Terms and Conditions
Effective Date: January 2nd, 2025
Last Updated: October 6th, 2025
These Terms and Conditions govern your use of the Beaverhand platform and services. By accessing or using our services, you agree to be bound by these terms.
1. SAAS Services and Support
Subject to the terms of this Agreement, Beaverhand will use commercially reasonable efforts to provide Customer the Services. As part of the registration process, Customer will identify an administrative user name and password for Customer's Beaverhand account. Beaverhand reserves the right to refuse registration of, or cancel passwords it deems inappropriate.
Beaverhand will provide Customer with reasonable technical support services in accordance with Beaverhand's standard practice.
2. Restrictions and Responsibilities
Customer will not, directly or indirectly:
- Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code or underlying ideas or algorithms of the Services
- Modify, translate, or create derivative works based on the Services
- Use the Services for timesharing or service bureau purposes or otherwise for the benefit of a third party
- Remove any proprietary notices or labels
- Use the Services in any way that violates applicable laws or regulations
Customer represents, covenants, and warrants that Customer will use the Services only in compliance with all applicable laws and regulations.
3. Confidentiality
Each party agrees that it will use the Confidential Information of the other party solely in accordance with the provisions of this Agreement and will not disclose such Confidential Information to any third party without the other party's prior written consent.
Each party agrees to protect the other party's Confidential Information using the same degree of care it uses to protect its own confidential information, but in no case less than reasonable care.
4. Fees and Payment
Customer will pay Beaverhand the fees specified in the applicable order form. All fees are payable in U.S. dollars and are due within thirty (30) days of the invoice date unless otherwise specified.
Late payments will bear interest at the rate of 1.5% per month (or the highest rate permitted by law, if less) from the payment due date until paid in full.
All fees are non-refundable except as expressly set forth in this Agreement.
5. Proprietary Rights
Beaverhand owns all right, title and interest, including all related intellectual property rights, in and to the Services and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by Customer or any other party relating to the Services.
This Agreement does not grant Customer any rights to Beaverhand's trademarks or service marks.
6. Warranty and Disclaimer
Beaverhand warrants that the Services will perform materially in accordance with the applicable documentation during the subscription term. For any breach of such warranty, Customer's exclusive remedy shall be as provided in the Termination section below.
DISCLAIMER:
EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICES ARE PROVIDED "AS IS" AND BEAVERHAND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
7. Mutual Indemnification
Beaverhand shall defend Customer against any claim brought against Customer by a third party alleging that the Services infringes such third party's patent, copyright or trademark, and shall indemnify Customer for any damages finally awarded against Customer.
Customer shall defend Beaverhand against any claim brought against Beaverhand by a third party arising from Customer's use of the Services in violation of this Agreement, and shall indemnify Beaverhand for any damages finally awarded against Beaverhand.
8. Limitation of Liability
Important Limitation:
IN NO EVENT SHALL EITHER PARTY'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER HEREUNDER IN THE TWELVE (12) MONTHS PRECEDING THE INCIDENT.
IN NO EVENT SHALL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER PARTY FOR ANY LOST PROFITS OR REVENUES OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. Term and Termination
This Agreement commences on the Effective Date and continues for the initial subscription term specified in the order form, unless earlier terminated as provided herein.
Either party may terminate this Agreement for cause if the other party materially breaches this Agreement and fails to cure such breach within thirty (30) days after written notice.
Upon termination, Customer's right to access and use the Services will immediately cease, and Customer shall return or destroy all Confidential Information of Beaverhand.
10. General Provisions
Entire Agreement
This Agreement constitutes the entire agreement between the parties and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter.
Governing Law
This Agreement shall be governed by the laws of the State of Oregon without regard to its conflict of laws provisions.
Amendments
No amendment to or modification of this Agreement is effective unless it is in writing and signed by authorized representatives of both parties.
Severability
If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement shall remain in effect.
Contact Information
Beaverhand Inc.
📍 621 SW Morrison St, Ste 800, Portland OR 97205