Terms and conditions of use

of the Beeshake web application

The present text governs the general conditions of use of the Beeshake solution. It is automatically applied upon validation of the quote and is concluded between a customer (the Customer) and Beeshake (Cospirit Group) - unless a specific contract is concluded between the parties.

It details the services provided by Beeshake, the terms of the collaboration between Beeshake and the Customer, and other aspects of their business relationship. 

These conditions are very important and Beeshake will not provide its products or services unless the Customer agrees to them. 

By using the Subscription Service or Consulting Services, Customer agrees to these Terms of Use.

These Terms of Use are updated regularly. 

If the Customer has an active subscription to Beeshake, Beeshake will notify the Customer by sending an email notification. 

    • The Customer will find here clarifications of the key terms defined in this Agreement. It can be considered as a kind of contractual dictionary.
    • This section contains basic explanations of how the Subscription Service and Consulting Services work. For example, it contains information regarding access and acceptable use. These Terms and Conditions apply to all of Beeshake's product and service offerings.
    • In accordance with SaaS operation, Customers must subscribe to use Beeshake software and essential conditions apply to each subscription. They will find here the distinctions between the different types of subscriptions.


    • As mentioned above, this document is a contract and as such contains many legal terms. In this section, Beeshake has compiled the many remaining legal terms on which its Terms of Service are based.



Subsidiary" means any entity that directly or indirectly controls, is controlled by, or is under common control with, any Party to this Agreement. The term "control" as used herein means the direct or indirect ownership or control of more than 50% of the voting power of the subject entity.

The "Agreement" refers to these Terms of Service and all related documentation. 

The "Billing Period" is the period for which Customer agrees to prepay the fees detailed in a Purchase Order and whose duration is equal to or less than the Subscription Period, as specified in the Purchase Order. 

Consulting Services" are those professional services provided by Beeshake to Customer that may include training, installation or integration services or other consulting services.

Customer Data" is any information that Customer sends or collects through the Subscription Service. Customer Data does not include any Beeshake content.

Beeshake Content" means all information, data, text, messages, software, audio, music, video, photographs, graphics, images and tags that Beeshake incorporates into its Subscription Service or Consulting Services.

"Order" or "Order Form" is the Beeshake approved subscription form or process by which Customer agrees to subscribe to the Subscription Service and purchase Consulting Services. 

The "Products and Services Catalog" means the catalog of products and services offered by Beeshake.

The "Subscription Fee" is the amount the Customer pays for the Subscription Service.

The "Subscription Service" means all modules of the Beeshake application that are developed, operated and maintained in operational condition by Beeshake as well as any additional products or services, including hosting, provided by Beeshake to Customer.

The "Subscription Term" is the initial term of subscription to the Subscription Service as specified on Customer's Order Form(s), and any subsequent renewal terms, if any. For the Free Services, the Subscription Term is the period during which Customer has an account to access the Free Services.

Users" are employees, representatives, consultants, contractors or agents of Customer who are authorized to use the Subscription Service on its behalf and who have unique passwords and identifiers for the Subscription Service.

"Beeshake" and "the Company" refer to the applicable contracting entity as specified in the "The Customer" section.

"Customer" or "he" refers to the person or entity that uses the Subscription Service or benefits from the Consulting Services and is identified as a customer in the applicable account statement, billing statement, online subscription procedure or Order Form.



  1. Access

Throughout the Subscription Term, Beeshake provides access to the Subscription Service as described in this Agreement as well as in the applicable Order. Customer's Affiliates may access and use the Subscription Service or receive the Consulting Services purchased under this Order, provided that such access, use and receipt by such Affiliates is subject to and in compliance with the Agreement and Customer remains responsible at all times for such Affiliates' compliance with the terms of this Agreement.


  1. Additional features

Customer may subscribe to additional features or setting options of the Subscription Service by placing another Order or activating additional features from its Beeshake account, if Beeshake has made that option available. This Agreement applies to all Orders and additional features that Customer activates from its Beeshake account.


  1. Consulting services

In order for a Customer to obtain Consulting Services, Customer must place an Order with Beeshake. The fee for such Consulting Services is in addition to Customer's Subscription Fee. All Consulting Services are performed remotely, unless Beeshake agrees otherwise with Customer.

If any deliverables are included in the Purchased Consulting Services, it is estimated that such deliverables will be provided during the period indicated as the Delivery Period in the applicable description. Said delivery period shall commence on the date of purchase ("Delivery Period"). If no Expiration Period or Delivery Period is indicated, then the applicable period is one hundred eighty (180) days from the date of purchase.  

If the Consulting Services are not fully provided at the end of the Delivery Period because the Customer has failed to make the necessary resources available to Beeshake or because the Customer has defaulted on its obligations, such Consulting Services shall be deemed fully provided at the end of the Delivery Period. If the Consulting Services are not fully provided at the end of the Delivery Period because Beeshake has failed to make the necessary resources available to Customer or because it has defaulted on its obligations, the Delivery Period shall be extended to allow for the full provision of such Consulting Services.

Beeshake may provide some or all elements of the Consulting Services through third party service providers. The Consulting Services are non-cancelable and all fees for the Consulting Services are non-refundable.


  1. Fees and payments

  • Subscription fees


Subscription conditions

Your subscription becomes active as soon as your first payment is processed. Your subscription will automatically renew each month without notice until you terminate it. You authorize us to record your payment method(s) and automatically bill them each month until you cancel. We will automatically charge you the then-current rate for your plan, plus taxes (such as VAT or GST if the rate does not include it), each month upon renewal until you cancel.

We may change the rate of your plan at each monthly renewal and will notify you of any rate change with the option to cancel. If the applicable rate of VAT or GST (or any other tax or duty included) changes during your one month term, we will adjust the price of your plan including VAT or GST on your next billing date accordingly.

The Subscription Fee remains fixed for the initial Term of Customer's subscription, unless Customer exceeds the Maximum Users, the Email Limit, upgrades the basic products or packages or subscribes to additional products or features. 

Once increased, Customer's Subscription Fee will not be reduced, even if the number of Users or emails sent is subsequently reduced. More information is provided in the "Renewal Fee Adjustments" section below.


Subscription conditions

Your subscription becomes active as soon as your instance is deployed in a production environment. We may change the rate of your plan at each annual renewal and will notify you of any rate changes with the option to terminate. If the applicable VAT or GST rate (or any other tax or duty included) changes during your term, we will adjust your package price including VAT at your next billing date.

The Subscription Fee remains fixed for the initial Term of Customer's subscription, unless Customer exceeds the Maximum Users, the Email Limit, upgrades the basic products or packages or subscribes to additional products or features. 

Renewal Fee Adjustments. At the time of renewal, Beeshake may increase the fees applied to Customer within the current rates set forth in Beeshake's Products and Services Catalog. If so, Customer will be notified at least thirty (30) days prior to its renewal date and the increased fees will be applied at the beginning of the next renewal period. If Customer objects to this increase, either party may terminate the subscription at the end of the current term by following the notification procedure described in the section " Termination and Suspension of Subscription "below.

Payment by Invoice. If Customer pays by invoice, Beeshake will invoice Customer within forty-five (45) days prior to the commencement of the Subscription Term, and at each subsequent Billing Period, and at other times during the Subscription Term when charges are due. All invoiced amounts shall be paid within thirty (30) days of the invoice date, unless otherwise agreed to in the Purchase Order.

Payment Information. No payment obligation is terminable and no amount paid is refundable. All fees must be paid in advance throughout the Subscription Term.


  1. Termination and suspension of the subscription 

  • Termination for just cause

Either party may terminate this Agreement upon thirty (30) days' notice to the other party in the event of a material breach or serious default and if such breach or serious default is not cured within fifteen (15) days of receipt of a formal notice sent by the other party by registered letter with return receipt.

Beeshake may also terminate this Agreement for cause upon thirty (30) days' notice if Beeshake believes that Customer is acting or has acted in a manner that results in negative or harmful impact to Beeshake, its prospects or customers. 

Except as noted, this Agreement may not be terminated before the end of the Subscription Term.


  • Suspension for non-payment.

Beeshake will always send a notice of default for any amount due. Unless the full amount is paid, Beeshake may suspend a Customer's access to any or all of the Subscription Services ten (10) days after sending such notice. Beeshake will not suspend the Subscription Service so long as the Customer disputes the applicable charges in a reasonable and good faith manner and cooperates diligently to resolve the dispute. If a Subscription Service is suspended for non-payment, Beeshake may charge a reactivation fee to reinstate such service.


  • Suspension and Termination of Free Services.

Beeshake may suspend, limit or terminate the Free Services at any time for any reason without notice. Beeshake may also terminate a Customer's subscription to the Free Services for inactivity.


  • Consequences of Termination or Expiration.

After the expiration or termination of the Customer's subscription, the Customer may request that the Customer's Beeshake account be deleted by sending a request to clegales@beeshake.com. Customer will be subject to the terms of this Agreement for as long as Customer is able to access its Beeshake account.

Upon termination or expiration of this Agreement, Customer shall discontinue all use of the Subscription Service and Beeshake Content. Beeshake may offer Customer the opportunity to retrieve Customer Data after termination or expiration of this Agreement depending on the applicable subscription type. If Customer terminates this Agreement for cause, Beeshake will promptly refund to Customer any prepaid but unused fees covering use of the Subscription Service after termination. If Beeshake terminates this Agreement for cause, Customer shall promptly pay all outstanding fees due through the end of the Subscription Term. Otherwise, the fees are non-refundable.



  1. Types of subscriptions

Beeshake offers 2 types of subscriptions: 

(1) Monthly subscription (2) Annual subscription (for which the Customer commits to a number of users for 12 months).

  1. Changes

Beeshake may modify the Subscription Service from time to time, including adding or removing options and features to improve the Customer experience.

With respect to paid Subscriptions, Beeshake will not make any changes to the Service that would significantly reduce the functionality provided to the Customer during the Subscription Period.



  1. Property rights of Beeshake

This Agreement provides for use of and access to the Subscription Service, which does not grant Customer any license to use any software. The Subscription Service and Consulting Services are protected by intellectual property laws. These services belong to Beeshake. Customer agrees not to copy, rent, sell or distribute the Beeshake Content, Subscription Service or Consulting Services, in whole or in part, or create derivative works thereof, by any means, except as expressly authorized in writing by Beeshake. 

  1. Customer's property rights

As between the parties, Customer owns and retains all rights to the Customer Materials and Customer Data. This Agreement does not grant Beeshake any ownership rights in the Customer Materials and Customer Data. Customer authorizes Beeshake and its licensors to use the Customer Materials and Customer Data only to the extent necessary to provide Customer with the Subscription Service and Consulting Services and as otherwise permitted by this Agreement. If Customer elects to use the Subscription Service or Consulting Services on behalf of another party, Customer represents and warrants that it has all necessary rights and permissions to do so.

  1. Privacy 

The Parties agree to keep confidential all information of any kind exchanged, collected or created during the Subscription, for the duration of the Subscription and for a period of five (5) years after the end of the Subscription, for any reason whatsoever.

To this end, the Parties shall refrain from communicating all such information in any form whatsoever and for any purpose whatsoever and undertake to ensure that all of their managers, employees, agents and any subcontractors comply with this obligation. 

  1. Advertising

The Customer grants Beeshake the right to add his name and company logo to his Customer list and on his Website. He can however ask to be opposed to it by simple mail to contact@beeshake.com.

  1. Disclaimers and Limitation of Liability

Beeshake undertakes to compensate the Customer for any direct damage that the Customer may suffer in the event of non-execution or poor execution of the Order, caused by Beeshake or one of its employees.


Beeshake shall not be liable for any indirect or consequential damages, which is expressly accepted by the Customer.

 It is reminded that the Customer is solely and fully responsible for the use of the Service.


In any case, it is expressly agreed between the Parties that, subject to the applicable regulations, the total, all causes combined, of the indemnities, damages, costs of any kind that would be borne or paid by Beeshake in favor of the Customer, following a final decision rendered by a competent court, shall not exceed a global ceiling, all disputes included, of an amount equal to the sums, excluding taxes, paid by the Customer to Beeshake for the disputed Order during the six (6) months preceding the occurrence of the event.


Subscriptions, consulting services and the TOS are exclusively subject to French law.