This warranty policy applies to all products manufactured by or for Beam Labs B.V. (“Beam Labs”) that are purchased on the site www.beamlabsinc.com, or from an authorized reseller as directed by Beam Labs. The warranty and its obligations only apply for the original purchaser and are limited by the terms set out below.
For a period of two years from the date of your purchase, the product will be eligible under this warranty policy (“The warranty period”). Beam Labs warrants that the product will be free from defects in materials and workmanship under normal use during this warranty period.

If the Product fails the above warranty during the Warranty Period, Beam Labs will, at its sole discretion, either:

• Repair the defective product or component, or;
• Replace the defective product or component.

Beam Labs has the sole discretion to make repairs or replacements with a new or refurbished product or components. From the date of delivery of the repaired product, the product will be covered by the terms of this Warranty Policy for the longer of:

• 90 days from the date of repair or replacement; or
• The remainder of the Warranty Period.

The warranty is transferable from the original purchasers to subsequent owners, but the Warranty Period will not be extended or extended in coverage for any such transfer.
Conditions on reporting your product for warranty: In order to successfully invoke a claim under the Warranty Policy you must:

• Inform Beam Labs within the warranty period at support@beamlabsinc.com;
• Await the RMA email from Beam Labs;
• Return the product to Beam Labs, including the proof and date of purchase from beamlabsinc.com or an authorized seller as directed by Beam Labs;
• When we have received your Product, we will start an investigation concerning the defect of the Product. If our investigation shows that the Product’s defect is not caused by one of the below listed exclusions, we will start the repairs.

Your rights and this warranty

This warranty policy gives you specific legal rights. The terms of this Warranty Policy will apply to the extent permitted by applicable law.

Exclusions

The warranty does not cover consequential damages (including but not limited to loss of data or loss of income), nor compensation for activities done by yourself, such as regular maintenance, installing firmware updates or saving or restoring data.
The warranty excludes, or does not apply if:

• The serial number on the product has been altered, removed or made illegible;
• Product modifications or repairs performed by unauthorized service organizations or persons;
• The defect is the result of excessive use, outside the intended purpose;
• The product has been damaged, including but not limited to, lightning, abnormal voltage, fire, natural disaster, water, or by animals.
• The damage is caused in shipping or transit;
• Image burn-in;
• The defect is caused by abuse of the product;
• The defect is caused by environmental conditions that are not in conformance with the user manual of the product;
• Normal wear and tear;
• The product does not function properly due to problems with access to Wi-Fi networks and faults in the transmission network.

We do not warrant that the operation of the product will be error free or uninterrupted. Beam Labs is not responsible for damages arising from failure to follow instructions relating to the use of the Products.

Limitations

The warranty policy only applies to Products manufactured by or for Beam Labs and contain a valid Beam serial number.
Beam Labs shall in no event be liable for any direct, indirect, punitive, incidental, special consequential damages, to property or life, including but not limited to any damages for lost data or lost profits, the replacement of equipment and property, arising from or relating to the Warranty Policy or the Product. The total cumulative liability of Beam Labs arising from or relating to the Warranty Policy or the Product will not exceed the amount paid for the product by the original purchaser. No warranties will apply after the expiration of the warranty period, whether the warranty is made implicit or explicit. To the maximum extent permitted by applicable law, Beam Labs limits the duration of any applicable implied warranties or conditions to the duration listed in this Warranty Policy.

Disclaimer

Except as stated above in this limited warranty, and to the maximum extent permitted by applicable law, Beam Labs disclaims all express, implied, and statutory warranties. All other warranties, including the implied warranties of merchantability, non-infringement of third party rights and fitness for a particular purpose, are specifically excluded. No warranties will apply after the expiration of the warranty period.

Disputes; Governing law

This Warranty Policy shall be governed by and construed in accordance with the laws of the state 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 the Warranty Policy or your use of the product, including any disputes relating to the existence or validity of the Warranty Policy, provided that you agree to submit any such disputes, claims or causes of action exclusively to the courts of Amsterdam, The Netherlands.

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.

This Privacy Policy is applicable to the following, collectively called, “Services”:

• The websites beamlabsinc.com and www.controlmybeam.com (collectively “Sites”).
• Our products that are purchasable on our Site or from an authorized reseller as directed by Beam Labs B.V. (“Beam Labs”).
• The mobile applications from Beam Labs, such as, but not limited to, ‘Beam Remote’, ‘Beam Weather’ and ‘Beam Clock’.

By accessing or using these Services, you agree to be bound to this Privacy Policy. This Privacy Policy describes information that Beam Labs collects, use, share and store, including personal information (such as your name, e-mail address and billing information, and other personal information).

1. Reasons to collect personal information

We ask you to share your personal data with us for multiple purposes, including, but not limited to:

• Making a purchase on our Web Site, such as buying a Beam-product;
• Helping us improve our Products and Services;
• Keeping you informed with newsletters, updates, and any information regarding our Products;
• Participating in Beam Labs online communities, such as our social media pages;
• Entering a sweepstake or contest;
• To enable us to optimize customer service and continuously improve our Services;
• Resolving customer and/or product issues;
• When downloading or using one of our mobile applications;
• Receiving personalized messages, special offers and advertisements that are relevant to your personal interests, based on the information you have shared with us and information we have collected through techniques such as ‘cookies’ regarding your use of the Beam Labs websites and/or social media. For more information about cookies, please read our Cookie Notice;
• When applying for a job posting.

Please note that if you share information with social media, that information can be viewed publicly and can be used and collected by third parties without our involvement and knowledge, and may result in unsolicited messages from third parties.

We will only process the personal data you have shared with us for the purposes that we have communicated with you. If we use it for other (closely related) purposes, additional data protection measures will be implemented if required by law.

2. The type of information that we collect

We may ask for or receive certain data when you interact with Beam Labs, for example by purchasing a product on our Site, contacting us with personal data to hello@beamlabsinc.com or support@beamlabsinc.com or for example responding on social media updates on Facebook or Twitter. The types of data we can collect are:

• Your name;
• Your email address;
• Your telephone number;
• Your postal address;
• Payment information;
• Your social media profile;
• Your gender;
• Your age;
• Device model and serial number;
• Information about the products you’ve purchased;
• Your usage of and activities on our Beam Labs Services;
• Your interests; and
• Other information related to your online behavior.

We may collect personal data through for example cookies, including, but not limited to:

• Your IP address;
• Your location;
• Your web browser;
• Your cookie ID;
• The web pages you visit on our websites;
• The advertisements you have viewed or clicked on.

3. How we collect and use your personal information

You can share your personal data with Beam Labs in several ways, including, but not limited to:

• Ordering a product;
• Your communications with Beam Labs, for example by contacting our support team by sending an e-mail to support@beamlabsinc.com;
• Participating in a game or promotion;
• Participating in a social media activity related to a promotion for one of our Products (for example by clicking “like” or “share”);
• Subscribing to our newsletter;
• Participating in surveys;
• Cookies placed on your computer or mobile device when you visit our websites;
• By accessing and using our services.

We use the information that we collect in order to:

• Provide you with support;
• Improve the content and features of the Services or develop new Services;
• Analyze the popularity, usability, accuracy or effectiveness of the Services Administer and troubleshoot the Services;
• Provide you with the services and products you have purchased or requested and send you information about your relationship or transactions with us;
• To administer sweepstakes and contests;
• Help preventing fraud and enforce the legal terms that govern your use of the Services.
• If you use our developer services: permit you to obtain materials that enable you to develop applications;
• Generate and review data/reports Service usage patterns;
• Send you marketing e-mails about Beam Labs products, software updates and services that we believe may be of interest to you;
• Update third party applications that you have downloaded to Beam;
• Notify you about new features of the Services;
• Send you newsletters;

4. Information sharing

“We” (Beam Labs) will not share any personal information for commercial or marketing goals, which are not related to the delivery of our Products and Services, without your consent. We never sell or rent our customer lists. We will only disclose personal data in conformance with this Privacy Notice and/or when required by law. We may however share your information for the following purposes:

• We may share your personal information with our service providers, who use your personal information in order to process payments, fulfill orders, delivering certain features and/or services and for marketing. The service provider is only in this context allowed to use your personal information, and they are never allowed to use this information for their promotional purposes;
• We may provide your identity and mobile device identifier to third party app store providers, such as Google’s Play Store and Apple’s App Store, to allow you to download our applications;
• For legal reasons, we may provide information to a party if we believe that we are required to do so, for example to defend against legal claims, or in response to court orders, subpoenas and other legal processes we receive, or to exercise and establish our legal rights;
• User information may be among transferred assets in business transitions, such as the sale of the company and/or all part of its assets;
• Disclosure of information may also be appropriate to investigate violations of the Terms of Use, suspected fraud and for the protection of our property and rights;
• In all other cases when we have your permission.

If we are required by law to obtain your consent, or believe that your consent is appropriate in the given circumstances, we will obtain your consent before we share your personal data.

5. How we protect information

We take our responsibility to protect your personal information seriously. We’ve taken appropriate security measures in order to prevent unauthorized disclosure and use of information, such as secure servers, firewalls and the encryption of certain types of data. We can however not guarantee that personal information will never be disclosed in a manner that is inconsistent with our Privacy Notice.

6. Changes to this policy

We reserve the right to change this Privacy Policy at any given time. We will post any material revisions on our website. The new, changed, Privacy Notice will be effective upon the time of release on our Site. We will post a prominent message on our Privacy Notice page to notify you of any significant changes to this Privacy Notice. At the top of the Privacy Notice, we will place the date of the most recent update. We highly suggest to check the Privacy Notice page every once in a while to review the latest version.

You always have the option to not agree to the revised notice. However, if that is the case, you should alter your preferences, or consider stopping using our Services. If you continue to access or make use of our Services after the changes become effective, you agree to be bound by the revised privacy notice.