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") 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 or change the Services and/or Software and any related Fees (as defined below), 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, Software, and/or Fees. However, if at any time user is not satisfied with the Service, Software, and/or Fees, user will always have the right to terminate the Service subject to the terms provided in Section 8 below.
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 and 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 this 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+
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 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, sublicense 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 [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.
All fees related to the Service (the "Fees") will be billed to user by the Company's third party provider, and all payments will be transacted through it. The Company reserves the right to change its third party provider and manner of payment without prior notice to user. Users credit card will be automatically billed on the anniversary date of activating a premium feature on a monthly basis, until users Service is terminated by the Company or user terminate users Service in accordance with Section 8 below. Any renewal of a premium feature will be billed at the Fee in effect at the time of the renewal. User will not receive billing statements. Billing statements may be accessed by user on the Website under "My product" Any questions or claims regarding billing can be directed to our customer service as identified in Section 3 above. If user wish to dispute a charge on user’s bill, please contact our customer service within 120 days after the due date of the charge in question, otherwise user waives user’s right to dispute the charge. User is responsible for immediately notifying the Company of any changes to user’s registration information including, but not limited to, name, credit card information, etc.
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 SERVICE OR 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 USER ARE DISSATISFIED WITH ANY PORTION OF THE PRODUCT SERVICES, USERS SOLE AND EXCLUSIVE REMEDY IS TO CANCEL AND DISCONTINUE USING THE PRODUCT SERVICES AND TO RECEIVE A REFUND FOR SERVICES NOT RENDERED. IN NO INSTANCE WILL THE COMPANY'S LIABILITY TO USER EXCEED THE FEES PAID BY USER IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE CLAIM AT ISSUE AND USER AGREE THAT THIS LIMITATION REPRESENTS A REASONABLE ALLOCATION OF RISK. 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.
BY REGISTERING FOR THE SERVICE, USER AGREES TO INDEMNIFY, DEFEND AND HOLD [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.
Term and 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 fail to pay amounts owing to the Company when due, violate or breach any of the product Terms, or for any other reason in its sole discretion. If users Service is suspended or cancelled, user will still be responsible for payment of all outstanding balances accrued through the cancellation date, including any fees described herein.
User will have a right, at any time, to cancel the Service upon notice to the Company. Upon such notice, user will not receive a refund of any Fees paid during the month Service was cancelled. 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 Fee promotion.
Upon termination of the Service, user will no longer have access to the Service and user must delete or uninstall 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 conditions and supersedes all prior agreements and understandings between the parties, whether oral or written, with respect to this subject matter. These 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 FOLLOWING TERMS AND CONDITIONS OF THIS SOFTWARE LICENSE CAREFULLY BEFORE PROCEEDING. BY PROCEEDING, user ARE ACCEPTING AND AGREEING TO THE FOLLOWING SOFTWARE LICENSE TERMS AND CONDITIONS. IF users ARE NOT WILLING TO BE BOUND BY THE FOLLOWING SOFTWARE LICENSE TERMS AND CONDITIONS, user SHOULD PROMPTLY EXIT THE product WEBSITE. THIS LICENSE AGREEMENT REPRESENTS THE ENTIRE AGREEMENT CONCERNING product SOFTWARE BETWEEN user AND APIGY INC ("COMPANY"), AND IT SUPERSEDES ANY PRIOR PROPOSAL, REPRESENTATION, OR UNDERSTANDING BETWEEN THE PARTIES.
License Grant and Use
Company grants to user a nonexclusive, non-transferable license to access via Company's web site 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 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 Company, Customer, entity, or any non-party, either singly or in combination, all such modifications, enhancements, improvements or alterations shall belong exclusively to Company. user agree to assign to 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 Company.
Customer rights hereunder may not be assigned, sold, transferred, pledged or encumbered in any way. User may not sell, sublicense or rent Software to any third-party. Company may assign this Agreement.
Company shall have no obligation to support or maintain Software.
Consulting and Training
Consulting and training services are not provided under this Agreement.
Customer acknowledges that System is a proprietary asset of Company; subject to all legal rights, terms, contracts, and conditions in favor of the company.
COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER AS TO THE PERFORMANCE OR FUNCTIONALITY OF THE SOFTWARE. THE LICENSE OF SAID SOFTWARE HEREUNDER IS STRICTLY ON AN "AS-IS" BASIS. ANY EXPRESSED OR 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.
Limitation of 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 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.
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.
User Information and Data
The Company may use the information it obtains relating to user, including, but not limited to, user's Internet Protocol ("IP") address, name, mailing address, email address, cellular phone information, and use of the Web Site, for its internal business and marketing purposes and may disclose the information to third parties for such purposes, strictly subject to the privacy specifications set forth in the Company's Policy available on the Company's Website.
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 Company's web site 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 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 Company Terms and Conditions whether set forth herein or elsewhere in the company documents made available to customer.