bEAM CLOUD – TERMS OF SERVICE
Last Updated: 01/01/2026
These bEAM Cloud Terms of Service (“Agreement”) are entered into between Bimser International Corporation and/or its affiliates (“Bimser Technology Solutions FZ-LLC”, “Bimser Çözüm Yazılım Tic. A.Ş.”, Bimser”, “We”) and the individual or legal entity using the bEAM Cloud service (“Customer”, “You”). By:
(i) approving an Order Form,
(ii) subscribing to bEAM Cloud, or
(iii) accessing or using bEAM Cloud,
Customer acknowledges that it has read, understood, and agrees to be bound by this Agreement.
If Customer accepts this Agreement on behalf of a company or organization, Customer represents and warrants that it has the authority to bind such entity.
1- DEFINITIONS
1.1 “bEAM Cloud” means the cloud-based CMMS/EAM software service provided by Bimser, including maintenance management, asset management, work order management, inventory control, task scheduling, reporting, integration APIs, and related web/mobile applications.
1.2 “Bimser AI Services” means the AI-powered analytics, prediction, recommendation, automation, text generation, and similar artificial intelligence features made available within bEAM Cloud.
1.3 “Customer Content” means all data, documents, work orders, asset details, inventory records, user inputs, files, and any other content uploaded, entered, transmitted, or generated via bEAM Cloud by Customer or its Users.
1.4 “User” means any employee, contractor, consultant, supplier, or third party authorized by Customer to access bEAM Cloud.
1.5 “Subscription” means the time-limited, user-based right to access bEAM Cloud purchased by Customer.
1.6 “Subscription Term” means the period during which Customer is authorized to use bEAM Cloud as specified in the applicable Order Form.
1.7 “Order Form” means a written or electronic order document approved by both parties specifying the bEAM Cloud package, number of users, additional modules, Professional Services, and fees.
1.8 “Professional Services” means implementation, training, consulting, data migration, custom integrations, and other professional services provided separately from bEAM Cloud.
1.9 “Third-Party Services” means services integrated with bEAM Cloud but not owned or controlled by Bimser, including cloud infrastructure providers, security services, ERP/CRM products, IoT platforms, and other software/services.
1.10 “Confidential Information” means any commercial, financial, technical, operational, strategic, pricing, customer, or other information disclosed between the parties that is marked confidential or would reasonably be understood to be confidential.
1.11 “Malicious Code” means viruses, trojans, worms, spyware, harmful scripts, or any other malicious software or code.
1.12 “Trial” means the temporary, free, or limited-feature access provided to Customer for testing bEAM Cloud.
2- PROVISION OF SERVICE
2.1 Service Scope
Bimser provides bEAM Cloud to Customer in accordance with the package and scope defined in the Order Form. bEAM Cloud is delivered as a SaaS (Software as a Service) solution accessible via the internet in a multi-tenant or logically isolated architecture. No source code or ownership rights are transferred.
2.2 Service Delivery
Bimser will use commercially reasonable efforts to ensure secure, continuous, and performant operation of bEAM Cloud. Planned maintenance or upgrades may temporarily restrict access; Bimser will make reasonable efforts to perform such maintenance during low-usage periods and notify Customer when feasible.
2.3 Right to Modify
Bimser may improve, update, modify, or enhance bEAM Cloud’s interface, modules, licensing model, integrations, or infrastructure. Changes that do not materially degrade Customer’s essential use rights may be made at Bimser’s discretion. If a material negative impact occurs, Customer may terminate the Agreement within 30 days of notice.
2.4 Trials
Trial versions are provided:
(a) “as is”,
(b) without warranties or support obligations, and
(c) without any obligation for Bimser to retain data after the Trial ends.
Customer must back up any data before the Trial expiry.
2.5 Use of Bimser AI Services
Customer is responsible for the accuracy and legality of all inputs (“AI Inputs”) submitted to Bimser AI Services. Bimser is not liable for decisions, losses, or damages arising from AI-generated outputs (“AI Outputs”). AI Outputs do not constitute professional advice in engineering, safety, finance, legal, or other fields.
AI processing may involve third-party AI infrastructure providers; data will be processed only as necessary to generate the relevant AI Output.
2.6 Professional Services
Implementation, training, consulting, data migration, custom integrations, and similar Professional Services are charged separately and governed by an Order Form or separate services agreement.
2.7 Third-Party Services
bEAM Cloud may integrate with third-party systems such as cloud hosting, identity providers, ERP/CRM platforms, or IoT solutions. Their use is subject to the respective third party’s terms. Bimser is not responsible for the availability, security, performance, or data loss arising from Third-Party Services.
3- CUSTOMER OBLIGATIONS & ACCEPTABLE USE
3.1 Use of bEAM Cloud
Customer must use bEAM Cloud solely for its internal business operations and in compliance with this Agreement and applicable laws. Customer is responsible for:
(a) compliance of all Users,
(b) confidentiality of access credentials,
(c) notifying Bimser of any unauthorized access, and
(d) legality and accuracy of all Customer Content.
3.2 Prohibited Activities
Customer and Users may not:
(a) sublicense, rent, sell, or provide bEAM Cloud as a service bureau,
(b) reverse engineer, decompile, or attempt to access source code,
(c) upload Malicious Code or disrupt system integrity,
(d) use bEAM Cloud for unlawful, defamatory, obscene, discriminatory, or harmful content,
(e) evaluate or use the service to create competing products,
(f) share a User account among multiple individuals.
3.3 Customer Content
Customer represents that it owns or has proper authorization to use Customer Content and remains solely responsible for legal compliance (including IP, trade secrets, confidentiality, competition laws, etc.). Bimser does not monitor or validate Customer Content but may restrict access or remove unlawful content.
3.4 Personal Data & Privacy
bEAM Cloud may process personal data. Accordingly:
(a) Customer acts as the data controller under applicable law and is responsible for notices, consents, data subject rights, and all compliance obligations.
(b) Bimser generally acts as a data processor and processes personal data only as instructed and only to deliver the service.
Both parties agree to comply with applicable data protection laws.
4- FEES & PAYMENT TERMS
4.1 Fees
Subscription, Professional Services, and additional module fees are defined in the Order Form. Fees are prepaid and non-refundable unless expressly stated otherwise.
4.2 Invoicing & Payment
Invoices must be paid within 30 days unless otherwise stated in the Order Form. Late payments may incur statutory or commercial default interest.
4.3 Additional Users & Expansions
Customer may add users, modules, or capacity via an additional Order Form or authorized functionality within bEAM Cloud. Fees for additions are prorated for the remainder of the Subscription Term.
4.4 Taxes
All fees are exclusive of VAT and other applicable taxes, which shall be borne by Customer. Bimser is responsible for its own income taxes.
4.5 Professional Services Fees
Professional Services may be billed on a daily/hourly rate or fixed project basis. Customer agrees to reimburse reasonable travel and accommodation expenses for onsite services.
5- INTELLECTUAL PROPERTY RIGHTS
5.1 Customer Content
Customer retains all rights to Customer Content and grants Bimser a limited license to use such content solely to provide and improve bEAM Cloud. Bimser does not sell, license, or share Customer Content with third parties except as required to deliver the service.
5.2 bEAM Cloud & Bimser AI Services
All IP rights in bEAM Cloud, Bimser AI Services, updates, modules, interfaces, and documentation belong exclusively to Bimser. No ownership or source code rights are granted to Customer—only a limited subscription license.
5.3 Feedback
Any feedback, suggestions, or improvement ideas provided by Customer may be used by Bimser freely, worldwide, perpetually, and without compensation.
6- CONFIDENTIALITY
6.1 Protection Obligations
Each party agrees to:
(a) use Confidential Information solely for performing this Agreement,
(b) not disclose it to third parties except authorized subcontractors,
(c) protect it with at least the same degree of care used for its own confidential information.
6.2 Exceptions
Confidential Information does not include information that:
(a) becomes public through no fault of the receiving party,
(b) was already lawfully known,
(c) is lawfully obtained from a third party,
(d) is independently developed.
6.3 Legal Disclosure
If legally required to disclose Confidential Information, a party will notify the other when permitted and disclose only what is legally required.
6.4 Breach
In case of breach, the injured party may seek indemnification and injunctive relief.
7- REPRESENTATIONS, WARRANTIES & DISCLAIMERS
7.1 Mutual Representations
Each party represents it has authority to enter this Agreement and that doing so does not violate other agreements.
7.2 Customer Representations
Customer represents that its use of bEAM Cloud and Bimser AI Services complies with applicable laws and does not infringe third-party rights.
7.3 Bimser Warranty
Bimser warrants that bEAM Cloud will be provided with reasonable care and skill in accordance with industry standards.
7.4 Disclaimer
bEAM CLOUD AND BIMSER AI SERVICES ARE PROVIDED “AS IS.”
To the fullest extent permitted by law, Bimser disclaims all implied warranties, including merchantability, fitness for a particular purpose, uninterrupted operation, and error-free performance.
7.5 AI Disclaimer
AI Outputs:
(a) may not always be accurate or complete,
(b) are informational only,
(c) do not replace expert advice.
Customer must independently evaluate any AI Outputs before use.
8- INDEMNIFICATION
8.1 Bimser Indemnity
Bimser will indemnify Customer against third-party claims alleging that Customer’s authorized use of bEAM Cloud infringes valid intellectual property rights. Bimser may:
(a) defend the claim,
(b) modify bEAM Cloud to remove infringement,
(c) obtain a license, or
(d) terminate the affected module and issue a prorated refund.
8.2 Customer Indemnity
Customer will indemnify Bimser for claims arising from:
(a) unlawful Customer Content,
(b) misuse of bEAM Cloud or Bimser AI Services,
(c) violations of data protection, IP, or competition laws.
8.3 Procedure
The indemnified party must provide notice, allow control of defense, and cooperate.
9- LIMITATION OF LIABILITY
9.1 No Indirect Damages
To the extent permitted by law, Bimser is not liable for loss of profits, business interruption, loss of data, reputation loss, goodwill loss, or other indirect damages.
9.2 Liability Cap
Bimser’s total liability under this Agreement is limited to the total subscription fees paid by Customer for the three (3) months preceding the incident giving rise to the claim.
9.3 Exceptions
Liability limitations do not apply in cases of gross negligence, willful misconduct, or severe confidentiality breaches.
10- TERM & TERMINATION
10.1 Term
This Agreement becomes effective upon Customer’s first use of bEAM Cloud or acceptance of an Order Form and remains in effect as long as an active Subscription exists.
10.2 Renewal
Unless otherwise stated, Subscriptions renew automatically for the same duration. Customer may opt out by giving written notice at least 30 days prior to renewal.
10.3 Termination for Cause
Either party may terminate for cause if:
(a) the other party materially breaches and fails to cure within 30 days,
(b) bankruptcy or insolvency proceedings are initiated,
(c) Customer delays payment for more than 15 days after written notice,
(d) bEAM Cloud is used unlawfully.
10.4 Effects of Termination
Upon termination:
(a) Customer’s access to bEAM Cloud is disabled,
(b) all outstanding amounts become due,
(c) Bimser will allow data export for 15 days; afterwards, data may be permanently deleted.
10.5 Survival
Confidentiality, IP, limitation of liability, indemnification, and governing law clauses survive termination.
11- GENERAL TERMS
11.1 Independent Contractors
The parties act as independent contractors; this Agreement does not create partnership, agency, or employment.
11.2 Assignment
Customer may not assign this Agreement without Bimser’s written consent. Bimser may assign it to affiliates, or in case of merger, acquisition, or restructuring.
11.3 Force Majeure
Neither party is liable for failure to perform due to events beyond reasonable control including natural disasters, war, civil unrest, strikes, internet backbone failures, government actions, pandemics, or major cyberattacks. If force majeure lasts 30+ days, either party may terminate.
11.4 Amendments
Bimser may update this Agreement. Updates will be communicated via bEAM Cloud or email. If Customer does not accept changes, Customer may decline renewal.
11.5 Severability
Invalid provisions will be replaced with valid terms closest to the intended meaning.
11.6 No Waiver
Failure to enforce a right does not constitute waiver.
11.7 No Third-Party Beneficiaries
This Agreement creates no rights for third parties.
12- GOVERNING LAW & JURISDICTION
12.1 Governing Law
This Agreement is governed by the laws of the Republic of Türkiye.
12.2 Jurisdiction
The exclusive jurisdiction for any dispute arising out of or relating to this Agreement shall be the Courts and Enforcement Offices of Kocaeli / Izmit, Türkiye.
