Welcome to BEM ToolBox! These Terms of Service (“Terms”) apply to your use of our services. By accessing or using our services, you agree that the Terms will become a legally binding agreement between you and Zero Envy, the owner of BEM ToolBox.
A few definitions first. When we say “Zero Envy,” “we,” “us,” and “our” in these terms, we mean Zero Envy, its subsidiaries, and its related companies. When we say the “Service,” “service” or “services” in these terms, we mean Zero Envy’s services, apps, websites and other products, including BEM ToolBox. When we say “you” or “your”, we mean you. If you’re accessing our services on behalf of a legal entity (like your employer), you agree that you have the authority to bind that entity to these terms, and “you” or “your” will refer to that entity.
BEM ToolBox is a platform that allows you to upload your content (“User Content”) and generate interactive dashboards to view or share with others through the creation of a public link, or download files for offline usage.
Subject to these terms, you retain ultimate administrative control over your account and the content within it.
Your use of the Service must not violate any applicable laws, including copyright or trademark laws, export control or sanctions laws, or other laws in your jurisdiction. You are responsible for making sure that your use of the Service is in compliance with laws and any applicable regulations.
You agree that you will not under any circumstances upload, post, host, or transmit any content that:
You shall not yourself or through any third party (i) rent, lease, sell, distribute, offer in a service bureau, sublicense, or otherwise make available the Service to any third party (except as permitted under these Terms); (ii) copy, replicate, decompile, reverse-engineer, attempt to derive the source code of, modify, or create derivative works of the Service, or any part thereof; (iii) access the Service for purposes of performance benchmarking; (iv) access the Service for purposes of building or marketing a competitive product; (v) use the Service to store or transmit a virus or malicious code; (vi) use a virtual private network (VPN) to circumvent geographic-based pricing or content access; (vii) use the Service to transmit unsolicited emails or engage in spamming; (viii) use any form of data mining, extraction, or scraping on the Service and/or the contents available therein for any purpose (including but not limited to AI, machine learning, and data science purposes); or (ix) bypass the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service.
You may create or upload User Content while using the Service. You are solely responsible for the content of, and for any harm resulting from, any User Content that you post, upload, link to or otherwise make available via the Service, regardless of the form of that Content. We are not responsible for any public display or misuse of your User Content. We have the right to block, remove and/or permanently delete any User Content that, in our sole discretion, violates any laws, is in breach of these terms or our other policies.
You represent and warrant that you own all rights, title, and interest in and to your User Content or that you have otherwise secured all necessary rights in your User Content as may be necessary to permit the access, use and distribution thereof as contemplated by these Terms. You grant us a royalty-free and sublicensable license to display, host, copy, store, modify and use your User Content solely to the extent necessary to provide the Service to you. To the extent you share your User Content with others, you grant Zero Envy a perpetual, royalty-free, sublicensable, license to display, host, copy, store, modify and use your User Content to the extent necessary to continue to make that content available.
You may publish or share User Content with others within the Service, via a Third Party Service, or via a link. Zero Envy maintains no responsibility in relation to such sharing of User Content and our enablement of such activity or the Service’s performance of actions to publicly share User Content at your instruction shall not be considered a violation of any of our obligations under these Terms.
We’ve put a lot of time and effort into creating the Service, including the logo and all designs, text, graphics, pictures, information and other content (excluding your content). You may use our software as outlined in the Terms, we reserve all other rights. We retain ownership of all intellectual property rights of any kind related to the Service. The look and feel of the Service is copyright © Zero Envy All rights reserved. You may not duplicate, copy or reuse any portion of the HTML/CSS, JavaScript, or visual design elements or concepts without express written permission from Zero Envy.
Please see our Privacy Policy for more details.
By providing your company or organization name or using an email address from your company domain during account creation, you grant us permission to use your company's or organization's name to identify you as a BEM ToolBox customer in our promotional materials. You may revoke this permission by emailing us at support@BEMToolBox.com requesting we stop using your organization's name in our promotional materials. However, Zero Envy will have no obligation to remove or recall any prior use or distribution of the promotional materials.
Zero Envy provides the Service “as is” and “as available”, without warranty of any kind. To the fullest extent permitted by law, Zero Envy, its affiliates, and their respective suppliers make no warranties, either express or implied, about the services. The services are provided “as is.” We also disclaim any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, and non-infringement, and any warranties arising out of course of dealing or usage of trade. The laws of certain jurisdictions or states do not allow limitations on implied warranties. To the extent such warranties cannot be disclaimed under the laws of your jurisdiction, we limit the duration and remedies of such warranties to the full extent permissible under those laws.
You understand and agree that we will not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from:
Our liability is limited whether or not we have been informed of the possibility of such damages, and even if a remedy set forth in these Terms is found to have failed of its essential purpose. We will have no liability for any failure or delay due to matters beyond our reasonable control.
You agree to indemnify us, defend us, and hold us harmless from and against any and all claims, liabilities, and expenses, including attorneys’ fees, arising out of your use of the Service, including but not limited to your violation of the Terms, provided that Zero Envy (1) promptly gives you written notice of the claim, demand, suit or proceeding; (2) gives you sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that you may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases Zero Envy of all liability); and (3) provides to you all reasonable assistance, at your expense.
You can cancel your account at any time for any reason by emailing us at support@BEMToolBox.com. Upon cancellation, barring legal requirements, we will delete your account and User Content within 90 days of cancellation or termination (though some information may remain in encrypted backups). This information cannot be recovered once your account is canceled. Zero Envy has the right to suspend or terminate your access to any and all parts of the Service at any time at our discretion for any reason, with or without notice, effective immediately. Zero Envy reserves the right to refuse service to anyone for any reason at any time. All provisions of this Agreement which, by their nature, should survive termination will survive termination — including, without limitation: ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
We reserve the right to modify these Terms (and any policies or agreements referenced herein) at any time. We will post the most current version of these Terms on BEMToolBox.com. We will provide you with reasonable advance notice of any change to the Terms that, in our sole determination, materially adversely affect your rights or your use of the Service via by posting a notice on our website or sending an email to the primary email address associated with your account. By continuing to use the Service after any revised Terms come into effect, you agree to be bound by the new Terms.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part of it) with or without notice.
The validity of these Terms and the rights, obligations, and relations of the parties under these Terms will be construed and determined under and in accordance with the laws of the State of California, USA, without regard to any conflict of laws provisions.
These Terms and the terms and policies referenced herein constitute the entire agreement between you and Zero Envy regarding the use of the Service, superseding any prior representations, agreements or understandings between you and Zero Envy, whether written or oral, relating to your use of the Service, including previous versions of the Terms. The English version of these Terms will control.
If you have any questions about the Terms of Service, please contact us at support@BEMToolBox.com.
Account information - when you create a BEM ToolBox account, you provide personal information that is collected and stored by us. This includes email, company name, country, state/province/region, timezone and password.
Content you create - when you use a tool or create a dashboard, you upload data which is stored and saved so that you can view your results again at a later date. When you delete your tool executions or dashboards, all associated data is also deleted.
Usage information - if you allow statistical cookies, we collect log and event information about your usage of our website.
To provide you with services - the information we collect is used to provide you with BEM ToolBox services. We use the information you provide to create and manage your account. We collect and store content you upload so that we can generate dashboards and results for your use.
To improve our services - we use the data we collect to measure and understand how users interact with our website, and develop features that make BEM ToolBox a better tool for you.
To contact you - we use your information to contact you regarding your account, such as to verify it or secure it. We may also use your email address to contact you regarding important updates to our services.
To provide customer service - we use your information to reply to your inquiries regarding BEM ToolBox services, and to investigate bugs or issues.
We do not disclose your information with third parties for commercial purposes. We do not host advertising on BEM Toolbox. We do not disclose personal information outside of BEM ToolBox/Zero Envy, except when compelled to do so by law. We do share data with our cloud services provider, AWS. You can find more information on their data privacy policy on their website. We may share anonymous or aggregated data, like tool usage statistics. We may disclose information in response to a request for information if we believe the disclosure is required by law.
We retain data until it is no longer deemed necessary for the purposes for which it was collected or for legal compliance. Account information is not deleted until the user’s account is deleted. Similarly, uploaded content is not deleted until it is deleted by the user. If you choose to unsubscribe from receiving marketing emails from us, your email address will be held on our list in order to prevent us from contacting you again via email.
We take the security of your data seriously and implement industry-standard measures to protect it. All information sent to and from BEM ToolBox is encrypted in transit using Transport Layer Security (“TLS”). We enforce strict technical and administrative access controls to ensure that only authorized personnel have access to personal data.
Depending on where you live, you may have some or all of the following rights when it comes to the data we hold about you:
If you would like to exercise these rights, please submit a request to support@BEMToolBox.com. To verify your identity, we may request additional information before processing your request.
We are based in the United States and we process and store information on servers located in the United States.
This privacy policy may be updated from time to time. If changes are significant, we will provide prominent notice as required by law, such as by emailing you or highlighting changes.
We use cookies to better understand how visitors use BEM ToolBox, and how we can improve our website. Because we respect your right to privacy, you can choose to not allow some types of cookies. You can change your selection at any time.