Terms And Conditions

Effective January 29, 2019

Terms and Conditions of Use

This document describes the terms of service that apply to Our Products, where Our Products is defined as all applications and services offered by Before Software, Inc. and all websites operated by Before Software, Inc.

Our Products are owned and operated by Before Software, Inc. a Domestic Business Corporation, registered with the State of Oregon, United States. By accessing Our Products, you are agreeing to be bound by these Terms and Conditions of Use, all applicable laws and regulations, and agree that you are solely responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing the Before Software, Inc. site and products. The materials contained in Our Products are protected by applicable copyright and trademark law.

Use License

Permission is granted to use Our Products. This is the grant of a license, not a transfer of title, and under this license you may not:

  • modify or copy the materials;
  • use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
  • attempt to decompile or reverse engineer any software contained in Our Products;
  • remove any copyright or other proprietary notations from the materials; or
  • transfer the materials to another person or "mirror" the materials on any other server or in another application.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Before Software, Inc.  at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Refund Policy

Purchases of Our Products (either through an initial payment, in-app purchases or other means) may be refundable for a short time period in accordance with the refund policy of the application store from which the purchase was made. Once this store-defined time period elapses, all purchases are 100% non-refundable.

Customers should be aware that application stores such as Google Play may do

 not offer refund windows for in-app purchases, so in those cases all in-app purchases of Our Products are final at the time of sale.

Disclaimer

Our Products are provided "as is". Before Software, Inc. makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Before Software, Inc. does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials in its applications(s) or otherwise relating to such materials or on any sites linked to this application.

Limitations

In no event shall Before Software, Inc. or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Before Software, Inc. application(s), even if Before Software, Inc. or a Before Software, Inc. authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Revisions and Errata

The materials appearing in Our Products could include technical, typographical, or photographic errors. Before Software, Inc. does not warrant that any of the materials in its products are accurate, complete, or current. Before Software, Inc. may make changes its products at any time without notice. Before Software, Inc. does not, however, make any commitment to update the materials.

Links

Before Software, Inc.has not reviewed all of the sites linked to via its mobile application(s) and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Before Software, Inc. of the site. Use of any such linked web site is at the user's own risk.

3rd Party Content

Before Software, Inc. applications may display content from 3rd party sources (including but not limited to text, images, audio and video). Before Software, Inc. is in no way responsible for the suitability, age-appropriateness or otherwise of any such content. Use of any such content is entirely at the user's own risk.

Policy Modifications

Before Software, Inc. may revise these Terms and Conditions of Use and/or its Privacy Policy at any time without notice. By using Our Products, you are agreeing to be bound by the then current version of the Terms and Conditions of Use and Privacy Policy.

Governing Law and Jurisdiction

Any claim relating to Our Products shall be governed by the laws of the State of Oregon (United States) without regard to its conflict of law provisions. Before Software, Inc. and you agree that Any disputes shall submit to the exclusive jurisdiction and venue of the Multnomah County, Oregon.

Changes to these terms of service

If we decide to change our Terms of Service, we will post those changes on this page. We encourage you to periodically review this page for the latest information on our terms and privacy practices.

Severability

The failure of Before Software, Inc. to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If for any reason a court of competent jurisdiction finds any provision or portion of this Agreement to be unenforceable, the remainder of this Agreement will continue in full force and effect.

 

Summary of changes so far:

  • January 28, 2019: First published.


xxx. First published.

Privacy Policy

This privacy statement describes how Before Labs Inc., the US company that owns and operates Our Products (as defined in Terms), collects and uses personal information. It also describes the choices available to you regarding our use of your personal information and how you can access and update this information.

Founder and Data Controller

Michael Evans, 810 SE Stark Street, Portland OR 97215.
Owner contact email: Privacy@beforelabs.com

Overview

We are in the business of selling technology products. We are absolutely not in the business of selling personal information about customers.

We believe the best way to ensure your private information is protected is to make every effort to ensure we are never in possession of your private information in the first place.

In all cases where our apps access private user data, we commit to:

  • Only accessing private user data after being granted explicit user consent.
  • Processing and using private user data exclusively within Our Products and exclusively on the user's device.
  • Never transferring private user data from the device to Before Labs Inc. or any third party, either directly or in an anonymized form.
  • Our Products have no concept of a typical email or phone number based user account or login, so we have no way of linking or associating private user data to a specific user.
  • Users are entirely free to decide whether or not to grant data access to Our Products, and can revoke this permission at any time. We commit to providing applications that function without requiring access to private user data unless it is not feasible for a product to function without such access.

Aggregated Statistics

We collect aggregated statistics about the behavior of users of Our Products. For example, we may aggregate how many users access specific areas or features within Our Products. We use this aggregated information to understand and optimize how Our Products are used, improve our marketing efforts, and provide content and features that are of interest to customers. We may display this information publicly or provide it to others. We never disclose personally identifying information other than as described in this document.

Third party services

Our applications make use of third party services for purposes such as advertising, application stability tracking, general application usage tracking and feature testing. Such services may transfer user data such as unique device identifiers, unique device identifiers for advertising (Google Advertiser ID or IDFA, for example), device system logs and IP Addresses.

We strive to only use third party services offered by companies we consider highly reputable and trusted data custodians. If you have concerns about these third party services, and personal data they may have on record about you that was provided by our apps, please contact us via the contact details provided in this document.

Third party links

At our discretion, we may include or offer third party applications, products or services in Our Products. These third party applications, products or services have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of Our Products and welcome any feedback about these third party links.

The Rights of Users

Users may exercise certain rights regarding their data processed by Before Labs Inc.

In particular, users have the right to do the following:

  • Withdraw their consent at any time. Users have the right to withdraw consent where they have previously given their consent to the processing of their personal data.
  • Object to processing of their data. Users have the right to object to the processing of their data if the processing is carried out on a legal basis other than consent. Further details are provided in the dedicated section below.
  • Access their data. Users have the right to learn if data is being processed by us, obtain disclosure regarding certain aspects of the processing and obtain a copy of the data undergoing processing.
  • Verify and seek rectification. Users have the right to verify the accuracy of their data and ask for it to be updated or corrected.
  • Restrict the processing of their data. Users have the right, under certain circumstances, to restrict the processing of their data. In this case, we will not process their data for any purpose other than storing it.
  • Have their personal data deleted or otherwise removed. Users have the right, under certain circumstances, to obtain the erasure of their data.
  • Receive their data and have it transferred to another controller. Users have the right to receive their data in a structured, commonly used and machine-readable format and, if technically feasible, to have it transmitted to another controller without any hindrance. This provision is applicable provided that the data is processed by automated means and that the processing is based on the User's consent, on a contract which the User is part of or on pre-contractual obligations thereof.
  • Lodge a complaint. Users have the right to bring a claim before their competent data protection authority.

Any requests to exercise user rights can be directed to us through the contact details provided in this document.

Security

The security of your personal information is important to us. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee its absolute security.

Sharing Your Information

We will share your information with third parties only in the ways that are described in this Privacy statement.

We may disclose your personal information:

  • As required by law, such as to comply with a subpoena, or similar legal process.
  • When we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request.
  • If we are involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our Web site of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information.
  • To any other third party with your prior consent to do so.

Compliance

We comply with the following privacy related acts:

  • California Online Privacy Protection Act.
  • Children’s Online Privacy Protection Act.
  • General Data Protection Regulation (GDPR).

Information for European Union Customers

By using Our Products and providing your information, you authorize us to collect, use, and store your information outside of the European Union.

International Transfers of Information

Information may be processed, stored, and used outside of the country in which you are located. Data privacy laws vary across jurisdictions, and different laws may be applicable to your data depending on where it is processed, stored, or used.

Terms and Conditions

Please also visit our Terms and Conditions section establishing the use, disclaimers, and limitations of liability governing Our Products at www.beforelabs.com/terms.html

Contact

You can contact us about this Privacy Policy, GDPR and all privacy matters by emailing Privacy@beforesoftware.com these requests can be exercised free of charge and will be addressed as early as possible and always within one month.

Changes to this policy

If we decide to change our Privacy Policy, we will post those changes on this page. We encourage you to periodically review this page for the latest information on our privacy practices.

Summary of changes so far:

- Jan 19, 2019. First published.

- March 6, 2019. Changed name from Before Software Inc. to Before Labs Inc.

- April 10, 2019. Added to list of user data requiring explicit consent: configuration of Our Products and app opens