THESE GENERAL TERMS AND CONDITIONS ARE THE CONTRACT BETWEEN YOU AND ESN SOCIAL SOFTWARE AB FOR YOUR USE OF THE BEACONPUSH SERVICES. PLEASE READ THEM CAREFULLY BEFORE SIGNING UP FOR OR USING THE BEACONPUSH SERVICE.

By using the service provided on the beaconpush.com websites ("Service"), a service of ESN Social Software ("ESN"), you are agreeing to be bound by the following terms and conditions ("Terms of Service").

Use of Your Beaconpush Account

1. You must use a valid email address for your Service account.
2. You must not use the Service for any illegal or abusive purposes.
3. Only one free account per person or legal entity is allowed.
4. You are solely responsible for the security of your account and keeping your password safe.
5. The Service is free of charge in the Development plan. The Development plan has a minimum limit of 1 million free messages to ensure that each user has a thorough test environment to evaluate the Service prior to entering the Production plan.
6. The Service is a pay-service for the Production plan. When you enter the Production plan you also agree to the additional terms for payment, billing and refund of the Production plan.

API Usage

1. The Beaconpush API is provided "as is" and "as available".
2. The API is subject to change and may be modified from time to time.

Use of Customer's Name and Company Name

1. ESN reserves the right to use your name and/or company name as a reference for marketing or promotional purposes on the beaconpush.com website and other communication with existing or potential Beaconpush customers. To decline ESN this right you need to email support@beaconpush.com stating that you do not wish to be used as a reference.
2. Users or legal entities that use the service free of charge must publish the beaconpush logo visible on the startpage of their website and in any other application using the Service.

Changes to Terms of Service

1. These Terms of Service may be updated from time to time without prior notice. The current Terms of Service are always available at http://beaconpush.com/terms-of-service/.

Disclaimer

1. The Service is provided "as is" and "as available".
2. ESN reserves the right to modify the Service from time to time at any time, including adding and removing features and package types.
3. ESN reserves the right to change the prices for the Production plan and any connected extra services by giving a 60 day notice.
4. ESN gives no warranties regarding the correctness of the data collected with the Service or any potential corruption or loss of such data.

Limitation of Liability

1. You expressly understand and agree that ESN shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if ESN has been advised of the possibility of such damages), resulting from: 1. the use or the inability to use the Service; 2. the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; 3. unauthorized access to or alteration of your transmissions or data; 4. statements or conduct of any third party on the Service; or 5. any other matter relating to the Service.
2. Any decisions or claims you make based on data from the Service are your sole responsibility. ESN shall not be held liable for any such decisions or claims.
3. In no event shall ESN total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for accessing this site.

Indemnification

1. You agree to indemnify, defend and hold harmless ESN and its officers, directors, employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorney fees) arising from your use of the Service, your violation of the terms of use or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity.
2. You agree to immediately notify ESN of any unauthorized use of your account or any other breach of security known to you.

Other

1. If any part of this Terms of Service would be determined by any competent authority to be invalid, unlawful or unenforceable, the remainder of the Terms of Service shall continue to be valid and enforceable to the fullest extent permitted by law.

Dispute

1. This contract shall be governed by the substantive law of Sweden.
2. Any dispute, controversy or claim arising out of or in connection with this contract, or the breach, termination or invalidity thereof, shall be solved by the District Court of Stockholm in Sweden.