THIS IS AN AGREEMENT BETWEEN YOU OR THE ENTITY THAT YOU REPRESENT (HEREINAFTER “YOU” or “YOUR”) AND BEVYWISE NETWORKS (HEREINAFTER “BEVYWISE”) GOVERNING YOUR USE OF CRYSTALMQ for online MQTT data transmission (HEREINAFTER “CRYSTALMQ”).
This Agreement consists solely of the terms and conditions outlined herein (hereinafter the “Service Specific Terms”) specific to the use of Crystal MQ service. These Service Specific Terms are exclusive to this service and take precedence over any other terms or conditions.
You must be of legal age to enter into a binding agreement to accept the Agreement. If you do not agree to these Service Specific Terms, do not use our Crystal MQ service. You can accept the Agreement by checking a checkbox or clicking on a button indicating your acceptance of the Agreement or by actually using the Crystal MQ service.
We provide cloud MQTT service for businesses and industries. You may use the Service for your personal and business use or for internal business purposes in the organization that you represent. You may connect to the Service using any Internet browser supported by the Service. You are responsible for obtaining access to the Internet and the equipment necessary to use the Service. You can register and connect your devices to the instance provided to you.
We may offer certain Services as closed or open beta services ("Beta Service" or “Beta Services") for testing and evaluation. You agree that we have the sole authority and discretion to determine the period of time for testing and evaluation of Beta Services. We will be the sole judge of the success of such testing and the decision, if any, to offer the Beta Services as commercial services.
You will be under no obligation to acquire a subscription to use any paid Service as a result of your subscription to any Beta Service. We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Services with or without notice to you. You agree that Bevywise will not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension, or discontinuance of any of the Beta Services for any reason.
If you register for a free trial of the Crystal MQ service, Bevywise Networks will make the service available to you on a trial basis free of charge until the earlier of (i) the end of the free trial period (unless terminated earlier by you), (ii) the start date of the paid subscription period for the service, or (iii) termination by Bevywise Networks at its sole discretion. Any data that you enter into the service, and any customizations made during the free trial, will be permanently lost unless you (i) purchase the corresponding paid subscription plan, (ii) purchase applicable service upgrades. Notwithstanding anything contained in this section, the service is offered as-is during the free trial, without any warranty, covenant, support, or liability whatsoever, to the extent permitted by law.
If you subscribe to the FREE plan of Crystal MQ, Bevywise Networks will provide the Service to you at no cost. You may use the Services solely for your personal or internal business purposes. The FREE plan is provided on an "as-is" basis, without any warranty, covenant, support, or liability whatsoever, to the fullest extent permitted by applicable law. There is no data retention for the free account, and the data will be deleted periodically from the database. Bevywise reserves the right to modify, suspend, or terminate the FREE plan or any part thereof at any time, with or without prior notice.
To access or use the Crystal MQ service, you need to sign up for a user account by providing all required information. If you represent an organization and intend to use the service for corporate internal purposes, we recommend that you and all other users from your organization sign up using your corporate contact information, particularly your corporate email address. By signing up, you agree to: (i) provide true, accurate, current, and complete information about yourself as prompted by the sign-up process; and (ii) maintain and promptly update the information provided during sign-up to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if Bevywise Networks has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, Bevywise Networks may terminate your user account and refuse current or future use of the service.
In addition to all other terms and conditions of this Agreement, you shall not:
Our Services are offered through subscription plans of various durations. Payments for subscription plans are accepted via credit card for direct registration of the account or via invoice if we onboard it for you. Your subscription will automatically renew at the end of each period unless you downgrade to a free plan or notify us of your intention not to renew. Upon renewal, the subscription fee will be charged to the last Credit Card used by you. You have the option to update your payment details for the renewal if needed. If you choose not to renew (paid via invoice), please inform us at least seven days before the renewal date. If you do not downgrade to a free plan and do not notify us of your decision not to renew, we will assume you authorize Bevywise to charge the subscription fee to your last-used Credit Card or raise invoice.
Periodically, we may adjust the price of any Service or begin charging for Service that are currently free. Any price changes will take effect after your current billing cycle ends. You will not incur charges for any Service unless you have opted for a paid subscription plan.
If Bevywise is required by local, state, provincial, or foreign laws to collect any Taxes (such as GST, VAT, sales tax, etc.) on your subscription to our Service, we will invoice you for these Taxes. You agree to pay these Taxes in addition to the subscription fees. Bevywise will provide you with an invoice in the format required by applicable laws, enabling you to claim any applicable input tax credit for these Taxes.
Personal information provided to Bevywise through the Crystal MQ Service is governed by Crystal MQ's Privacy Policy. By using the Service, you agree to the terms of the Crystal MQ Privacy Policy. It is your responsibility to maintain the confidentiality of your username, password, and any other sensitive information. You are liable for all activities conducted under your user account and agree to promptly report any unauthorized use of your account via email to support@crystalmq.com or by calling any of the numbers listed on www.bevywise.com/contact-us.html. Bevywise is not liable for any loss or damage resulting from unauthorized access or use of your user account or any other related issues.
We reserve the right to deactivate unpaid accounts that remain inactive for a continuous period of 7 days. Upon such deactivation, all data associated with the user account will be permanently deleted. Prior notice will be given before such deactivation, along with an option to back up your data. This data deletion policy will apply only to premium users.
We respect your ownership rights over the data you send over the service. You retain ownership of all data sent by you. Unless explicitly permitted by you, using our Service does not grant Bevywise a license to use, reproduce, adapt, modify, publish, or distribute your data for commercial, marketing, or similar purposes. However, you grant Bevywise permission to store, display and back up in your user account solely to provide the Services to you.
The location of the cloud facility serving will be in the US region by default. If there are updates to this mapping, we may need to migrate your account to a different cloud facility or request you to do so.
We can also host it at the preferred location by the customer on a special case.
Bevywise may provide sample clients (Any client file) and Documents to demonstrate effective use of the Service for specific purposes. The information in such samples consists of random data. Bevywise makes no express or implied warranties regarding the accuracy, usefulness, completeness, or reliability of this information or the sample clients and documents.
'Bevywise', Bevywise logo, and the names and logos of Crystal MQ Services are trademarks of Bevywise. You agree not to display or use Bevywise trademarks in any manner without prior permission from Bevywise.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE CRYSTALMQ SERVICE IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON A "AS-IS" AND "AS-AVAILABLE" BASIS. BEVYWISE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT SHALL BEVYWISE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF BEVYWISE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify and hold harmless Bevywise, its officers, directors, employees, suppliers, and affiliates from any claims, losses, damages, fines, and expenses (including attorney's fees and costs) arising out of or relating to your use of the Services, violation of this Agreement, or violation of any rights of another party.
The governing law and jurisdiction that will apply in case of any dispute or lawsuit arising out of or in connection with this Agreement will depend on your billing address if you are a paid customer and your state or country of domicile in all other cases. Accordingly, each party agrees to the governing law (without regard to choice or conflicts of law rules) and to the exclusive jurisdiction of the courts mentioned in case of any dispute or lawsuit arising out of or in connection with this Agreement.
Bevywise may suspend or temporarily disable access to the Crystal MQ Service in the event of suspected illegal activity, extended inactivity, or requests by law enforcement or other government agencies. Any objections to such actions must be sent to support@bevywise.com within thirty days of notification. Bevywise may terminate a suspended or disabled user account after thirty days. You may also request termination of your user account.
Bevywise reserves the right to terminate your user account and deny Services if there is reasonable belief that you have violated this Agreement. Bevywise may also terminate access to any Beta Service due to technical issues or discontinuation.
Bevywise may modify this Agreement upon notice to you through a service announcement or email to your primary address. Significant changes affecting your rights will be notified at least 30 days in advance. If you object to the modified Agreement, you may terminate the Services by emailing notice within 30 days of notification. Your continued use of the Services after the effective date of any change will constitute acceptance of the modified Agreement.
For any questions or concerns regarding this Agreement, please contact us at support@bevywise.com.