Behavee Analytics / Behavee Tools / Behavee Performance Terms and Conditions

PLEASE READ THESE TERMS CAREFULLY AND IN FULL. THEY CONTAIN IMPORTANT CONDITIONS AND RESTRICTIONS ON THE AVAILABILITY OF THE BEHAVEE ANALYTICS / BEHAVEE TOOLS / BEHAVEE PERFORMANCE SUBSCRIPTION.

Effective as of 21 April 2021

1. Introduction

The Behavee Analytics / BehaveeTools / Behavee Performance subscription (the “Behavee Analytics / Behavee Tools / Behavee Performance Subscription”) is made available by Behavee (“Behavee”), subject to these terms and conditions (the “Behavee Analytics / Behavee Tools / Behavee Performance Terms”), and in accordance with the Behavee Terms and Conditions (Terms of service) which are hereby incorporated by reference. Capitalized terms used but not defined herein shall have the same meaning given to them in the Behavee Terms and Conditions. In case that none of the service Subscription variants suites you, please contact our Sales department for individual variant of service Subscription Behavee Profi (info@behavee.com; +420 212 249 907).

The Behavee Analytics / Behavee Tools / Behavee Performance Subscription entitles the account holder (“Customer”) in Behavee portal access the Behavee Analytics / Behavee Tools / Behavee Performance service, a form of Paid Subscription, from the moment that you activate the primary account by submitting your payment details and paying the advertised price (with the exception of Behavee Analytics – this service Subscription is Free and is activated by registration of your account in Behavee portal). By submitting your payment details, you:

  1. consent to us using your payment details in accordance with our Privacy Policy (Privacy policy);

  2. acknowledge and agree to these Behavee Analytics / Behavee Tools / Behavee Performance Terms; and

  3. agree to the storage of payment data on the GoPay payment gateway side (GoPay handles the data according to the international security standard PCI-DSS Level).

2. Service eligibility

A. Only the holder of Behavee portal account is eligible for the Behavee Analytics / Behavee Tools / Behavee Performance Subscription.

 

B. In order to use the functionalities of the Service, it is necessary to enable the Provider to collect analytical data from websites in relation to which the Customer intends to use the Service ("Customer pages").

 

C. The Service is always provided in principle in relation to specific Customer pages. The Customer is entitled to use the Service only in relation to the Customer pages, which he owns or operates, or the rights of a similar nature testify to them.

 

D. Behavee reserves the right to terminate or suspend access to the Behavee Analytics / Behavee Tools / Behavee Performance service immediately and at any time if you fail to meet the eligibility criteria and as otherwise set out in the Behavee Terms and Conditions.

 

E. Behavee reserves the right to terminate access to Behavee Analytics / Behavee Tools / Behavee Performance at any time with immediate effect without giving a reason within 30 days of activating the service. In such a case, the Customer is refunded the subscription fees already paid in full (payment fee and handling fee are deducted), but not the funds used for the Customer's marketing campaigns.

 

F. In the event that the Customer does not pay the fee for the Subscription within the defined period, Behavee will inform the Customer with a request for payment. If Customer does not respond to this request within the specified time, Behavee reserves the right to terminate or suspend Customer's marketing campaigns and / or access to the service with immediate effect.

 

G. In the event that at any time during the course of the Subscription is interrupted in accordance with the terms of the Behavee Analytics / Behavee Tools / Behavee Performance subscription or the Behavee General Terms and Conditions and the subscription is terminated / suspended and the subscription terms and / or prices have changed in the meantime, the Customer loses the right to the original terms and conditions and can renew his subscription only with the new, changed terms and conditions.

3. Cancellation

You may cancel the Behavee Tools / Behavee Performance Subscription at any time by logging into your Behavee portal account, section "subscription" and following the prompts on the Account page. By cancelling the Behavee Tools / Behavee Performance Subscription, your account will automatically be downgraded to the Behavee Free Service (Behavee Analytics).

4. Availability of the Behavee Analytics / Behavee Tools / Behavee Performance Subscription

Behavee reserves the right to terminate, modify or suspend the Behavee Analytics / Behavee Tools / Behavee Performance Subscription in whole or in part at any time and for any reason. After such time, Behavee shall not be obligated to maintain or permit any further subscriptions to the Behavee Tools / Behavee Performance Subscription

5. Other Restrictions and conditions

A. There are no refunds for partial monthly subscriptions.

 

B. Behavee will communicate any price changes to you, and you can accept or reject such price changes, in accordance with the Behavee Terms and Conditions.

 

C. If you are a holder of Behavee Tools Subscription, by switching to Behavee Performance Subscription you acknowledge and agree that at the end the respective month, the price of Behavee Performance Subscription will be charged. No refunds are available for changing from your current Subscription plan before the end of your paid subscription period.

 

D. If you are a holder of Behavee Performance Subscription, the amount of the fee depends on the volume of funds invested in marketing campaigns. For the calculation of the amount of the variable fee, revenues demonstrably linked to marketing campaigns realized by Behavee are considered to be all such revenues that come from campaigns that are created, managed and realized by Behavee for the Customer and labelled Behavee.

 

E. If you are the holder of Behavee Performance subscription for a fixed fee (monthly amount of funds invested in marketing campaigns – from CZK 15,000 / month up to CZK 30,000 / month) and in a given month the funds invested in marketing campaigns exceed the limit of CZK 30,000 / month (inclusive), then take note that next month you will be automatically transferred to a fee, which is variably determined, in the amount of 7% (plus VAT) of the revenues (excl. VAT and fees for shipping) demonstrably linked to the campaigns implemented by Behavee.

 

F. Subscription for Behavee Tools and Behavee Performance for a fixed fee (volume of funds invested in marketing campaigns – from CZK 15,000 / month up to CZK 30,000 / month) is payable immediately upon purchase of the Subscription and then paid as a subscription at the beginning of each following month. The Behavee Performance Subscription for a variable fee (funds invested in marketing campaigns – over CZK 30,000 / month (inclusive)) is payable retrospectively after the end of the month and is determined on the basis of actual revenues from campaigns that are created, managed and implemented by Behavee for the Customer and labelled Behavee.

 

G. If you are the holder of Behavee Performance subscription for a variable fee (funds invested in marketing campaigns – over CZK 30,000 / month (inclusive)) and you decide to cancel the subscription during the month (or the subscription is cancelled for any another reason), a fee will be charged retrospectively after the end of the month on the basis of actual revenues (excl. VAT and fees for shipping)) from campaigns that are created, managed and implemented by Behavee for the Customer and labelled Behavee in a given month, until the date of cancellation of the subscription.

 

H. To calculate the exact value of the variable fee of 7% is used as a source of information campaigns implemented in Behavee (Shoptet platforms, Shopify, ...) or Google Analytics (other platforms / customized solution / in case on need also Shoptet, Shopify, …).

 

I. All fees are automatically charged to the card entered during the registration of the Customer (or changed in the settings) and invoiced to the Customer. In case that the fee exceeds CZK 30,000 / month, it is not automatically charged to the Customer card, but the invoice is issued to the Customer. Invoice is delivered to the Customer in electronic form in Behavee portal. The customer is informed by Behavee about the invoice immediately after it is issued.

 

J. In the event that a payment from a Customer for a Behavee Performance Subscription service that is automatically deducted from the card is in arrears, then:

  1. a reminder of the missing payment is sent to the Customer in electronic form to the e-mail entered during the Customer registration;

  2. the Customer is contacted by telephone to the telephone contact specified during the Customer registration;

  3. a last reminder of the missing payment is sent to the Customer in electronic form to the e-mail entered during the Customer registration with the information that if the payment is not paid within 2 (two) calendar days, all marketing campaigns will automatically be terminated, and the Customer will lose the right to Guarantee;

  4. all Customer marketing campaigns are terminated, and the Customer lost the right to Guarantee;

  5. Behavee may demand from the Customer interest on arrears in the amount of 0.5% of the amount due for each day of delay.

 

 

K. In the event that a payment from a Customer for a Behavee Performance Subscription service on the basis of an invoice –  tax document is in arrears, then:

  1. On the due date of the invoice, the Customer is sent a reminder of the missing payment in electronic form to the e-mail entered during the Customer registration;

  2. On the first day after the invoice is due, the Customer is contacted by telephone to the telephone contact specified during the Customer registration with the information that if payment is not paid within 2 (two) calendar days, all marketing campaigns will automatically be terminated, and the Customer will lose the right to Guarantee;

  3. On the third day after the due date, all Customer marketing campaigns are terminated, and the Customer lost the right to Guarantee;

  4. Behavee may demand from the Customer interest on arrears in the amount of 0.5% of the amount due for each day of delay when the invoice is overdue.

 

L. Behavee Analytics and Behavee Tools services are limited based on traffic (number of user accesses) on Customer's Customer pages. The limit is set at 30,000 pageviews per day. In the event that this limit is exceeded, the Customer will be contacted individually by Behavee to agree on individual price and other conditions.

6. Guarantee for services (valid for Behavee Performance (fixed fee) Subscription; not for free service Behavee Analytics, Behavee Tools and Behavee Performance (variable fee) Subscriptions)

A. A guarantee ("Guarantee") for the provided services is available to Behavee Customers upon payment of a Behavee Performance for a fixed fee (volume of funds invested in marketing campaigns – up to CZK 30,000 / month)Subscription.

 

B. Behavee guarantees a refund if the results are not met, under the following conditions:

  1. Customer agrees to use the Behavee Performance Service for a minimum of 3 consecutive months. The first payment for the service is counted as the beginning of the use.

  2. Failure to meet the results of Behavee Performance Service means that Behavee has fully and independently managed Customer's campaigns and cumulatively over 3 months, these campaigns have not generated Customer ROAS („return on ad spend“) = 2. (Example: If CZK 45,000 was spent on a Facebook campaign via the Customer's Facebook account for 3 months and during this period its revenues demonstrably associated with this campaign did not reach CZK 90,000, then it is understood that the service did not meet the results).

  3. In the event that the results are not met within 10 days of the end of the campaigns, Customer has the right to issue a Credit Note to Behavee for the fix amount of CZK 10,000.

  4. If the service lasts longer than 3 months, the last 3 months of the paid service are always considered for the Guarantee.

  5. Customer undertakes to provide all necessary cooperation and assistance to Behavee, in particular to make available the advertising tools needed to perform the service. If he does not do so within 3 working days from the beginning of the use of the service, which is from the first payment for the service, the Customer loses the right to the Guarantee.

  6. Customer undertakes to actively communicate about the campaigns with Behavee and to warn Behavee of any possible obstacles that would affect the outcome of the service. This includes, for example, the withdrawal of access to advertising tools, ecommerce outages, failure to secure the agreed amount of funds for campaigns and other factors that prevent or restrict the realization of campaigns. In the event of obstacles in the performance of the service, the Customer loses the right to the Guarantee.

  7. Customer will spend a minimum of CZK 15,000 / month within Behavee Performance Subscription for marketing campaigns for a minimum of 3 consecutive months.

C. This Guarantee is valid for the duration of the subscription to Behavee Performance service and provided the above conditions are met. If the subscription is terminated for any reason, this Guarantee will expire.

D. In the event that at any time during the course of Subscription is interrupted in accordance with the terms of the Behavee Performance Subscription or the Behavee Terms and Conditions and the subscription is terminated / suspended, the Customer loses the right to a Guarantee.

 

Provider: Behavee Ltd., headquartered Nádražní 402, 273 04 Kačice,

IČO: 07178581, a company registered in the Commercial Register kept by the Municipal Court