These Terms of Service (the “Terms”) govern access to and use of the website at bearhugit.com and the Bearhug web and mobile applications (together, the “Service”), provided by Bearhug It, Inc., a Delaware corporation (“Bearhug”, “we”, “us”).
By using the Service you agree to these Terms. If you are using the Service on behalf of an organisation, you represent that you are authorised to bind that organisation, and “you” means that organisation.
If your organisation has signed a separate written agreement with us for the Service, that agreement governs and controls over these Terms wherever the two conflict.
1. Accounts and access
Access to the application is licensed to a customer organisation for a number of authorised users. Accounts are for named individuals and must not be shared. You are responsible for activity under your credentials and for keeping them secure, and you must tell us promptly at hello@bearhugit.com if you believe an account has been compromised.
Your organisation’s administrator can create, suspend, and remove user accounts, and can access business records created by its users.
2. Licence
Subject to these Terms and to payment of applicable fees, we grant you a non-exclusive, non-transferable, revocable right to use the Service for your internal business purposes during your subscription term.
3. Acceptable use
You must not:
- break the law, infringe anyone’s rights, or use the Service to store or transmit unlawful or infringing material;
- attempt to gain unauthorised access to the Service, other customers’ data, or our infrastructure;
- probe, scan, or load-test the Service without our written consent;
- reverse engineer, decompile, or attempt to derive source code, except to the extent that restriction is unenforceable by law;
- resell, sublicense, or provide the Service as a service bureau to third parties;
- scrape or bulk-extract catalog or cross-reference data other than through features we provide, or use it to build a competing product;
- upload malicious code or interfere with the integrity of the Service.
4. Your data
You keep all rights in the data you and your users put into the Service (“Customer Data”). You grant us a licence to host, process, transmit, and display Customer Data solely to provide and support the Service.
You are responsible for the accuracy and legality of Customer Data and for having the rights necessary to put it into the Service, including any personal information about your own customers and employees. Our handling of personal information is described in our Privacy Policy.
5. Catalog and cross-reference content
The Service includes product catalog data, specifications, and competitor cross-reference suggestions that we compile and maintain (“Catalog Content”). Catalog Content is licensed to you for use within the Service and remains our property or that of our sources.
Catalog Content is provided for reference. Product specifications, availability, and cross-reference equivalence change, and manufacturers revise their data without notice. A cross-reference is a suggested equivalent, not a warranty of interchangeability, compatibility, regulatory compliance, or fitness for a particular use. You are responsible for verifying suitability before you quote, sell, or substitute a product. Third-party manufacturer and brand names are the marks of their owners and are used for identification only.
6. The AI assistant
The Service includes an AI assistant. Its output is generated automatically and may be incomplete or wrong. Treat it as a starting point, not as advice, and verify anything you intend to rely on commercially. Use of the assistant is subject to the disclosure in our Privacy Policy.
7. Fees
Fees, billing frequency, and the number of authorised users are set out in your order or written agreement. Unless that document says otherwise, fees are payable in advance, are non-refundable except as required by law, and are exclusive of taxes. We may change pricing for a renewal term on at least 30 days’ written notice before the renewal date.
8. Availability and support
We aim to keep the Service available and will give reasonable notice of planned maintenance where we can. Unless your written agreement includes a service level commitment, the Service is provided without a guaranteed uptime level.
9. Third-party services
The Service integrates with third-party services, including Microsoft identity, calendar, and email. Your use of those services is governed by their terms, and we are not responsible for their availability or acts.
10. Confidentiality
Each party may receive non-public information from the other. The receiving party will protect it with at least reasonable care, use it only to perform under these Terms, and not disclose it except to personnel and advisers bound by similar obligations or as required by law.
11. Intellectual property
We and our licensors own the Service, the software, the Catalog Content, and all related intellectual property, including the Bearhug name and marks. Nothing in these Terms transfers ownership to you. Feedback you send us may be used without restriction or obligation.
12. Term, suspension, and termination
These Terms apply for as long as you use the Service. Either party may terminate a subscription as set out in the applicable order. We may suspend access immediately if your use threatens the security or integrity of the Service, or if fees are materially overdue after notice.
On termination, your right to use the Service ends. On request within 30 days of termination, we will make Customer Data available for export; after that we may delete it.
13. Disclaimer
Except as expressly stated in these Terms or a written agreement, the Service is provided “as is” and “as available”, without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted or error-free, or that Catalog Content is complete or accurate.
14. Limitation of liability
To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or goodwill, even if advised of the possibility. Our total aggregate liability arising out of or relating to the Service will not exceed the amounts you paid us for the Service in the twelve months before the event giving rise to the claim. Nothing here limits liability that cannot be limited by law.
15. Indemnity
You will defend and indemnify us against third-party claims arising from your Customer Data or your use of the Service in breach of these Terms, and pay damages and reasonable costs finally awarded or agreed in settlement.
16. Changes to these Terms
We may update these Terms. If a change is material we will give notice through the Service or by email before it takes effect. Continued use after the effective date means you accept the updated Terms.
17. Governing law and disputes
These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules. The state and federal courts located in Delaware have exclusive jurisdiction, and both parties consent to venue there.
18. General
These Terms, together with any written agreement and our Privacy Policy, are the entire agreement between us on this subject. If a provision is unenforceable, the rest stays in effect. Neither party may assign these Terms without the other’s consent, except to a successor in a merger or sale of substantially all assets. A failure to enforce a provision is not a waiver.
19. Contact
Bearhug It, Inc.
8 The Green, Suite 25629
Dover, DE 19901
United States
Legal notices:
legal@bearhugit.com
General enquiries:
hello@bearhugit.com
Phone: (302) 313-2971
Registered agent: Northwest Registered Agent, 8 The Green Suite B, Dover, DE 19901.