By using BeeCalm or any Belleau Technologies, LLC product (including, but not limited to BeeCalm, PromptSmart Lite, PromptSmart Pro, PromptSmart ESP, PromptSmart Pro Extended, PromptSmart Remote Control, and PromptSmart Studio Edition – referred to as “covered products”), you are consenting to the following Privacy Policy and Terms of Service.
This privacy policy governs your use of all covered products. We design our apps to use the minimum amount of user information or device information needed for us to provide our customers with an excellent experience. We are not profiling you without your knowledge. We do not sell customer information lists or usage information to any third parties. At all phases of our business, we take reasonable steps to protect your information.
The owner of all information collected from BeeCalm is Belleau Technologies LLC.
BeeCalm only contains information you provide us about yourself in your account, such as your email address and password. Any mixes created in BeeCalm by users shall not be proprietary in anyway, and Belleau is granted an irrevocable license for any legal purpose, including, but not limited to, viewing, listening, reproducing, publicly performing, downloading, or analyzing mixes made in BeeCalm for any legal purpose, including for commercial purposes. By using BeeCalm, customers disclaim any copyright claim against Belleau with regard to the sounds in the app and combinations thereof.
BeeCalm collects information about usage of the app, including but not limited to the play frequency of the sounds. BeeCalm also may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile devices unique device ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browsers you use, and information about the way you use BeeCalm.
Anonymized data is periodically transmitted to external services in order to help us improve the Application and our service. We will share your information with third parties only in the ways that are described in this privacy statement, or as otherwise required by law. We may disclose User-Provided and/or Automatically-Collected Information:
If you wish to withdraw your consent to the automatic collection of usage information and other metrics, you may do so easily by uninstalling our Applications. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network.
We retain User-Provided data for as long as you use our Applications and for a reasonable time thereafter. We will retain Automatically-Collected indefinitely and will respond to reasonable requests to delete such information..
Children’s Online Privacy Protection Act (COPPA) Compliance:
We do not use the Application to knowingly solicit data from or market to children under the age of 13. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us at info@beecalm.app. We will delete such information from our files within a reasonable time.
We are concerned about safeguarding the confidentiality of your information. We provide physical, electronic, and procedural safeguards to protect information we process and maintain. For example, we limit access to your information to authorized employees and contractors who need to know that information in order to operate, develop, or improve our covered products. Please be aware that, although we endeavor to provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches.
This Privacy Policy may be freely amended for any reason. We will notify you of any changes to our Privacy Policy by posting our most current Privacy Policy on the promptsmart.com website and by providing conspicuous links to the posted policy within our Applications. You are advised to consult this Privacy Policy regularly for any changes, as continued use of our Applications is deemed to be a consent to the terms of this policy.
By using the Application, you are consenting to our processing of your information as set forth in this Privacy Policy now and as amended by us. "Processing,” means using cookies on a computer/hand held device or using or touching information in any way, including, but not limited to, collecting, storing, deleting, using, combining and disclosing information, all of which activities will take place in the United States. If you reside outside the United States your information will be transferred, processed and stored in the United States under United States privacy standards. If you have any questions regarding privacy while using the Application, or have questions about our practices, please contact us via email at info@beecalm.app.
Belleau Technologies, LLC provides all covered products and on an "as is" and “as available” basis. Belleau Technologies, LLC and its parents, subsidiaries and affiliates, and each of their officers, directors, employees, agents, mandataries, partners and licensors (the “Belleau Technologies, LLC parties”) disclaim all warranties and conditions of any kind, whether express, implied or statutory, or arising from statute, course of dealing, usage of trade or otherwise, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, non-infringement, integration, interoperability or quiet enjoyment. The Belleau Technologies, LLC parties make no representations or warranties about the accuracy or completeness of the information contained in BeeCalm. The Belleau Technologies, LLC parties do not warrant that the functions of the apps will be uninterrupted or error-free, that defects will be corrected, or that the apps or the servers that make the apps available will be free of viruses or other harmful components. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. You understand and agree that you use the apps at your own discretion and risk and that you will be solely responsible for any damages that arise from such use. Under no circumstances shall the Belleau Technologies, LLC parties be liable for any indirect, special, incidental, consequential or punitive damages of any kind, or any other damages whatsoever (however arising, including by negligence), including without limitation, damages related to use, misuse, reliance on, inability to use and interruption, suspension, or termination of any of the apps services and damages resulting from loss of use or data, whether or not the Belleau Technologies, LLC parties have been advised of such possibility and regardless of whether such damages were foreseeable. Your only right with respect to any dissatisfaction with the apps shall be to terminate your use of such services. In no event shall the Belleau Technologies, LLC parties’ total liability to you for all claims arising under these terms or your use of the apps exceed the total amount paid by you to Belleau Technologies, LLC for use of the apps during any one month. Some jurisdictions do not allow the exclusion of liability for incidental or consequential damages, so the above exclusions may not apply to you. You understand that your use of the apps may involve known and unanticipated risks that could result in injury or other consequential damages and you assume all such risks and dangers and all responsibility for any losses and/or damages that in any way arise from or are related to your use of the apps. You acknowledge and agree that Belleau Technologies, LLC has offered the apps, set its prices, and entered into these terms in reliance upon the foregoing warranty disclaimers and the limitations of liability. You further acknowledge and agree that the warranty disclaimers and the limitations of liability set forth in these terms reflect a reasonable and fair allocation of risk between you and Belleau Technologies, LLC, and that the warranty disclaimers and the limitations of liability set forth in these terms form an essential basis of the bargain between you and Belleau Technologies, LLC. Belleau Technologies, LLC would not be able to provide the apps to you on an economically reasonable basis without these limitations and disclaimers.
Belleau Technologies, LLC reserves the right at any time to modify or discontinue, temporarily or permanently, the apps (or any portion thereof) with or without notice. You agree that the Belleau Technologies, LLC parties shall not be liable to you or any third party for any modification, suspension or discontinuance of the apps (or any portion thereof). You understand and agree that you use the apps at your own discretion and risk and that you will be solely responsible for any damages that arise from such use. Under no circumstances shall the Belleau Technologies, LLC parties be liable for any indirect, special, incidental, consequential or punitive damages of any kind, or any other damages whatsoever (however arising, including by negligence), including without limitation, damages related to use, misuse, reliance on, inability to use and interruption, suspension, or termination of any of the apps services and damages resulting from loss of use or data, whether or not the Belleau Technologies, LLC parties have been advised of such possibility and regardless of whether such damages were foreseeable. Your only right with respect to any dissatisfaction with the apps shall be to terminate your use of such services. In no event shall the Belleau Technologies, LLC parties’ total liability to you for all claims arising under these terms or your use of the apps exceed the total amount paid by you to Belleau Technologies, LLC for use of the apps during any one month. Some jurisdictions do not allow the exclusion of liability for incidental or consequential damages, so the above exclusions may not apply to you. You understand that your use of the apps may involve known and unanticipated risks that could result in injury or other consequential damages and you assume all such risks and dangers and all responsibility for any losses and/or damages that in any way arise from or are related to your use of the apps. You acknowledge and agree that Belleau Technologies, LLC has offered the apps, set its prices, and entered into these terms in reliance upon the foregoing warranty disclaimers and the limitations of liability. You further acknowledge and agree that the warranty disclaimers and the limitations of liability set forth in these terms reflect a reasonable and fair allocation of risk between you and Belleau Technologies, LLC, and that the warranty disclaimers and the limitations of liability set forth in these terms form an essential basis of the bargain between you and Belleau Technologies, LLC. Belleau Technologies, LLC would not be able to provide the apps to you on an economically reasonable basis without these limitations and disclaimers.
Belleau has taken due diligence to investigate intellectual property rights and is under a reasonable belief that it has unfettered, worldwide distribution rights on all audio content in BeeCalm. If you are a rights-holder and you believe content in BeeCalm infringes on your rights, please contact us and we will do our best to come to a fair resolution: info@beecalm.app. Belleau created, and thus owns all trademarks in the BeeCalm name and the Qi the bee mascot. All other trademarks not owned by Belleau Technologies, LLC that appear on the apps are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Belleau Technologies, LLC. Many images associated with the BeeCalm sounds were generated with AI under terms of use which allow for distribution in a commercial product such as BeeCalm. After performing more than adequate due diligence, Belleau either owns or has the rights to display and perform all of the audio/visual content made available in BeeCalm. Belleau shall not indemnify you for claims made by third parties.
BeeCalm is free to download. You can use the BeeCalm app free for up to 36 hours. After this free trial, you can choose to purchase more time in the form of “Honey” – or you can subscribe to our BeeKeeper plan for unlimited listening and access to seasonal content to be released later. A BeeCalm account is required to use the app and is free to create. Failure to pay any subscription dues may result in a termination of service without notice. Expiration of your Honey Jar may also result in a termination of service.
BeeCalm requires the internet to stream audio. Additional data charges may apply to your use of BeeCalm. Please be mindful of how you use your internet data.
By sending us any ideas, suggestions, documents or proposals ("feedback"), you agree that (i) your feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the feedback, (iii) we may have something similar to the feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publish, distribute and sublicense the feedback.
The apps or users of the apps may provide links to other websites or resources. You acknowledge and agree that the Belleau Technologies, LLC parties do not endorse and are not responsible for any content, advertising, products, services or other materials on or available through such sites or resources (“external materials”). External materials are subject to different terms and conditions and privacy policies, which you are responsible for reviewing. You further acknowledge and agree that the Belleau Technologies, LLC parties shall not be liable for any damage or loss caused by or resulting from use of or reliance on any external materials.
You agree to indemnify, defend, and hold the Belleau Technologies, LLC parties harmless from and against any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including attorneys' fees, arising out of or related to your use of the apps in violation of these terms and/or your interactions with other users of the apps, including, but not limited to, (a) any violation of the rights of any other person or entity by you, (b) any breach or violation by you of this terms, Belleau Technologies, LLC reserves the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
You will create a username and password as part of the registration process for BeeCalm. You are responsible for maintaining the confidentiality of your password and account and all activities that occur in connection with these. You agree to immediately notify Belleau Technologies, LLC of any actual or suspected unauthorized use of your password or account or any other breach of security. You agree that all information that you provide to Belleau Technologies, LLC as part of the registration process, including, but not limited to, your name and email address, is truthful, accurate and complete. You can notify us via email: info@beecalm.app
These terms and your relationship with Belleau Technologies, LLC under these terms shall be governed by and construed and enforced in accordance with the laws of the state of New York. The united nations convention on contracts for the international sale of goods is specifically excluded from application to these terms.
Any dispute or claim arising out of or relating in any way to these terms or your access to or use of the apps, including, but not limited to, the validity, applicability or interpretation of these terms (each, a “claim”), shall be resolved by a New York County supreme court and you waive any defense that this venue is inconvenient or that the court lacks personal jurisdiction over you. Notwithstanding anything to the contrary, Belleau Technologies, LLC may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect our intellectual property rights, whether in aid of, pending or independently of the resolution of any dispute.
If any provision of these terms is held to be invalid or unenforceable under applicable law, then such provision shall be construed, limited, modified or, if necessary, severed to the extent necessary to eliminate its invalidity or unenforceability, without in any way affecting the remaining parts of these terms. A provision of these terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of these terms shall in no manner affect such party's right at a later time to enforce the same. A waiver of any breach of any provision of these terms shall not be construed as a continuing waiver of other breaches of the same or other provisions of these terms. You and Belleau Technologies, LLC agree that any cause of action arising out of or related to the apps must commence within one year after the cause of action accrues. Otherwise, such cause of action shall be permanently barred.
BeeCalm contains an optional Beekeeper subscription. Depending on your chosen subscription period, either a $1.99 purchase or a $19.99 purchase will be applied to your iTunes account at the end of your introductory trial. Subscriptions will automatically renew unless canceled at least within 24-hours before the end of the current period. You can cancel anytime with your iTunes account settings. Any unused portion of a free trial will be forfeited if you purchase a subscription