PLEASE READ CAREFULLY THESE TERMS OF USE, AS THEY CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU AND BEACON MOBILE ("Beacon Mobile", "we" or "us"
as the context requires), AND GOVERN YOUR USE OF THIS WEBSITE AND THE SERVICES WE PROVIDE, INCLUDING MOBILE APPLICATIONS. BY USING THIS WEBSITE, THE SERVICES
OFFERED ON THIS WEBSITE, OR THE MOBILE APPLICATIONS WE DEVELOP, YOU
ARE ACCEPTING AND AGREEING TO THESE TERMS ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT,
AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE TO THESE TERMS ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT. IF YOU DO NOT AGREE WITH THESE TERMS OF
USE, YOU MAY NOT ACCESS OR USE THE WEBSITE, THE SERVICES OFFERED ON THIS WEBSITE, OR THE MOBILE APPLICATIONS WE DEVELOP. BEACON MOBILE MAY CHANGE, AT ITS DISCRETION, THE TERMS AND
CONDITIONS (TERMS OF SERVICE), IN WHOLE OR IN PART, AT ANY TIME WITHOUT PRIOR NOTICE. CHANGES WILL BE VALID WHEN PUBLISHED ON THIS WEBSITE. YOUR USE OF THIS WEBSITE AND SERVICES WE PROVIDE IS
CONSIDERED AS ACCEPTANCE OF THESE CHANGES.
1. Use of the Beacon Mobile Website and Services
We publish and maintain our website (www.beaconmobile.com) and its text, images, content and other information solely for your personal, non-commercial use,
and solely for informational purposes. All other uses are prohibited without our express prior written consent. We may discontinue your use of or access
to this website or portions thereof at any time in our sole discretion without any advance notice to you. We may discontinue publication and maintenance
of this website or portions thereof at any time in our sole discretion. Beacon Mobile provides users a web-based software tool that enables individuals and businesses
to create and manage mobile applications for deployment to mobile devices, such as phones and tablets (the "Services").
2. Distribution of Mobile Applications
Mobile applications built using Beacon Mobile's web-based software tools will be available for download on the Apple iOS App Store and Android Google Play App Store.
Beacon Mobile reserves the right to distribute your mobile application(s) to other reputable app stores as deemed appropriate and beneficial to You. All
applications will be submitted either under Beacon Mobile's own accounts or accounts created on Your behalf. We cannot guarantee the acceptance
of a mobile application into any application store. If applications are rejected you will be refunded the appropriate amount. You are responsible for the
promotion and marketing of Your mobile application.
3. Your Content Obligations
As you design and manage your mobile application using Beacon Mobile's services, you must not include any Content that we reasonably believe: creates a risk
to a person's safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law
enforcement bodies; is discriminatory in any way, including by way of sex, race, or age discrimination; constitutes or encourages child pornography
or is otherwise obscene, sexually explicit or morally repugnant; is excessively violent, incites violence, threatens violence, or contains harassing
content or hate speech; infringes another person's trade or service mark, patent, or other property right; is defamatory or violates a person's privacy; is
intended to assist others in defeating technical copyright protections; improperly exposes trade secrets or other confidential or proprietary information of
another person; is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes; facilitates any
activity or conduct that is or may be defamatory, pornographic, obscene, indecent, abusive, offensive or menacing; involves theft, fraud, drug-trafficking,
money laundering or terrorism; is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to us; and is otherwise malicious,
fraudulent, or may to result in retaliation against us by offended viewers; promote a service which can be reasonably classified as a competitor of the Beacon
Mobile service.
4. Indemnity
You agree to hold harmless and indemnify Beacon Mobile, its officers, subsidiaries, affiliates, successors and assigns against any and all
losses, costs expenses, damages, or other liabilities incurred by Beacon Mobile, and against any cost, liability, loss, damage, cause of
action, claim, suit, proceeding, demand or action brought by a third party against Beacon Mobile in connection with your use of this website
and the services offered on this website, including any content posted or information submitted to this website and payment obligations
incurred through use of this website.
5. International Use
This website is controlled and operated from its facilities in the United States. Beacon Mobile makes no representations that this website is
appropriate or available for use in other locations. Those who access or use this website from other jurisdictions do so at their own volition
and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export
and import regulations. You may not use or access this website if you are a resident of a country embargoed by the United States, or are a foreign
person or entity blocked or denied by the United States government. In particular, you: (a) represent that you are not a party identified on any
government export exclusion list, including but not limited to the U.S. Denied Persons, Entity, and Specially Designated Nationals Lists, nor will
you transfer software, technology and other technical data via Beacon Mobile to parties identified on such lists; (b) agree not to use Beacon Mobile
for military, nuclear, missile, chemical or biological weaponry end uses in violation of U.S. export laws; (c) agree not to transfer, upload or
post via Beacon Mobile any software, technology or other technical data in violation of U.S. or other applicable import or export laws.
6. No Warranty
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THIS WEBSITE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE,
ACCURACY AND EFFORT IS WITH YOU AND BY USING THIS WEBSITE OR THE SERVICES (DEFINED BELOW) YOU HAVE ACCEPTED THAT RISK. TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, THIS WEBSITE AND ANY SERVICES, APPLICATIONS, PRODUCTS AND SOFTWARE PERFORMED, DELIVERED, DOWNLOADED FROM US OR OTHERWISE PROVIDED
BY THIS WEBSITE (ALL COLLECTIVELY, "SERVICES") ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WE HEREBY
DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE OR USE, OF ACCURACY, OF QUIET ENJOYMENT,
AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICES, THAT THE FUNCTIONS CONTAINED
IN OR PERFORMED OR PROVIDED BY THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR
THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR OUR AUTHORIZED REPRESENTATIVE SHALL CREATE A
WARRANTY. SHOULD THE SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE EXCLUSIONS AND
LIMITATIONS CONTAINED IN THESE TERMS OF USE MAY NOT APPLY TO YOU. IN MAKING ANY DECISION, YOU MUST RELY ON YOUR OWN EXAMINATIONS BEFORE DECIDING
WHETHER TO MAKE ANY INVESTMENT OR PURCHASE. ACCORDINGLY, YOU SHOULD, AMONG OTHER THINGS, CONSIDER CAREFULLY THE RISKS AND UNCERTAINTIES AND CONSULT
WITH YOUR OWN ATTORNEY, BUSINESS ADVISOR AND TAX ADVISOR AS TO ALL MATTERS, INCLUDING THE LEGAL, BUSINESS INVESTMENT AND TAX IMPLICATIONS OF ANY
INVESTMENT OR PURCHASE. YOU MAY LOSE PART OR ALL OF YOUR INVESTMENT.
7. Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL ANY MEMBER OF BEACON MOBILE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, PUNITIVE,
SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS
INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE PRODUCTS OFFERED BY BEACON MOBILE,
HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF ONE OR MORE MEMBERS OF BEACON MOBILE HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. BEACON MOBILE IS NOT RESPONSIBLE FOR ANY REJECTIONS OF YOUR APP
USING OUR APP BUILDER SOFTWARE BY THE APPLE APP REVIEW TEAM OR GOOGLE PLAY REVIEW TEAM. YOU ARE RESPONSIBLE FOR FOLLOWING THE RULES AND GUIDELINES SET
FORTH BY APPLE AND GOOGLE FOR RELEASING APPS INTO THEIR RESPECTIVE APP STORES.
Last Updated January 27, 2016
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