Terms of Service

Last Updated: January 26, 2025

1. Agreement to Terms

By accessing or using Beakon's automotive reconditioning management software and services ("Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use our Services.

These Terms constitute a legally binding agreement between you (individually or on behalf of your organization) and Beakon, Inc. ("Beakon," "we," "our," or "us").

2. Service Description

Beakon provides a cloud-based software platform for automotive dealerships to manage vehicle reconditioning processes, including:

  • Vehicle tracking and workflow management
  • Vendor coordination and communication
  • GPS lot tracking and location services
  • Photo documentation and reporting
  • Mobile applications for iOS and Android
  • Integration with dealership management systems (DMS)

3. Account Registration and Eligibility

3.1 Eligibility

You must be at least 18 years old and have the authority to enter into this agreement on behalf of your organization. By creating an account, you represent that all information provided is accurate and complete.

3.2 Account Security

You are responsible for:

  • Maintaining the confidentiality of your account credentials
  • All activities that occur under your account
  • Notifying us immediately of any unauthorized access
  • Ensuring your team members comply with these Terms

4. Subscription and Payment

4.1 Subscription Plans

Beakon offers monthly and annual subscription plans. Pricing is available at beakon.app/pricing and may be updated with 30 days' notice.

4.2 Billing

  • Subscriptions are billed in advance on a monthly or annual basis
  • Payment is due immediately upon subscription or renewal
  • We accept major credit cards and ACH payments
  • All fees are non-refundable except as required by law

4.3 Auto-Renewal

Subscriptions automatically renew unless cancelled at least 24 hours before the renewal date. You can cancel anytime through your account settings or by contacting support.

4.4 Free Trials

We may offer free trials. If you don't cancel before the trial ends, you'll be charged for the subscription. No credit card required for trials unless specified.

5. Acceptable Use

You agree NOT to:

  • Violate any laws or regulations
  • Infringe on intellectual property rights
  • Upload malicious code, viruses, or harmful content
  • Attempt to gain unauthorized access to our systems
  • Reverse engineer, decompile, or disassemble the software
  • Use the Services to spam, harass, or harm others
  • Resell or redistribute the Services without authorization
  • Use the Services for any illegal or unauthorized purpose
  • Interfere with or disrupt the Services or servers

6. Data and Privacy

Your use of the Services is subject to our Privacy Policy. By using Beakon, you consent to our collection and use of data as described in the Privacy Policy.

6.1 Your Data

You retain ownership of all data you submit to Beakon ("Customer Data"). You grant us a license to use Customer Data solely to provide and improve the Services.

6.2 Data Security

We implement industry-standard security measures to protect your data. However, you acknowledge that no system is 100% secure and use the Services at your own risk.

7. Intellectual Property

7.1 Our Rights

Beakon and its licensors own all rights, title, and interest in the Services, including all software, trademarks, logos, and content. These Terms do not grant you any ownership rights.

7.2 License Grant

We grant you a limited, non-exclusive, non-transferable license to access and use the Services during your subscription period, subject to these Terms.

8. Service Availability and Support

8.1 Uptime

We strive for 99.9% uptime but do not guarantee uninterrupted access. We may perform maintenance with or without notice.

8.2 Support

Support is provided via email and in-app messaging during business hours (9 AM - 5 PM ET, Monday-Friday). Response times vary by subscription plan.

9. Termination

9.1 By You

You may cancel your subscription at any time. Cancellation takes effect at the end of your current billing period. No refunds for partial periods.

9.2 By Us

We may suspend or terminate your account if you:

  • Violate these Terms
  • Fail to pay fees when due
  • Engage in fraudulent or illegal activity
  • Pose a security risk to our Services or other users

9.3 Effect of Termination

Upon termination, your access to the Services ends immediately. We will retain your data for 30 days, after which it will be permanently deleted unless required by law.

10. Warranties and Disclaimers

THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the Services will be error-free, secure, or uninterrupted. You use the Services at your own risk.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BEAKON SHALL NOT BE LIABLE FOR:

  • Indirect, incidental, special, consequential, or punitive damages
  • Loss of profits, revenue, data, or business opportunities
  • Service interruptions or data loss
  • Third-party actions or content

Our total liability for any claim shall not exceed the amount you paid us in the 12 months preceding the claim.

12. Indemnification

You agree to indemnify and hold Beakon harmless from any claims, damages, or expenses arising from your use of the Services, violation of these Terms, or infringement of any rights.

13. Dispute Resolution

13.1 Governing Law

These Terms are governed by the laws of [Your State], without regard to conflict of law principles.

13.2 Arbitration

Any disputes shall be resolved through binding arbitration in accordance with the American Arbitration Association rules. You waive your right to a jury trial or class action.

14. Changes to Terms

We may modify these Terms at any time. Material changes will be notified via email or through the Services. Continued use after changes constitutes acceptance of the updated Terms.

15. General Provisions

  • Entire Agreement: These Terms constitute the entire agreement between you and Beakon.
  • Severability: If any provision is found invalid, the remaining provisions remain in effect.
  • Waiver: Failure to enforce any provision does not waive our right to enforce it later.
  • Assignment: You may not assign these Terms without our consent. We may assign them freely.
  • Force Majeure: We are not liable for delays caused by events beyond our reasonable control.

16. Contact Us

Questions about these Terms? Contact us:

Email: legal@beakon.app

Address: Beakon, Inc.
Legal Department
[Your Business Address]