Legal Agreement

Terms of Service

The rules of the road. By using Been Here, you agree to these terms that keep everyone happy.

Last updated: December 22, 2024

beenhere inc. ("Been Here," "we," "our," or "us") provides location bookmarking services for tracking and remembering places you've visited through its website located at beenhere.space ("Site," and together with such service, including any updated or new features, functionality and technology, collectively the "Services"). The Services may be provided on a subscription basis under specific subscription plans ("Subscription Plan"), as offered by beenhere inc. from time to time.

By using our Services, you ("you," "your," or "Customer") agree to these Terms of Service. Please read them carefully as they constitute a legal agreement between you and beenhere inc.

Important Notice Regarding Arbitration

These Terms of Service contain an arbitration agreement and class action waiver that applies to all claims brought against beenhere inc. Please read them carefully. By using the Services, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or representative actions.

1. Definitions

For the purposes of these Terms, the following terms shall have the meanings defined below:

In our Terms of Service, we use several key terms with specific meanings. An "Affiliate" refers to any entity that directly or indirectly controls, is controlled by, or shares common control with another entity, where control is defined as ownership of more than 50% of the voting interests. "Customer Data" encompasses all electronic data or information that you submit to our Services during your usage, including location check-ins, ratings, wifi speeds, notes, and other content. A "User" is defined as any individual who you have authorized to access and use the Services. "Malicious Code" includes any harmful elements such as viruses, worms, time bombs, Trojan horses, and other harmful code, files, scripts, agents, or programs that could impact our services or your data.

2. Service License

2.1 Service License

Subject to these Terms and your payment of applicable fees, we grant you a comprehensive yet limited license to use our Services. This non-exclusive, non-transferable license allows you to access and utilize our Services for your personal or business purposes, enabling you to bookmark locations, track travel history, rate places, record wifi speeds, and add notes about locations you've visited. You may install and use any client software we provide as part of the Services. This license is specifically designed to support your location tracking needs while protecting our intellectual property rights.

2.2 Usage Restrictions

To protect our Services and ensure fair usage, certain activities are strictly prohibited. You may not license, sublicense, sell, or resell any part of our Services to third parties. The creation of derivative works or modifications to our Services is not permitted, nor is reverse engineering our platform to build competitive products. We explicitly prohibit using our Services for any illegal or unauthorized purposes. Additionally, you must not interfere with or attempt to disrupt the integrity of our Services in any way. These restrictions are essential to maintaining the quality and security of our platform for all users.

4. Customer Obligations

3.1 Account Registration

To ensure proper service delivery and security, we maintain specific requirements for account registration and maintenance. Users must be at least 18 years old to create an account and must complete our registration process in full. We require that all information provided during registration be accurate and complete, reflecting your current details. Account security is paramount, and you are responsible for maintaining the confidentiality of your account credentials. It's essential that you promptly update any changes to your account information to ensure continuous and secure access to our Services. This commitment to accurate information helps us provide you with the best possible service experience.

3.2 Customer Responsibilities

As a customer using our Services, you bear several important responsibilities that are crucial for maintaining service integrity and security. You are accountable for all activities that occur under your account, whether authorized by you or not. Your usage must align with all applicable laws and regulations in your jurisdiction. The accuracy and legality of your Customer Data remain your responsibility throughout your use of our Services. Additionally, you are responsible for ensuring that any location data you share complies with privacy laws and that you have the right to share such information.

5. Subscription Plans and Payment

4.1 Pricing Structure

Our pricing structure is designed to be transparent and predictable. We offer various subscription plans with different features and usage limits. Pricing details are available on our website and may be updated from time to time. For organizations with specific needs, we also offer Enterprise plans with custom pricing and dedicated support tailored to your requirements.

4.2 Payment Terms

Our payment terms are structured to ensure continuous service delivery while providing flexibility in payment options. All fees must be paid in advance of the service period to maintain uninterrupted access to our platform. We accept payments through major credit cards and other payment methods as indicated on our website. Enterprise customers have the option to arrange alternative payment methods that better suit their organizational requirements. To maintain service quality and fairness to all customers, we may need to interrupt service access in cases of failed payments until the account is brought current. We recommend setting up automatic payments to avoid any service interruptions.

6. Data Rights and Security

Customer Data

You retain full ownership and rights to all Customer Data you submit. By using our Services, you grant us necessary licenses to process your data solely for providing and improving our Services.

Security Measures

We maintain SOC 2 Type II certification and implement:

  • End-to-end encryption for all data transmission
  • Regular security audits
  • Continuous monitoring systems
  • Comprehensive access controls

7. Term and Termination

The term begins when you first use the Services and continues until terminated. Either party may terminate with 30 days written notice. Immediate termination may occur for material breach or violations of our terms. Accounts inactive for over 90 days may be terminated.

8. Warranties and Disclaimers

Our Warranties

We warrant that our Services will:

  • Perform substantially as described in our documentation
  • Maintain functionality without material decreases
  • Implement appropriate security measures
  • Maintain compliance with applicable laws

EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICES ARE PROVIDED "AS IS" AND WE MAKE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE.

9. Limitation of Liability

IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICES IN THE TWELVE MONTHS PRECEDING THE INCIDENT. IN NO EVENT SHALL WE HAVE ANY LIABILITY FOR ANY LOST PROFITS, LOST DATA, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

10. Indemnification

You agree to indemnify and hold us harmless from any claims, damages, losses, liabilities, costs, and expenses arising from:

  • Your use of the Services
  • Problems related to your Customer Data
  • Violations of these Terms
  • Infringement of third-party rights

11. General Provisions

Governing Law

These Terms shall be governed by the laws of the State of Delaware.

Dispute Resolution

Any disputes will be resolved through binding arbitration in Wilmington, Delaware.

These Terms constitute the entire agreement between you and beenhere inc. regarding the Services and supersede all prior agreements.

12. Contact Information

Our dedicated support team is ready to assist you with any questions or concerns about these Terms of Service. For legal inquiries or formal communications, please contact us at contact@beenhere.space. We strive to respond to all inquiries within 48 hours, ensuring that your questions about our Terms of Service are addressed promptly and thoroughly. Our team is committed to providing clear explanations and assistance in understanding your rights and obligations under these Terms.