Welcome to Beam! We provide an online platform and mobile app that helps homeowners and design professionals design, plan, and manage home remodel projects from start to finish.
Please note that Section 13 contains an arbitration clause and class action waiver. By agreeing to the Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or representative actions.
To access certain aspects of the Beam Platform, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your email address and home address. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. You must be at least 18 years of age to use the Beam Platform.
You are solely responsible for maintaining the confidentiality of your account, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, notify us at email@example.com.
Content that you submit to Beam or upload to the Beam Platform is your content (“Your Content”). Beam does not make any claims to own Your Content. Your Content may include photographs of your home, floor plans, and other design files and drawings.
You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you’re not infringing or violating any third-party rights by providing it to Beam or uploading it to the Beam Platform.
By providing Your Content to Beam, you grant Beam a license to use it. In legal terms, you grant Beam a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute Your Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed, solely for the purposes of operating, developing, providing, and using the Beam Platform. You agree not to assert any moral rights or rights of publicity against us for using Your Content.
This means, for example, that we are allowed to share Your Content with our vendors, who use it to create floor plans and 3D CGI renderings (“Design Files”) of your project, or our network of Design Pros, who may use it to provide professional remodeling services (“Professional Remodeling Services”) to you.
Your Content cannot be unlawful, harmful, hateful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, pornographic, profane, racially disparaging, indecent, or invasive of another’s privacy.
All intellectual property in or related to the Beam Platform (including, but not limited to, our software, the Beam Trademarks, and blog articles) is the property of Build with Beam, Inc., its subsidiaries and affiliates or its licensors. The content, information and services made available through the Beam Platform are protected by U.S. and international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable. You acknowledge that you do not acquire any ownership rights by using the Beam Platform.
Subject to these Terms, we grant you a limited non-exclusive license to use and access the Beam Platform. Except as expressly agreed to otherwise by us, your use of the Beam Platform is limited to your personal, non-commercial use. We may terminate this license at any time, for any reason. You may not copy, modify, sell, distribute, or lease any part of the Beam Platform.
The name “Beam” and the other Beam trademarks, phrases, logos, and designs that we use in connection with our Services (the “Beam Trademarks”), are trademarks, service marks, or trade dress owned by Beam. You may not use them without prior written consent.
The Terms will govern any updates provided to you by Beam that replace and/or supplement the Beam Platform, unless such upgrade is accompanied by a separate set of terms and conditions, in which case those terms and conditions will govern.
We love to hear your ideas about how we can improve the Beam Platform and user experience. Any unsolicited ideas or other materials you submit to Beam (not including Your Content) are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
Beam reserves the right to change, suspend, or discontinue any of the Beam Platform for you, at any time, for any reason. We will not be liable to you for the effect that any changes to the Beam Platform may have on you.
You understand that all Design Files, including floor plans and 3D renderings, are for conceptual, not construction, use only. You are solely responsible for verifying any dimensions contained within the Design Files before using them to make any construction, materials, or product purchases and decisions. As set forth in Section 8 (“Disclaimer of Representations or Warranties”), Beam does not represent or warrant that the Design Files will be accurate, reliable, or will meet your expectations and we expressly disclaim any and all liability for any loss, damage, or injury based on information directly or indirectly obtained through the Design Files.
You may be provided the opportunity on the Beam Platform to purchase products that are offered by Beam.
The receipt of an order number or an email order confirmation does not constitute acceptance of an order or a confirmation of an offer to sell. Beam reserves the right to refuse service to any customer for any reason. Verification of information may be required prior to Beam’s acceptance of an order. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason.
Product prices are displayed during the ordering process that you go through on the Beam Platform. Prices are valid for a period of one (1) year from date of purchase; purchases redeemed after this time period are subject to revision by Beam. You agree to pay the price listed, as well as any applicable sales tax, at the time of checkout. All prices are exclusive of applicable taxes, unless otherwise stated, and you are solely responsible for the payment of any such taxes that may be imposed on your use of the products provided to you.
Beam uses third parties to process payments. Our third-party payment processors accept payments through various credit cards, as detailed on the applicable payment screen. When you make a purchase, you will provide your payment details and any additional information required to complete your order directly to our third-party payment processor. Online payment transactions are subject to validation checks by our payment processor and your card issuer. We are not responsible if your card issuer declines to authorize payment for any reason. For your protection, our payment processor uses various fraud prevention protocols and industry standard verification systems to reduce fraud and you authorize it to verify and authenticate your payment information. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this.
Beam may offer full or partial refunds at its sole discretion. Please email firstname.lastname@example.org to request a refund.
Beam provides a venue for homeowners to discover and hire home renovation and design professionals (“Design Pros”). You may be provided the opportunity, either through the Beam Platform or an interaction with a Beam employee, to match with a member of Beam’s network of Design Pros. By hiring one of Beam’s Design Pros for Professional Remodeling Services, you are not purchasing Professional Remodeling Services directly from Beam, but from the Design Pro you hire, even though invoices for Professional Remodeling Services are issued and paid through the Beam Platform.
Beam is not a party to the contracts you enter into with any Design Pros for Professional Remodeling Services and you assume the entire risk of hiring a Design Pro. Each Design Pro has its own turnaround times, service offerings, and fees. Beam is not acting as an agent in any capacity for any Design Pro, nor does Beam control, offer, or manage any of the Professional Remodeling Services in any way. We do not pre-screen or vet our Design Pros and the availability of any Design Pro Services and the existence of Design Pros on the Beam Platform does not imply our endorsement of a Design Pro or their services. This means it is your responsibility to investigate a Design Pro to determine whether they are suitable for you.
When paying invoices for Professional Remodeling Services issued through Beam, you authorize Beam and our payment processors to process your payment in accordance with the terms set forth in Section 5.D. (Third party payment processing). You agree to pay the entire amount that you approve, including any taxes and fees. If such amounts are reversed and deducted from our accounts, you agree to remit the amounts to us and, if you fail to do so, you authorize us and our third-party payment processor to collect the amounts from you, using any legal manner without prejudice to any other right or remedy we may be entitled to under these Terms or by law.
You may terminate your account at any time through your account settings. After termination, you remain responsible for paying any unpaid bills or invoices for products and services purchased prior to termination, even if you have not yet received those products or services, or if they have not yet been performed.
At our discretion, we may terminate or suspend your account and your access to the Beam Platform if we have reason to believe that you, Your Content, or your use of the Beam Platform violate any of these Terms.
If either you or Beam terminates your account, you may lose access to Your Content or any information associated with your account.These Terms will remain in effect after your account terminates, or you end use of the Beam Platform.
To the maximum extent permitted by law, the Beam Platform, including Design Files, are provided “as is” without warranty of any kind and we disclaim all warranties, whether express or implied. For example: (i) we do not warrant the accuracy, reliability, completeness, quality or timeliness of the Beam Platform, including Design Files; (ii) we make no representations about accuracy, reliability, safety, quality, legality, completeness, suitability, or timeliness of any content or products provided by our third-party service providers, including Design Pros; (iii) we do not warrant the performance or non-interruption of our Services; and (iv) we do not warrant that any verification, vetting, identity or background checks have been performed on any Design Pros. The disclaimers in these Terms apply to the maximum extent permitted by law.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER BEAM (INCLUDING OUR AFFILIATES AND PERSONNEL) NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE BEAM PLATFORM SHALL BE LIABLE TO YOU FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, LOST PROFITS, SERVICE INTERRUPTION, LOSS OF GOODWILL, PERSONAL INJURY OR PROPERTY DAMAGE ARISING OUT OF OR IN CONNECTION WITH (I) THESE TERMS, (II) THE USE OR INABILITY TO USE THE BEAM PLATFORM, OR (III) ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS YOU MAY HAVE WITH SOMEONE YOU INTERACT OR MEET WITH THROUGH, OR AS A RESULT OF, YOUR USE OF THE BEAM PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF BEAM OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY LAW, AND IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT BEAM OR ITS AGENTS, EMPLOYEES, OFFICERS OR DIRECTORS, IS LIABLE FOR DAMAGES, IN NO EVENT SHALL BEAM’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) RELATED TO THE BEAM PLATFORM EXCEED THE GREATER OF (1) $100 OR (2) THE AMOUNT YOU PAID BEAM IN THE 12 MONTHS BEFORE THE CLAIM ACCRUED. SOME JURISDICTIONS DO NOT ALLOW LIMITATION ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
To the fullest extent permitted by law, you agree to indemnify, defend and hold harmless Beam, its officers, directors, employees, agents and suppliers, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees and costs) relating to or arising out of (i) your use of the Beam Platform in a manner not authorized by these Terms, (ii) your violation of any of these Terms or your use or misuse of the Beam Platform, (iii) your violation of any rights of a third party, and (iv) Your Content. Beam reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Beam with respect to such defense, including without limitation in asserting any available defenses.
Our Services are controlled, operated and administered by Beam from our offices within the USA. If you access the Beam Platform from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use any content accessed through the Beam Platform in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides a legal procedure for copyright owners to request to remove infringing content from the Beam Platform. If content that you own or have rights to has been posted to the Beam Platform without your permission and you want it removed, please send a "Notification of Claimed Infringement" to email@example.com that contains the following information:
If you misrepresent that material is infringing, you may be liable for damages (including costs and lawyers' fees). If you are unsure whether the material is infringing, please consult a lawyer before submitting a notice to Beam. Fraudulent or abusive notices may result in account termination or other legal consequences.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Beam a counter-notice. Counter-notices must contain the following information:
We will terminate your account if you receive repeat or multiple notices of intellectual property infringement in appropriate circumstances and at our discretion.
Build with Beam, Inc.
113 Cherry Street, #85475
Seattle, WA 98104
Choice of Law.
To the maximum extent permitted by law, these Terms will be governed solely by the internal laws of the State of New York, without regard to its conflict of law rules.
You agree that you are required to resolve any dispute or claim you may have against Beam by final and binding arbitration, rather than in court, except that you or Beam may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). Any arbitration shall be administered by the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms you can find the AAA Rules here), unless otherwise required by law. Arbitration, including threshold questions of arbitrability of the dispute, will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction.
Any arbitration or mediation under the Terms will take place on an individual basis. You understand that by agreeing to the Terms, you and Beam are each waiving the right to trial by jury or to participate in a class action lawsuit. Class arbitrations shall only be available if requested by either party under its Class Action Arbitration Rules and approved by the arbitration entity. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator or mediator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court, and your claim remains on an individual, non-representative, and non-class basis.
Payment for any and all reasonable AAA filing, administrative, and arbitrator fees will be in accordance with the AAA Rules. If the value of your claim does not exceed $10,000 USD, Beam will pay for the reasonable filing, administrative, and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose.
Any legal action against Beam related to our Services must be filed and take place in New York County, New York. For all actions under the AAA Rules, the proceedings may be filed where your residence is, or in New York, New York, and any in-person hearings will be conducted at a location which is reasonably convenient to both parties taking into account their ability to travel and other pertinent circumstances. For any actions not subject to arbitration or mediation, you and Beam agree to submit to the personal jurisdiction of a state or federal court located in New York County, New York.
You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: 113 Cherry Street #85475, Seattle WA 98104, or by emailing us at: firstname.lastname@example.org within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
Notwithstanding any provision in this Agreement to the contrary, you agree that if Beam makes any future material change to this “Disputes with Beam” section, it will not apply to any individual claim(s) that you had already provided notice to Beam. Beam will notify you of substantive changes to this section at least 30 days prior to the date the change will become effective. If you do not agree to the modified terms, you may send us a written notification (including email) or close your account within those 30 days. By rejecting a modified term or permanently closing your account, you agree to arbitrate any disputes between you and Beam in accordance with the provisions of this “Disputes with Beam” section as of the date you last accepted the Terms, including any changes made prior to your rejection. If you reopen your closed account or create a new account, you agree to be bound by the current version of the Terms.
If any portion of this “Disputes with Beam” section is found to be unenforceable or unlawful for any reason, (i) the unenforceable or unlawful provision shall be severed from the Terms; (ii) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the “Disputes with Beam” section or the parties’ ability to compel arbitration of any remaining claims on an individual basis; and (iii) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Beam as a result of the Terms or use of our Services. If any part of the Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms shall continue in effect.
A party’s failure to enforce any part of these Terms will not be considered a waiver. You will not transfer any of your rights or obligations under the Terms to anyone else without Beam’s consent.
Unless otherwise specified herein, the Terms constitute the entire agreement between you and Beam with respect to the Beam Platform. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
If you have any questions about the Terms, please contact us at email@example.com.