Terms of Service

1. Agreement and operator

These Terms of Service ("Terms") govern access to and use of Beka's Marketing System ("BMS"), a marketing platform operated by Beka's Supply Company, LLC ("we," "us," or "our"). By creating an account, accepting an order, or using BMS, you agree to these Terms. If you use BMS for an organization, you represent that you have authority to bind that organization, and "you" includes that organization.

2. Eligibility and accounts

You must be at least 18 and legally able to enter a binding agreement. You must provide accurate account information, keep credentials secure, and promptly notify us of suspected unauthorized access. You are responsible for activity by users you authorize and for assigning appropriate workspace permissions.

3. BMS services

BMS helps customers plan, produce, review, approve, deliver, and measure marketing campaigns. Available features, production capacity, connected channels, and support may depend on your plan, configuration, third-party approvals, and applicable platform rules. BMS does not guarantee campaign performance, audience growth, platform approval, uninterrupted access to a third-party channel, or any particular business result.

4. Connected platforms and publication control

If you connect a social, advertising, commerce, or publishing account, you authorize BMS to access that account only within the permissions you grant. You remain responsible for the account, its content, and compliance with the platform's terms and policies. Unless you separately configure and authorize an automated workflow, BMS will not publish, schedule, or spend advertising funds without an authorized user's direction. You may revoke platform access through the available BMS or platform controls.

5. Customer materials and permissions

You retain ownership of campaign briefs, product information, trademarks, media, and other materials you submit ("Customer Materials"). You grant us a limited, non-exclusive license to host, copy, process, adapt, and transmit Customer Materials only as reasonably necessary to provide, secure, and support BMS. You represent that you have the rights, licenses, permissions, substantiation, and approvals required for Customer Materials and the uses you request.

6. Generated outputs and review

Subject to payment and third-party rights, you may use outputs BMS produces for you. Artificial-intelligence and automated production systems may generate inaccurate, incomplete, or similar content. You are responsible for reviewing and approving claims, prices, rights, disclosures, accessibility, brand accuracy, and legal or platform compliance before publication. BMS output is not legal, tax, medical, or other professional advice.

7. Acceptable use

You may not use BMS to:

• violate law, regulation, platform policy, or another person's rights;
• publish deceptive, fraudulent, defamatory, abusive, or unlawful content;
• upload malware or interfere with the security or operation of BMS;
• gain unauthorized access to accounts, systems, or data;
• misrepresent identity, authorization, product availability, or claims;
• reverse engineer or misuse BMS except where law expressly permits it; or
• resell or provide access to BMS except under an authorized agreement.

8. BMS ownership and feedback

We and our licensors retain all rights in BMS, including its software, workflows, interfaces, documentation, templates, and platform branding, excluding Customer Materials and customer-specific outputs. If you provide feedback, you permit us to use it without restriction or compensation, provided we do not identify you publicly without permission.

9. Fees, subscriptions, and taxes

Paid plans are billed according to the price, billing period, production limits, and renewal terms shown at purchase or in an order form. You authorize our payment provider to charge the selected payment method. Subscription fees are non-refundable except when required by law or stated in an order form. You may cancel renewal through the available account or billing controls; cancellation takes effect at the end of the current paid period unless stated otherwise. You are responsible for applicable taxes, excluding taxes on our net income.

10. Confidentiality and privacy

Each party will use reasonable care to protect the other party's non-public confidential information and use it only for the relationship. Confidentiality does not cover information that is public without breach, already lawfully known, independently developed, or lawfully received from another source. Our handling of personal information through BMS is described in the BMS Privacy Policy.

11. Third-party services

BMS may interoperate with services we do not control, including payment, hosting, authentication, artificial-intelligence, social-media, and advertising providers. Your use of those services may be governed by their own terms. We are not responsible for their acts, outages, policy changes, content decisions, account restrictions, or continued availability.

12. Suspension and termination

You may stop using BMS at any time. We may suspend or terminate access if reasonably necessary to address nonpayment, security risk, unlawful use, material breach, platform harm, or legal requirements. Where practical, we will provide notice and an opportunity to cure. Provisions that by their nature should survive termination will survive, including payment, ownership, confidentiality, disclaimers, liability limits, and dispute provisions.

13. Disclaimers

To the maximum extent permitted by law, BMS is provided "as is" and "as available." We disclaim implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and warranties arising from course of dealing or usage. These disclaimers do not limit rights that cannot lawfully be waived.

14. Limitation of liability

To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, goodwill, or data, arising from BMS. Except for payment obligations, infringement or misuse of the other party's intellectual property, breach of confidentiality, indemnification obligations, fraud, willful misconduct, or liability that law does not permit to be limited, each party's total liability arising from BMS will not exceed the amount you paid for BMS during the 12 months before the event giving rise to the claim.

15. Indemnification

You will defend and indemnify Beka's Supply Company, LLC and its personnel from third-party claims, damages, and reasonable costs arising from your Customer Materials, your violation of these Terms, your connected accounts, or your unlawful or unauthorized use of BMS. We will promptly notify you of a covered claim and reasonably cooperate at your expense. You may not settle a claim in a way that admits our fault or imposes obligations on us without our written consent.

16. Governing law and disputes

Florida law governs these Terms without regard to conflict-of-law rules. Any dispute not resolved informally will be brought exclusively in the state or federal courts serving Pinellas County, Florida, and each party consents to their jurisdiction and venue. Before filing a claim, the parties will make a good-faith effort to resolve it by written notice and discussion for at least 30 days.

17. Changes and general terms

We may update these Terms as BMS changes. We will post revised Terms and update the date above, and we will provide additional notice for material changes when required. Continued use after an update takes effect means you accept the revised Terms. Neither party may assign these Terms without the other's consent, except in connection with a merger, reorganization, or sale of substantially all relevant assets. If one provision is unenforceable, the remainder remains effective. These Terms and any order form are the entire agreement about BMS and supersede prior discussions on that subject.

18. Contact

Questions about these BMS Terms may be sent to Beka's Marketing System, operated by Beka's Supply Company, LLC, Palm Harbor, Florida 34684, at info@bekassupplycompany.comor 337-962-4795.