Privacy & Terms
YOUR PERSONALLY IDENTIFIABLE INFORMATION
It is always up to you whether to disclose personally identifiable information to us, although if you elect not to do so, we reserve the right not to register you as a user or provide you with any products or services. “Personally identifiable information” means information that can be used to identify you as an individual, such as, for example:
billing address and/or shipping address
Company user ID and password
credit card information (if given)
any account preference information you provide to the Company
computer’s domain name and IP address, indicating:
where your computer is located on the Internet
session data for your login session, so the Company's computer can "talk" to yours while you are logged in
If you do provide personally identifiable information to us, either directly or through a reseller or other business partner, we will:
not sell or rent it to a third party without your permission — although unless you opt out (see below), we may use your contact information to provide you with information we believe you need to know or may find useful, such as (for example) news about our services and products and modifications to the Terms of Service;
take commercially reasonable precautions as determined by the Company to protect the information from loss, misuse and unauthorized access, disclosure, alteration and destruction;
not use or disclose the information except:
as necessary to provide services or products you have ordered, such as (for example) by providing it to a carrier to deliver products you have ordered;
in the aggregate with other information in such a way so that your identity cannot reasonably be determined (for example, statistical compilations);
as required by law, for example, in response to a subpoena or search warrant;
to outside auditors who have agreed to keep the information confidential;
as necessary to enforce the Terms of Service;
as necessary to protect the rights, safety, or property of the Company, its users, or others; this may include (for example) exchanging information with other organizations for fraud protection and/or risk reduction.
OTHER INFORMATION WE COLLECT
We may collect other information that cannot be readily used to identify you, such as (for example) the domain name and IP address of your computer. We may use this information, individually or in the aggregate, for technical administration of our website(s); research and development; customer and account administration; and to help us focus our marketing efforts more precisely.
The Company uses “cookies” to store personal data on your computer. We may also link information stored on your computer in cookies with personal data about specific individuals stored on our servers. If you set up your Web browser (for example, Chrome, Internet Explorer, or Firefox) so that cookies are not allowed, you might not be able to use some or all of the features of our website(s).
To help protect your privacy, be sure:
not to share your user ID or password with anyone else;
to log off the Company website when you are finished;
to take customary precautions to guard against “malware” (viruses, Trojan horses, bots, etc.), for example by installing and updating suitable anti-virus software.
The Company operations are located primarily in the United States. If you provide information to us, the information will be transferred out of the European Union (EU) to the United States. By providing personal information to us, you are consenting to its storage and use as described herein.
INFORMATION COLLECTED FROM CHILDREN
You must be at least 13 years old to use the Company‘s website(s) and service(s). The Company does not knowingly collect information from children under 13. (See the U.S. Children’s Online Privacy Protection Act.)
Terms of Service
TERMS OF SERVICE FOR USERS
REGISTRATION - Thank you for choosing our product, Beam (hereinafter called ‘Product”) offered by BEAM LABS, LLC (hereinafter called "Company"). These are the terms and conditions (the "Terms") of service which apply to the customers (hereinafter “user”) use of this website and to the user use of the product service (collectively referred to as the "Service"). Additional terms and conditions that apply to the software ("Software") required for the Service are stated in the Product Software Terms of Service ("Software Terms") and are incorporated herein by reference. "Terms" and "Software Terms" are collectively referred to as the "product terms".
Please read these product terms before registering for the Service. By completing user registration and clicking on the "I Accept" button below, user will become a registered user of the Service and Software and user agrees to be bound by the product terms.
IF USER DOES NOT AGREE TO THE PRODUCT TERMS, PLEASE DO NOT REGISTER FOR THE SERVICE.
The product terms are subject to change by the Company at any time; however, the most current version of the product terms will be available to user by clicking on the link at the bottom of the website. Users are encouraged to regularly review the product terms to ensure that user is aware of any changes. By continuing to use the Service after changes in the product terms have been posted on the website, user agrees to be bound by the most current version of the product terms.
In the event of any conflict between these product terms and the terms of any other offer for the Service. These product terms will govern.
CHANGED/UPDATES TO SERVICE - The Company has the right, in its sole discretion, to modify the Services and/or Software, and will notify user of such changes via the website, e-mail, or other method determined by the Company. User continues use after such modification(s) or change(s) are made constitutes user acceptance of such Service, and/or Software. However, if at any time user is not satisfied with the Service, and/or Software, user will always have the right to terminate the Service subject to the Terms provided.
User will receive all updates to users existing Service at no charge by the Company. If user chooses to add additional services or features to users existing Service, user will be required to purchase such additional services or features.
USE OF SERVICE & WEBSITE
ELIGIBILITY - user must be 18 years old, or the age of majority, as determined by the laws of user’s state of residency, to become a user and assume the obligations set forth in these product terms.
SERVICE AREA - User’s service area will be dependent on users working cell phone coverage and internet access. The Company is not responsible for any problems, service issues or other issues arising from dependence on user’s cell phone coverage or internet access.
SYSTEM REQUIREMENTS - The Company does not manufacture, sell, or install the third party systems required to utilize the Service. User may only access and use the Service with equipment capable of receiving the Service as identified below ("Third Party Equipment or Service"). User must purchase all Third Party Equipment or Service, including installation, service, and parts, from an authorized seller or manufacturer. All Third Party Equipment or Service will be subject to the seller's or manufacturer's terms and conditions of sale, including, but not limited to, return policy and warranty, if available. The Company is not responsible for any loss or damage to users personal or real property, including without limitation, users home, personal belongings (tangible or intangible property), and the like, resulting from the installation or use of the Third Party Equipment or Service with the product service. Additionally, the Company is not responsible for the advertising, practices, promises, statements, services, or other items made by the manufacturers or sellers of the Third Party Equipment or Service. Additionally, if user has any questions regarding users Third Party Equipment or Service, user should contact the manufacturer or seller.
THIRD PARTY EQUIPMENT OR SERVICE - Overall system requirements:
Functioning Broadband Internet Connection, at minimum
Secured Router with at least one available port, wireless broadcast signal that is secured by a password or similar wireless signal protection technology
Computer with Internet Access
A valid email address
One of the supported internet browsers for the product online website:
Google Chrome 10+
Internet Explorer 9+
Nationally recognized and working-up to date computer security systems (eg. McAfee, Norton, AVG, etc)
Supported phones for the product mobile app (Android-based (API 2.3+) and iPhones/iPods/iPads v4.3+). NOTE: All compatible phones require an internet data plan to work with product.
PERSONAL USE OF THE SERVICE - user may allow multiple individuals to use this Service subject to the product terms. However, user is responsible for assuring those individuals' compliance with the product terms. User may not assign users obligations under these product terms to any other party.
SAFETY AND ACCESS CONTROL - It is user’s responsibility to exercise discretion and observe all safety measures that user deem necessary or as may be required by law to protect users personal well-being and personal and real property (tangible or intangible) and to prevent unauthorized access, misuse of passwords, or misuse of any other information. User may only access and use the website in the manner authorized by the product terms and any other documents provided to user by the Company. The Company is not liable to user for any unauthorized access or misuse of the Service, website, or any other system. User may not use the website in any manner that could damage, disable, overburden, or impair the website or interfere with any other party's use and enjoyment of the website. User may not attempt to gain unauthorized access to the website, computer systems or networks connected to the website, through hacking, password mining, or any other means. User agrees that user will not engage in any activities with respect to the website that are contrary to any applicable laws, rules, regulations, these product terms or the like.
SERVICE INTERRUPTIONS - Since the Service is web-based, it may be interrupted or negatively affected by occurrences and conditions outside of the control of the Company. The Company is not liable to user for interruptions or problems with the Service caused by acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, virus attacks or hackers, failure of third party software (including, without limitation, e-business software, payment gateways, chat, statistics or free scripts) or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Services; failure of access circuits to the Company's computer network, unless such failure is caused solely by the Company; DNS ("Domain Name Server") issues outside the direct control of the Company; Issues with FTP, POP3, SMTP, or any items relating to users access to the website or the Services; users acts or omissions (or acts or omissions of others engaged or authorized by user, including, without limitation, custom scripting or coding (e.g., COI, Perl, HTML, ASP, etc.), any negligence, willful misconduct, or use of website or Services in breach of this Agreement; e-mail or Webmail delivery and transmission; DNS propagation; or outages elsewhere on the Internet that hinder access to the website or the Services. User's service is dependent on user ensuring that users Third Party Equipment or Service is active and fully functioning and the Company is not liable due to any failure of users Third Party Equipment or Service.
RESTRICTIONS ON USE - User agree that user will not copy, translate, rent, lease, sub-license or otherwise transfer the Software; and/or cause or permit reverse compilation, reverse engineering, or reverse assembly of all or any portion of the Software. User further agree not to allow, except as otherwise provided herein, any third parties, consultants or independent contractors to operate or use the Software or the Services, obtain access to or view the operation of the Software or the Services. Any person or entity engaging in any misconduct or activities described herein shall be referred for criminal prosecution under both United States Federal and State criminal statutes; and be liable to the Company for any and all civil damages arising compensatory, punitive, and future loss of business damages.
CUSTOMER SERVICE - For any questions or concerns regarding the Service or Software, please contact customer service.
The Company makes no representations or warranties of any kind whatsoever as to the performance or functionality of the Service, the website, or Software and all associated services and information (collectively "Product Services") or for any Third Party Equipment or Service. The Product Services are being provided to user on "As-Is" and "as available" basis. Users use of the Product Services is at user's sole risk. Any implied warranties of merchantability or fitness for a particular purpose, title and non-infringement are expressly disclaimed whether such warranties are express, implied, or statutory.
The third party links, resources, and content available with the Product Services are not controlled by the Company, and the Company does not make any warranties, express or implied, regarding such third party links, resources, and content including, without limitation, warranties of merchantability or fitness for a particular purpose, title and non-infringement. The Company will not be liable for users access to, use of or downloading of content available on or through, the Product Services or the website.
Some jurisdictions may not allow the exclusion of certain implied warranties or the limitation of certain damages, so some of the above disclaimers, waivers, and limitations of liability may not apply to user.
The Company does not authorize any person or entity to create for it any obligation or liability in connection the Product Services. To the maximum extent permitted by applicable law, in no event will the Company, its suppliers, or licensors be liable for any special, incidental, indirect, or consequential damages of any kind whatsoever, including, but not limited to, damages for: loss of profits, loss of confidential or other information, business interruption, personal injury, personal or real property damage, loss of privacy, failure to meet any duty (including of good faith or of reasonable care, or negligence) and any other pecuniary or other loss whatsoever, even if the Company has been advised of the possibility of such damages, arising out of or in any way related to (a) the use of or inability to use the Product Services; (b) the cost of procurement of substitute goods and services; or (c) any other matter relating to the Product Services.
Except as otherwise provided in these product terms, if users are dissatisfied with any portion of the Product Services, users sole and exclusive remedy is to cancel and discontinue using the Product Services. The foregoing exclusions and limitations will apply regardless of any allegation or finding that a remedy failed of its essential purpose, regardless of the form of action or theory of liability (including, without limitation, negligence) and even if the Company or others were advised or aware of the possibility of likelihood of such damages or liability.
User waives and releases any and all causes of action, claims, both at law or in equity, and/or any remedies user might currently have or hereafter acquire against the Company, or its related businesses, suppliers, agents, attorneys, or representatives arising either hereunder or from users prior use of the Software. In no event, shall either party have any liability to the customer or other user for indirect, incidental or consequential damages, including, but not limited to, lost profits, or for special, exemplary or punitive damages, and customer covenants not to seek such damages with respect to any claims arising out of or related to this Agreement.
By registering for the Service, user agrees to indemnify, defend and hold the Company, subsidiaries, affiliates, suppliers, and licensors, and the respective officers, directors, employees, agents, attorneys, and assigns harmless from and against any and all third party claims, demands, proceedings, suits and actions, including any related liabilities, obligations, losses, damages, penalties, fines, judgments, settlements, expenses (including attorneys' and accountants' fees and disbursements) and costs incurred by, borne by or asserted against the Company to the extent such claims in any way relate to, arise out of, or result from users use, use by others or adapted use of the Product Services.
TERMS & CANCELLATION
User Service will commence upon user’s acceptance of these product terms and will continue until cancellation by either user or the Company as provided herein. Any cancellation will take effect immediately.
The Company reserves the right to suspend or cancel the Services at any time if user violates or breaches any of the product terms, or for any other reason in its sole discretion.
User will have a right, at any time, to cancel the Service upon notice to the Company. In the event user have a premium feature, user will receive a refund based on the number of unused days left in the Service (as determined by the Company) in accordance with any applicable promotion. Upon termination of the Service, user will no longer have access to the Service or any Software from user’s Third Party Equipment or in user’s possession.
WAIVER - Any waiver granted herein shall not be deemed effective unless in writing, executed by the authorized party as to whom enforcement of the waiver is sought. A waiver by either party of any provision(s) hereof shall not be deemed a waiver as to any other provision hereof or of any subsequent breach by either party of the same or any other provision.
SEVERABILITY - If any provision of these product terms is prohibited or unenforceable by any applicable law, the provision shall be ineffective only to the extent and for the duration of the prohibition or unenforceable, without invalidating any of the remaining provisions.
SURVIVAL - The obligations of user under these product terms that by their nature would continue beyond the termination of these product terms including, but not limited to, those sections relating to Fees and Indemnification will survive any termination.
ATTORNEYS' FEES - In the event the Company seeks legal action against user for collection of any Fees or to enforce its rights and user’s obligations under these product terms, the Company is entitled to recover from user its reasonable costs and expenses including, but not limited to, reasonable attorneys' fees incurred as a result.
REMEDIES - The rights and remedies provided to the Company under these product terms are in addition to any other remedies available at law or in equity.
GOVERNING LAW AND VENUE - These product terms shall be governed by and interpreted according to the laws of the State of California, without regard to conflicts of law principles. Venue for any action, claim or proceeding pertaining to this Agreement shall be California.
ENTIRE AGREEMENT - These product terms represent the entire agreement and understanding of the parties with respect to the subject matter of these Terms and supersedes all prior agreements and understandings between the parties, whether oral or written, with respect to this subject matter. The Company Terms may not be contemporaneously or later modified, amended or changed except in writing signed by the authorized Company personnel and authorized customer.
BY USING THE PRODUCT SERVICES, I REPRESENT THAT I HAVE READ AND UNDERSTAND THESE ENTIRE PRODUCT TERMS, AND I AGREE TO ALL THE TERMS AND CONDITIONS OF THE PRODUCT SERVICES AS STATED ABOVE.
END USER SOFTWARE LICENSE TERMS
Read the Terms of this Licensed Software carefully before proceeding. By proceeding, users are accepting and agreeing to the following Licensed Software Terms. If users are not willing to be bound by the following Licensed Software Terms, user should promptly exit the product website. This license agreement represents the entire agreement concerning product software between user and the Company, and it supersedes any prior proposal, representation, or understanding between the parties.
LICENSE GRANT & USE
The Company grants to user a nonexclusive, non-transferable license to access via the Company's website and use the machine-readable version of product Software, as may be updated from time to time without notice by Licensor at Licensor's sole discretion ("Licensed Software"), user manuals and technical materials viewable and printable through Licensor's website (the "Documentation"). The Licensed Software and Documentation are collectively called the "System."
Customer acknowledges that they have no ownership, rights, title or other interest in the Software apart from that granted hereunder. All rights, title, and interest including, but not limited to, intellectual property interests, in and to the System are the exclusive property of Licensor, and this Agreement shall not be deemed a transfer of title or ownership in any respect.
Customer acknowledges that the license granted hereunder is terminable at will by the Company in its sole and absolute discretion with or without immediate notice. Termination of the Agreement revokes user’s license and ends user’s rights. In case of such termination, user will immediately cease use of the System. The Terms that by their sense and context are intended to survive performance by either or both parties shall so survive the performance and termination of the Agreement, including without limitation those Terms relating to warranty limitations, limitation of liability, remedies or damages, or the Company's proprietary rights.
Customer acknowledges that the Licensed Software may include software provided by third parties ("Third Party Software") and the licensor of any Third Party Software embedded in the Licensed Software has a proprietary interest in such software.
Customer may view and download a single copy of the Documentation solely for consumer personal, non-commercial use. User will not otherwise, in whole or in part, sublicense, copy, rent, loan, transfer, modify, enhance, prepare derivatives of, decompile, or reverse engineer any portion of the System.
If any modifications, enhancements, improvements or alterations to the Software are or have been made by the Company, Customer, entity, or any non-party, either singly or in combination, all such modifications, enhancements, improvements or alterations shall belong exclusively to the Company. User agree to assign to the Company any ownership or other right, title and interest in or to any such improvements, enhancements, modifications, or alterations and to execute any documents to facilitate said assignment that are requested of it by the Company.
Customer rights hereunder may not be assigned, sold, transferred, pledged or encumbered in any way. User may not sell, sublicense or rent Licensed Software to any third-party. The Company may assign this Agreement.
The Company shall have no obligation to support or maintain Software.
CONSULTING & TRAINING
Consulting and training services are not provided under this Agreement.
Customer acknowledges the System is a proprietary asset of the Company - subject to all legal rights, terms, contracts, and conditions in favor of the Company.
The United States controls the export of products and information. User agrees to comply with such restrictions and not to export or re-export the System or any portion thereof to countries or persons prohibited under the export control laws. By downloading the System, user are agreeing that user are not in a country where such export is prohibited and that user are not on the U.S. Commerce Department's Table of Denial Orders or the U.S. Treasury Department's list of Specially Designated Nationals. Users are responsible for compliance with the laws of user’s local jurisdiction regarding the import, export, or re-export of the System; and to reasonably protect the system from piracy, misuse or unlawfully acquisition and use.
This Agreement and any disputes or controversies arising hereunder is governed by and construed according to the internal laws of the State of California, United States of America, without regard to its conflict of law principles, and not including the United Nations Convention on Contracts for the International Sale of Goods.
This represents the entire agreement and understanding of the parties with respect to the subject matter of this Agreement and supersedes all prior agreements and understandings between the parties, whether oral or written, with respect to this subject matter. Notwithstanding the foregoing, the Terms of Service of the Company's website are incorporated herein by reference and are made part of this Agreement. User acknowledge that such Terms of Service may be changed at any time without notice by the Company, and that such changes to the Terms of Service shall be binding upon user. Creating an account on Product is Customer’s agreement to all the Company terms and conditions whether set forth herein or elsewhere in the Company documents made available to customer.