Beloyal Terms and Conditions

Effective Date: May 20, 2025

Last Updated: May 20, 2025

Welcome to Beloyal! These Terms and Conditions ("Terms") govern your access to and use of the Beloyal website, platform, and services (collectively, the "Service") provided by S.C. Beloyal Tech S.R.L. ("Beloyal", "we", "us", or "our").

By creating an account, accessing, or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, do not use the Service. If you are using the Service on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these terms.

1. Definitions

"Service" refers to the Beloyal platform and all related services provided by S.C. Beloyal Tech S.R.L.

"User", "You", "Your" refers to the individual or entity that creates an account and uses the Service.

"User Content" means all data, information, and materials provided or submitted by You to the Service, including data synced from Your e-commerce store and inputs for AI generation.

"AI-Generated Content" means content (such as product descriptions, articles, social media posts, email drafts) created by the AI features of the Service based on User Content or other inputs.

2. User Accounts

Account Creation

To use most features of the Service, You must register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. We reserve the right to suspend or terminate Your account if any information provided is found to be inaccurate, not current, or incomplete.

Account Security

You are responsible for safeguarding Your account password and for any activities or actions under Your account. You agree to notify us immediately of any unauthorized use of Your account.

Eligibility

You must be at least 18 years old and capable of forming a binding contract to use the Service. The Service is intended for business use, and by using it, you represent that you are acting in a professional or commercial capacity.

3. Use of the Service

License Grant

Subject to Your compliance with these Terms, Beloyal grants You a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for Your internal business purposes during the term of Your subscription.

Acceptable Use and Restrictions

You agree not to, and not to permit others to:

  • Use the Service for any illegal or unauthorized purpose.
  • Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Service.
  • Modify, adapt, or create derivative works based on the Service.
  • Resell, lease, or sublicense the Service.
  • Use the Service to generate content that is infringing, defamatory, hateful, or otherwise unlawful or objectionable.
  • Interfere with or disrupt the integrity or performance of the Service.
  • Upload or transmit viruses or any other type of malicious code.

4. Content

User Content

You retain all ownership rights in Your User Content. However, by submitting User Content to the Service, You grant Beloyal a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Service and Beloyal's (and its successors' and affiliates') business, including for promoting and redistributing part or all of the Service.

You are solely responsible for Your User Content and the consequences of posting, publishing, or sharing it. You represent and warrant that You have all necessary rights, licenses, consents, and permissions to grant the above license to us and to submit the User Content.

AI-Generated Content

Subject to your compliance with these Terms, You own the AI-Generated Content created for You by the Service. You are solely responsible for reviewing and ensuring the accuracy, legality, and appropriateness of all AI-Generated Content before its use or publication. Beloyal provides AI-Generated Content "as is" and makes no warranties regarding its accuracy, completeness, or fitness for a particular purpose.

You acknowledge that AI-generated content can sometimes be inaccurate or produce unintended results. Beloyal is not liable for any damages or losses arising from Your use or reliance on AI-Generated Content.

As stated in our Privacy Policy, inputs provided by You and AI-Generated Content may be used by Beloyal to improve its proprietary AI models and the overall Service.

5. Fees, Payments, and Subscriptions

Subscription Plans and Fees

The Service is offered under various subscription plans as detailed on our website's pricing page. Fees are billed in advance on a recurring basis (e.g., monthly or annually) as specified in Your chosen plan. All fees are non-refundable except as expressly stated in these Terms or required by applicable law.

Payment Processing

We use a third-party payment processor (Stripe) to bill You. The processing of payments will be subject to the terms, conditions, and privacy policies of the payment processor in addition to these Terms. We do not store your full payment card details.

Changes to Fees

Beloyal reserves the right to change its subscription fees. We will provide You with reasonable prior notice of any fee changes. Continued use of the Service after a fee change constitutes Your agreement to pay the modified fee amount.

Refund Policy

Unless otherwise specified or required by applicable law, all subscription fees are non-refundable. Please review our specific refund conditions if any, available on our website or contact support for more information.

Taxes

All fees are exclusive of applicable taxes (e.g., VAT), which You are responsible for paying. We will charge taxes where required to do so by law.

6. Intellectual Property

Beloyal's Intellectual Property

The Service and its original content (excluding User Content and AI-Generated Content owned by You), features, and functionality are and will remain the exclusive property of S.C. Beloyal Tech S.R.L. and its licensors. The Service is protected by copyright, trademark, and other laws of both Romania and foreign countries.

User Feedback

If You provide us with any feedback, suggestions, or ideas regarding the Service ("Feedback"), You grant Beloyal a perpetual, irrevocable, worldwide, royalty-free, fully paid-up license to use, modify, incorporate into the Service, and otherwise exploit such Feedback without any obligation or compensation to You.

7. Data Processing Addendum (DPA)

This section serves as our Data Processing Addendum ("DPA") and forms an integral part of these Terms. It applies when Beloyal processes Personal Data of Your end customers on Your behalf as a Data Processor, where You are the Data Controller, in accordance with the GDPR.

Roles and Responsibilities

You (the User) are the Data Controller for the Personal Data of Your end customers that You provide to the Service or that the Service collects on Your behalf (e.g., through e-commerce store integration). Beloyal is the Data Processor for such data.

Beloyal's Obligations as Data Processor:

  • Process Personal Data only on Your documented instructions, including with regard to transfers of personal data to a third country or an international organization, unless required to do so by Union or Member State law to which Beloyal is subject.
  • Ensure that persons authorized to process the Personal Data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.
  • Implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk, as detailed in our Privacy Policy and security documentation.
  • Respect the conditions for engaging another processor (sub-processor). We will inform You of any intended changes concerning the addition or replacement of other sub-processors, thereby giving You the opportunity to object to such changes. A list of current sub-processors is available upon request or in our Privacy Policy.
  • Taking into account the nature of the processing, assist You by appropriate technical and organizational measures, insofar as this is possible, for the fulfilment of Your obligation to respond to requests for exercising the data subject's rights.
  • Assist You in ensuring compliance with Your obligations pursuant to Articles 32 to 36 of the GDPR (Security, Breach Notifications, DPIAs), taking into account the nature of processing and the information available to Beloyal.
  • At Your choice, delete or return all the Personal Data to You after the end of the provision of services relating to processing, and delete existing copies unless Union or Member State law requires storage of the Personal Data. Details on data retention are in our Privacy Policy.
  • Make available to You all information necessary to demonstrate compliance with the obligations laid down in Article 28 of the GDPR and allow for and contribute to audits, including inspections, conducted by You or another auditor mandated by You (subject to reasonable notice and confidentiality obligations).

User's Obligations as Data Controller:

  • Ensure that You have a lawful basis for the collection, processing, and transfer of Personal Data of Your end customers to Beloyal.
  • Be solely responsible for the accuracy, quality, and legality of Personal Data and the means by which You acquired it.
  • Provide clear and lawful instructions to Beloyal for the processing of Personal Data.
  • Comply with all applicable data protection laws and regulations in Your use of the Service and Your processing of Personal Data.

Further details regarding data processing are outlined in our Privacy Policy.

8. Disclaimers and Limitation of Liability

Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. BELOYAL MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BELOYAL, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BELOYAL'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU TO BELOYAL FOR THE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

9. Indemnification

You agree to defend, indemnify, and hold harmless Beloyal, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) Your use of and access to the Service; (ii) Your violation of any term of these Terms; (iii) Your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that Your User Content caused damage to a third party.

10. Term and Termination

These Terms shall remain in full force and effect while You use the Service. We may suspend or terminate Your access to the Service at any time, for any reason, including for any breach of these Terms, with or without notice.

You may terminate Your account and these Terms at any time by ceasing to use the Service and requesting account deletion, if applicable. Upon termination, Your right to use the Service will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

11. Changes to Terms

Beloyal reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect (e.g., via email or a notice on the Service). What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, You are no longer authorized to use the Service.

12. Governing Law and Dispute Resolution

These Terms shall be governed and construed in accordance with the laws of Romania, without regard to its conflict of law provisions.

Any disputes arising out of or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the competent courts located in Prahova, Romania, or Bucharest, Romania, as applicable.

13. Miscellaneous

Force Majeure: Beloyal shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Beloyal's reasonable control.

Assignment: You may not assign these Terms without our prior written consent. Beloyal may assign these Terms, in whole or in part, at any time without notice to You.

Entire Agreement: These Terms, together with our Privacy Policy and any other legal notices or agreements published by Beloyal on the Service (including the DPA as part of these Terms), shall constitute the entire agreement between You and Beloyal concerning the Service.

Severability: If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

No Waiver: No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Beloyal's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

14. Contact Information

If You have any questions about these Terms, please contact us at:
S.C. Beloyal Tech S.R.L.
Email: [email protected]