Terms & Conditions

These terms and conditions detail Exploratorium SRL’s practices and commercial conditions for the website and application hosted on the domain metabeta.com and its subdomains (hereinafter referred to as Metabeta, the Site/Website, respectively App/Apps) and are intended to inform users of this subject. By using Metabeta, users acknowledge that they have become aware of and agree with these Terms and Conditions, the Cookie Policy, and the Privacy and Data Protection Policy published on Metabeta.

Last updated: July 12, 2022

Identification of the data controller

Name: Exploratorium SRL (hereinafter the Company, Owner, or Exploratorium)
Address: Str. Petru Poni nr. 10, Iași, 700523, Romania
Registration no.: J22/76/2018
Fiscal code: 38692014
Email: beta@metabeta.com

Contact details in the field of personal data protection

Any requests, notifications, or claims regarding these Terms and Conditions, the Privacy and the Data Protection Policy, the Cookie Policy, policies or operations performed by the Company, as well as any other information published on Metabeta, can be sent at the contact details indicated above. The deadline for the Company to send a response is no more than 30 days from the receipt of the request.

Consent of Metabeta users

  • These terms and conditions are undertaken by the Company, but also by the users of Metabeta (namely you) whether registered or not.
  • The use of Metabeta automatically implies accepting all terms and conditions set out below and of all the policies to which reference is made (where the law does not oblige additional steps to be made to express such acceptance), and assuming the obligation that the user has the right and the free & full ability to access Metabeta and to provide information to the Company.
  • If, however, the user does not accept or agree with all terms, conditions, and referred policies, they should not use Metabeta (the Site or the App).
  • Access to the Metabeta Site is completely free for any visitor, without the requirement of creating a user account.
  • However, if the user intends to actually benefit from the Metabeta App/Apps, not only to see the information and services offered by the Company, they must first register as a user and create an individual account.

Intellectual property rights

  • The Company or its suppliers own the intellectual property rights to any and all protectable components over Metabeta, including but not limited to the Metabeta and the Company names, the Data Beats Gut Feeling tagline, designs, artwork, end-user interface elements, software code, written content, workflows, processes, individual features, and any related documentation. Users may not copy, modify, adapt, reproduce, distribute, reverse engineer, decompile, or disassemble any aspect of Metabeta, without written approval from the Company.
  • Specifically, users may not copy, scrape, reproduce, or distribute Website/App data for any personal, educational, or commercial purposes, without written approval from the company.
  • Metabeta users shall not act in any way that could infringe the rights of the Company and undertake not to use any sign, symbol, name, slogan, design, written text, workflow, or process similar or identical to the ones used by the Company on Metabeta (including but not limited to “Metabeta” and “the Company”).
  • Also, the Company shall not be responsible in any way for the manner in which some users use any information (even personal data) from Metabeta, including personal business, or third-party data.
  • Furthermore, the Company shall not be held liable for any action of the user on Metabeta, which may affect in any way an intellectual property right or data privacy right of a third party, that user being the sole person responsible.
  • The Company claims no intellectual property rights over the content users upload or provide using Metabeta. However, by using Metabeta to publish and send content, users agree that others may view and share their content within the limitations that they can configure for all types of information. Any information that the user did not restrict in their profile (by assigning a specific privacy level such as Private, Approved Access, Team-Only, or other) is otherwise, by default, considered Public.

General commercial conditions

  • The use of the Metabeta, including any content, information, or functionality contained within it, is provided “as is” and “as available” with no representations or warranties of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Users assume total responsibility and risk for their use of Metabeta.
  • Users understand that Metabeta can be used for transmission of their personal or business content and that during processing, such content will be transferred encrypted over the internet.
  • Users understand that the Company uses third-party vendors and hosting partners to provide the necessary hardware, software, data & information, networking, storage, and related technology to run the service.
  • Users agree not to resell, duplicate, reproduce, or exploit any part of Metabeta without the explicit written permission of the Company.
  • Users may not use Metabeta to store, host, or send unsolicited emails (spam), chats, or any kind of unsolicited communication to other users or organizations on the platform. The Company is anti-spam compliant and does not authorize or permit unsolicited communication to be sent out via the automation service by users. If there is evidence of spam, the services might be suspended without notice. Accidental spam must immediately be reported to the Company to prevent account suspension.
  • Users may not use the service to transmit any viruses, worms, or malicious content.
  • The Company makes no warranties regarding
    • users’ ability to use Metabeta,
    • users’ satisfaction with Metabeta and its functionalities,
    • that Metabeta will be available at all times, uninterrupted, and error-free,
    • the accuracy of data on Metabeta,
    • the accuracy of mathematical calculations performed by Metabeta/the Company, and
    • that bugs or errors on Metabeta will be corrected.
  • The Company, its affiliates, and its sponsors are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages arising out of or relating in any way to users’ use of Metabeta. The sole remedy for users for dissatisfaction with Metabeta is to stop using the Site/App.
  • The Company may, but has no obligation to, remove content and accounts containing Content that the Company determines at its sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these terms.

Account terms

  • Users must be human. Accounts registered by bots and other automated methods are not permitted.
  • Users must provide their legal full name and a valid email address or a social account to complete the sign-up process. Fake accounts will be deleted immediately when detected.
  • Users may create organizations and add sensitive information (including passwords, personal data such as metrics, customer transactions, names, etc.), under the condition that the present policy and also the Privacy Policy shall be complied with. Add organization clauses
  • The Company may communicate with users via email regarding their account, updates, news, and other issues related to their account. When users sign up on our platform, they are automatically subscribed to our mailing list, as this is essential in sharing important information regarding their accounts and use of Metabeta. Users cannot opt out of important system updates (like password changes, subscription notifications, invitations to other groups or accounts) but may opt out of marketing updates by clicking on the Unsubscribe links at the footer of each email notification, or in their personal/organizational account settings (however, the processing of their personal data for marketing purposes shall comply with the opt-in and not the opt-out rule).
  • Users are responsible for maintaining the security of their accounts and password. The Company cannot and will not be liable for any loss or damage from users’ failure to comply with this security obligation. The Company does not store passwords on the Metabeta servers so it is impossible for third parties to get access to user passwords.
  • Users are responsible for all the content posted and the activity that occurs under their account (even if the content is user generated)—be it on Metabeta, messages generated by their Metabeta account, help desk messages, phone calls, or social media posts.
  • The Company has a soft limit on all its plans and should we believe that users are abusing the services offered, it may temporarily suspend any account. The Company will seek users’ cooperation in this regard.
  • The Company reserves the right to accept or refuse any potential user and has the sole discretion on whether to allow a user to register, renew, change plan, or use Metabeta.

Payments, Refunds, Upgrading, and Downgrading Terms

  • Free organization accounts: Metabeta offers some services to some users free of charge.
  • Paid organization accounts: Metabeta offers some premium services using a pay-as-you-go service subscription business model (SaaS), either monthly or yearly. The Company (Exploratorium SRL) will bill the user organization for each subscription period (monthly or yearly) in advance. Since the Company offers very competitive pricing, it offers no refunds on the subscription plans. Users may cancel the service anytime and won’t be charged again, but if the cancellation occurs during the period covered by the payment, no partial or total refund of the payment will be made.
  • The prices displayed on the website are tax exclusive. Users are responsible for additional taxes (VAT), credit card charges, currency exchange commissions, or any other extra charges that may incur.
  • A valid credit card is required for paying accounts.
  • For any upgrade or downgrade in plans, users will be refunded for the remaining subscription, and the subscription will be renewed for a similar subscription period (month or year) under the new conditions (plan, number of seats, features, etc.).
  • Upgrading or downgrading plans on Metabeta may cause the loss of content, features, or capacity of the user or organization account. The Company does not accept any liability for such losses.
  • Due to the equality policy for our customers, no exceptions will be made.

Cancellation and Termination

  • The account owner is the only person who can cancel an account. Thus, each user is solely responsible for properly canceling their individual account or their organization’s account.
  • Users must ensure that the cancelation requests are made only through the contact form on the platform.
  • Account cancelations typically take about 5 business days to be processed by the Company. Once an account is canceled, all the account information will be permanently deleted. That user won’t be charged again after the official cancelation date. The Company is not responsible for any data loss resulting from the cancelation of user or organization accounts.
  • The Company, at its sole discretion, has the right to suspend or terminate a user’s Metabeta account and refuse any and all current or future use of its services, for any reason, at any time. Such termination or suspension will result in the deletion or temporary deactivation of that user’s Metabeta account, together with the forfeiture and relinquishment of all content of that account. the Company reserves the right to refuse service to anyone for any reason at any time, without however base such action on discriminatory grounds.

Personal data

  • For extensive information on how such data is processed, please review the Privacy and Data Protection Policy.
  • The Company collects information from visitors/users in four main ways:
  • Directly: Data collection is done at the time of accessing Metabeta and filling in the sign-up form and, afterward, by entering additional personal and/or organizational profile information and payment data, under the condition of checking the box for the acknowledgment of the  Privacy and Data Protection Policy. The processing shall be carried out according to the provisions of the Privacy and Data Protection Policy.
  • Information obtained from the traffic reports recorded by the Metabeta server or other tracking tools: when Metabeta is accessed, users automatically disclose certain information, such as the IP address, the time of the visit, and the place where the website was accessed. The Company, like other operators, records this information and processes it in accordance with the Privacy and Data Protection Policy.
  • Information obtained through cookies Metabeta uses cookies for good functionality. Depending on the preferences chosen by the users, Metabeta may also use other types of cookies in order to facilitate the tracking of preferences, as well as the traffic data, but also to promote certain aspects. For more details, it is necessary to review the Cookie Policy.
  • Information obtained through public or private third parties: Metabeta will search public information about persons and companies and then collect and process this data for legitimate business interest, in accordance with the Privacy and Data Protection Policy.
  • It should be kept in mind that every time the user of Metabeta shall voluntarily disclose personal or organizational information in the online communication environment (such as the chatbox, online forums, social media pages, and discussion groups), the information disclosed can be easily collected and used by unauthorized persons.
  • ALTHOUGH THE COMPANY TAKES ALL REASONABLE MEASURES IMPOSED BY THE APPLICABLE LEGISLATION TO PROTECT THE PERSONAL DATA OF USERS, IT CAN NOT SECURE OR GUARANTEE THE SECURITY OF ALL KINDS OF INFORMATION. THEREFORE, THE TRANSMISSION OF INFORMATION IN AN APPROPRIATE ENVIRONMENT IS DONE AT THE OWN RISK OF THE USER.

Correctness of the information provided by the users

  • Upon filling in the existing forms on Metabeta (registration form, chatbox, payment details), users are obliged to communicate to the Company real and valid data about their personal or organizational accounts. Also, by using Metabeta, each user undertakes that they are fully capable to transmit the messages at the moment when the forms were filled in and that they can express their valid consent (where appropriate), freely and without the need for prior approval from a third party which was not priorly obtained by the respective user.
  • If the data provided shall undergo any changes, the users are obliged to immediately communicate this aspect to the Company, so that it can comply with its legal and contractual obligations (for example that of answering the requests sent by the user by accessing the chatbox or by filling in their personal profile).

Amendment of the applicable conditions

  • THE STUDY OF THE TERMS AND CONDITIONS BUT ALSO OF THE PRIVACY POLICY AND DATA PROTECTION AND THE COOKIE POLICY SHOULD BE ENSURED BY EACH USER EVERY TIME THEY ACCESS METABETA AND BEFORE MAKING PROVIDING ANY DATA TO THE COMPANY, WHEREAS CHANGES CAN APPEAR.
  • The Company reserves the right to modify/update the content of Metabeta, including the policies to which references are made, at its sole discretion, at any time and for any reason (including but not limited to the occurrence of legislative or jurisprudential changes that may affect the consequences to those published on Metabeta). The revision of all online policies of the Company in the future shall be signaled by modifying the “Last updated” date at the top of this policy. After the moment the updated policy is published, accessing Metabeta shall represent the user’s acceptance of those updated conditions.
  • However, if there are significant changes that could affect the rights and freedoms of visitors, informing them about those changes shall be made by easily visible indications posted on Metabeta (pop-ups) or by sending emails to the addresses provided (if applicable). Such significant changes shall enter into effect for users as of 15 days from posting the pop-up notification or from sending the email (how the information is provided will be decided by the Company, on a case-to-case basis).
  • However, regardless of the extent of the change, the responsibility to check the content of Metabeta (including the Terms and Conditions, as well as the policies displayed), in order to be up to date on the latest version, shall be entirely the responsibility of the user. Thus, THE STUDY OF TERMS AND CONDITIONS, BUT ALSO OF THE PRIVACY AND DATA PROTECTION POLICY AND OF THE COOKIE POLICY, MUST BE PERFORMED BY THE USERS WHENEVER THEY ACCESS METABETA, AND BEFORE MAKING ANY REGISTRATION OR PROVIDING DATA, WHEREAS CHANGES CAN APPEAR.
  • The Company has the free and exclusive right to limit/refuse access to Metabeta (without applying discriminatory measures and only in compliance with the legal provisions), but also to suspend or even close the Metabeta Site or App with immediate effect, as well as to have modified its functionality.
  • Any modification of the prices can be made freely made by the Company, at any time. However, this will not affect in any way the users that have already paid for the services (they shall not be charged additionally if the price shall increase, nor they shall receive any refund if the price shall decrease). Thus, any changes of the prices applied by the Company shall take effect only from the next subscription billing period (month or year) after the date of respective modification.

Third-party websites/apps

  • Metabeta may contain links or referrals to websites/apps of other companies. The respective websites/apps may contain terms and conditions or policies different from those of the Company or may have lower security measures. ACCESSING THOSE LINKS AND IMPLICITLY ACCESSING THE RESPECTIVE THIRD PARTY’S WEBSITE/APP, SHALL BE MADE TO THE USER’S EXCLUSIVE LIABILITY.
  • Also, the content of Metabeta may include advertising sections in which advertising messages of third parties shall be displayed. The Company is responsible in any way for the content provided by third parties, whether it is advertising or not, nor for the way in which those third parties understand to comply with their legal obligations.

Liability of the users

  • Users are the ones solely responsible for selecting, obtaining, configuring, and maintaining the equipment used to access Metabeta.
  • Thus, the Company does not offer any guarantee regarding aspects related to, among others: the compatibility of the Website/App with the hard and soft equipment used by users; the colors or clarity of the images taken from Metabeta, the effects of using Metabeta (including but not limited to the generation of viruses), as well as the smooth functioning of Metabeta. However, the Company’s liability for the processing of personal rights is not excluded by this clause and is not reduced below the minimum allowed by the legislation specific to this field.
  • The insertion of references and links directing to Metabeta, the copying, modification, transmission, publication, or use in any way of the information indicated on Metabeta, is forbidden without the express written permission of the Company.
  • In addition, users shall use Metabeta only for lawful activities and shall not infringe the rights of third parties. They shall also not submit documents or requests claiming to be another person, nor shall they take any action that could affect the integrity of Metabeta or the data contained herein (including but not limited to viruses, deletion or modification of information, electronic abuses, fraud, use of personal data without complying with the applicable law).
  • Failure to comply with the obligations set forth herein, as well as any other obligations established by law for website users, shall lead to their liability and the obligation to cover the damages generated by the culpable action taken. Also,  the Company shall in no case be responsible for any loss of use, contracts, data, revenues, or profits (regardless of whether they are considered direct claims or not) or any loss, damage, or expense suffered by users based on or in connection to Metabeta.

Security

  • Metabeta is protected by competitive security systems. However, like most websites and web applications, they cannot be completely free of vulnerability.
  • Consequently, the information transmitted by users using Metabeta may be subject to activities that lead to a breach of confidentiality and security that go beyond the direct control of the Company (such as sending spam messages, viruses used equipment, theft of IP addresses, unauthorized access to email) and for which the Company does not undertake any responsibility, although it tries to avoid such unpleasant events.

Confidentiality

  • The confidentiality of the users’ data is an important aspect for the Company.
  • Our Privacy and Data Protection Policy forms an integral part of these Terms and Conditions and may be consulted by the user at any time.

Applicable law

  • The rights and obligations of the parties (ie. the visitors and the Company), as well as all the legal effects that the activity of Metabeta produces, shall be interpreted and governed by Romanian law.
  • Any dispute shall be brought for settlement before the common law courts from the Company’s headquarters.

Force majeure

  • The Company shall not be liable for non-performance of the obligations undertaken, if such failure to execute on time and/or properly, in whole or in part, is caused by an event of force majeure. The parties agree that such an event may be virusing of the Site or App or of the IT platform behind it, for reasons that do not pertain to an action of the Company. A certificate issued by an authority in this regard is not needed, but informing ( by e-mail or by publishing on the Site and App) of the affected persons is required. To the extent that the law applicable to personal data provides for other obligations in such cases, the Company shall comply with the respective legal conditions.

Final provisions

  • This policy applies to the Company and to Metabeta users (whether they have registered or not).
  • If any of the above provisions is held invalid or otherwise unenforceable, the enforceability of the remaining provisions shall not be impaired thereby.
  • The terms set forth the entire understanding between the users and the Company as to the Site and App, and supersedes any prior agreements between users and the Company (including, but not limited to, prior versions of these terms).
  • This document is part of the Company’s set of security policies. Other policies can be applied to the topics addressed in this document and shall be reviewed according to specific needs.