Terms of Service
These Terms of Use govern the use and access of Beam Impact, Inc.’s (“Beam”, “we”, “our” or “us”) mobile application (the “App”), our website available at https://beamimpact.com/ (the “Site”) and related services (collectively, the “Offerings”). Our Offerings enable customers to turn a portion of their purchases at participating brands such as retailers and others like coffee shops and restaurants (“Brand Partners”) into charitable donations. By using our Offerings you understand and agree to the following Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS OF USE, DO NOT ACCESS OR USE THE OFFERINGS.
ligibility. Anyone under the age of 13 is strictly prohibited from creating an account for the Offerings.
Changes to Terms of Use. We reserve the right in or sole discretion, to change, modify, add, or remove portions of the Terms of Use at any time. We encourage you to review the Terms of Use periodically.
Online Privacy Policy. Our Privacy Notice describes our practices concerning personal information that you provide or that we may collect in connection with the Offerings, and by accepting these Terms of Use, you consent to our collection, use, disclosure and transfer of personal information in compliance with our Privacy Notice.
License to Use the Offerings. Subject to these Terms of Use, you are hereby, granted a non-exclusive, limited, non-transferable, freely revocable license to use and access the Offerings for your personal use only and as permitted by the features of the Offerings. Beam reserves all rights not expressly granted herein in the Offerings and the Beam content (as defined below). Beam may terminate this license at any time for any reason or no reason.
Beam Accounts. Your Beam account gives you access to the Offerings, which we may establish and maintain from time to time and in our sole discretion. You may never use another user’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account and you must keep your account password secure. We encourage you to use ‘’strong’’ passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify Beam immediately by email at hi@beamimpact.com of any breach of security or unauthorized use of your account. Beam will not be liable for any losses caused by any unauthorized use of your account.
Service Rules:
Use of Your Donation/ About the Causes.
The Offerings allow you to chose a non-profit organization (a ‘’Cause’’) listed on either the App or the Site, and direct a donation to the Cause with every purchase at participating brands such as retailers and others like coffee shops and restaurants (“Brand Partners”). Causes are listed on the Offerings at Beam’s discretion; however, we are not responsible for the activities of any Brand Partners or Cause. A charity must have the appropriate authorization, permit or license to operate as a charity, as required by the local laws of the territory in which it operates.
Beam does not guarantee that your donations will be used for any particular purpose and shall not be responsible for any dissatisfaction you may have regarding a Cause's use of any donation you may make through the Offerings or for any misuse or non-use of such donations by a Cause. Please note that recipient organizations reserve the right to use your donation for their general purposes in accordance with their practices and rules. Beam shall not be responsible for ensuring that funds are earmarked for a particular appeal.
Use of Plaid Inc.
Beam’s card-linking feature is powered by Plaid Inc. (“Plaid”), a company that provides technology to allow you to easily connect your bank account to Beam in order to make an impact with each purchase at a partner brand. If you elect to have Beam access information from third party accounts by providing access information to such third-party account, our service provider Plaid, will access such third-party accounts for the purposes of performing the services related to the Cause you selected. By providing the requisite access information to Beam, you grant Plaid permission and authority to access the relevant third party accounts, on your behalf or on behalf from the principal account holder, and retrieve the relevant information to make it available as part of the Offerings and agree to be bound by Plaid’s terms of use in addition to these Terms of Use. You are not permitted to provide Beam with any access information for any third-party accounts for which you are not the principal account holder unless you have the authority to act on behalf of the principal account holder. The information that you share is collected and protected exclusively by Plaid, and Beam has no access to it. For more information on what data is collected and how it is used please refer to our Privacy Policy: https://beamimpact.com/privacy-policy.
You agree not to engage in any of the following prohibited activities: (a) copying, distributing, or disclosing any part of the Offerings in any medium, including without limitation by any automated or non-automated ‘’scraping’’; (b) using any automated system, including without limitation ‘’robots,’’ ‘’spiders,’’ ‘’offline readers,’’ to access the Offerings in a manner that sends more request messages to the Beam servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (c) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Offerings; (d) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (e) uploading invalid data, viruses, worms, or other software agents through the Offerings; (f) collecting or harvesting any personal information from the Offerings; (g) using the Offerings for any commercial solicitation purposes; (h) impersonating another person or otherwise misinterpreting your affiliation with a person or entity, conducting fraud; (i) interfering with the proper working of the Offerings; (j) accessing any content on the Offerings through any technology or means other than those provided or authorized by the Offerings; or (k) bypassing the measures we may use to prevent or restrict use or copying of any content or enforce limitations on use of the Offerings on the content therein.
Beam may, without prior notice, change the Offerings; stop providing the Offerings or features of the Offerings to you or to users generally; or create usage limits for the Offerings. We may permanently or temporarily terminate or suspend your access to the Offerings without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms of Use, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms of Use.
Arbitration. For any dispute with Beam, you agree to first contact us at hi@beamimpact.com and attempt to resolve the dispute with us informally. In the unlikely event that Beam has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding any Beam’s claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, ‘’Claims’’), by binding arbitration by the American Arbitration Association (‘’AAA’’) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. The arbitration will be conducted in New York, New York unless you and Beam agree otherwise. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive infringement, misappropriation, or violation of that party’s data security, intellectual property rights, or other proprietary rights. YOU AGREE THAT BY ENTERING INTO THESE TERMS OF USE, YOU AND BEAM ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND BEAM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLANTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATORS AND CLASS ACTIONS ARE NOT PERMITTED.
Our proprietary Rights. The App, the Site and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and all intellectual property rights related thereto (the foregoing intellectual property and rights therein, the ‘’Beam content’’), are the exclusive property of Beam. Except as explicitly provided herein, nothing herein shall be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, adapt, edit or create derivative works from any Beam Content. Use of the Beam Content for any purpose not expressly permitted by these Terms of Use is strictly prohibited.
App Store Providers Terms. Apple Inc. or Google Inc. will be a third-party beneficiary to these Terms of Use if you access the App using applications developed for Apple iOS, Android, or Microsoft Windows-powered mobile devices, respectively. These third-party beneficiaries are not parties to this agreement and are not responsible for the provision or support of the Offerings in any manner. Your access to the Offerings using these devices is subject to terms set forth in the applicable third-party beneficiary’s terms of service. We encourage you to read the terms of service of any App Store provider before downloading the App. The following additional terms apply to your use of the LiveSafe mobile application obtained through the Apple Store:
1. You will only use the application in connection with a device that you own or control;
2. You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the application;
3. In the event of any failure of the application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’ sole warranty obligation to you will be to refund to you the purchase price, if any, of the application;
4. You acknowledge and agree that LiveSafe, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the application;
5. You acknowledge and agree that, in the event of any third party claim that the application or your possession and use of the application infringes that third party’s intellectual property rights, LiveSafe, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
6. You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties; and
7. Both you and LiveSafe acknowledge and agree that, in your use of the application, you will comply with any applicable third-party terms of agreement which may affect or be affected by such use.
Closing Your account. You may delete your Beam account at any time. To delete your account, email hi@beamimpact.com. Include your name, the email address you registered with, and a phone number where you can be reached. Your account will be deleted within 48 business hours of your deletion request.
Indemnity. You agree to defend, indemnify and hold harmless Beam and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and director, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (a) your use of and access to the Offerings, including any data or content transmitted or received by you; (b) your violation of any term of these Terms of Use; (c) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (d) your violation of any applicable law, rule or regulations; (v) any claim or damages that arise as a result of any feedback, suggestions, user tips you provide or any of the foregoing that is submitted via your account; or (e) any other party’s access and use of the Offerings with your unique username, password or other appropriate security code. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim and to reimburse us for the reasonable costs and expenses thereof.
No Warranty. YOUR USE OF THE OFFERINGS IS AT YOUR SOLE RISK. ANY INFORMATION OR DATA WITHIN THE OFFERINGS MAY NOT BE ACCURATE. BEAM’S OFFERINGS ARE PROVIDED ‘AS IS’ AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR FOR FAILURE OR PERFORMANCE. BEAM DOES NOT WARRANT THAT THE OFFERINGS WILL BE FREE FROM DEFECTS OF ERRORS. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS THEREFORE STRICTLY AT YOUR OWN RISK. BY DOWNLOADING THE APP OR ACCESSING THE SITE, YOU EXPRESSLY AGREE TO HOLD BEAM HARMLESS FROM ANY LOSS, HARM, INFURY, OR DAMAGE WHATSOEVER ARISING FROM OR ARISING OUT OF YOUR USE OF THE OFFERINGS, AS APPLICABLE.
Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BEAM, ITS SUBSIDIARIES, AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICERSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE OFFERINGS. UNDER NO CIRCUMSTANCES WILL BEAM BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE OFFERINGS OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BEAM ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACURACIES OF THE CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR OFFERINGS; (III) ANY UNAUTHORIZES ACCESS TO OR USE OF OUR OFFERINGS, SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE OFFERINGS; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR OFFERINGS BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE OFFERINGS; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL BEAM, ITS SUBSIDIARIES, AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING $100.00.
Governing Law. These Terms of Use shall be governed by and construed solely in exclusively in accordance with the laws of the Commonwealth of New York, New York without giving effect to any law that would result in the application of the law of another jurisdiction.
We partner with PayPal Giving Fund (PPGF) to enable donations to
support charities. PPGF is a charity that uses PayPal technology to help
people support their favorite charities online. PPGF receives donations and
makes grants to charities recommended by its donors, in accordance with
its terms and policies as shown at the point of donation. PayPal Giving
Fund is registered as a Donor Advised Fund in the US, and as a charity in
the other countries where it operates. For more information, and to view its
policies, visit www.paypal.com/givingfund.
Contact Us. Please contact us at the following address: 300 W. 57th St., New York, NY 10019
