Beans Route
Copyright © One Hundred Feet, Inc.

Terms of Use

PLEASE READ THESE ENTERPRISE TERMS (“TERMS”) CAREFULLY BEFORE USING THE SERVICES OFFERED BY ONE HUNDRED FEET, INC. (“BEANS. AI”). THESE TERMS ARE LEGAL BINDING AGREEMENT BETWEEN YOU (“CUSTOMER” OR “YOU”) AND ONE HUNDRED FEET, INC. TO GOVERN THE USE OF CERTAIN SOFTWARE AND TECHNOLOGY DEVELOPED AND DISTRIBUTED BY BEANS.AI. BY USING THE SOFTWARE, OR SUBMITTING VIA BEANS. AI’S STANDARD ONLINE PROCESS, OR MUTUALLY EXECUTING AN ORDER FORM WITH BEANS. AI, WHICH REFERENCE THESE TERMS (AN “ORDER FORM”) YOU ARE AGREEING TO BE BOUND BY THESE TERMS (TOGETHER WITH THE ORDER FORM, THE “AGREEMENT”) TO THE EXCLUSION OF ALL OTHER TERMS. YOU ARE NOT PERMITTED TO USE THE SERVICES IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF AN ENTITY, THEN YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED TO BIND SUCH ENTITY TO THE TERMS OF THIS AGREEMENT.

  1. Order Form; Access to the Service. Upon mutual execution or acceptance by Beans.ai, the Order Form shall be incorporated into and form a part of the Agreement. Subject to the terms and conditions of this Agreement (including any limitations and restrictions set forth on the Order Form) and Customer’s compliance therewith, Beans.ai grants Customer a nonexclusive, limited, personal, non-sublicensable, nontransferable, non-assignable right and license to, with respect to the Bans.ai product(s) and/or service(s) specified in the Order Form (the Service” or “Services”): (i) internally access and use the software-as-a-service components of the Services (if any) (individually and collectively, the “SaaS”) and (ii) download, install and internally use the mobile device software application components of the Services (if any), in each case during the Order Form Term (as defined below) for the internal business purposes of Customer, only as provided herein and only in accordance with Beans.ai’s applicable official user documentation.
  2. Restrictions on Use of Services and Data. Customer shall not, and shall not permit any third party to, directly or indirectly: (i) reverse engineer, decompile, disassemble, or otherwise attempt to extract or discover the source code, object code, or underlying structure, ideas, data or algorithms of the Service (except to the extent applicable laws specifically prohibit such restriction); (ii) modify, translate, or create derivative works based on the Service; (iii) sell, resell, copy, rent, lease, distribute, pledge, assign, sublicense, or otherwise transfer or encumber rights to the Service, including the underlying Data; (iv) access or use, or attempt to access or use, the features of the Service in a manner not intended by, or covered by the Order Form; (v) or use or access the Service for the benefit of a third party; (vi) access or use the Service for High Risk Activities (as defined below); (vii) copy, save, bulk download, export, extract, or otherwise scrape the content or Data, including pre-fetching, indexing, resharing, or rehosting the Data; (viii) cache, store, extract, recreate, sell or attempt to sell the Data or content based on the Data or derived from the Data, remove or otherwise alter any proprietary notices or labels from the Service or any portion thereof; (ix) use the Service to build an application or product that is competitive with any Beans.ai product or service or to copy any ideas, features, function, data or graphics from the Services; (x) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; or (xi) bypass any measures Beans.ai may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service). Customer is responsible for all of Customer’s activity in connection with the Service, including but not limited to uploading Customer Data (as defined below) onto the Service. Customer (a) shall use the Service in compliance with all applicable local, state, national and foreign laws, treaties and regulations in connection with Customer’s use of the Service (including those related to data privacy, international communications, export laws and the transmission of technical or personal data laws), and (b) shall not use the Service in a manner that violates any third party intellectual property, contractual or other proprietary rights. “High Risk Activities” means activities where improper use, defect, unavailability or failure of the Service could lead to death, injury, or environmental damage, including use in connection with (a) emergency response services; (b) autonomous and semi-autonomous vehicle; and (c) air traffic control. “Data” means all content, text, graphics, photos, images, geocodes, directions, instructions, recommendations, maps, locations, topography, and all data contained in or made available through the Service, whether such information is core to the function of the Service or ancillary to its function.
  3. APIs. Certain Services may include access to Beans.ai’s APIs for the purpose of submitting Customer Data to the Services. Such access is granted solely for use in connection with the Services in accordance with the terms of this Agreement and any documentation provided by Beans.ai. To use the Benas.ai API, customer must provide accurate and complete information to Beans.ai, and comply with the terms of this Agreement and any documentation provided by Beans.ai. Customer may be required establish a login name and password to access the Beans.ai API, and must maintain the security of those credentials and prevent unauthorized access to the Beans.ai API. Customer will be responsible for all use of such credentials, whether by Customer or a third party. Customer will update all registration information as required to keep it accurate, current, and complete and shall obtain and maintain any consents necessary to permit the processing by Beans.ai of any Customer Data transmitted by Customer via the Beans.ai API. Customer will not and will not allow, authorize or assist any third party to: (i) use or integrate the Beans.ai API, or any component thereof, with any software, hardware, or system without Beans.ai’s express prior written agreement; (ii) take any action that imposes, or may impose, at Beans.ai’s sole discretion, an unreasonable or disproportionally large load on Beans.ai’s infrastructure; (iii) attempt to disrupt, degrade, impair, or violate the integrity or security of the Beans.ai API, including, without limitation, by executing any form of network monitoring or bulk or fraudulent requests, (iv) transmit any viruses, software routines, or other code designed to permit unauthorized access, to disable, erase or otherwise harm software, hardware or data, or to perform any other harmful actions; (v) use the Beans.ai API in any manner that violates any applicable law; or (vi) attempt to cloak or conceal Customer’s identity when requesting authorization to use the Beans.ai API. Beans.ai reserves the right to (a) disable access to the Beans.ai API at any time for any violation of the terms of this Agreement; or (b) create and enforce controlling mechanisms such as a rate limiting structure for use of the Beans.ai API in order to restrict unauthorized access or use, or access or use in violation of the Agreement or to reasonably protect the availability and integrity of the Beans.ai API.
  4. Implementation. Upon payment of all applicable Fees set forth in the Order Form, Beans.ai agrees to use reasonable commercial efforts to provide the Customer with implementation assistance for the Service; such assistance will be provided to Customer only if and to the extent implementation assistance is set forth on the Order Form (“Implementation Assistance”). Except as otherwise stated on the applicable Order Form, Implementation Assistance shall not exceed ten (10) hours, and all Implementation Assistance hours must be used within ninety (90) days of the Effective Date. If Beans.ai provides Implementation Assistance in excess of any agreed-upon hours estimate, or if Beans.ai otherwise provides additional services beyond those agreed in an Order Form, Customer will pay Beans.ai at its then-current hourly rates for consultation.
  5. Support; Service Levels. Subject to Customer’s payment of all applicable Fees, Beans.ai will provide technical support, maintenance, and uptime for each Service in accordance with the applicable Order Form and Beans.ai’s then-current standard Support and Availability Policy as set forth in Exhibit A. Such support does not include Professional services, and any professional services offered by Beans.ai are subject to separate terms and conditions.
  6. Service Updates. From time to time, Beans.ai may provide upgrades, patches, enhancements, or fixes for the Services to its customers generally without additional charge (“Updates”), and such Updates will become part of the Services and subject to this Agreement; provided that Beans.ai shall have no obligation under this Agreement or otherwise to provide any such Updates. Customer understands that Beans.ai may make improvements and modifications to the Services at any time in its sole discretion; provided that Beans.ai shall use commercially reasonable efforts to give Customer reasonable prior notice of any major changes.
  7. Ownership; Feedback. As between the parties, Beans.ai retains all right, title, and interest in and to the Services and Data, and all data, software, products, works, and other intellectual property and moral rights related thereto or created, used, or provided by Beans.ai for the purposes of this Agreement, including any copies and derivative works of the foregoing. Any software, apps, data, or API which is distributed or otherwise provided to Customer hereunder (including without limitation any software identified on an Order Form) shall be deemed a part of the “Services” and subject to all of the terms and conditions of this Agreement. Customer acknowledges that the Services contain the proprietary, intellectual property of Beans.ai, and except for the license granted under Section 1, as between the parties, Beans.ai retains all right, title and interest in and to such intellectual property. No rights or licenses are granted except as expressly and unambiguously set forth in this Agreement. Customer may (but is not obligated to) provide suggestions, comments or other feedback to Beans.ai with respect to the Service (“Feedback”). Beans.ai acknowledges and agrees that all Feedback is provided “AS IS” and without warranty of any kind. Notwithstanding anything else, Customer shall, and hereby does, grant to Beans.ai a nonexclusive, worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free, fully paid-up license to use and exploit the Feedback for any purpose. Nothing in this Agreement will impair Beans.ai’s right to develop, acquire, license, market, promote or distribute products, software or technologies that perform the same or similar functions as, or otherwise compete with any products, software or technologies that Customer may develop, produce, market, or distribute.
  8. Fees; Payment. Customer shall pay Beans.ai all fees as set forth in each applicable Order Form (“Fees”). Except as otherwise specified in an Order Form, all Fees due under this Agreement are (i) based on the Services purchased and not usage of the Services (ii) payable in advance, on an annual basis, in U.S. dollars (iii) non-refundable; and (iv) not subject to set-off. If an Order Form provides for payment of Fees by a separate invoice, Beans.ai will invoice Customer according to the billing frequency stated on such Order Form, each to be paid within thirty (30) days from date of invoice. Past due invoices are subject to interest on any outstanding balance of the lesser of 1.5% per month or the maximum amount permitted by law. Customer shall be responsible for all taxes associated with Service (excluding taxes based on Beans.ai’s net income).
  9. Customer Data. For purposes of this Agreement, “Customer Data” shall mean any data, information or other material provided, uploaded, or submitted by Customer to the Service in the course of using the Service. Customer shall retain all right, title and interest in and to the Customer Data, including all intellectual property rights therein. Customer, not Beans.ai, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Customer Data. Customer represents and warrants that it has all rights necessary to provide the Customer Data to Beans.ai as contemplated hereunder, in each case without any infringement, violation or misappropriation of any third party rights (including, without limitation, intellectual property rights and rights of privacy). Beans.ai shall use commercially reasonable efforts to maintain the security and integrity of the Service and the Customer Data. Customer is responsible for the use of the Service by any person to whom Customer has given access to the Service, even if Customer did not authorize such use. Customer agrees and acknowledges that Customer Data may be irretrievably deleted if Customer’s account is ninety (90) days or more delinquent. Notwithstanding anything to the contrary, Customer acknowledges and agrees that Beans.ai may (i) internally use and modify (but not disclose) Customer Data for the purposes of (A) providing the Service to Customer and (B) generating Aggregated De-Identified Data (as defined below), (ii) freely use, retain and make available Aggregated De-Identified Data for Beans.ai’s business purposes (including without limitation, for purposes of improving, testing, operating, promoting and marketing Beans.ai’s products and services); and (iii) otherwise use and disclose Customer Data as is set forth in Beans.ai’s Privacy Policy found at https://www.beans.ai/help/consumer/privacy. “Aggregated De-Identified Data” means data submitted to, collected by, or generated by Beans.ai in connection with Customer’s use of the Service, but only in aggregate, de-identified form which can in no way be linked specifically to Customer or to any individual.
  10. Third Party Integrations. Customer acknowledges and agrees that (i) the Service may offer access to or operate with application programming interfaces (APIs) or other services and tools operated or provided by third parties (e.g., other vendors of Customer) (“Third Party Integrations”), (ii) any Third Party Integrations are provided solely as a convenience, and the availability and operation of the Service or certain portions thereof in connection with a Third Party Integration is dependent on the applicable third party continuing to offer Beans.ai the ability to access such Third Party Integrations, and (iii) Customer’s failure to provide adequate access or any retraction of permissions relating to a Third Party Integration may result in a suspension or interruption of features of the Service dependent on such Third Party Integration. Customer gives Beans.ai permission to interoperate with Third Party Integrations at the direction of the Customer or such Third Party Integration providers. Beans.ai cannot and does not guarantee that the Service shall incorporate (or continue to incorporate) any particular Third Party Integrations and does not make any representations or warranties with respect to Third Party Integrations. Beans.ai shall not be liable as to the transfer, download or use of or use of any Customer Data, information, or content processed or provided to or through such Third Party Integrations. Customer is solely responsible for procuring any and all rights necessary for it to access Third Party Integrations (including for any Customer Data or other information relating thereto) and for complying with any applicable terms or conditions thereof. Any exchange of data or other interaction between Customer and a third party provider is solely between Customer and such third party provider and is governed by such third party’s terms and conditions. Customer hereby represents and warrants that it has all rights, licenses, permissions and consents necessary to connect, use and access any Third Party Integrations that it integrates or elects to have integrated with the Service, and Customer agrees to indemnify, defend, and hold harmless Beans.ai against all claims, damages and liabilities arising out of Customer’s use of any Third Party Integrations in connection with or through the Service.
  11. Confidentiality. Customer acknowledges and agrees that the Services and Data, as well as all other information and materials provided by or on behalf of Beans.ai under this Agreement to the Customer that Customer should reasonably understand to constitute trade secrets or confidential or proprietary information of Beans.ai, is “Confidential Information” hereunder, and Customer shall not use such Confidential Information except as permitted by this Agreement and may not disclose the Confidential Information to any third party other than as may be expressly authorized in writing by Beans.ai. Customer shall keep and instruct its employees and agents to keep Confidential Information confidential by using at least the same care and discretion as used with Customer’s own most valuable confidential information, but in no case less than a prudent and reasonable standard of care. If Customer, its employees or agents breaches or threatens to breach the obligations of this Section 11, Beans.ai shall be entitled to injunctive relief from a court of competent jurisdiction, in addition to its other remedies, as the inadequacy of monetary damages and irreparable harm are acknowledged. Customer shall not be In breach of this Section 11 with respect to a disclosure of Confidential Information by Customer that is required by law or legal process, provided that in the event of any such requirement Customer must promptly notify Beans.ai in writing thereof and provide all reasonably requested information and assistance to Beans.ai in connection with contesting or limiting such disclosure (e.g., obtaining a protective order). Information or material shall not constitute Confidential Information if it: (i) already is in or enters the public domain through no fault of Customer, (ii) is known to the Customer without being subject to confidentiality restrictions prior to the time of disclosure hereunder, or (iii) is lawfully and rightfully disclosed to Customer by a third party on a non-confidential basis and without breach of any obligation owed to Beans.ai.
  12. Term; Termination. This Agreement is effective upon the date of the Order Form that references these Terms and stays in effect until the expiration of the Order Form Term set forth therein, unless earlier terminated in accordance herewith. In the event of a material breach of this Agreement by either party, the non-breaching party may terminate this Agreement (including the Order Form) by providing written notice to the breaching party, provided that the breaching party does not materially cure such breach within thirty (30) days of receipt of such notice. Without limiting the foregoing, Beans.ai may suspend or limit Customer’s access to or use of the Service if (i) Customer’s account is more than sixty (60) days past due, (ii) Customer’s use of the Service results in (or is reasonably likely to result in) damage to or material degradation of the Service which, in Beans.ai’s sole discretion, interferes with Beans.ai’s ability to provide access to the Service to other customers, (iii) Customer violates Section 2 or Section 3 of this Agreement or the then-current acceptable use policy for Services; or (iv) Beans.ai determines it is reasonably necessary under applicable law; provided that in the case of subsection (ii): (a) Beans.ai shall use reasonable good faith efforts to work with Customer to resolve or mitigate the damage or degradation in order to resolve the issue without resorting to suspension or limitation; (b) prior to any such suspension or limitation, Beans.ai shall use commercially reasonable efforts to provide notice to Customer describing the nature of the damage or degradation; and (c) Beans.ai shall reinstate Customer’s use of or access to the Service, as applicable, if Customer remediates the issue within thirty (30) days of receipt of such notice. Sections 2, 3, 7, 8 (with respect to obligations accrued prior to termination or expiration), 9, 11, 12 (with respect to Customer’s obligations post-termination or expiration), and 13-22 of these Terms shall survive any expiration or termination hereof. Upon expiration or termination of the Agreement, Customer shall promptly cease use of the Services and any Data obtained during the Order Form Term and shall permanently destroy any and all copies of the Services and Data that may be in Customer’s possession or control.
  13. Indemnification.
    1. Beans.ai agrees to, at its own expense, defend and/or settle any claim, action or suit brought by a third party against Customer or its directors, officers or employees (“Customer Indemnitees”) alleging that the Beans.ai software or Data underlying the Services infringes such third party’s intellectual property rights. Beans.ai will pay those amounts finally awarded by a court of competent jurisdiction against the Customer Indemnitees or payable pursuant to a settlement agreement agreed to by Beans.ai with respect to the claim. The foregoing obligations of Beans.ai do not apply with respect to the Service or any information, technology, materials or data (or any portions or components of the foregoing) to the extent (i) not created or provided by Beans.ai (including without limitation any Customer Data), (ii) made in whole or in part in accordance to Customer specifications, (iii) modified after delivery by Beans.ai, (iv) combined with other products, processes or materials not provided by Beans.ai (where the alleged claim arises from or relates to such combination), (v) where Customer continues allegedly infringing activity after being notified thereof or after being informed of modifications that would have avoided the alleged infringement, or (vi) Customer’s use of the Service is not strictly in accordance herewith. This Section 13.a sets forth the entire liability of Beans.ai and the sole and exclusive remedy of Customer in the event of any claim that the Services infringe any third party intellectual property rights.
    2. Customer agrees to, at its own expense, indemnify, hold harmless, defend and/or settle any claim, action or suit brought by a third party against Beans.ai or its directors, officers or employees (“Beans.ai Indemnitees”) arising out of or relating to the Customer Data or any use of the Services or Data by Customer or its employees and agents, other than a claim for which Beans.ai is obligated under Section 13.a above. Customer will pay those amounts finally awarded by a court of competent jurisdiction against the Beans.ai Indemnitees, or payable pursuant to a settlement agreement agreed to by Customer with respect to the claim.
    3. Each party’s obligations under this Section 13 are conditioned on the indemnified party (“Indemnitee”) providing the indemnifying party (“Indemnitor”) with (i) prompt written notice of the third party claim, provided that failure to give notice promptly shall only relieve the Indemnitor of its obligation to the extent its defense is materially prejudiced by the delay, (ii) sole control over the defense of the claim and any related settlement negotiations, and (iii) reasonable cooperation, at the Indemnitor’s expense, in connection with such defense or settlement. The Indemnitor shall not, without the Indemnitee’s prior written consent, agree to any settlement of the claim that does not include a complete release of the Indemnitee from all liability with respect thereto or that imposes any material obligation or restriction on the Indemnitee (other than payment obligations to be satisfied by the Indemnitor).
  14. Disclaimer. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICES AND DATA ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND ARE WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE, USAGE OF TRADE, OR COURSE OF DEALING, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. BEANS.AI MAKES NOT REPRESENTATION OR WARRANTY REGARDING THE RESULTS OF USE OF THE SERVICES OR DATA.
  15. Limitation of Liability. EXCEPT FOR THE PARTIES’ INDEMNIFICATION OBLIGATIONS HEREUNDER AND FOR CUSTOMER’S BREACH OF SECTION 2 (RESTRICTIONS) OR SECTION 11 (CONFIDENTIALITY), IN NO EVENT SHALL EITHER PARTY, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) THE FEES PAID (OR PAYABLE) BY CUSTOMER TO BEANS. AI HEREUNDER IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO A CLAIM HEREUNDER.
  16. Entire Agreement. This Agreement (including all Exhibits attached hereto and referenced herein) represents the entire agreement between Customer and Beans.ai with respect to the subject matter hereof, and supersedes all prior or contemporaneous communications and proposals (whether oral, written or electronic) between Customer and Beans.ai with respect thereto. In the event of any conflict between these Terms and an Order Form, the Order Form shall control.
  17. Choice of Law; Venue. The Agreement shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of law rules, and the parties consent to exclusive jurisdiction and venue in the state and federal courts located in San Francisco, California with respect to any case or controversy arising in connection herewith. In any action or proceeding to enforce rights under this Agreement, the prevailing party shall be entitled to recover costs and attorneys’ fees.
  18. Notice. All notices under this Agreement shall be in writing and shall be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Notices must be sent to the contacts for each party set forth on the Order Form. Either party may update its address set forth above by giving notice in accordance with this section.
  19. Force Majeure. Except as otherwise provided herein, any provision of this Agreement may be amended or waived only by a writing executed by both parties. Except for payment obligations, neither party shall be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond such party’s reasonable control, including, without limitation, the elements; fire; flood; severe weather; earthquake; vandalism; accidents; sabotage; power failure; denial of service attacks or similar attacks; Internet failure; acts of God and the public enemy; acts of war; acts of terrorism; riots; civil or public disturbances; strikes lock-outs or labor disruptions; any laws, orders, rules, regulations, acts or restraints of any government or governmental body or authority, civil or military, including the orders and judgments of courts.
  20. Assignment. Neither party may assign or otherwise transfer any of its rights or obligations hereunder without the other party’s consent, which shall not be unreasonably delayed or withheld; provided that, Beans.ai may assign all or part of its rights and obligations hereunder without consent to any of its affiliates or to any successor to substantially all of its assets or business relating to this Agreement. Any attempted assignment in violation of this provision shall be null and void. Notwithstanding the foregoing, Beans.ai may utilize subcontractors in the performance of its obligations hereunder.
  21. No Agency. No agency, partnership, joint venture, or employment relationship is created as a result of this Agreement and neither party has any authority of any kind to bind the other in any respect.
  22. Severability. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. The failure of either party to act with respect to a breach of this Agreement by the other party shall not constitute a waiver and shall not limit such party’s rights with respect to such breach or any subsequent breaches.


Exhibit A

Beans.ai Support and Availability Policy

This Support and Availability Policy (the “Policy”) sets forth the policies and procedures with respect to services (the “Service”) provided by Beans.ai to a customer (“Customer”) pursuant to a separate Service agreement between Beans.ai and Customer (a “Customer Agreement”).

Summary

As further described below, Beans.ai will use commercially reasonable efforts to: (i) provide Customer with 99.9% availability to the Service (the “Service Availability”); and (ii) provide standard support to Customer.

Availability

If the Service becomes substantially unavailable to Customer due to defects with the Service, Beans.ai will respond to Customer (i) within forty-eight (48) hours from Customer’s notification to Beans.ai of such unavailability, if during normal business hours (Monday-Friday, 9:00 am – 6:00 pm Pacific), or (ii) within forty-eight (48) hours of the start of the next business day, if outside of normal business hours.

Support

If the Customer becomes aware of a defect with the Service, Beans.ai will respond to Customer (i) within forty-eight (48) hours from Customer’s notification to Beans.ai of such defect, if during normal business hours (Monday-Friday, 9:00 am – 6:00 pm Pacific), or (ii) within the start of the next business day, if outside of normal business hours. Beans.ai will use commercially reasonable efforts to resolve such defects within seven (7) days in accordance with Beans.ai support and service policy, which may be updated from time to time.

Any other support services are outside of the scope of this policy and must be separately agreed in writing by Customer and Beans.ai.