1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "Customer") and Beacony ("Beacony," "we," "us," or "our") governing your access to and use of the Beacony website monitoring platform, including the website at beacony.io, all associated APIs, and related services (collectively, the "Service").

By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

By creating an account or signing in, strictly necessary cookies required for authentication and session management are automatically set on your device. These are essential for the Service to function and do not require separate consent. Optional analytics cookies are only placed with your explicit consent, as described in our Privacy Policy — Cookies.

If you do not agree to these Terms, you must not access or use the Service.

1.1 Definitions

As used throughout these Terms, the following term has the meaning set out below:

"Commercially reasonable efforts" means efforts consistent with those used by similarly situated SaaS providers offering comparable services, taking into account cost, urgency, and the likelihood of success, but does not require a party to take actions that are economically impractical or beyond its reasonable control.

2. Description of Service

Beacony provides a cloud-based website and service monitoring platform that enables users to:

Monitor the availability and performance of websites, APIs, servers, and services through HTTP, Ping, Port, SSL, Keyword, and Heartbeat checks.
Receive real-time alert notifications via multiple channels including email, SMS, WhatsApp, Slack, Discord, webhooks, and PagerDuty.
View analytics, uptime statistics, and performance reports.
Create and manage public status pages.
Manage teams and workspaces with role-based access control.
Access the Service programmatically via API keys.

3. Account Registration & Security

You must provide accurate, complete, and current information during registration and keep your account information updated.
You are responsible for maintaining the confidentiality of your account credentials, including your password and API keys.
You are responsible for all activities that occur under your account, whether or not authorized by you.
You must immediately notify us at support@beacony.io if you suspect unauthorized access to your account.
You must be at least 16 years of age to create an account. If you are under 18, you represent that your parent or legal guardian has consented to these Terms.
We reserve the right to suspend or terminate accounts that contain inaccurate information or that we reasonably believe are being used fraudulently.
If an account is created using an email address owned or controlled by an organization (e.g., a corporate domain), that organization may be deemed the owner of the account and may request administrative control over it by contacting us at support@beacony.io with appropriate proof of domain ownership. Beacony reserves the right to transfer account control to the verified organization in such cases.
By creating an account, you consent to receiving communications from us electronically, including notices, invoices, disclosures, updates, and marketing messages, by email or through the Service. Electronic communications satisfy any legal requirement that such communications be in writing.

4. Subscriptions, Billing & Payments

4.1 Plans

The Service is offered under a freemium model with the following subscription tiers: Free, Popular ($5/month), Plus ($29/month), and Enterprise (custom pricing). Plan features, limits, and pricing are as displayed on our website at the time of purchase and may be updated from time to time with prior notice as described in Section 4.5.

4.2 Billing

Paid subscriptions are billed in advance on a monthly or annual basis, depending on the billing cycle you select.
All payments are processed securely by Stripe, Inc. You agree to Stripe's terms of service in connection with payment processing.
All fees are stated in US Dollars (USD) and are exclusive of applicable taxes, which will be added where required by law.
You authorize us to charge your payment method on file for all applicable fees.
You are solely responsible for all applicable taxes, duties, levies, or governmental assessments associated with your use of the Service, excluding taxes based on Beacony's net income. Where Beacony is required by law to collect and remit taxes on your behalf, such amounts will be added to your invoice.

4.3 Free Trial

Paid plans may include a free trial period. If you do not cancel before the trial ends, you will be automatically charged for the selected plan. We will send a reminder before the trial expires.

4.4 Cancellation & Refunds

You may cancel your subscription at any time through the billing settings in your dashboard or by contacting support.
Upon cancellation, your subscription remains active until the end of the current billing period. No prorated refunds will be issued for the remaining days of a billing period.
After the billing period ends, your account will revert to the Free plan. Your data will be retained for 30 days, after which data exceeding Free plan limits may be deleted.
We may offer refunds on a case-by-case basis at our sole discretion. Refund requests must be submitted within 14 days of the charge.

4.5 Price Changes

We may change our subscription prices with at least 30 days' notice. Price changes will take effect at the start of your next billing cycle. Your continued use of the Service after a price change constitutes acceptance of the new price.

4.6 Alert Credits & Premium Channel Billing

Certain alert channels — specifically SMS and WhatsApp — are classified as premium channels and consume credits from your monthly allowance. The following rules apply:

Credit allocations by plan: Free: 0 credits; Popular: 50 credits/month; Plus: 500 credits/month; Enterprise: unlimited. Each SMS or WhatsApp alert sent consumes 1 credit.
Free channels: Email, Slack, Discord, Webhook, and PagerDuty alerts are unlimited and do not consume credits.
Credit reset: Monthly credit allowances reset automatically at the start of each billing cycle. Unused credits do not roll over.
Credit exhaustion: If your monthly credits are exhausted and overage billing is not enabled on your account, premium channel alerts will be automatically blocked. Email alerts will continue to be sent as a free fallback so you are never left without notification.
Overage billing: If you opt in to overage billing, premium alerts beyond your monthly allowance will be charged at the overage rate displayed in your account settings. Overage charges are added to your next invoice.
Daily safety cap: To protect against runaway costs, a per-account daily cap on premium alerts is enforced based on your plan (Popular: 20/day; Plus: 200/day; Enterprise: unlimited). If the daily cap is reached, no further premium alerts will be sent for that calendar day regardless of remaining monthly credits.
Per-monitor cooldown: A minimum 5-minute cooldown is enforced between consecutive premium alerts for the same monitor to prevent alert storms. This does not affect email, Slack, Discord, Webhook, or PagerDuty notifications.
No refunds for used credits: Credits consumed by sent alerts are non-refundable, including alerts sent during trial periods.

5. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You shall not:

Monitor unauthorized targets. You may only use the Service to monitor websites, APIs, servers, domains, and services that you own, operate, or have explicit written authorization to monitor. You must not use the Service to send monitoring requests to any target that belongs to a third party — including a competitor, another company, or any individual — without their prior written consent. Unauthorized monitoring may constitute unlawful computer access or interference under applicable law. We reserve the right to immediately suspend or terminate your account if we determine, in our sole discretion, that you are monitoring targets you do not own or are not authorized to monitor, and we may report such activity to the appropriate authorities.
Use the Service to conduct denial-of-service attacks or any form of malicious activity against any system.
Circumvent, disable, or interfere with any security, rate-limiting, or access-control features of the Service.
Use the Service to transmit spam, malware, or any unsolicited or unauthorized messages through alert channels.
Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Service.
Resell, sublicense, or redistribute the Service without our written consent.
Use the Service in violation of any applicable law, regulation, or third-party rights.
Create multiple free accounts to circumvent plan limits.
Use automated means to create accounts or interact with the Service in a manner that imposes an unreasonable load on our infrastructure.
Transmit, store, or link to any content that is unlawful, abusive, harassing, threatening, defamatory, fraudulent, or obscene, or that facilitates phishing, impersonation schemes, malware distribution, or any other illegal or harmful activity.
Conduct any penetration testing, vulnerability scanning, fuzzing, stress testing, or security research against the Service or any other user's infrastructure through the Service without our prior written authorization.
Use the Service if you are located in a country or territory subject to U.S. trade sanctions or embargoes, or if you appear on any U.S. government prohibited or restricted parties list (including the OFAC Specially Designated Nationals list). You represent and warrant that neither you nor any person or entity on whose behalf you are acting is subject to such restrictions.

We reserve the right to suspend or terminate your account immediately and without notice if we determine, in our sole discretion, that you have violated this Section.

We reserve the right to request proof of ownership or written authorization for any domain, IP address, endpoint, phone number, status page slug, or third-party integration you configure within the Service. Failure to provide satisfactory proof within a reasonable time may result in the suspension or removal of the relevant configuration.

We reserve the right to limit check frequency, throttle monitor execution, restrict request volume, or disable individual monitors where necessary to maintain platform stability, ensure fair resource allocation, or prevent abuse. Where possible, we will notify you before taking such action, but we may act immediately where required to protect the integrity of the Service.

6. Intellectual Property

6.1 Our Intellectual Property

The Service, including all software, code, design, text, graphics, logos, and other materials, is owned by Beacony and is protected by copyright, trademark, and other intellectual property laws. These Terms do not grant you any right, title, or interest in the Service except for the limited license to use the Service as described herein.

6.2 Your Data

You retain all rights to the data you submit to the Service ("Your Data"). By using the Service, you grant us a limited, non-exclusive, worldwide license to use, process, and store Your Data solely for the purpose of providing and improving the Service. This license terminates when you delete Your Data or your account.

You are solely responsible for maintaining independent backups of any data you submit to the Service. Beacony's data retention practices described in these Terms do not substitute for your own backup and disaster recovery procedures. We are not liable for any loss of data resulting from your failure to maintain such backups.

6.3 Feedback

If you provide suggestions, feature requests, or other feedback about the Service, you grant us an unrestricted, irrevocable, perpetual license to use and incorporate such feedback without obligation or compensation to you.

6.4 Aggregated Usage Statistics

We may collect, generate, and use aggregated and anonymized usage statistics derived from your use of the Service for analytics, benchmarking, product improvement, and other legitimate business purposes. Such aggregated data does not identify you or any individual user, is not considered Your Data under these Terms, and may be used or shared without restriction.

6.5 Copyright Infringement (DMCA)

We respect intellectual property rights and expect users to do the same. If you believe content made available through the Service infringes your copyright, you may submit a notice under the Digital Millennium Copyright Act (DMCA) to our designated agent at support@beacony.io with the following information:

A physical or electronic signature of the copyright owner or authorized representative.
Identification of the copyrighted work claimed to have been infringed.
Identification of the infringing material and information sufficient to locate it on the Service.
Your contact information (name, address, telephone number, and email address).
A statement that you have a good-faith belief the use is not authorized by the copyright owner, its agent, or the law.
A statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the copyright owner.

We will investigate valid notices and, where appropriate, remove or disable access to the infringing content. We operate a repeat infringer policy under which accounts that are the subject of multiple valid DMCA notices may be terminated.

7. Service Level & Availability

7.1 Uptime Target

We aim to maintain 99.9% uptime for the Service. This target excludes scheduled maintenance windows, which will be announced at least 24 hours in advance when possible.

Unless expressly stated in a separate written Service Level Agreement ("SLA") executed between you and Beacony, this uptime target is a goal only and does not constitute a binding commitment. Failure to meet this target does not entitle you to any service credits, refunds, or other compensation. Service-credit obligations arise only where a separate written SLA has been agreed upon in writing and signed by an authorized representative of Beacony.

7.2 No Guarantee

While we strive for high availability, the Service is provided on an "as is" and "as available" basis. We do not guarantee that the Service will be uninterrupted or error-free. Monitoring intervals are approximate and may vary due to network conditions, queue delays, scheduled or emergency maintenance, rate limiting, or infrastructure events outside our control. We do not guarantee that checks will execute at the exact specified interval or that all check results will be recorded.

7.3 Scheduled Maintenance

We may perform scheduled maintenance that temporarily reduces Service availability. We will provide advance notice via email or in-app notification. Emergency maintenance may be performed without prior notice when necessary to protect the integrity or security of the Service.

7.4 Beta and Experimental Features

We may make available features, monitor types, or integrations labeled "beta," "experimental," "preview," or similar. These features are provided as-is, without any uptime commitment, accuracy guarantee, or support obligation. We may modify, suspend, or discontinue beta features at any time without notice or liability. Do not rely on beta features for critical monitoring or production systems.

7.5 Automated Systems and AI Features

Certain features of the Service may rely on automated systems, machine learning, or artificial intelligence to process data, generate insights, or suggest actions. Outputs produced by such systems — including anomaly detection results, incident summaries, or suggested remediation steps — may contain inaccuracies or errors. You should not solely rely on such outputs for operational, financial, or business-critical decisions. We make no warranty as to the accuracy, completeness, or fitness for purpose of any output generated by automated or AI-assisted features.

7.6 Support Services

Unless expressly stated in a separately executed paid support agreement, Beacony does not guarantee response times, resolution times, or the availability of support services. Support is provided on a best-effort basis through the channels listed in Section 18. We reserve the right to modify, limit, or discontinue support channels at any time.

8. Alert Delivery

8.1 Delivery Efforts & Third-Party Providers

We make commercially reasonable efforts to deliver alert notifications promptly through your configured channels. Alert delivery depends on third-party infrastructure outside our control:

Email — delivered via Amazon Web Services Simple Email Service (AWS SES). Subject to SES terms, ISP filtering, and spam policies.
SMS — delivered via Amazon Web Services Simple Notification Service (AWS SNS). Subject to SNS terms, carrier policies, and regional availability. SMS delivery is not guaranteed in all countries or for all phone number types.
WhatsApp — delivered via the Meta WhatsApp Cloud API. Subject to Meta's WhatsApp Business terms, messaging template policies, and regional availability. WhatsApp alerts use pre-approved message templates and may not be delivered if the recipient has not opted in to receive WhatsApp Business messages.
Slack, Discord, Webhook, PagerDuty — delivered to the endpoint URLs you configure. Delivery depends on the availability and configuration of those third-party services and endpoints.

We do not guarantee delivery time or delivery success for any channel. Alerts may be delayed, undelivered, or filtered. We are not liable for any damages resulting from delayed or failed alert delivery.

You are solely responsible for ensuring that all contact information, phone numbers, webhook endpoints, and third-party integrations configured in the Service are accurate, current, and authorized to receive communications. We are not liable for alerts sent to incorrect, outdated, or unauthorized destinations.

8.2 Alert Deduplication

To prevent alert storms and protect you from runaway costs, the Service implements the following deduplication rules:

Alerts are sent only on state transitions: one alert when a monitor transitions from UP to DOWN, and one recovery alert when it transitions from DOWN to UP. No additional alerts are sent while a monitor remains in the same state.
A 5-minute cooldown is enforced between consecutive premium (SMS/WhatsApp) alerts for the same monitor. If a monitor changes state multiple times within the cooldown window, only the first premium alert is sent. Email, Slack, Discord, Webhook, and PagerDuty alerts are not subject to this cooldown.
A daily cap on premium alerts per account applies as described in Section 4.6. Once the cap is reached, email alerts continue but premium channel alerts are suspended for the remainder of that calendar day.

These deduplication measures are applied automatically. You acknowledge that as a result, you may not receive an alert for every individual check failure, and credits may not be consumed for suppressed alerts.

8.3 Recommendations

Configuring multiple alert channels — including at least one free channel (email, Slack, or Discord) — is strongly recommended for critical services to ensure redundant notification even when premium channel credits are exhausted.
The Service is a supplemental monitoring tool and is not a substitute for your own infrastructure monitoring, disaster recovery, or incident response procedures.

9. API Usage

API access is available to users on plans that include API access as indicated on our pricing page.
API keys are confidential credentials. You are responsible for securing your API keys and for all activity associated with them.
We may impose rate limits on API requests. Current rate limits are documented in our API documentation and may be updated from time to time.
We reserve the right to throttle or block API access that we determine to be abusive or that degrades Service performance for other users.

10. Public Status Pages

If you create a public status page, you are solely responsible for the accuracy of the information displayed.
Public status pages are accessible to anyone with the URL. Do not include sensitive information in monitor names, descriptions, or incident details displayed on public status pages. You acknowledge that information published on public status pages may be indexed by search engines and publicly accessible worldwide, and that Beacony has no control over third-party caching or indexing of that content.
We reserve the right to remove or restrict public status pages that contain inappropriate, misleading, or unlawful content.
Slug usage restrictions. The slug (the URL identifier of your public status page, e.g., status.beacony.io/your-slug) must not impersonate, misrepresent, or otherwise reference a company name, brand, trademark, product, or other identifier belonging to an organization for which you do not work or for which you have no authorization to act. Registering a slug that could mislead visitors into believing the status page is operated by a third-party organization you are not affiliated with is strictly prohibited. If we receive a complaint or become aware of a dispute regarding a slug — including but not limited to trademark infringement claims or impersonation — we reserve the right to suspend, reassign, or permanently remove that slug at any time, with or without prior notice. No compensation or refund will be issued as a result of such removal.
Reserved slugs. Certain slugs are reserved exclusively for Beacony's own use and may not be registered by users, including but not limited to: admin, status, api, support, billing, help, security, and legal. We reserve the right to expand this list at any time. Any slug registered in conflict with a reserved slug may be removed without notice or compensation.
Impersonation of Beacony. You may not create a status page, choose a slug, or display any content that impersonates, mimics, or could reasonably be mistaken for an official Beacony status page or communication. This includes using the Beacony name, logo, or branding in any slug or page content without our prior written authorization. Such pages may be removed immediately and without notice.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

NO CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL BEACONY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LIABILITY CAP. OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO BEACONY IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100).
MONITORING DISCLAIMER. THE SERVICE IS A MONITORING TOOL AND IS NOT DESIGNED TO BE A SUBSTITUTE FOR YOUR OWN INFRASTRUCTURE MONITORING, DISASTER RECOVERY, OR INCIDENT RESPONSE PROCEDURES. WE ARE NOT LIABLE FOR ANY DOWNTIME, DATA LOSS, OR DAMAGES TO YOUR SYSTEMS OR SERVICES, WHETHER OR NOT OUR MONITORING DETECTED THE ISSUE.
NO LIABILITY FOR MONITORING ERRORS. WE ARE NOT LIABLE FOR ANY DAMAGES ARISING FROM FALSE POSITIVE ALERTS (ALERTS TRIGGERED WHEN YOUR SERVICE IS ACTUALLY AVAILABLE), FALSE NEGATIVE RESULTS (FAILURES TO DETECT AN ACTUAL OUTAGE), DELAYED DETECTION, INACCURATE RESPONSE TIME MEASUREMENTS, OR ANY OTHER ERRORS OR INACCURACIES IN MONITORING DATA OR REPORTS. MONITORING RESULTS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND YOU ARE SOLELY RESPONSIBLE FOR INDEPENDENTLY VERIFYING THE STATUS OF YOUR SERVICES.
LIMITATION PERIOD. ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER THE EVENT GIVING RISE TO SUCH CLAIM OR CAUSE OF ACTION, OR IT SHALL BE FOREVER BARRED. THIS LIMITATION APPLIES REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY.
ESSENTIAL BASIS. YOU ACKNOWLEDGE THAT THE LIMITATIONS OF LIABILITY IN THIS SECTION REFLECT A REASONABLE ALLOCATION OF RISK, ARE AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES, AND THAT BEACONY WOULD NOT PROVIDE THE SERVICE WITHOUT THESE LIMITATIONS.
SUSPENSION WITHOUT LIABILITY. BEACONY SHALL NOT BE LIABLE FOR ANY DAMAGES, LOSSES, OR COSTS ARISING FROM THE SUSPENSION, RESTRICTION, OR TERMINATION OF YOUR ACCESS TO THE SERVICE IN ACCORDANCE WITH THESE TERMS, INCLUDING SUSPENSION FOR BREACH, FRAUD, MISUSE, OVERDUE PAYMENT, OR ANY OTHER CAUSE DESCRIBED HEREIN.

12. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY.

WE DO NOT WARRANT THAT: (A) THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (D) ANY DEFECTS IN THE SERVICE WILL BE CORRECTED.

12.1 No Professional Advice

The Service and all data, reports, analytics, alerts, recommendations, and other outputs are provided for informational purposes only. Nothing in the Service or these Terms constitutes legal, financial, cybersecurity, compliance, medical, or any other form of professional advice. You should not rely solely on Service outputs for regulatory compliance, security assessments, or business-critical decisions. You are solely responsible for obtaining independent professional advice appropriate to your circumstances.

12.2 No Security Guarantee

WE DO NOT WARRANT THAT THE SERVICE WILL BE SECURE OR FREE FROM UNAUTHORIZED ACCESS, HACKING, DATA LOSS, CORRUPTION, INTERCEPTION, CYBERATTACKS, OR OTHER SECURITY INCIDENTS. YOU ACKNOWLEDGE THAT NO SYSTEM IS COMPLETELY SECURE AND THAT YOUR USE OF THE SERVICE INVOLVES INHERENT SECURITY RISKS. YOU ARE RESPONSIBLE FOR IMPLEMENTING APPROPRIATE SECURITY MEASURES ON YOUR OWN SYSTEMS AND FOR ANY DATA YOU TRANSMIT THROUGH OR STORE IN THE SERVICE.

13. Indemnification

You agree to indemnify, defend, and hold harmless Beacony and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

Your use of the Service.
Your violation of these Terms.
Your violation of any applicable law or third-party rights.
Your Data or any content you display on public status pages.
Unauthorized use of the Service through your account.

14. Termination

14.1 Termination by You

You may terminate your account at any time by deleting your account through the Service settings or by contacting us at support@beacony.io.

14.2 Termination by Us

We may suspend or terminate your account and access to the Service at any time if:

You breach any provision of these Terms.
Your payment is overdue for more than 15 days.
We are required to do so by law.
We reasonably believe your use of the Service poses a security risk or may cause harm to us or other users.
We determine, in our sole discretion, that your account is being used for fraudulent purposes, including but not limited to payment fraud, identity fraud, or misrepresentation of your identity or affiliation.
We determine, in our sole discretion, that your account is being misused — including abuse of free-tier limits, circumventing plan restrictions, sending unsolicited or harmful content through alert channels, or any other conduct that degrades the Service or harms other users.
Your free-tier account has shown no activity for 12 or more consecutive months. We will send at least one email notification to your registered address 30 days before taking any action. Inactive free accounts may be suspended or permanently deleted, along with all associated data.
We discontinue the Service (with at least 90 days' notice).

14.3 No Refund on Termination for Cause

If we suspend or terminate your account under Section 14.2 — including for breach of these Terms, fraud, misuse, or any other cause — you will not be entitled to any refund of amounts previously paid, including any prepaid subscription fees or unused credits. We have no obligation to provide a refund in such cases.

14.4 Effect of Termination

Upon termination, your right to use the Service ceases immediately.
We will retain your data for 30 days after termination, during which you may request an export. After 30 days, your data will be permanently deleted from active systems. Residual copies may remain in secure, isolated backup systems for a limited additional period before permanent deletion, and will not be accessed or used for any purpose during that time.
Sections 6, 11, 12, 13, 14.3, 15, and 16 survive termination.

15. Dispute Resolution

15.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact us at legal@beacony.io and attempt to resolve the dispute informally for at least 30 days.

15.2 Arbitration

If the dispute is not resolved informally, any controversy or claim arising out of or relating to these Terms shall be settled by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted in the English language. The arbitrator's decision shall be final and binding. Judgment on the award may be entered in any court having jurisdiction. The seat and place of arbitration shall be Florida, United States, unless otherwise required by applicable consumer protection law.

15.3 Class Action Waiver

YOU AND BEACONY AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. IF A COURT OR ARBITRATOR DETERMINES THAT THIS CLASS ACTION WAIVER IS UNENFORCEABLE, THE ARBITRATION AGREEMENT SHALL BE NULL AND VOID WITH RESPECT TO SUCH CLAIM.

15.4 Exceptions

Nothing in this Section prevents either party from seeking injunctive or equitable relief in a court of competent jurisdiction for claims related to intellectual property infringement or unauthorized access to the Service.

15.5 Small Claims Court

Notwithstanding the arbitration agreement in Section 15.2, either party may bring a qualifying claim in small claims court in lieu of arbitration, provided the claim falls within the monetary and jurisdictional limits of the applicable small claims court and is brought on an individual (non-class) basis.

16. General Provisions

16.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of laws principles.

16.2 Entire Agreement

These Terms, together with the Privacy Policy and any plan-specific terms, constitute the entire agreement between you and Beacony regarding the Service and supersede all prior agreements, understandings, and communications.

16.3 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

16.4 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. A waiver of any term shall only be effective if in writing and signed by Beacony.

16.5 Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms without restriction.

16.6 Force Majeure

Beacony shall not be liable for any failure or delay in performing its obligations under these Terms due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, pandemics, government actions, power outages, internet or telecommunications failures, or third-party service provider outages.

16.7 Notices

Notices to you may be sent to the email address associated with your account. Notices to us should be sent to legal@beacony.io. Notices are deemed received when delivered by email.

16.8 Data Protection & GDPR

If you are located in the European Economic Area (EEA), the United Kingdom, or Switzerland, or if you process personal data of individuals in those regions through the Service, the following applies:

You are the data controller for any personal data you submit to or process through the Service. Beacony acts as a data processor on your behalf solely for the purpose of providing the Service.
You are responsible for ensuring you have a lawful basis for processing personal data entered into the Service, and for obtaining any required consents from data subjects.
If your use of the Service requires a Data Processing Agreement (DPA) under the GDPR or equivalent regulation, you may request one by contacting us at support@beacony.io.
We implement appropriate technical and organizational measures to protect personal data processed through the Service, as further described in our Privacy Policy.
Cross-border transfers. Personal data submitted to or processed through the Service may be transferred to and processed in the United States and other countries where Beacony and its service providers operate. These countries may have data protection laws that differ from those in your country. Where required by applicable law, such transfers are subject to appropriate safeguards, including Standard Contractual Clauses (SCCs) approved by the European Commission or equivalent transfer mechanisms recognized under applicable data protection law.
Enterprise agreement precedence. In the event of a conflict between these Terms and a separately executed Data Processing Agreement (DPA) or enterprise agreement signed by an authorized representative of Beacony, the applicable DPA or enterprise agreement shall control to the extent of the conflict. These Terms govern all matters not expressly addressed in such an agreement.

17. Changes to These Terms

We reserve the right to modify these Terms at any time. We will provide at least 30 days' notice of material changes by posting the revised Terms on our website and, for significant changes, by sending an email notification to your registered email address. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must stop using the Service and close your account.

18. Contact Us

If you have any questions about these Terms of Service, please contact us:

General inquiries: support@beacony.io
Legal matters: legal@beacony.io
Security issues: security@beacony.io