Terms of Service

Last Updated on May 5, 2020
Contact: [email protected]

These Terms of Service constitute a legally binding agreement (the “Agreement”) between you and BeamX, its parents, subsidiaries, representatives, affiliates, officers and directors (collectively, “BeamX,” “we,” “us” or “our”) governing your use of the BeamX application, website, and technology Service (collectively, the “BeamX Platform”).

By entering into this Agreement, and/or by using or accessing the BeamX Platform you expressly acknowledge that you understand this Agreement and accept all of its terms. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE BEAMX PLATFORM OR ANY OF THE SERVICES PROVIDED THROUGH THE BEAMX PLATFORM. If you use the BeamX Platform in another country, you agree to be subject to BeamX’s terms of service for that country.`

1. THE BeamX PLATFORM

The BeamX Platform provides a service where persons who seek transportation to certain destinations (“Riders”) can be matched with transportation options to such destinations. One option for Riders is to request a ride from rideshare drivers who are driving to or through those destinations (“Drivers”). Drivers and Riders are collectively referred to herein as “Users,” and the driving services provided by Drivers to Riders shall be referred to herein as “Transportation Services.” As a User, you authorize BeamX to match you with a Driver or Rider based on factors such as your location, the estimated time to pickup, your destination, user preferences, and Service efficiency, and to cancel an existing match and rematch based on the same considerations. Any decision by a User to offer or accept Transportation Services is a decision made in such User’s sole discretion. Each Rideshare Service provided by a Driver to a Rider shall constitute a separate agreement between such persons.

2. AMENDMENTS

BeamX reserves the right to modify the terms and conditions of this Agreement, such modifications shall be binding on you only upon your acceptance of the modified Agreement. BeamX reserves the right to modify any information on pages referenced in the hyperlinks from this Agreement from time to time, and such modifications shall become effective upon posting. Continued use of the BeamX Platform or Transportation Services after any such changes shall constitute your consent to such changes. Unless material changes are made to the arbitration provisions herein, you agree that modification of this Agreement does not create a renewed opportunity to opt out of arbitration (if applicable).

3. LIABILITY

3.1. The BeamX Platform is provided on an “as is” and “as available” basis. We do not represent, warrant or guarantee that access to BeamX Platform will be uninterrupted or error free. As the usage of BeamX Platform for requesting transportation services depends on the behavior of Passengers, we do not guarantee that your usage of the BeamX Platform will result in any Transportation Service requests.

3.2. To the maximum extent permitted under the applicable law, we, nor BeamX’s representatives, directors and employees are not liable for any loss or damage that you may incur as a result of using the BeamX Platform, including but not limited to:

any direct or indirect property damage or monetary loss;

loss of profit or anticipated savings;

loss of business, contracts, contacts, goodwill, reputation and any loss that may arise from interruption of the business;

loss or inaccuracy of data; and

any other type of loss or damage.`

3.3. The financial liability of us in connection with violating the General Terms or Agreement will be limited to 500 euros. You shall have the right to claim for damages only if we have deliberately violated the General Terms or Agreement.`

3.4. We shall not be liable for the actions or non-actions of the Passenger or co-passengers and shall not be liable for any loss or damage that may incur to you or your vehicle as a result of actions or non-actions of the Passenger or co-passengers.`

3.5. You shall be fully liable for breach of the General Terms, Agreement or any other applicable laws or regulations and must stop and remedy such breach immediately after receipt of a respective demand from us or any state authority. You shall indemnify us for any direct and/or indirect loss and/or damage, loss of profits, expense, penalty, fine that we may occur in connection with your breach of the General Terms, Agreement and laws and regulations. If Passenger presents any claims against us in connection with your provision of Transportation Services, then you shall compensate such damage to us in full within 7 (seven) days as of your receipt of the respective request from us. In case we are entitled to present any claims against you, then you shall compensate us any legal costs related to evaluation of the damages and submission of claims relating to compensation for such damage.

4. INTELLECTUAL PROPERTY

All intellectual property rights in the BeamX Platform shall be owned by BeamX absolutely and in their entirety. These rights include database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the BeamX Platform are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information (“Submissions”) provided by you to us are non-confidential and shall become the sole property of BeamX. BeamX shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

BEAMX and other BeamX logos, designs, graphics, icons, scripts and service names are registered trademarks, trademarks or trade dress of BeamX in the United States and/or other countries (collectively, the “BeamX Marks”). If you provide Transportation Services as a Driver, BeamX grants to you, during the term of this Agreement, and subject to your compliance with the terms and conditions of this Agreement, a limited, revocable, non-exclusive license to display and use the BeamX Marks solely on the BeamX stickers/decals, BeamX Amp, and any other BeamX-Branded items provided by BeamX directly to you in connection with providing the Transportation Services (“License”). The License is non-transferable and non-assignable, and you shall not grant to any third party any right, permission, license or sublicense with respect to any of the rights granted hereunder without BeamX’s prior written permission, which it may withhold in its sole discretion. The BeamX logo (or any BeamX Marks) may not be used in any manner that is likely to cause confusion, including but not limited to: use of a BeamX Mark in a domain name or BeamX referral code, or use of a BeamX Mark as a social media handle or name, avatar, profile photo, icon, favicon, or banner. You may identify yourself as a Driver on the BeamX Platform, but may not misidentify yourself as BeamX, an employee of BeamX, or a representative of BeamX.

You acknowledge that BeamX is the owner and licensor of the BeamX Marks, including all goodwill associated therewith, and that your use of the BeamX logo (or any BeamX Marks) will confer no interest in or ownership of the BeamX Marks in you but rather inures to the benefit of BeamX. You agree to use the BeamX logo strictly in accordance with BeamX’s Trademark Usage Guidelines, as may be provided to you and revised from time to time, and to immediately cease any use that BeamX determines to nonconforming or otherwise unacceptable.

You agree that you will not: (1) create any materials that use the BeamX Marks or any derivatives of the BeamX Marks as a trademark, service mark, trade name or trade dress, other than as expressly approved by BeamX in writing; (2) use the BeamX Marks in any way that tends to impair their validity as proprietary trademarks, service marks, trade names or trade dress, or use the BeamX Marks other than in accordance with the terms, conditions and restrictions herein; (3) take any other action that would jeopardize or impair BeamX’s rights as owner of the BeamX Marks or the legality and/or enforceability of the BeamX Marks, including, challenging or opposing BeamX’s ownership in the BeamX Marks; (4) apply for trademark registration or renewal of trademark registration of any of the BeamX Marks, any derivative of the BeamX Marks, any combination of the BeamX Marks and any other name, or any trademark, service mark, trade name, symbol or word which is similar to the BeamX Marks; (5) use the BeamX Marks on or in connection with any product, service or activity that is in violation of any law, statute, government regulation or standard.

You agree you will not rent, lease, lend, sell, or otherwise redistribute the BeamX driver amp, or manufacture, produce, print, sell, distribute, purchase, or display counterfeit/inauthentic BeamX driver amps or other BeamX Marks or (including but not limited to signage, stickers, apparel, or decals) from any source other than directly from BeamX.

Violation of any provision of this License may result in immediate termination of the License, in BeamX’s sole discretion, a takedown request sent to the appropriate ISP, or social media Service, and/or a Uniform Domain-Name Dispute-Resolution Policy Proceeding (or equivalent proceeding). If you create any materials (physical or digital) bearing the BeamX Marks (in violation of this Agreement or otherwise), you agree that upon their creation BeamX exclusively owns all right, title and interest in and to such materials, including any modifications to the BeamX Marks or derivative works based on the BeamX Marks or BeamX copyrights. You further agree to assign any interest or right you may have in such materials to BeamX, and to provide information and execute any documents as reasonably requested by BeamX to enable BeamX to formalize such assignment.

BeamX respects the intellectual property of others, and expects Users to do the same. If you believe, in good faith, that any materials on the BeamX Platform infringe upon your copyrights, please contact us at ${termsOfService.emailCopyRight} for information on how to make a copyright complaint.

5. ENTRY INTO THE AGREEMENT

By entering into this Agreement or using the BeamX Platform, you agree to receive communications from us, including via e-mail, text message, calls, and push notifications. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. Communications from BeamX, its affiliated companies and/or Drivers, may include but are not limited to: operational communications concerning your User account or use of the BeamX Platform or Transportation Services, updates concerning new and existing features on the BeamX Platform, communications concerning promotions run by us or our third-party partners, and news concerning BeamX and industry developments. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send.

The BeamX Platform may only be used by individuals who have the right and authority to enter into this Agreement, are fully able and competent to satisfy the terms, conditions, and obligations herein. The BeamX Platform is not available to Users who have had their User account temporarily or permanently deactivated. You may not allow other persons to use your User account, and you agree that you are the sole authorized user of your account. To use the BeamX Platform, each User shall create a User account. Each person may only create one User account, and BeamX reserves the right to deactivate any additional or duplicate accounts.

By becoming a User, you represent and warrant that you are at least 18 years old.

By creating a BeamX account for such minor, you hereby give permission and consent to the Agreement on the minor’s behalf, and you shall assume any and all responsibility and liability for the minor’s use of the BeamX Platform as provided by the terms of this Agreement and any applicable Supplemental Agreements. You will be responsible for any breach of the above representations, warranties and/or this Agreement, and/or any attempt of the minor to disaffirm this Agreement. Furthermore, you hereby represent that you are fully authorized to execute this Agreement on behalf of yourself and all other parents or legal guardians of the minor rider.

6. PROVISION OF TRANSPORTATION SERVICES

As a rider, you understand that the request or use of Transportation Services may result in charges to you (“Charges”).

The Driver’s Obligations. You hereby guarantee to provide Transportation Services in accordance with the General Terms, Agreement as well as laws and regulations applicable in the state where you are providing Transportation Services. Please note that you are fully liable for any violation of any local laws and regulations as may arise from providing Transportation Services.

7. BeamX FEES

In order to use the BeamX Platform, you are obliged to pay to a fee (i.e. the BeamX Fee). The BeamX Fee is paid based on the Fare of each Transportation Service order that you have completed. The amount of the BeamX Fee is made available to you via the BeamX Driver App or other pertinent means. Please acknowledge that the BeamX Fee may change from time to time. We shall send you a prior notification of each such change.

You must pay the BeamX Fee and any other fees due to us for the previous month at latest by the 15th date of the following month. Upon delay with payment of the BeamX Fee, you shall be obliged to pay a penalty of late payment in the amount of 0,04% (zero point zero four percent) of the unpaid amount per day. You are obliged to cover all costs incurred by us, which are related to debt collection activities.