Terms of Use

TERMS OF SERVICE

1. BINDING AGREEMENT

These terms (“Terms”) govern your use of Becos Inc.’s (“Becos”) language and accent tutoring service, including the ClearSpeech service (our “Service”). Our Service consists of websites (“Web Apps”) and downloadable mobile applications (“Mobile Apps”, together with Web Apps, “Becos Apps”). By using our Service you agree to these terms.
By using our Service, you (or the entity or organization on behalf of which you are authorized, in which case “you” and “your” will refer to that entity or organization) agree to these Terms. If at any point for any reason you do not agree to any portion of the then-current version of these Terms, our Privacy Policy, or any other Becos policy, rules or codes of conduct relating to your use of our Service, your license to use our Service shall immediately terminate and you must stop using our Service.
Unless otherwise set forth in these Terms, to the extent these Terms conflict with any other Becos terms, policy, rules or codes of conduct, these Terms shall govern.

2. ABILITY TO ACCEPT TERMS OF USe

You AFFIRM That you are over the age of 18 (or, if greater than 18, the age of majority in your jurisdiction) and are of legal age in your jurisdiction or residence, or possess legal parental or guardian consent to enter into a binding contract. IN ANY CASE, YOU AFFIRM THAT YOU ARE OVER THE AGE OF 13.

3. Changes to Terms & Our Service

3.1. Becos reserves the right, at our discretion, to change or modify these Terms at any time. Although it is your responsibility to review these Terms from time to time for any changes, Becos will notify you of any revisions to these Terms by posting them at this location, and may provide other notice which may include by email or in-Service notice. If you do not agree to the revised Terms, you must stop using our Service. Your continued use of our Service following any revision to these Terms signifies your assent to and acceptance of the revised Terms.

3.2. These Terms may not otherwise be amended except in a writing hand signed by you and Becos. For purposes of this provision, “writing” does not include an e-mail message and a signature does not include an electronic signature.

3.3. You agree that Becos retains the unfettered right to modify any aspect of our Service. You acknowledge that Becos has been, is, and will be constantly making changes to our Service. These changes include modifications to features, functions or abilities of any element of our Service.

3.4. All descriptions, images, references, features, content, specifications, products and prices of products and services described or depicted on our Service, are subject to change (including availability) at any time without notice.

4. Violation of Terms

4.1. You may use our Service only for lawful purposes, in accordance with these Terms, and only in the manner contemplated by the functionalities of our Service (in Becos’s sole judgment).

4.2. WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND, DEACTIVATE OR TERMINATE USER ACCOUNTS, PROHIBIT ACCESS TO ALL OR ANY PORTION OF OUR SERVICE, DELAY OR REMOVE USER CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT YOU FROM ACCESSING OUR SERVICE IF WE BELIEVE THAT YOU ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR ACCOUNT AS A RESULT OF ACCOUNT SUSPENSION, DEACTIVATION, OR TERMINATION, AS WELL AS ANY BENEFITS AND PRIVILEGES ASSOCIATED WITH YOUR USE OF OUR SERVICE, AND BECOS IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.

5. YOUR ACCESS TO OUR SERVICE

5.1. Subject to these Terms and the payment of fees, where applicable, Becos grants you a non-exclusive, non-transferable license, without right of sublicense, to: (i) access and use our Service through Web Apps; and (ii) download and install Mobile Apps on devices within your possession and control.

5.2. Becos Apps, our Service, and their content, features, and functionality are owned by Becos, our licensors, or other suppliers of such material and is protected by copyright and other laws and international treaty provisions. Except for the licenses explicitly granted by these Terms, these Terms do not grant you any rights to patents, copyrights, trade secrets, trademarks, source code, or any other right, title or interest in Becos Apps or our Service, ownership of which is retained by Becos, our licensors and our suppliers Becos Apps are licensed, not sold, to you for use only under these Terms, and Becos reserves all rights not expressly granted to you.

5.3. Becos may from time to time develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of our Service (“Updates”). These may be automatically installed without providing any additional notice or receiving any additional consent. You consent to automatic updates. If you do not want such Updates, your remedy is to terminate your account and stop using our Service.

5.4. Except as expressly authorized in these Terms or allowed by applicable law, you may not use, copy, modify, reverse engineer, disassemble, decompile, modify, or transfer Becos Apps or any aspect of our Service, or otherwise attempt to derive the source code of Becos Apps or any aspect of our Service, or authorize any third party to do any of the foregoing. Any reproduction, license, assignment or redistribution, or other commercial exploitation of Becos Apps or our Service is prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

5.5. You agree to maintain and reproduce all copyright, proprietary, and other notices on all copies, in any form, in the same form and manner that such copyright and other proprietary notices are included in Becos Apps.

6. Purchases

6.1. Some aspects of our Service require the payment of fees. If you are required to pay a fee, the specific terms and conditions associated with such service will be included where those services are offered. Unless otherwise noted, all currency references are in U.S. dollars. All fees and charges are payable in accordance with payment terms in effect at the time the fee becomes payable. Becos may, from time to time (and upon notice if required by applicable laws), modify, amend, or supplement our fees and billing methods, and such changes shall be effective immediately upon posting on our Service.

6.2. Upon your acceptance of these Terms and submission of your purchase order, you hereby agree that we have the right to automatically charge your credit card or debit your account for the applicable fees, plus any applicable taxes we are required to collect, and you authorize us to do so. All posted prices on our Service do not include any applicable sales tax, unless specifically noted that it is tax-inclusive. You agree to pay all fees and applicable taxes incurred by you or anyone using an account registered to you. You may also be directed to a webpage that is hosted by a third party payment service and not by Becos (“Payment Service Page”). You will be asked to supply certain information relevant to your purchase. If you are using and providing information through a Payment Service Page, you will be subject to the terms of service and privacy policy of that payment service, rather than these Terms and Becos’s Privacy Policy. Becos has no control over, and shall not be responsible for, any payment service’s use of information collected through the Payment Service Page.

6.3. UNLESS OTHERWISE SPECIFIED IN ANY SUPPLEMENTAL TERMS AND CONDITIONS ASSOCIATED WITH YOUR PURCHASE, YOU ACKNOWLEDGE THAT BECOS IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON. YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION WHEN AN ACCOUNT IS SUSPENDED OR DEACTIVATED, OR IF YOU ARE DENIED ACCESS TO OUR SERVICE, WHETHER SUCH SUSPENSION, DEACTIVATION, OR DENIAL WAS VOLUNTARY OR INVOLUNTARY.

7. Registration, User Names & Passwords

7.1. In order to access some features of our Service, you may be required to register an account with us.

7.2. When creating or updating an account, you may be asked to provide us with certain personal information, which may include your e-mail address and other information that can be used to identify you. Such information, if provided to us, will be held and used in accordance with our Privacy Policy.

7.3. Notwithstanding anything herein to the contrary, you acknowledge and agree that you have no ownership or other property interest in the account, and you further acknowledge and agree that all rights in and to the account are and shall be owned solely and exclusively by Becos.

7.4. You agree to (i) provide us with current, complete and accurate information as prompted by the applicable registration form, and (ii) maintain and promptly update the registration data to keep it true, complete, accurate and correct. If you provide any information that is untrue, inaccurate, not current or incomplete, Becos has the right to suspend or deactivate your account and refuse you from any and all current and future use of our Service (or any portion thereof).

7.5. When registering for an account, you will be asked to choose a password and username. You may not use a username that is used by someone else, is vulgar or otherwise offensive (as determined by Becos in our sole discretion), infringes any trademark or other rights of others, or is used in any way that violates these Terms.

7.6. You are solely responsible for any and all activities, charges and fees that occur under your account. You agree to properly exit from your account at the end of each session. You agree to notify Becos immediately of any unauthorized use of your account or any other breach of security (and to provide properly documented evidence as reasonably requested by Becos). You are entirely responsible for maintaining the confidentiality and security of your account information (including usernames, passwords and billing information).

7.7. Becos will not be liable for any loss or damage that you may suffer as a result of someone else using your account, either with or without your knowledge. You will be liable for any and all losses incurred by Becos due to someone else using your account. You may not use anyone else’s account at any time. Your account is personal to you and you may not transfer or make your account available to others.

8. USER Content AND UNSOLICITED SUBMISSIONS

8.1. We may allow users to post feedback, questions, comments or other information to our Service (“Post”).

By Posting content, or participation in any chats or forums, you automatically grant us and our designees, or warrant that the owner of such content has expressly granted us and our designees, a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display content you Post throughout the world in any media. You also hereby grant each user of our Service a non-exclusive license to access content you Post, and to use, reproduce, distribute, display and perform such content, each in the manner contemplated by our Service and these Terms.

You further represent and warrant that: (i) you own or have the necessary rights (intellectual property rights or otherwise) in and to any and all content you Post and to enable inclusion and use of such content in the manner contemplated by our Service and these Terms; (ii) that we will not need to obtain any licenses or consents from, or make any payments to, any third party for any use or exploitation of content you Post as authorized herein, or have any liability to you or any other party as a result of any use or exploitation of such content as authorized herein; (iii) content you Post will not be illegal, obscene, threatening, defamatory, invasive of privacy, or otherwise injurious to third parties or objectionable, and must not consist of or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam;” (iv) content you Post may be copied by other users of our Service; and (v) if you do not have the right to Post content for such use, it may subject you to liability.

Becos takes no responsibility and assumes no liability for any content Posted by you or any third party. We have no obligation to monitor content Posted on our Service and we are not responsible for monitoring our Service for inappropriate or illegal content or conduct by other users. However, we retain the right, in our sole discretion, to edit, refuse to post, or remove any content. We may also, at our discretion, monitor and/or record your interaction with our Service or your communications with Becos or other users (including without limitation chat text and voice communications) when you are using our Service.

8.2. We are pleased to hear from our customers and welcome their comments regarding our Service. Unfortunately, however, it is our policy to not accept or consider creative ideas, suggestions or materials other than those we have specifically requested. If, despite our request that you not send us any other creative materials, you send us creative suggestions, ideas, notes, drawings, concepts or other information (collectively, the “Unsolicited Submissions”), the Unsolicited Submissions shall be deemed, and shall remain, the property of Becos. None of the Unsolicited Submissions shall be subject to any obligation of confidence on the part of Becos, and we shall not be liable for any use or disclosure of any Unsolicited Submissions. Without limitation of the foregoing, we shall exclusively own all now known or hereafter existing rights to the Unsolicited Submissions of every kind and nature, in perpetuity, throughout the universe and shall be entitled to unrestricted use of the Unsolicited Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Unsolicited Submissions. You waive any and all moral rights in any such Unsolicited Submissions as well as any claim to a right of credit or approval. The foregoing shall also apply to any creative submissions you make at our specific request, unless otherwise agreed in writing.

9. COPYRIGHT NOTICES & COMPLAINTS

Becos respects the intellectual property of others, and we ask our users to do the same. Becos may, in appropriate circumstances and at our discretion, disable and/or terminate the accounts of users who may be repeat infringers.

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Becos’s Copyright Agent the following information:

a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
b. a description of the copyrighted work or other intellectual property that you claim has been infringed;
c. a description of where the material that you claim is infringing is located on the site;
d. your address, telephone number, and email address;
e. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
f. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Becos’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

Becos Copyright Agent
c/o KIC Center
3003 N. 1st St.
San Jose, CA 95134
Email: contact@becoslabs.com

Please be aware that to be effective, your copyright infringement notification must comply with the Digital Millennium Copyright Act (“DMCA”). Please note that the DMCA provides that you may be liable for damages (including costs and attorney fees) if you knowingly misrepresent that material or activity is infringing.

Please also note that the information provided in your copyright infringement notice may be provided to the person responsible for the allegedly infringing material.

10. ELECTRONIC COMMUNICATIONS

When you use our Service or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by email (if provided by you) or by posting notices through our Service. You agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing.

11. LINKS

Our Service may contain links to websites operated by third parties. We do not monitor or control the linked sites and make no representations regarding, and are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any of the content uploaded, displayed, or distributed, or products, or services available at these sites. If you choose to access any third party site, you do so at your own risk. The presence of a link to a third party site does not constitute or imply our endorsement, sponsorship, or recommendation of the third party or of the content, products, or services contained on, or available through, the third party site. We reserve the right to disable links from or to third party sites.

Your correspondence or dealings with the linked website or service providers are solely between you and such third party, and Becos is neither responsible nor liable for any part of such dealings. Any charges you incur in relation to those third parties are your responsibility. You understand that when you provide data to such third parties, you are providing it in accordance with their privacy policy (if any), and our Privacy Policy does not apply with respect to such data provided to the third parties.

12. THIRD-PARTY MERCHANTS & PROVIDERS

Our Service may enable you to order and receive products, information and services from third parties that are not owned or operated by us. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services or information, opinion or advice ordered or received from such businesses are solely between you and such third parties. We do not endorse, warrant, or guarantee such products, information, or services, and are not liable for the accuracy, completeness, or usefulness of such information or the quality of availability of such products or services. We will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of such products, services, or information, or for ensuring the confidentiality of your credit card information. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility and are not part of the fee, if any, charged for our Service. In addition, our Service may prompt you to establish an account with a third party not owned or operated by us. Your agreement and understanding with any such third party is solely between you and such third party. We will not be a party to or in any way be responsible for your agreement with such third-party. Any disputes you may encounter with such third party shall be settled solely between you and such third party.

13. TERM AND TERMINATION

These Terms will remain in full force and effect so long as you continue to use our Service, or until terminated in accordance with these Terms. Upon termination, the licenses granted to you by Becos shall cease, you may not be able to access your account, and you will promptly remove any Mobile App from any device on which it is installed.

In the event of expiration or termination of your account, the representations made by you in these Terms, and the obligations of each party, which by their nature would continue beyond the termination or expiration of these Terms, including without limitation the Sections entitled “Term and Termination”, “Disclaimers”, “Limitation of Liability”, “Indemnification”, “Disputes”, and Sections 20 through 25, shall survive such expiration or termination.

14. SERVICE LIMITATIONS

14.1. Becos makes no uptime guarantee whatsoever regarding our Service. Our Service is intended to be reliable, but is not intended to be reliable or available at all times. Our Service is subject to interruptions, and you agree that Becos will not be responsible or liable for any loss or damage whatsoever resulting from any failure or delay of our Service.

14.2. Our Service may be suspended without notice to you. Suspension of our Service may result from a variety of reasons, including system failure, maintenance, or other circumstances. You agree that you will not be entitled to any refund or compensation for such suspensions.

15. DISCLAIMERS

15.1. NEITHER BECOS, OUR LICENSORS AND THIRD PARTY PROVIDERS, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE “BECOS PARTIES”), MAKE ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THAT OUR SERVICE OR BECOS APPS WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF OUR SERVICE OR BECOS APPS, OR AS TO THE ACCURACY, RELIABILITY, QUALITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED ON OR THROUGH OUR SERVICE OR BECOS APPS.

15.2. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, OUR SERVICE OR BECOS APPS IS AT YOUR SOLE RISK. OUR SERVICE, BECOS APPS, AND ANY CONTENT APPEARING ON OUR SERVICE, INCLUDING USER CONTENT, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY LAW, BECOS MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR OTHER TERMS OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT OUR SERVICE OR BECOS APPS. BECOS DISCLAIMS ANY WARRANTIES OF TITLE OR IMPLIED WARRANTIES, CONDITIONS OR OTHER TERMS OF NON-INFRINGEMENT, MERCHANTABILITY, QUIET ENJOYMENT OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS.

16. LIMITATION OF LIABILITY

16.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ANY OF THE BECOS PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF OUR SERVICE OR BECOS APPS, HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY EVEN IF BECOS WAS PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL CUMULATIVE ACTUAL DAMAGES TO WHICH YOU MAY BE ENTITLED SHALL BE LIMITED TO THE FEES PAID BY YOU, IF ANY, DURING THE 6 MONTH PERIOD PRECEDING THE DATE OF YOUR CLAIM. THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM.

16.2. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF STATUTORY OR IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. IN SUCH JURISDICTIONS THE LIMITATIONS AND EXCLUSIONS SET FORTH HEREIN MAY NOT APPLY TO YOU. CONSEQUENTLY, IN SUCH JURISDICTIONS, THE LIABILITY OF THE BECOS PARTIES IS LIMITED TO THE EXTENT PERMITTED BY LAW, THEREBY MINIMIZING THE LIABILITY OF SUCH BECOS PARTIES TO YOU TO THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW. THIS LIMITATION IS INDEPENDENT OF ANY OTHER LIMITATION SET FORTH IN THESE TERMS.

16.3. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.

16.4. THE BECOS PARTIES DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT, NOR FOR ANY OFFENSIVE, DEFAMATORY, OBSCENE OR ILLEGAL POSTING OR CONDUCT, ON OUR SERVICE, INCLUDING, WITHOUT LIMITATION, BY ANYONE OTHER THAN AUTHORIZED BECOS EMPLOYEES WHILE ACTING IN THEIR OFFICIAL CAPACITIES.

17. Indemnification

You agree to indemnify and hold the Becos Parties harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of our Service or Becos Apps in violation of these Terms and/or any breach of your representations and warranties set forth above and/or if content you Post to our Service causes us to be liable to another.

18. Equitable Remedies
You acknowledge that the rights granted and obligations made under these Terms to Becos are of a unique and irreplaceable nature, the loss of which shall irreparably harm Becos and which cannot be replaced by monetary damages alone. Accordingly, Becos shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.
You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of our Service or Becos Apps, exploitation of any advertising or other materials issued in connection therewith, or exploitation of our Service or any content or other material used or displayed through our Service and agree to limit your claims to monetary damages (but only to the extent permissible under these Terms).
19. Disputes
19.1. To the extent permitted by applicable law, these Terms and EULA are governed by and construed in accordance with the substantive laws of the State of California, U.S.A., and you expressly and irrevocably agree and submit to the exclusive jurisdiction of the federal and state courts located in Santa Clara County, California, U.S.A.

19.2. The parties specifically exclude from application to these Terms the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act. All other claims, including claims regarding consumer protection laws, unfair competition laws, and in tort, will, only to the extent required by applicable law, be subject to the laws of your residence.

19.3. Any claim or cause of action arising out of or related to these Terms or the use of our Service must be filed within 1 year after such claim or cause or action arose regardless of any statutes or law to the contrary. In the event any such claim or cause of action is not filed within such 1 year period, such claim or cause of action are forever barred.

19.4. For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief shall resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. The party requesting relief shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, and the specific manner shall be chosen by the party initiating the arbitration; (b) all aspects of the arbitration shall be conducted in the English language; (c) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (d) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.

19.5. All claims you bring against Becos must be resolved in accordance with this Section. All claims filed or brought contrary to this Section shall be considered improperly filed. Should you file a claim contrary to this Section, Becos shall be entitled to recover attorneys’ fees and costs up to $2,000, provided that Becos has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
20. THIRD PARTY MARKETPLACES

These Terms are between you and Becos only, and not with any third party marketplace such as those provided by Apple, Google or any other third party through which you may have downloaded Mobile Apps (“Marketplaces”). The Marketplaces are not responsible for Mobile Apps you download or the Service. The Marketplaces have no obligation whatsoever to furnish any maintenance and support services with respect to Mobile Apps. Each Marketplace may have its own terms and conditions to which you must agree before downloading Mobile Apps, and you agree to comply with such Marketplaces’ terms and conditions. To the extent such other terms and conditions from such Marketplaces are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms, the more restrictive or conflicting terms in these Terms apply.

21. Severability

The provisions of these Terms are intended to be severable. If for any reason any provision of these Terms shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.

22. ENFORCEABILITY, ENTIRE AGREEMENT & NON-WAIVER

These Terms are deemed accepted upon any use of our Service. These Terms and any additional terms referenced herein constitute the entire agreement between you and Becos regarding the use of our Service. Our failure to exercise or enforce any right or provision of these Terms or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof. The section titles in these Terms are for convenience only and have no legal or contractual effect.

23. ASSIGNMENT

You may not assign, delegate any performance, or otherwise transfer by operation of law or otherwise any of the rights or licenses granted to you hereunder without our prior written consent therefor. Becos may assign these Terms, and our obligations thereunder, to any person or entity at our sole discretion.

24. FORCE MAJEURE

We are not liable for any changes or problems out of our control, for example changes or problems caused by like natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

25. NOTICES

We may notify you by posting(s) made in-Service, sending you an e-mail or using other ways of communicating with you based on the contact information you provide to us. Any notice to Becos required according to these Terms must be in writing and addressed to Becos Inc., c/o KIC Center, 3003 N. 1st St., San Jose, CA 95134, unless we have provided a more specific method of notifying us.

26. Technical & Customer Support

Subject to the other provisions of these Terms, Becos will attempt to help you with any queries or problems that you may have with our Service, any of your purchases, and any questions about these Terms generally. To reach our customer support team, please e-mail us at contact@becoslabs.com.