Terms and Conditions ("Terms")

Wink Software, LLC. ("us", "we", or "our") operates the https://www.beproduct.com website (the "Service").

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Organization Accounts and Administrators

When you sign up for an account for your organization you may specify one or more administrators. The administrators will have the right to configure the Services based on your requirements and manage end users in your organization account.

Data Ownership

We respect your right to ownership of content created or stored by you. You own the content created or stored by you. Unless specifically permitted by you, your use of the Services does not grant Wink Software the license to use, reproduce, adapt, modify, publish or distribute the content created by you or stored in your user account for Wink Software's commercial, marketing or any similar purpose.

User Generated Content

You may transmit or publish content created by you using any of the Services or otherwise. However, you shall be solely responsible for such content and the consequences of its transmission or publication.

Support

We will provide the services described herein so as to maintain the Service in good working order, keeping it free from material defects and errors its specification so that the Service shall function in accordance with its specifications.

Maintenance

Upgrade and Updates will be provided when available and include bug fixes, security updates, new features, enhancements to existing features, and/or performance enhancements to existing features.

Security

We strives to protect your personal information. For security of transactions, we use the Secure Sockets Layer (SSL) protocol, which encrypts any information, you send to us electronically.

Reliability

Our infrastructure uses redundant storage and servers to keep the application and your data available in the case of hardware failure - and another set of servers and storage in a geographically separate datacenter in case our primary datacenter is made unavailable by a disaster or other disruption.

Backups

The data in your BeProduct account is replicated across multiple servers in three geographic locations to prevent a single failure from causing data loss.

Third Party Applications

If you elect to utilize any third-party application in connection with your use of the Service, by doing so you are consenting to your Content being shared with such third-party application.

Links to Other Web Sites

Our Service may contain links to third-party websites or services that are not owned or controlled by Wink Software.

Billing

We will begin billing you for subscription fees corresponding to your subscription plan, plus any applicable tax, at the end of your Free Trial, unless you cancel prior to the end of your Free Trial.

Fee Increases

We may change the fees and charges in effect or add new fees and charges from time to time.

Travel & Expenses

Wink Software is hereby authorized to incur, with prior notice to you, reasonable travel expenses when appropriate in performing your instructions.

Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WINK SOFTWARE, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES.

Indemnification

You agree to indemnify and hold harmless Wink Software, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses.

Arbitration

Any controversy or claim arising out of or relating to the Terms shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association.

Governing Law

These Terms shall be governed and construed in accordance with the laws of New Jersey, United States, without regard to its conflict of law provisions.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time.