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Terms of Use

Last Updated: 19 June 2024

Thanks for using BeamReel

We’re passionate about fostering genuine and tailored connections through personalised content, empowering you to effortlessly create, explore, enjoy, and share videos with your audience, enriching customer experiences globally.

These Terms of Use (the “Terms of Use’) govern your access and use of our online customer experience tools and platform (the “Services”). Please read them carefully.

By registering for access to the Services and your continued use of the Services, you confirm you accept these Terms of Use and agree to be bound by them.

1. Term of Agreement

  1. This Agreement commences on the date the user first accepts it on account sign up and continues until all subscriptions hereunder have expired or have been terminated. BeamReel may change these Terms of Use and will use reasonable endeavours to notify you of these changes. Any material revisions to these Terms of Use will become effective on the date set forth in our notice, and all other changes will become effective on the date that we publish the change. If you use the Services after the effective date of any changes, that use will constitute your acceptance of the revised terms and conditions.
  2. BeamReel is a workplace tool intended for use by businesses and organisations and not primarily for consumer purposes.

2. Services

  1. BeamReel grants you a non-exclusive, non-transferable, limited licence to access and use the Services in accordance with your Subscription, including any new releases and updates of Services BeamReel may make available from time to time.
  2. BeamReel may upgrade or update the Services at any time in its sole discretion.
  3. You acknowledge and agree that:
    1. Given BeamReel requires an active internet connection the speed of internet access will vary and may be affected by factors beyond BeamReel’s control;
    2. You are solely responsible for:
      1. determining whether the Services are suitable for your needs;
      2. protecting Your Data, including downloading your Data as needed, in addition to us taking appropriate measures to protect your Data from accidental, unlawful or unauthorised access, use or disclosure;
      3. complying with all applicable accounting, tax and other laws. You must check that storage of and access to Your Data will comply with all laws, including any laws requiring you to retain records.

3. Acceptable Use Policy

  1. This acceptable use policy sets out a list of acceptable and unacceptable conduct for our Services. If we believe that a violation of the policy is deliberate, repeated or presents a credible risk of harm to other users, our customers, the Services or any third parties, we may suspend or terminate your access.
  2. Do:
    1. comply with all BeamReel Terms of Use
    2. comply with all applicable laws and governmental regulations, including, but not limited to, all intellectual property, data, privacy and export control laws, and regulations
    3. comply with all BeamReel Terms of Use
    4. upload and distribute only your Data to which the you or your organisation to which you belong owns all required rights under law and under contractual and fiduciary relationships (such as proprietary and confidential information learnt or disclosed as part of employment relationships or under non-disclosure agreements) and do so only in a manner consistent with applicable law
    5. ensure you have express permission to share, embed or distribute content if this content and data was initially shared with you from a third party; use commercially reasonable efforts to prevent unauthorised access to or use of the Services;
    6. if you see inappropriate behaviour or content, please report it to your primary account owner, employer or use the BeamReel self-reporting tool to report this to us for moderation purposes;
    7. keep passwords and all other login information confidential;
    8. monitor and control all activity conducted through your account in connection with the Services;
    9. promptly notify us if you become aware of or reasonably suspect any illegal or unauthorised activity or a security breach involving your accounts or teams, including any loss, theft or unauthorised disclosure or use of a username, password or account; and
    10. comply in all respects with all applicable terms of the third-party applications, including any that the Customer elects to integrate with the Services that you access or subscribe to in connection with the Services.
  3. Do not:
    1. use or access the Services in any unlawful way or for any illegal purpose;
    2. permit any third party that is not an authorised User to access or use a username or password for the Services;
    3. use the Services in a manner that is excessive or unusual or creates an unfair burden on the provision of the Services, or similar services, to others (as judged in BeamReel’s reasonable discretion);
    4. infringe the intellectual property rights, privacy or confidentiality of any third party;
    5. use the Services to store or transmit any Data that may infringe upon or misappropriate someone else’s trademark, copyright or other intellectual property, or that may be tortious or unlawful;
    6. create or post content that is antagonistic, explicit, false or misleading, harmful, hateful, or violent content or behaviour. We may remove, limit, or block the distribution of such content and the accounts, individuals, and groups that create or spread it based on how much harm it poses;
    7. create or post content that is inappropriate, insensitive, offensive or pornographic. This includes misinformation, civic participation misinformation and climate misinformation.
    8. engage in activity that incites or encourages violence or hatred against individuals or groups;
    9. impersonate any third person or attempt to impersonate any person when using the Services;
    10. use the Services in any manner that may harm minors or that interacts with or targets people under the age of sixteen (16)
    11. use the Services to distribute, send or publish any unsolicited electronic messages or other forms of “spam”;
    12. send altered, deceptive or false source-identifying information, including ‘spoofing’ or ‘phishing’;
    13. knowingly transmit any virus, worm or other disabling or malicious feature, or attempt to interfere with the operation of the Services;
    14. use, modify or adapt the Service or any third party data in any way that is contrary to these Terms of Use;
    15. on-sell, transfer, rent, lease or assign any copy of the Service to any third-party;
    16. violate or attempt to violate any aspect of the security of the Services; or
    17. attempt to reverse engineer, decompile, hack, disable, interfere with, disassemble, modify, copy, translate or disrupt the features, functionality, integrity or performance in connection with BeamReel’s provision of the Services.

4. Confidentiality and Privacy

  1. Each party must comply with applicable privacy law in connection with the collection, use, handling, disclosure, quality, security of and access to personal information that the party holds. BeamReel’s Privacy Policy can be found on our website https://www.beamreel.com/privacy-policy and you will be taken to have accepted that Privacy Policy by accepting these Terms of Use.
  2. Please review our Privacy Policy https://www.beamreel.com/privacy-policy for more information on how we collect and use data relating to the use and performance of our products.
  3. Both parties must keep all Confidential Information confidential and use such information for the sole purpose of performing the obligations under these Terms of Use.
  4. Neither party may use or disclose the Confidential Information except
    1. to that party’s employees or advisers on a need-to-know basis and that party must ensure that such persons understand and comply with the obligations imposed by this clause 8 (Third Party Products);
    2. as required by law, subject to that party notifying the other party immediately if that party becomes aware that such disclosure may be required; or
    3. with the other party’s prior written consent.

5. Intellectual Property Rights

  1. Nothing in these Terms of Use transfers ownership of any Pre-Existing Materials, Content or Services. BeamReel reserves all rights in and to the Pre-Existing Materials, Content and Services not expressly granted to you under these Terms of Use.
  2. You grant BeamReel a non-exclusive licence to use Your Data for the purpose of performing BeamReel’s obligations under these Terms of Use.
  3. In using certain features of the BeamReel service, BeamReel might access user data to train models for use by the services and features that user has access to, to improve services and features that Customer has access to, to conduct research and development of products that Customer will have access to. As a user, you will retain all ownership of Your Data and BeamReel retains all ownership in and to the resultant machine learning outcomes.
  4. You consent to BeamReel naming you as a client and reproducing your business name and logos for marketing and publicity purposes.
  5. Using the Service does not give you ownership of or rights to any aspect of the Service, including user names and/or handles.

6. Security, Data and Content

  1. BeamReel will use reasonable precautions to prevent unauthorised disclosure of Your Data, but BeamReel shall not be responsible for any breach of its systems by any unauthorised third party unless such breach arises as a result of BeamReel’s gross negligence.
  2. BeamReel does not represent or warrant that the Services are entirely secure, uninterrupted or error-free. You acknowledge that the public internet is an inherently insecure environment and that BeamReel has no control over the privacy of any communications or the security of any data outside of BeamReel’s internal systems.
  3. BeamReel may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by BeamReel. We don’t endorse or assume any responsibility for any such third-party sites, information, materials, products or services. If you access any third-party websites, services or content from BeamReel, you do so at your own risk and you agree that BeamReel has no liability arising from your use of or access to any third-party websites, services or content.
  4. The content on the Service includes videos, audio (for example music and other sounds), graphics, photos, text (such as comments and scripts), branding (including trade names, trademarks, service marks, or logos), interactive features, software, metrics, and other materials whether provided by you, BeamReel, Third Party Service or Third party.
  5. Content is the responsibility of the person or entity that provides it to the Service. BeamReel is under no obligation to host or serve the Content.

7. Accounts (Personal & Business)

  1. To access the Services, you must set up an account.
    1. In creating an account, you agree and acknowledge that:
      1. all information you provide BeamReel will be true, accurate, current and complete; and
      2. if you create an account on behalf of another person, you are authorised to register to use the Services and agree to these Terms of Use on behalf of that person (without limiting your obligations under these Terms of Use). BeamReel may require a statutory declaration or similar sworn declaration (as recognised in the relevant local jurisdiction) to BeamReel to confirm your authority.
    2. f you want to use BeamReel for commercial purposes, you must create a business account. If you do open an account for a company, organisation or other entity, “you” includes you and that entity, and you promise that you are authorised to grant all permissions and licences provided in these Terms of Use and bind the entity to these Terms of Use, and that you agree to these Terms of Use on the entity’s behalf.
    3. You are responsible for maintaining the confidentiality of your account and password and for all activity on or through your account (including unauthorised access by third parties) and you must not sell, transfer, licence or assign your account, username, or any account rights.
    4. You must notify BeamReel immediately of any unauthorised use of your account. BeamReel are not liable for any loss or damage arising in connection with any unauthorised use of your account.
    5. Any use or access by anyone under the age of 16 is not allowed, and you can only use BeamReel if you are over the age at which you can provide consent to data processing under the laws of your country.
    6. If your Subscription permits, you may add other team members to your account for them to access the Services.
    7. If you have been invited to join a Team on BeamReel, any data that you add to the BeamReel account will be owned by the Primary Owner account, or organisation they represent, and will be accessible according to the team permissions set by the account’s Primary Owner or Admin.
    8. Using BeamReel may include downloading software to your computer, phone, tablet or other device. You agree that we may automatically update that software, and these Terms will apply to any updates.

8. Trial Period (Business Accounts only)

  1. If you are a first time user of the Services, BeamReel may provide you with access to the Business Account Services for 14 days, free of charge (Trial Period).
  2. During the Trial Period:
    1. the Services will be provided for evaluation only;
    2. to the extent permitted by law and subject to consumer laws applicable to you, the Services are provided “as-is” and “as-available”, BeamReel does not make any warranties and exclude all liability arising from your use of the Services, including loss of data or Your Data; and
    3. BeamReel may terminate your access to the Services at any time at BeamReel’s sole discretion.
  3. At the end of the Trial Period:
    1. you must pay the agreed Fees to continue using the Services;
    2. any data entered or collected from the Services will be lost unless you purchase a Subscription or you export such data prior to the expiry of the Trial Period.

9. Subscriptions, Fees and Payments

  1. Personal BeamReel accounts are free of charge and don’t require a paid subscription.
  2. Business BeamReel accounts have additional features and incur subscription fees.
  3. In consideration of BeamReel’s provision of the Service, you agree to pay BeamReel the fees as set out on the Website for the Subscription you have selected, plus any applicable taxes (Fees).
  4. Your Subscription will automatically renew, unless you cancel prior to the end of the current term.
  5. You may upgrade or downgrade your Subscription, however you will not be given a refund for a Subscription downgrade.
  6. On closing your account you will not be given a refund and your BeamReel access will remain available until the subscription “Valid to” date.
  7. You will not be entitled to a refund of any Fees you have paid in advance, except where you terminate these Terms of Use for our breach.
  8. BeamReel will invoice you in advance for the provision of the Service according to the subscription plan selected within both the Apple App Store and Google Play Store.
  9. For the SMS Service, you must pay the SMS Pack Fees at the time of purchase either directly or via the Apple App Store and Google Play Store.
  10. If you have purchased a BeamReel service directly from the Apple App Store and Google Play Store the payment method will be according to your stored payment method within the app stores.
  11. If you fail to pay for a subscription on the due date (as a result of a dishonoured payment on your nominated credit card), you will have a Grace Period of sixteen (16) days (Apple App Store) and forteen (14) days (Google Play Store) following which the payment will be reattempted.
  12. If any fees owed to BeamReel are sixteen (16) days or more overdue, BeamReel may, without limiting other rights and remedies, revoke access to the account until those amounts are paid in full. Revoking access for overdue accounts will limit access to certain features and functionality and result in potential access & loss to your Data.
  13. If after sixty (60) days an account remains unfinancial, the account will be closed and the BeamReel account and associated data will be permanently deleted.
  14. BeamReel may charge interest on overdue amounts at the rate of 1.5% of the outstanding balance per month, or the maximum amount permitted by law (whichever is greater) with interest accruing daily, and/or suspend your account and access to the Services until all overdue amounts are paid.

10. Suspension and Termination

  1. You may terminate the Services at any time by closing your account from within the downloaded and installed BeamReel app only.
  2. BeamReel may terminate these Terms of Use on notice to you if you.
    1. fail to remedy a breach within 7 days’ notice from BeamReel requesting the breach be remedied;
    2. breach these Terms of Use and that breach is not capable of remedy; or
    3. becomes insolvent or enters into liquidation to the extent permitted by law.
  3. Upon the expiry or termination of these Terms of Use for any reason:
    1. you must pay all outstanding Fees to BeamReel
    2. you must pay any reasonable costs incurred by BeamReel as a result of the termination (including third party cancellation fees and administrative costs), except where you have terminated for our breach;
    3. on BeamReel’s request you must securely destroy BeamReel’s Confidential Information; and
    4. BeamReel will not allow you access to Your Data and you must download Your Data prior to termination or expiration.
    5. BeamReel and our users may retain and continue to use, store, display, reproduce, save, modify, perform and distribute any of your Data and/or content that other users have stored, shared or been sent on BeamReel. If you choose to record and share content, copies of the content shared with others may remain even after you’ve deleted the content from your account or closed your account.

11. Support

  1. BeamReel may update and carry out scheduled maintenance of the Services, so BeamReel may have to suspend access to, or functionality on, the Services from time to time. BeamReel will notify you of any scheduled maintenance that may interrupt the Services.
  2. BeamReel will provide you with support in accordance with its technical support policy available on the Website for which additional fees may be charged. If you encounter any errors with the Services, you must contact BeamReel by phone or using the support section on the Website.
  3. If you initiate a support request, you grant BeamReel direct access to your account to provide you with such support.
  4. You acknowledge BeamReel may charge you for fault resolution services at BeamReel’s then current rates if BeamReel responds to a request from you that is not covered by the technical support policy.

12. Third Party Services

  1. The Services may contain features that interface with Third Party Services. If Third Party Services form part of your Subscription or Services, the following will apply:
    1. your use of, and access to, any Third Party Services are subject to separate terms and conditions issued by the third party supplier of those products from time to time;
    2. if requested, BeamReel might will liaise with the third party supplier of the Third Party Services on your behalf;
    3. becomes insolvent or enters into liquidation to the extent permitted by law.r
    4. BeamReel makes no representations or warranties in relation to any Third Party Services;
    5. BeamReel may suspend your use of, or access to the Third Party Services if you breach the terms and conditions applicable to the Third Party Services or if BeamReel no longer uses such Third Party Services.
  2. You acknowledge and agree BeamReel could make your Data available to the providers of the Third Party Services to resolve the issue.

13. Liability

  1. the Services are provided “as-is” without warranty of any kind or representations regarding the use, performance or results of the use, of the Services;
  2. in no event shall BeamReel be liable, whether such liability is based on breach of contract, tort (including negligence), statute or otherwise:
    1. for any Third Party Services;
    2. for any Consequential Loss, indirect, incidental, punitive or special losses of any kind, nor for any loss of data, profit, business interruption or a security breach); and
    3. any loss arising from activity on your account, including additional usage fees, loss of data or downtime caused by deliberate, inadvertent or unauthorised access by any party, or files that you upload, transmit, install or otherwise use in connection with the Services;
  3. hold BeamReel, their affiliates and their respective officers, directors, employees and agents from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defence of claims, suits or proceedings brought by third parties), in any way related to your access to or use of our Service, your User Content or your breach of any of these Terms of Use.
  4. BeamReel’s total aggregate liability in connection with all claims arising in relation to these Terms of Use whether in contract, tort (including negligence), statute or otherwise will not exceed an amount equal to the Fees paid by you to BeamReel in the preceding 12 months prior to the date the claim is made;
  5. To the fullest extent permitted by law, where a mandatory term or statutory right cannot be waived, BeamReel’s liability is limited, at BeamReel’s option, to:
    1. if the breach relates to goods:
      1. the replacement of the goods or the supply of equivalent goods;
      2. the repair of the goods;
      3. the payment of the cost of replacing the goods; or
      4. the payment of the cost of having the goods repaired; or
    2. if the breach relates to services:
      1. the supplying of the services again; or
      2. the payment of the cost of having the services supplied again.

14. Force Majeure Event

  1. If a Force Majeure Event occurs, the affected party must notify the other party and the obligations of the party will be suspended to the extent that they are affected by the relevant Force Majeure Event until that Force Majeure Event has ceased.
  2. If a Force Majeure Event continues for more than 60 days, either party may terminate these Terms of Use.

15. Notices

  1. All notices and consents relating to these Terms of Use must be in writing. A notice is deemed to have been received:
    1. if posted by BeamReel on the Website, within 6 hours of the time of the post; or
    2. if sent by email or by electronic message sent via the Services, when the sender receives an automated message confirming delivery or within 24 hours of that message being sent (as recorded on the device from which the sender sent the message).
    3. If BeamReel needs to provide you with notice, consent or other communication under these Terms of Use, BeamReel will do so by sending a message to you via your account, sending an email and/or text message to the email address and/or mobile phone number specified on your account, or through push notifications.
  2. If you want to contact BeamReel you may do so by sending a message to BeamReel via the Website or emailing BeamReel at hello@beamreel.com

16. General terms

  1. The Services may contain access to, or features that interface with, third party online services (“Third Party Services”). Where Third Party Services are available, separate terms and conditions with the provider of the Third Party Online Services may apply. Charges may apply for the use of Third Party Online Services. Subject to any consumer laws applicable to you, access to Third Party Online Services may be withdrawn by BeamReel at any time. BeamReel does not make any recommendations in relation to the Third Party Online Services.
  2. BeamReel reserves the right at any time (whether in this version or in a new version) to change or remove features of the Services provided that, where there is any material alteration to the functionality of the Services in accordance with this clause, BeamReel will provide you with 30 days’ notice.
  3. Nothing in these Terms of Use will be taken as giving rise to a relationship of employment, agency, partnership or joint venture.
  4. Users who provide feedback on BeamReel services do so with no conditions and BeamReel can irrevocably use, distribute, disclose, and make and incorporate the feedback into its services any such suggestion, enhancement request, recommendation, correction or other feedback and you agree that we are free to use them without any restriction or compensation to you.
  5. BeamReel may sub-contract the performance of any part of the Services to any third party or assign these Terms of Use or any of BeamReel’s rights or obligations under these Terms of Use.
  6. These Terms of Use contain the entire understanding between the parties concerning the subject matter of the agreement and supersedes all prior communications.
  7. The failure of either party to enforce any provisions under these Terms of Use will not waive the right of such party thereafter to enforce any such provisions.
  8. If any term or provision of these Terms of Use is held by a court to be illegal, invalid or unenforceable under the applicable law, that term or provision will be severed from these Terms of Use and the remaining terms and conditions will be unaffected.
  9. These Terms of Use is governed by, and construed in accordance with the laws of New South Wales, Australia. The parties agree to submit to the non-exclusive jurisdiction of the courts of New South Wales. These Terms of Use shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
  10. BeamReel may change these Terms of Use and will use reasonable endeavours to notify you, including by posting the changes on the website. If the changes to the Terms of Use have a material adverse impact on you, you must notify us within 30 days of receiving notice of the change. If we consider that the change does have a material adverse impact on you, (determined in our sole discretion) we may allow you to continue to operate under the Terms of Use in effect immediately prior to the change. If we do not offer you this option, you may terminate on notice to us.
  11. You may not assign, transfer or otherwise deal with these Terms of Use or any right under these Terms of Use without our prior written consent, which must not be unreasonably withheld. We may assign, transfer or otherwise deal with these Terms of Use or any right under these Terms of Use where it is reasonable to do so, including for example were our business is acquired by someone.
  12. Any warranty, indemnity, or obligation of confidentiality in these Terms of Use will survive termination. Any other term which by its nature is intended to survive termination of these Terms of Use survives termination of these Terms of Use.

17. Definitions and interpretation

  1. In these Terms of Use:
    1. “Confidential Information” means confidential, proprietary and commercially-sensitive information (irrespective of the form or the manner in which the information is disclosed, or the time of such disclosure) including information which:
      1. is identified as confidential or ought to have been known to be confidential; and
      2. relates to the business affairs and practices, including financial information, business opportunities, business plans, business processes and methodologies,
      3. but does not include information which is in, or comes into, the public domain other than by a breach of these Terms of Use, or which is independently known to the other party as evidenced by its written record.
    2. “Consequential Loss” means any loss that does not arise naturally in the ordinary course of things from the event or circumstance giving rise to the Loss.
    3. “Content” means all videos, audio (for example music and other sounds), graphics, photos, text (such as comments, scripts, transcription), branding (including trade names, trademarks, service marks, or logos), interactive features, software, metrics, and other materials whether provided by you, BeamReel, Third Party Service or a Third party;
    4. “Force Majeure Event” means any act, event or cause including earthquakes, cyclones, floods, fires, lightening, storms or other acts of God, strikes or industrial disputes, riots, terrorist acts, civil disturbances, breakages of machinery or industrial conditions or arising out of any other unexpected and exceptional cause, delays in transportation and dispositions or orders of governmental authority, which:
      1. directly or indirectly results in a party being prevented from or delayed in performing any of its obligations under these Terms of Use; and
      2. is beyond the reasonable control of that party.
    5. “Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright, trademarks, designs, patents, circuit layouts, plant varieties, business and domain names, confidential information, trade secrets, inventions and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields whether or not registered, registrable or patentable.
    6. “Pre-Existing Materials” mean any of materials existing at the date of these Terms of Use, including all trademarks, designs, design specifications, software, hardware or other documentation and materials used in BeamReel’s business or operations, including software, source code, scripts, materials, reports, diagrams, code, processes, methods, specifications and other works.
    7. “BeamReel” means: BeamReel Pty Ltd ABN 70 656 036 538;
    8. “Services” means the online customer experience software available on the Website.
    9. “SMS Service” means SMS messages of up to 159 characters which you may send via the Services.
    10. “Subscription” means the subscription type selected by you on the Website.>
    11. “Third Party Services” means any third party products and/or services.
    12. “Your Data” means the data, content, software, documents, files, information and materials you store, develop, host or publish on BeamReel’s infrastructure using the Services.
    13. “Team Member Data” means the data, content, software, documents, files, information and materials your invited team members store, develop, host or publish on BeamReel’s infrastructure using the Services. More simply put – Anything that your Team Members post or otherwise make available on BeamReel is referred to as “Team Member Data”.
    14. “Website” means BeamReel’s websites, including www.beamreel.com
  2. In these Terms of Use:
    1. a reference to a person includes a natural person, corporation, unincorporated association or partnership;
    2. a reference to a party to these Terms of Use includes its executors, administrators, substitutes, successors and permitted assigns;
    3. the headings in these Terms of Use are for convenience only and have no legal effect;
    4. the singular includes the plural and vice versa;
    5. other grammatical forms of a defined word or expression have a corresponding meaning;
    6. “including” and similar words do not imply any limitation;
    7. a reference to any agreement or document is a reference to that agreement or document (and, where applicable, any of its provisions) as amended, novated, supplemented or replaced from time to time; and
    8. a reference to a statute includes a reference to that statute as amended or replaced from time to time.

18. IOS users – Apple Licensed Application End User License Agreement

Apps made available through the App Store are licensed, not sold, to you. Your license to each App is subject to your prior acceptance of either this Licensed Application End User License Agreement (“Standard EULA”), or a custom end user license agreement between you and the Application Provider (“Custom EULA”), if one is provided. Your license to any Apple App under this Standard EULA or Custom EULA is granted by Apple, and your license to any Third Party App under this Standard EULA or Custom EULA is granted by the Application Provider of that Third Party App. Any App that is subject to this Standard EULA is referred to herein as the “Licensed Application.” The Application Provider or Apple as applicable (“Licensor”) reserves all rights in and to the Licensed Application not expressly granted to you under this Standard EULA.
  1. Scope of License: Licensor grants to you a nontransferable license to use the Licensed Application on any Apple-branded products that you own or control and as permitted by the Usage Rules. The terms of this Standard EULA will govern any content, materials, or services accessible from or purchased within the Licensed Application as well as upgrades provided by Licensor that replace or supplement the original Licensed Application, unless such upgrade is accompanied by a Custom EULA. Except as provided in the Usage Rules, you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the Licensed Application and, if you sell your Apple Device to a third party, you must remove the Licensed Application from the Apple Device before doing so. You may not copy (except as permitted by this license and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Application).
  2. Consent to Use of Data: You agree that Licensor may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Application. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
  3. Termination. This Standard EULA is effective until terminated by you or Licensor. Your rights under this Standard EULA will terminate automatically if you fail to comply with any of its terms.
  4. External Services. The Licensed Application may enable access to Licensor’s and/or third-party services and websites (collectively and individually, “External Services”). You agree to use the External Services at your sole risk. Licensor is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by any Licensed Application or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by Licensor or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this Standard EULA or that infringes the intellectual property rights of Licensor or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Licensor is not responsible for any such use. External Services may not be available in all languages or in your Home Country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Licensor reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.
  5. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
  6. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
  7. You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
  8. The Licensed Application and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent 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. Unpublished-rights reserved under the copyright laws of the United States.
  9. Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and Apple shall be governed by the laws of the State of California, excluding its conflicts of law provisions. You and Apple agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California, to resolve any dispute or claim arising from this Agreement. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs:
If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence. Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.

19. Contacting BeamReel

Please also feel free to contact us if you have any questions about BeamReel’s Terms of Use. You may contact us at hello@beamreel.com or at our postal address below: BeamReel PO Box 105 Manly, New South Wales Australia, 1655

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