Terms and Conditions

Last updated: December 5, 2018

BEAM ACCOUNT TERMS AND CONDITIONS

PLEASE READ THE TERMS AND CONDITIONS DESCRIBED BELOW CAREFULLY BEFORE SETTING UP YOUR BEAM ACCOUNT AND USING THE https://login.thebeam.io website and the Beam mobile application (the "Service") operated by 1088211 B.C. LTD. ("US", "WE", or "OUR"). IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK <CONTINUE> AND DO NOT CREATE A BEAM ACCOUNT.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Changes to Account Terms

1088211 B.C. may amend the Account Terms at any time in its discretion. Such amendments shall be effective immediately upon posting of the amended Account Terms on our website or via your Beam account or mobile application, whichever occurs first. In its option, 1088211 B.C. LTD. may also notify you of an amendment to the Account Terms by sending a notice to the last email address you provided to 1088211 B.C. LTD. You agree to provide accurate and complete information when you establish your Beam account, and you agree to promptly update your account information to keep it accurate and complete. You can do this at any time by signing in to your Beam account. Following the posting or notice by any of the methods described above, continued use of our Service means you accept and agree to the amended Account Terms. If you do not agree to the amended Account Terms, 1088211 B.C. LTD. may not be able to provide updates, upgrades or enhancements to your devices, and you may not be able to continue using our Service.

Privacy Policy and Use of Data

1088211 B.C. LTD.’s  privacy policy, available at https://thebeam.io/pages/privacy-policy ("Privacy Policy"), explains our policies regarding the collection, use, transmission and disclosure of information provided by or collected from you via your Beam account and our Services. By agreeing to be bound by these Account Terms, you are agreeing that you have read and understood the collection, use, transmission and disclosure of your information or data as described in the Privacy Policy (and as amended from time to time). You should review the Privacy Policy before establishing a Beam account. The policies and other content of Beam’s web pages may be changed by 1088211 B.C. LTD. in its sole discretion, without notice to you.

Copyright

All content included in the Service, such as text, graphics, logos, button icons, images, audio clips, video clips, digital downloads, data compilations, and software is the property of 1088211 B.C. LTD and protected by international copyright laws. All content included in or made available through the Service is the exclusive property of 1088211 B.C. LTD and protected by international copyright laws.

Software Updates

 1088211 B.C. LTD. reserves the right to AUTOMATICALLY update our Services, including BUG FIXES AND UPDATES, CHANGES IN THE USER INTERFACE OR MOBILE APPLICATION OR HOW YOU ACCESS CONTENT, AND OTHER CHANGES THAT MAY add, ALTER or REMOVE functionalities and features. You acknowledge that these updates may happen automatically in the background at any time (and that they cannot be disabled by You). You understand that these updates are necessary to maintain compatibility with other updates to our products or services and may be required for security reasons. By using our Service you hereby AGREE to receive such updates.

 Warranty Disclaimer; Limitation on Liability

 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

 (A) OUR SERVICE AND YOUR BEAM ACCOUNT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. 1088211 B.C. LTD. DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT THE SERVICE OR THE USE OF YOUR BEAM ACCOUNT WILL BE: (I) UNINTERRUPTED, SECURE, VIRUS-FREE OR ERROR-FREE, (II) FREE FROM ATTACK OR SECURITY INTRUSION, (III) COMPLETELY ACCURATE IN TERMS OF DATA DISPLAYED AND REPORTED;

 (B) IN NO EVENT SHALL 1088211 B.C. LTD., ITS DIRECTORS, OFFICERS OR EMPLOYEES BE LIABLE TO YOU FOR PERSONAL INJURY OR EMPLOYMENT TERMINATION, OR PROPERTY DAMAGE, OR ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF YOUR USE OF OUR SERVICE OR BEAM ACCOUNT; AND

 (C) YOU AGREE THAT THE TOTAL CUMULATIVE LIABILITY OF 1088211 B.C. LTD., ITS DIRECTORS, OFFICERS AND EMPLOYEES UNDER THESE ACCOUNT TERMS, INCLUDING LIABILITY RELATING TO OUR SERVICE, YOUR BEAM ACCOUNT, AND YOUR INFORMATION LINKED TO YOUR BEAM ACCOUNT, SHALL NOT EXCEED THE TOTAL PURCHASE PRICE YOU PAID FOR ALL OF THE DEVICES LINKED TO YOUR BEAM ACCOUNT. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF THE REMEDY PROVIDED HEREIN FAILS ITS ESSENTIAL PURPOSE AND EVEN IF 1088211 B.C. LTD.,  ITS DIRECTORS, OFFICERS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY.

 Some jurisdictions do not allow exclusions OF CERTAIN warranties OR LIMITATIONS OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, so SOME OF the ABOVE LIMITATIONS IN THIS SECTION MAY NOT apply to You. NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU, AND You may also have other rights that vary from jurisdiction to jurisdiction.