Terms of use

The Terms of Use (“Terms”) govern your access to and use of the Services. The term “Services” entitle the websites www.beamlabsinc.com and www.controlmybeam.com (collectively the “Site(s)”), and software that may be downloaded to your smartphone or tablet to access services (“Mobile Apps”). These terms govern a legal contract between Beam Labs and you, the user of these services, and will give you specific legal rights. By accessing and/or using the Services, you agree with the Terms set out further below. If you do not agree with any of these Terms, then cease accessing or using the Services.

You represent that you are of sufficient legal age in your jurisdiction or residence to use and access these services or that you have your parent or legal guardian’s permission to agree to these Terms.

Beam Labs B.V. (“Beam Labs”) reserves the right to make changes to these Terms. Beam Labs may make changes to the content offered on the Sites at any given time. If any modification is made to these Terms, a notification will be posted on this page. Make sure to read the updated Terms of Use, because if you continue using the services, this will indicate your acknowledgement of such changes and agreement to these Terms.

From time to time Beam Labs develops software updates and firmware updates to improve the functioning of the Services. The installation of these files may happen automatically without any further notice. If you do not want such updates, your only remedy is to cease using and accessing the Services.

 

1. Restrictions
The rights granted to you by these Terms are subject to the following restrictions. You agree that you have no right to modify, reverse engineer, edit, copy, reproduce, disassemble, reverse compile or make derivative works of any part of the Services. You agree that any software that is capable and intended to harm or alter (such as, but not limited to, computer viruses and worms) a computer, mobile devices, data, the product, the product’s software and the Services may not be uploaded or distributed. You are not allowed to gain unauthorized access to the servers or networks connected to the Services. You agree not to access or use the services in order to build a similar and/or competitive service.

 

2. Termination
If you violate the terms of the site, Beam Labs will reserve the right to terminate service without prior notice. Beam Labs will not be liable to you and/or any third party for termination of access to our Services as a result of any violation of our Terms of Use.

 

3. Security information
We cannot guarantee that unauthorized third parties will never bypass our security and not gain access to personal information. You acknowledge that you provide your personal information at your own risk.

Beam Labs does not promise that the website can be interrupted, is error free, or that the use of this site will provide any specific result. Beam Labs shall have no liability for interruptions or any errors in Internet and do not guarantee that the Web Site, it’s content or any communication from Beam Labs is free from harmful elements such as viruses. Beam Labs shall have no liability for any damage suffered in these cases. Beam Labs is not responsible for typographical or graphical errors that may appear in the Services.

This Site provides links to other websites. Beam Labs is not responsible for any content, images, products, services or links displayed on these sites.

We have the sole right to shut down the Web Site or any part thereof for any reason at any time without notice or consent.

 

4. Privacy notice
The Terms of Use also govern the privacy notice. You agree to acknowledge and accept the privacy notice by using the Services. Please visit and read the privacy notice carefully before using or accessing the Services.

 

5. App Stores
You agree that the availability of the Mobile Apps is dependent on the third party websites/applications from which you download these apps, such as Apple’s App Store and Google’s Play Store (collectively called “APP STORES”). Each of these stores have their own terms and conditions you must agree with before downloading our Mobile Apps. If the terms of the Stores conflict with these Terms, the more restrictive terms and conditions in these Terms apply.

 

6. Third Party Content
Third party content is available on our website in the form of links to external web sites, such as press reviews of our product or software. You can also download third party applications on Beam, by using the Google Play Store. When using our Services, you understand and acknowledge that you will be exposed to a wide variety of sources, and we are not responsible for the safety, usefulness and accuracy of such content. You understand and acknowledge that you may be exposed by content that is indecent, offensive or inaccurate and you agree to waive any legal or equitable rights or remedies you have or may have against Beam Labs regarding this content.

 

7. Intellectual property information
Intellectual property rights such as copyrights, patents, trademarks and trade secrets in the product, product software and Services are owned by Beam Labs. You acknowledge and agree with this. We respect the intellectual rights of others and we ask you to do the same. Beam Labs may terminate service and access to the Services for users who infringe our intellectual property rights. You agree and acknowledge that you may not change, alter or delete any notice of copyrights, trademarks or patents mentioned in our Services.

You may only copy parts of the Services for personal use. You may not use its content in a commercial or any other public way. You shall not incorporate any of this content onto your own Web Site without prior consent of Beam Labs.

 

8. Indemnity
You agree to indemnify and hold harmless Beam Labs from any damages, liabilities, costs, expenses, claims or demands (including reasonable attorneys’ and professionals’ fees and litigation costs) arising out of the violation of these Terms, your use of the products and Services and your violation of any law.

The following disclaimers, exclusions, and limitations of liability under these Terms will not apply to the extent prohibited by applicable law. Some jurisdictions do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages or other rights, so those provisions of these Terms may not apply to you.

 

9. Warranty Disclaimers
The limited warranty for our products is listed in our Warranty Policy.

Your use of the Sites and Services are at your own risk. The Services are provided on an “as is” and “as available” basis. Beam Labs expressly disclaims any warranties and conditions, including the warranty of implied merchantability, fitness for a particular purpose and the warranty of non-infringement.

Beam Labs makes no guarantee that the Services are available on an uninterrupted error-free basis, will have compatibility with your home network and computer or mobile devices. Beam Labs does not provide any warranties against viruses, spyware or malware that may be installed on your computer or mobile device.

Beam Labs will not be responsible or liable for copyright compliance, legality or decency of material contained in or accessed through the Services.

 

10. Limitation of liability
Beam Labs will in no event be liable for any indirect, punitive, incidental, special, consequential damages or any damages whatsoever, including any damages for lost data or lost profits, arising out or in any way connected with the Services or the product. Under no circumstances will Beam Labs be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred in connection with use of or exposure to any content posted, emailed, accessed, transmitted or otherwise made available via the services.

Beam Labs’ total cumulative liability to any third party for all damages, losses and causes of action (whether in contract, tort, including negligence and strict liability, or otherwise) exceed the greater of the purchase price of the products purchased on the site in the twelve months prior to the date of the initial claim made against Beam Labs.

Nothing in these Terms and in particular within this “Limitation of Liability” clause shall attempt to exclude liability that cannot be excluded under applicable law.

 

11. Dispute resolution
These Terms of Use shall be governed by and construed in accordance with the laws of The Netherlands. You agree to the non-exclusive jurisdiction of the courts in Amsterdam, The Netherlands for any disputes, claim or cause of action arising out of, or relating to or in connection with these Terms of Use or your use of our Services, including any disputes relating to the existence or validity of these Terms of Use, provided that you agree to submit any such disputes, claims or causes of action exclusively to the courts of Amsterdam, The Netherlands.

 

12. Waiver

Any failure by Beam Labs to exercise or enforce any right or provision of these Terms shall not be regarded as a waiver of such right or provision. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

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