations, and any errors in the Bime Service will be corrected.
The failure of WE ARE CLOUD to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. The Terms of use constitutes the entire agreement between you and WE ARE CLOUD and govern your use of the Bime Service, superseding any prior agreements between you and WE ARE CLOUD (including, but not limited to, any prior versions of the Terms of Use).
WE ARE CLOUD reserves the right to update and change the Terms
of Use from time to time without notice. Any new features that
augment or enhance the current Bime Service, including the release
of new tools and resources, shall be subject to the Terms of Use.
Continued use of the Bime Service after any such changes shall
constitute your consent to such changes.
Questions about the Terms of use should be sent to support at
contact@wearecloud.com
PRIVACY POLICY NOTICE:
Updated as of September, 15th, 2010
WE ARE CLOUD respects the privacy of anyone who uses a WE ARE
CLOUD Web site (http://wearecloud.com,
http://analytics.bimehq.com,
http://bimeanalytics.com)
and WE ARE CLOUD online applications (Bime).
WE ARE CLOUD gathers important information from our visitors and
customers. We publish this Privacy Policy to communicate how we
gather and use information about you, how we protect it, and how
you can participate in its protection.
This Privacy Policy is part of the Terms of Use. We reserve the
right to change this Privacy Policy. If we change it, we will
provide notification of the change at least thirty (30) business
days before the change takes effect and include directions for how
you can respond to the change.
Collected Information
We require people who register to use a WE ARE CLOUD online
application to give us contact information. We ask for contact and
account information, such as email, password, country, timezone and
number of users in the organization who will be using Bime, in
addition to financial and billing information, such as billing name
and address (your card number is only registered through Paypal,
see Paypal Terms of use, except for members who use a free
account).
WE ARE CLOUD does not distribute or share customer e-mail
addresses, except as noted in its Terms of Use, or as may be
required by law.
We transfer information about you if WE ARE CLOUD or Bime service
is acquired by or merged with another company. In this event, WE
ARE CLOUD will notify you before information about you is
transferred and becomes subject to a different privacy policy.
WE ARE CLOUD uses the information we collect to set up Bime for
individuals and their organizations. We may also use the
information to contact customers and prospects to further discuss
their interest in our company, the Services we provide and ways we
can improve them, and to send information such as announcements of
promotions and events regarding our company or partners. We may
also e-mail a customer newsletter and updates about Bime or the
company. You can opt out of receiving these communications by
replying to them at the time they are distributed or at any time by
e-mailing contact@wearecloud.com.
All financial and billing informations that we collect through a WE
ARE CLOUD Web site and Bime are used solely to bill for Bime. WE
ARE CLOUD does not use this billing information for marketing or
promotional purposes. Except as we explicitly state at the time we
request information, or as provided for in the WE ARE CLOUD Terms
of Use, we do not disclose to any third party the information
provided.
Other third parties, such as content providers, may provide
information on a WE ARE CLOUD Web site, but they are not permitted
to collect any information, nor does WE ARE CLOUD share any
personally identifiable user information with these parties.
WE ARE CLOUD customers use WE ARE CLOUD online applications to
“read” data and information or to store a picture of
their data using the optional feature
“DéjàVu”, hosted by third party secured
hosting providers (Amazon web services). WE ARE CLOUD will not
review, share, distribute, print, or reference any such data except
as provided in the WE ARE CLOUD Terms of Use, or as may be required
by law. We will view or access individual records only with your
permission (for example, to resolve a problem or support issue). Of
course, users of Bime are responsible for maintaining the
confidentiality and security of their user registration and
passwords.
WE ARE CLOUD may also collect certain information from visitors to
a WE ARE CLOUD Web site and customers of Bime, such as Internet
addresses. This information is logged to help diagnose technical
problems and to administer the WE ARE CLOUD Web site and Services
in order to constantly improve quality. We may also track and
analyze non-identifying and aggregate usage and volume statistical
information from visitors and customers and provide such
information to third parties.
Data storage
WE ARE CLOUD uses third party secured hosting providers to supply
the necessary hardware, software, networking, storage, and related
technology required to run Bime. Although WE ARE CLOUD owns the
code and all rights to the Bime service application, you retain all
rights to your data. See our hosting providers Privacy and Terms of
use here: www.aws.amazon.com/terms and
www.aws.amazon.com/privacy.
Security
Security is the number one priority.As regards cloud databases, we chose the best providers to rely on: Google (google spreadsheets), Amazon (amazons simle db), our current ones.
As regards internal relational databases such as Postgre, Mysql, Oracle, Excel, sql server, security depends on your internal capabilities.
WE ARE CLOUD requires unique user names and passwords that must be entered each time a customer logs on. These safeguards help prevent unauthorized access, maintain data accuracy and ensure the appropriate use of data.
Opt-Out Policy
WE ARE CLOUD offers you a means to choose how we may use
information you provided. If, at any time after registering for
information or paying for Bime, you change your mind about
receiving information from us or about sharing information with
third parties, send us a request specifying your new choice. Send
your request to contact@wearecloud.com.
Correcting and Updating Your Information
To update or change registration information or to update billing
information, log on to the Services at a WE ARE CLOUD Web site,
click the Account button in your account dashboard. You can’t
correct and update information by phone or email.
Additional Information
Questions regarding this Privacy Policy or the security practices
of Bime should be directed to WE ARE CLOUD by e-mailing Contact@wearecloud.com.