Terms of use

Updated as of 8th October 2015

Service

Service.

Terms of use apply to all users of our BIME service, a product owned by WE ARE CLOUD SAS.

BIME is a business intelligence service, dedicated to a professional use only.

Account terms:

In order to access some features of our BIME service, you will have to create you an account.

You must be 13 years or older to use this Service. You must be a human. Accounts registered by “bots” or other automated methods are not permitted: you agree not to use or launch any automated system that accesses the BIME service in a manner that sends more request messages to the BIME service servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process. Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for each person. You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account). WE ARE CLOUD cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You may never use another's account without permission. If you are using a free account you are not permitted to block ads. One person or legal entity may not maintain more than one free account.

You must notify WE ARE CLOUD team immediately of any breach of security or unauthorized use of your account at [email protected]

Although WE ARE CLOUD will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of BIME service or others due to such unauthorized use.

API Terms

Customers may access their BIME service account data via an API (Application Program Interface). Any use of the API, including use of the API through a third-party product that accesses BIME service, is bound by the terms of this agreement plus the following specific terms:

You expressly understand and agree that WE ARE CLOUD 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 WE ARE CLOUD has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API.

Abuse or excessively frequent requests to BIME service via the API may result in the temporary or permanent suspension of your account's access to the API. WE ARE CLOUD, in its sole discretion, will determine abuse or excessive usage of the API.

WE ARE CLOUD reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.

Payment, Upgrading and Downgrading Terms

A valid credit card is required for paying accounts. You will have to submit all information needed through our certified Bank portal Braintree/Ogone. See Braintree/Ogone terms of use and Privacy. There is no account activation fee.

If you want to go on using BIME, through one of the paying plans, you will be billed monthly starting 14 days after your account was initially created for the trial period, and then every 30 days. The functionalities of the service available during this free trial are those of the “Big Data” plan which is the best plan in terms of functionality.

If you want to use the service after the trial period of 14 days, you must subscribe through your account to the paying version at the rates and conditions applied. After the trial period you can choose to continue with the “Big Data” paying plan or downgrade to a smaller paying plan called "Base Plan". In the case of a subscription to "Base Plan" or "Big Data", the Customer will receive the functionalities specified here: http://www.bimeanalytics.com/pricing.html

The Customer will no longer enjoy the free trial after the 14 day period.

Use of paying plans is billed, on a monthly basis, for 30 days length.

The first invoice is sent few days after you’ve been charged.

For any upgrade or downgrade in plan level, your credit card that you provided through Braintree or Ogone will automatically be charged the new rate on your next billing cycle.

Downgrading your plan will reduce the type of the connections and the number of users allowed to run BIME under your firm account.

Prices displayed on our website ( http://www.bimeanalytics.com/pricing.html) are exclusive of all taxes. Taxes will be charged as regards your location, for each payment and will appear on each bill.

Clients living outside European Union won’t be charged additional taxes.

Clients living inside European Union but outside France will be charged French taxes (+20%) UNLESS they give us their intra-communitarian VAT number.

REFUND POLICY:

The subscription will be renewed automatically each month in advance of the anniversary date, unless the client has stipulated the termination of his subscription. All monthly subscriptions are due and are non-reimbursable. In the case where a service or a subscription is unduly debited, the reimbursement of the corresponding amount will take place within 5 days from the issuing of a credit note.

Termination

You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the “cancel” button in your account dashboard.

All of your Content (framework of your queries, dashboards and models) can be immediately deleted from the BIME Service upon cancellation if you asked for it ([email protected]). This information cannot be recovered once your account is cancelled.

If you cancel the BIME Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.

WE ARE CLOUD, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the BIME Service, or any other WE ARE CLOUD service, for any reason at any time. Such termination of the BIME Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your Account. WE ARE CLOUD reserves the right to refuse BIME service to anyone for any reason at any time.

Verbal, physical, written or other abuse (including threats of abuse or retribution) of any WE ARE CLOUD customer, employee, member, or officer will result in immediate account termination.

Modifications to the Service and Prices

WE ARE CLOUD reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the BIME Service (or any part thereof) with or without notice.

Prices of all Services, including but not limited to monthly subscription plan fees to the BIME Service, are subject to change. Such notice may be provided at any time by posting the changes to the BIME service Site or BIME itself.

WE ARE CLOUD shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the BIME Service.

Content ownership

We claim no intellectual property rights over the material you provide to the BIME Service. Your profile and materials uploaded remain yours. However, by sharing your login and password publicly, you agree to allow others to view and share your Content.

WE ARE CLOUD does not pre-screen Content, but WE ARE CLOUD and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the BIME Service.

You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from WE ARE CLOUD.

Logo

By becoming a paying customer of the BIME service, you grant us permission to use your company name and logo in connection with the marketing and promotion of BIME.

Technical Specifications:

To use BIME at its full potential, see technical specifications here: http://www.bimeanalytics.com/downloads.html

If the customer wants specific developments (for example: trainings, particular connections, …), he will have to contact WE ARE CLOUD at [email protected] to brainstorm about a customized solution, free or paying. WE ARE CLOUD can decline the request in its sole discretion.

Formats compatibility: WE ARE CLOUD can’t guarantee BIME’s compatibility with all datasources formats (web or on-premise). The list of current datasources we support is available here: /product.html

General Conditions

Your use of the BIME Service is at your sole risk. The BIME service is provided on an “as is” and “as available” basis.

Technical support is provided IN PRIORITY to paying account holders over free account holders. Technical support is only available via email at http://bimeanalytics.com/support

You understand that WE ARE CLOUD uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.

You must not modify, adapt or hack the BIME Service or modify another website so as to falsely imply that it is associated with the BIME, WE ARE CLOUD, or any other WE ARE CLOUD service.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the BIME Service, use of the BIME Service, or access to the BIME Service without the express written permission by WE ARE CLOUD.

We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use. You may not use the BIME Service for any illegal or unauthorized purpose. You must not, in the use of the BIME Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You also agree not to submit any Software to BIME through the Service.

You understand that the technical processing and transmission of the BIME Service, including your Content, may be transferred unencrypted and involve transmissions over various networks; and changes to conform and adapt to technical requirements of connecting networks or devices.

You must not upload, post, or transmit unsolicited email, SMSs, or “spam” messages to WE ARE CLOUD and BIME service.

You must not transmit any worms or viruses or any code of a destructive nature through BIME service and to WE ARE CLOUD.

If your bandwidth usage exceeds 250 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by WE ARE CLOUD) of other BIME service customers, we reserve the right to immediately disable your account until you can reduce your bandwidth consumption.

WE ARE CLOUD does not warrant that the service will meet your specific requirements, the service will be uninterrupted, timely, secure, or error-free, the results that may be obtained from the use of the service will be accurate or reliable, the quality of any products, services, information, obtained by you through the service will meet your expectations, and any errors in the BIME Service will be corrected.

The failure of WE ARE CLOUD to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. The Terms of use constitutes the entire agreement between you and WE ARE CLOUD and govern your use of the BIME Service, superseding any prior agreements between you and WE ARE CLOUD (including, but not limited to, any prior versions of the Terms of Use).

WE ARE CLOUD reserves the right to update and change the Terms of Use from time to time without notice. Any new features that augment or enhance the current BIME Service, including the release of new tools and resources, shall be subject to the Terms of Use. Continued use of the BIME Service after any such changes shall constitute your consent to such changes.

Questions about the Terms of use should be sent to support at [email protected]

PRIVACY POLICY NOTICE:

Updated as of 8th October 2015

In accordance with the (French) law of 6 January 1978, individuals (including those acting on behalf of their business) are informed of the following concerning the processing by the company WE ARE CLOUD, a French-law société par actions simplifiée with a share capital of EUR 416,002 having its registered office at 266 Place Ernest Granier, 34000 Montpellier, France, registered under No. 513 468 330 RCS Montpellier, of personal data collected on them including data collected by its American subsidiary BIME USA LLC:

1° the controller is the company WE ARE COULD;

2° the purposes of the processing for which the personal data are intended are the management of clients and the other purposes listed at article 2 of the simplified norm No. 48 published by the Commission nationale de l’informatique et des libertés;

3° the recipients or categories of recipients of the personal data are the company WE ARE CLOUD, its American subsidiary BIME USA LLC and the other persons listed at article 4 of the simplified norm No. 48 published by the Commission nationale de l’informatique et des libertés;

4° each data subject has the rights set out in section 2 of chapter 5 of the (French) law of 6 January 1978, namely the right to request from the controller access to and rectification or erasure of the personal data concerning the data subject and the right to object to the processing of such personal data;

5° the transfer of personal data outside the European Union and more particularly to the United States of America is contemplated, it being noted that the processing affords an adequate level of protection of the private life and the fundamental rights and freedoms of the data subjects.

Updated as of 7th October 2014

WE ARE CLOUD respects the privacy of anyone who uses a WE ARE CLOUD Web site (http://wearecloud.com, http://analytics.bimehq.com, http://www.bimeanalytics.com/, http://fr.bimeanalytics.com/, http://bimeapp.com, http://bime.io ) and WE ARE CLOUD online applications (BIME).

WE ARE CLOUD gathers important information from our visitors and customers. We publish this Privacy Policy to communicate how we gather and use information about you, how we protect it, and how you can participate in its protection.

This Privacy Policy is part of the Terms of Use. We reserve the right to change this Privacy Policy. If we change it, we will provide notification of the change at least thirty (30) business days before the change takes effect and include directions for how you can respond to the change.

Collected Information

We require people who register to use a WE ARE CLOUD online application to give us contact information. We ask for contact and account information, such as email, password, country, timezone and number of users in the organization who will be using BIME, in addition to financial and billing information, such as billing name and address (your card number is only registered through Braintree or Ogone, see Braintree or Ogone Terms of use, except for members who use a free account).

WE ARE CLOUD does not distribute or share customer e-mail addresses, except as noted in its Terms of Use, or as may be required by law.

We transfer information about you if WE ARE CLOUD or BIME service is acquired by or merged with another company. In this event, WE ARE CLOUD will notify you before information about you is transferred and becomes subject to a different privacy policy.

WE ARE CLOUD uses the information we collect to set up BIME for individuals and their organizations. We may also use the information to contact customers and prospects to further discuss their interest in our company, the Services we provide and ways we can improve them, and to send information such as announcements of promotions and events regarding our company or partners. We may also e-mail a customer newsletter and updates about BIME or the company. You can opt out of receiving these communications by replying to them at the time they are distributed or at any time by e-mailing [email protected]

All financial and billing informations that we collect through a WE ARE CLOUD Web site and BIME are used solely to bill for BIME. WE ARE CLOUD does not use this billing information for marketing or promotional purposes. Except as we explicitly state at the time we request information, or as provided for in the WE ARE CLOUD Terms of Use, we do not disclose to any third party the information provided.

Other third parties, such as content providers, may provide information on a WE ARE CLOUD Web site, but they are not permitted to collect any information, nor does WE ARE CLOUD share any personally identifiable user information with these parties.

WE ARE CLOUD customers use WE ARE CLOUD online applications to “read” data and information or to store a picture of their data using the optional feature “DéjàVu”, hosted by third party secured hosting providers (Amazon web services). WE ARE CLOUD will not review, share, distribute, print, or reference any such data except as provided in the WE ARE CLOUD Terms of Use, or as may be required by law. We will view or access individual records only with your permission (for example, to resolve a problem or support issue). Of course, users of BIME are responsible for maintaining the confidentiality and security of their user registration and passwords.

WE ARE CLOUD may also collect certain information from visitors to a WE ARE CLOUD Web site and customers of BIME, such as Internet addresses. This information is logged to help diagnose technical problems and to administer the WE ARE CLOUD Web site and Services in order to constantly improve quality. We may also track and analyze non-identifying and aggregate usage and volume statistical information from visitors and customers and provide such information to third parties.

Data storage

WE ARE CLOUD uses third party secured hosting providers to supply the necessary hardware, software, networking, storage, and related technology required to run BIME. Although WE ARE CLOUD owns the code and all rights to the BIME service application, you retain all rights to your data. See our hosting providers Privacy and Terms of use here: www.aws.amazon.com/terms andwww.aws.amazon.com/privacy.

Security

Security is the number one priority.

As regards cloud databases, we chose the best providers to rely on: Google (google spreadsheets, google bigquery), Amazon (amazon redshift), our current ones.

As regards internal relational databases such as Postgre, Mysql, Oracle, Excel, sql server, security depends on your internal capabilities.

WE ARE CLOUD requires unique user names and passwords that must be entered each time a customer logs on. These safeguards help prevent unauthorized access, maintain data accuracy and ensure the appropriate use of data.

Opt-Out Policy

WE ARE CLOUD offers you a means to choose how we may use information you provided. If, at any time after registering for information or paying for BIME, you change your mind about receiving information from us or about sharing information with third parties, send us a request specifying your new choice. Send your request to [email protected]

Correcting and Updating Your Information

To update or change registration information or to update billing information, log on to the Services at a Bimeanalytics.com Website, click the “Log In” button. once in your BIME account, change it in your Adminsitration menu. You can’t correct and update information by phone or email.

Additional Information

Questions regarding this Privacy Policy or the security practices of BIME should be directed to WE ARE CLOUD by e-mailing [email protected]

Cookies

Cookies are files Web browsers place on a computer's hard drive. They are used to help us authenticate clients and provide timesaving shortcuts and preferences. WE ARE CLOUD uses a persistent encrypted cookie, if the client requests, to save and retrieve individual authentication information as well as other per-client device preferences. WE ARE CLOUD issues a mandatory session cookie to each user of BIME only to record encrypted authentication information for the duration of a specific session. If you reject this cookie, access to and usage of BIME will be denied.

Imprint

EMEA Headquarters :

We Are Cloud, 266 Place Ernest Granier - 34000 Montpellier - France

+33 (0)4 11 92 02 64

SAS au capital de 416 002€ - Siren: 513 468 330 - Code APE: 6201Z - RCS Montpellier - France

N° TVA Intracom : FR91513468330

US Headquarters :

BIME USA LLC

1812 Broadway Blvd, Kansas City, USA

1-816-994-3282