This agreement ("Agreement") sets forth the terms and conditions agreed to by the user ("User") and Beacons App ("Beacons," "we," "us," or "our"). By accessing or using our service at getbeacons.app, you agree to be bound by these Terms of Service. If you do not agree to these Terms, please do not use our service.
This Agreement supersedes any other previous agreement. Beacons can at any time, upon notice, modify, change, or expand upon this Agreement as it sees fit and at its sole discretion. Unless otherwise noted, these changes will be applicable to all users whether they be existing or future users. Any changes or modifications will be effective upon posting on our website. We will provide a period of notice of thirty (30) days prior to making such changes. The continued use of Beacons' services by the User constitutes a binding agreement and understanding to any changes.
By creating an account and using Beacons' services, you acknowledge having read this agreement and agree to be bound by it. If you do not agree, please discontinue use of the services immediately.
1. Description of Service
Beacons is a software-as-a-service (SaaS) platform that allows users to create accounts and generate custom status indicators called "beacons" for any purpose they choose. Users can embed these status beacons in their web properties while maintaining central management through the Beacons app. We reserve the right to modify, suspend, or discontinue any aspect of our service at any time.
2. User Accounts and Information
Account Creation
You must provide accurate and complete information when creating an account
You are responsible for maintaining the security of your account credentials
You must notify us immediately of any unauthorized use of your account
Account Responsibilities
You are solely responsible for all activity that occurs under your account
You must not share your account credentials with others
You agree to update any contact information used in the Beacons app
Support will be provided only to the contact listed on the account
3. Subscriptions and Payments
Subscription Services
Premium features are available through a paid subscription
Subscription fees are charged in advance on a recurring basis (e.g., a charge on July 1 for services rendered from July 1–July 31)
Services for any term are to be paid in advance
All fees are non-refundable unless otherwise stated in our refund policy
A user may cancel their subscription at any time
Payment Terms
You authorize us to charge your selected payment method for applicable fees
You are responsible for keeping your payment information current
We may suspend or terminate your subscription due to non-payment
Fee Changes
We may increase fees for services effective the first day of a renewal term by giving notice at least forty-five (45) days prior
If you do not cancel before the renewal term, you shall be deemed to have accepted the new fees
4. Intellectual Property Rights
Our Content and Trademarks
All content, features, functionality, trademarks, service marks, logos, and trade names displayed on our service are the exclusive property of Beacons
You may not use, reproduce, distribute, or create derivative works from our proprietary content without our express written permission
Our trademarks and service marks may not be used without our prior written consent
You may not use Beacons' name, services, trademarks, logos, or other identifying marks in any way that may infringe on the distinctiveness of our brand
User-Generated Content
You retain ownership of the beacon content you create using our service
By using our service, you grant us a limited license to host, store, and display your content solely for the purpose of providing our service
You are responsible for all data you save to your account, including any third-party content
5. User Feedback and Suggestions
By providing feedback, suggestions, ideas, or other input regarding our service ("Feedback"), you agree that:
We may use your Feedback without any obligation to compensate you
We have no obligation to keep your Feedback confidential
We may incorporate your Feedback into our service or future products
You waive any rights you may have to your Feedback once provided to us
6. Prohibited Uses
You agree not to:
Use our service for any unlawful purpose or in violation of these Terms
Attempt to gain unauthorized access to our systems or other users' accounts
Upload or transmit viruses, malware, or other harmful code
Interfere with or disrupt the integrity or performance of our service
Use our service to harass, abuse, or spam other users
Create illegal or harmful content
7. Service Availability and Modifications
Services are offered subject to the availability of necessary facilities and equipment
We reserve the right not to provide services where necessary facilities or equipment are not available
We may request additional information to verify the validity of orders and may cancel any order we deem suspicious
Upgrades and changes to our service may impact the display or operation of your beacons, and we shall not be liable for any resulting issues
8. Suspension and Termination
Suspension
We may suspend services without notice and without liability if:
We reasonably believe services are being used in violation of this Agreement
You fail to cooperate with any reasonable investigation of suspected violations
We reasonably believe suspension is necessary to protect our network or other users
As requested by law enforcement or regulatory agencies
For overdue payments
If any payment is returned, charged back, or disputed
Termination
You may terminate your account at any time through your account settings
We may terminate accounts for violation of these Terms, with or without cause
Upon termination, we may delete your account and associated data
Any fees paid for a term are paid in advance and will not be prorated for unused time
9. Third-Party Content
You are responsible for all data you save to your account. Any violation of this Agreement by any third party will be your responsibility.
10. Privacy
Your privacy is important to us. Please review our Privacy Policy, which governs your use of our service and is incorporated by reference into this Agreement.
11. Indemnification
You agree to indemnify and hold harmless Beacons, our affiliates, service providers, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorney fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of your services in violation of applicable law or this Agreement by you or any person using your login information, regardless of whether such person has been authorized to use the services by you.
12. Disclaimer of Warranties
Beacons does not warrant or represent that the services will be uninterrupted, error free, or completely secure. to the extent permitted by applicable law, Beacons disclaims any and all warranties including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. to the extent permitted by applicable law, all services are provided on an as-is basis.
13. Limitation of Liability
Limitation on Indirect Liability
Neither party shall be liable to the other for any lost profits, or any indirect, special, incidental, consequential or punitive loss or damage of any kind, or for damages that could have been avoided by the use of reasonable diligence, arising in connection with this agreement, even if the party has been advised or should be aware of the possibility of such damages and even if Direct damages do not satisfy a remedy.
Limitation on Amount of Liability
Notwithstanding anything else in this agreement to the contrary, the maximum aggregate liability of Beacons under any theory of law (including breach of contract, tort, strict liability, and infringement) shall be a payment of money not to exceed the amount paid by you to Beacons for twelve (12) months prior to the event giving rise to liability.
Exceptions to Limitations
These limitations of liability apply to the fullest extent permitted by applicable law but do not apply to breaches of confidentiality obligations, violations of a party's intellectual property rights by the other party, or indemnification obligations.
14. Information Requests and Legal Compliance
You agree that Beacons may, without notice to you:
Report to appropriate authorities any conduct that we believe violates applicable law
Provide any information about you or your customers in response to formal or informal requests from law enforcement or regulatory agencies, or in response to formal requests in civil actions
15. Conduct and Abuse
You acknowledge that you will use Beacons in a manner that is respectful and free of abusive language, threats, harassment, and discrimination. We will exercise our discretion to determine actions to ensure discontinuance of such behaviour, from warnings up to and including discontinuing services and terminating accounts.
16. Force Majeure
Beacons shall not be in default of any obligation under this Agreement if the failure to perform is due to any event beyond our control, including significant failure of infrastructure, natural disasters, war, riots, epidemics, strikes, terrorist activity, or other events of a magnitude for which precautions are not generally taken in the industry.
17. Governing Law and Disputes
This agreement shall be governed by the laws of Alberta, Canada, exclusive of its choice of law principles. The exclusive venue for all disputes arising out of or relating to this agreement shall be the provincial and federal courts in Alberta, and each party agrees not to dispute such personal jurisdiction and waives all objections thereto.
Notices to Beacons shall be given via email to the hello mailbox of getbeacons.app. Notices to you shall be given via email to the address associated with your account. Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following delivery.
18. Miscellaneous
A party's failure to enforce any provision will not be deemed a waiver of rights
You may not transfer this Agreement without our prior written consent
We may assign this Agreement in whole or in part
If any provision is found unenforceable, the remaining provisions will remain in full force
The following provisions survive termination: fees, indemnity obligations, liability limitations, warranty disclaimers, intellectual property provisions, and these miscellaneous provisions
19. Contact Information
If you have any questions about these Terms of Service, please contact us via the Contact page.