End-User License Agreement ("Agreement")
Last updated: June 12, 2020
Please read this End-User License Agreement ("Agreement") carefully before checking the "I Agree" checkbox, downloading or using Beacon apps, websites, and/or technologies ("Products").
By checking the "I Agree" checkbox, downloading or using Products, you are agreeing to be bound by the terms and conditions of this Agreement.
This Agreement is a legal agreement between you (either an individual or a single entity) and Mass Luminosity, Inc. and it governs your use of Products made available to you by Mass Luminosity, Inc.
If you do not agree to the terms of this Agreement, do not click on the "I Agree" button and do not download or use Products.
Products is licensed, not sold, to you by Mass Luminosity, Inc. for use strictly in accordance with the terms of this Agreement.
Mass Luminosity, Inc. grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use Products strictly in accordance with the terms of this Agreement.
You agree not to, and you will not permit others to:
license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit Products or make Products available to any third party.
copy or use Products for any purpose other than as permitted under the above section 'License'.
modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of Products.
remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Mass Luminosity, Inc. or its affiliates, partners, suppliers or the licensors of Products.
Products, including without limitation all copyrights, patents, trademarks, trade secrets and other intellectual property rights are, and shall remain, the sole and exclusive property of Mass Luminosity, Inc.
Maintenance and Support
Beacon does provide minimal maintenance or support for it but not to the extent that any maintenance or support is required by applicable law, Beacon, not Apple, shall be obligated to furnish any such maintenance or support.
Any feedback, comments, ideas, improvements or suggestions (collectively, "Suggestions") provided by you to Mass Luminosity, Inc. with respect to Products shall remain the sole and exclusive property of Mass Luminosity, Inc.
Mass Luminosity, Inc. shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.
Modifications to Application
Mass Luminosity, Inc. reserves the right to modify, suspend or discontinue, temporarily or permanently, Products or any service to which it connects, with or without notice and without liability to you.
Updates to Application
Mass Luminosity, Inc. may from time to time provide enhancements or improvements to the features/functionality of Products, which may include patches, bug fixes, updates, upgrades and other modifications ("Updates").
Updates may modify or delete certain features and/or functionalities of Products. You agree that Mass Luminosity, Inc. has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of Products to you.
You further agree that all Updates will be (i) deemed to constitute an integral part of Products, and (ii) subject to the terms and conditions of this Agreement.
Products may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services ("Third-Party Services").
You acknowledge and agree that Mass Luminosity, Inc. shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Mass Luminosity, Inc. does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.
Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
Mass Luminosity, Inc. responds to notices of alleged copyright infringement under the United States Digital Millennium Copyright Act. If you believe that your copyright-protected work was posted on Beacon without authorization, you may submit a copyright infringement notification using the contact details below. These requests should only be submitted by the copyright owner or an agent authorized to act on the owner’s behalf.
Returns and Refunds Policy
We issue refunds for digital products and subscription activation fees, sold and offered by Mass Luminosity, Inc., within 15 days of the original purchase of the product or activation of subscription. We may retain any transaction fees charged for processing the payment and the refund.
We issue refunds for digital products and subscription activation fees only under the following conditions, occurence of which will be determined and verified by Mass Luminosity, Inc. at its sole discretion:
- Product or subscription benefits were not used (e.g. if you haven’t received the digital product)
- Product download/activation issues (if you experience problems while downloading/activating the product)
We recommend contacting us for assistance, using the contact details below, if you experience any issues receiving, accessing or using our products and services.
Acceptable Use Policy
You may not use Beacon for activities that:
- violate any law, statute, ordinance or regulation.
- relate to transactions involving (a) narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety, (b) drug paraphernalia, (c) cigarettes, (d) items that encourage, promote, facilitate or instruct others to engage in illegal activity, (e) stolen goods including digital and virtual goods, (f) the promotion of hate, violence, racial or other forms of intolerance that is discriminatory or the financial exploitation of a crime, (g) items that are considered obscene, (h) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (i) certain sexually oriented materials or services, (j) ammunition, firearms, or certain firearm parts or accessories, or (k) certain weapons or knives regulated under applicable law.
- relate to transactions that (a) show the personal information of third parties in violation of applicable law, (b) support pyramid or ponzi schemes, matrix programs, other "get rich quick" schemes or certain multi-level marketing programs, (c) are associated with purchases of annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (d) are for the sale of certain items before the seller has control or possession of the item, (e) are by payment processors to collect payments on behalf of merchants, (f) are associated with the sale of traveler's checks or money orders, (h) involve currency exchanges or check cashing businesses, (i) involve certain credit repair, debt settlement services, credit transactions or insurance activities, or (k) involve offering or receiving payments for the purpose of bribery or corruption.
- involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent.
Term and Termination
This Agreement shall remain in effect until terminated by you or Mass Luminosity, Inc.
Mass Luminosity, Inc. may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from Mass Luminosity, Inc., in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting your Beacon account, Products and all copies thereof from your mobile device and/or from your computer.
Upon termination of this Agreement, you shall cease all use of Products and delete all copies of Products from your mobile device and/or from your computer.
Termination of this Agreement will not limit any of Mass Luminosity, Inc.’s rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.
You agree to indemnify and hold Mass Luminosity, Inc. and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your: (a) use of Products; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.
Products is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Mass Luminosity, Inc., on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to Products, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Mass Luminosity, Inc. provides no warranty or undertaking, and makes no representation of any kind that Products will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither Mass Luminosity, Inc. nor any Mass Luminosity, Inc.’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of Products, or the information, content, and materials or products included thereon; (ii) that Products will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through Products; or (iv) that Products, its servers, the content, or e-mails sent from or on behalf of Mass Luminosity, Inc. are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.
Limitation of Liability
Notwithstanding any damages that you might incur, the entire liability of Mass Luminosity, Inc. and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for Products.
To the maximum extent permitted by applicable law, in no event shall Mass Luminosity, Inc. or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use Products, third-party software and/or third-party hardware used with Products, or otherwise in connection with any provision of this Agreement), even if Mass Luminosity, Inc. or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach.
Class Action Waiver
EACH PARTY WAIVES THE RIGHT TO LITIGATE IN COURT OR ARBITRATE ANY CLAIM OR DISPUTE AS A CLASS ACTION, EITHER AS A MEMBER OF A CLASS OR AS A REPRESENTATIVE, OR TO ACT AS A PRIVATE ATTORNEY GENERAL.
For U.S. Government End Users
Products and related documentation are "Commercial Items", as that term is defined under 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used under 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. In accordance with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
You may not export or re-export Products except as authorized by United States law and the laws of the jurisdiction in which Products was obtained.
In particular, but without limitation, Products may not be exported or re-exported (a) into or to a nation or a resident of any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List.
By installing or using any component of Products, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.
Amendments to this Agreement
Mass Luminosity, Inc. reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Application after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Products.
The laws of Texas, United States, excluding its conflicts of law rules, shall govern this Agreement and your use of Products. Your use of Products may also be subject to other local, state, national, or international laws.
This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Good.
If you have any questions about this Agreement, please contact us.
Mass Luminosity, Inc.
Post Office Box 1388
Lake Dallas, Texas 75065
The Agreement constitutes the entire agreement between you and Mass Luminosity, Inc. regarding your use of Products and supersedes all prior and contemporaneous written or oral agreements between you and Mass Luminosity, Inc.
You may be subject to additional terms and conditions that apply when you use or purchase other Mass Luminosity, Inc.’s services, which Mass Luminosity, Inc. will provide to you at the time of such use or purchase.