BEAM MDM Terms and Conditions

1. Definitions

"Account" means the BEAM MDM account, tenant, environment, or administrative access made available to a Customer or Reseller.

"Admin User" means any person authorised by a Customer or Reseller to access, configure, administer, or operate BEAM MDM.

"Android Management API" or "AMAPI" means Google's Android Management API and related Android Enterprise services used by BEAM MDM to manage Android devices.

"Customer" means the organisation purchasing, trialling, accessing, or using BEAM MDM, whether directly or through a Reseller.

"Customer Data" means data, content, settings, policies, device records, user records, logs, commands, and other information submitted to, generated in, or processed through BEAM MDM on behalf of the Customer.

"Device" means any Android device, endpoint, or related resource enrolled, configured, monitored, or managed through BEAM MDM.

"End User" means an employee, contractor, customer, student, worker, member, or other individual whose Device, account, or personal data is managed through BEAM MDM.

"Order" means an order form, invoice, subscription plan, trial approval, reseller agreement, statement of work, or other written agreement under which BEAM MDM is supplied.

"Reseller" means a managed service provider, reseller, consultant, or other intermediary authorised by BEAM to provide, administer, or resell BEAM MDM to its own customers.

"Services" means BEAM MDM, related hosted services, administrative interfaces, APIs, documentation, support, trials, subscriptions, and any associated professional or reseller services supplied by BEAM.

2. Service Scope

BEAM MDM is a business Android management service. It is intended for lawful enterprise mobility management, including device enrolment, policy configuration, app management, inventory, operational reporting, support, security controls, and related administrative workflows.

BEAM MDM is not intended for consumer surveillance, covert monitoring, debt collection control, device financing lockout, domestic monitoring, stalking, extortion, fraud, or any other use that is unlawful, coercive, deceptive, or outside legitimate enterprise device management.

The specific features, limits, fees, support arrangements, and subscription term for your use of BEAM MDM may be set out in an Order. If there is a conflict between these Terms and an Order, the Order applies only to the extent of that conflict.

3. Business Use Only

BEAM MDM is supplied for business and organisational use only. By using the Services, you confirm that you are acting in the course of business and on behalf of an organisation.

Customers and Resellers are responsible for ensuring that their own users, customers, employees, contractors, and End Users use BEAM MDM only for lawful business purposes and in accordance with these Terms.

4. Trials

BEAM may offer trial access to BEAM MDM. Trials are provided for evaluation only, unless BEAM agrees otherwise in writing.

We may limit trial duration, features, support, device counts, storage, API usage, and other capabilities. We may suspend or end a trial at any time if we reasonably believe the trial is being misused, creates a security or legal risk, breaches these Terms, breaches platform requirements, or is not being used for genuine evaluation.

Unless an Order states otherwise, trial access is provided without any service credit, uptime commitment, or warranty.

5. Customer Responsibilities

You are responsible for:

1. Ensuring that you have lawful authority to enrol, manage, monitor, configure, restrict, wipe, lock, locate, or otherwise administer each Device and End User account through BEAM MDM.
2. Giving End Users clear and legally sufficient notices about device management, data processing, remote commands, restrictions, logs, app installation, and other management actions.
3. Obtaining all consents, permissions, employment-policy acknowledgements, contractual rights, or other lawful bases required for your use of BEAM MDM.
4. Ensuring that Devices are enrolled in the correct ownership and management mode, such as company-owned, personally owned with work profile, dedicated device, or other supported Android Enterprise mode.
5. Ensuring that policies, commands, workflows, app deployments, compliance rules, and restrictions are appropriate for the relevant Device and End User.
6. Training and supervising Admin Users.
7. Keeping Account credentials, API keys, enrolment tokens, recovery codes, and authentication factors secure.
8. Maintaining appropriate backups and operational processes before issuing destructive or disruptive commands.
9. Complying with applicable laws, employment obligations, data protection obligations, sector rules, platform requirements, and contractual obligations.

BEAM is not responsible for Customer decisions, Customer policy configuration, Customer commands, Customer app selections, Customer workflows, Customer data entry, Customer misuse, or actions taken by Customer or Reseller Admin Users.

6. Admin Actions and Device Management Risk

BEAM MDM may allow Admin Users to perform sensitive actions, including but not limited to:

1. Enrolling Devices.
2. Applying or removing policies.
3. Installing, updating, blocking, or removing applications.
4. Locking, disabling, rebooting, resetting passwords, or wiping Devices.
5. Requesting device information.
6. Accessing inventory, compliance, location, audit, and operational records.
7. Configuring network, security, app, kiosk, lost mode, and other device restrictions.
8. Assigning Devices to groups, users, environments, or workflows.

Some actions may be irreversible or may cause data loss, service interruption, business disruption, loss of access, app removal, user lockout, compliance events, or other operational impact. You are responsible for reviewing and approving such actions before they are issued.

BEAM may provide confirmation prompts, audit logs, documentation, or safeguards, but these do not remove your responsibility for the commands and policies you apply.

7. Prohibited Use

You must not use, permit, encourage, or facilitate use of BEAM MDM:

1. For fraud, extortion, blackmail, harassment, intimidation, coercive control, stalking, domestic abuse, or threats.
2. To spy on, track, monitor, control, restrict, or interfere with any person or Device without lawful authority and appropriate notice.
3. To enrol or manage Devices without the knowledge and authority of the relevant organisation and, where required, the relevant End User.
4. To control Device functionality based on consumer payment status, device financing status, repayment status, lease arrears, or similar retail/B2C debt scenarios.
5. As a solution developed or used exclusively for device or user monitoring, fingerprinting, eavesdropping, surveillance, or advertising tracking independent of enterprise management.
6. To push, preload, or automatically install applications or services without the express and informed prior consent of relevant customers and End Users where required.
7. To alter commercially available Android devices for resale, lease, or onward supply except where permitted by Android Enterprise policy, such as lawful userless kiosk use.
8. To violate Google Android Enterprise, Google Play, Android Management API, app developer, device manufacturer, mobile network operator, or other applicable platform requirements.
9. To access, interfere with, damage, overload, probe, scan, circumvent, or compromise BEAM MDM or any third-party system.
10. To upload, distribute, or cause installation of malware, spyware, unlawful content, infringing content, or unauthorised software.
11. To impersonate another person or organisation, misrepresent authority, or create misleading enrolment or consent flows.
12. To process special category, criminal offence, child, or highly sensitive personal data unless you have a lawful basis and BEAM has agreed in writing where required.
13. For any unlawful, harmful, deceptive, abusive, or unauthorised purpose.

BEAM may suspend or terminate access immediately if we reasonably believe the Services are being used in breach of this section, in breach of platform requirements, or in a way that may expose BEAM, Google, any provider, any End User, or any third party to legal, security, operational, or reputational risk.

8. Android Enterprise and AMAPI Requirements

BEAM MDM uses Google Android Enterprise and AMAPI capabilities. Your use of BEAM MDM must comply with all applicable Google Android Enterprise and AMAPI terms, policies, quotas, restrictions, technical requirements, and permissible use rules.

You acknowledge that Google restricts AMAPI to commercial enterprise mobility management and related permitted enterprise use cases, and that Google prohibits certain use cases, including device financing control, exclusive monitoring, unauthorised app installation, and other scenarios described in Google's AMAPI policies.

You must:

1. Use BEAM MDM only for legitimate enterprise mobility management or another use expressly permitted by Google and BEAM.
2. Ensure that direct customer agreements and End User notices are in place where required.
3. Inform Customers and End Users, as appropriate, about data access and use arising from Android Enterprise, AMAPI, Android Device Policy, and BEAM MDM.
4. Comply with AMAPI quota and technical limits.
5. Avoid any use that may cause Google to suspend, limit, revoke, or restrict BEAM's access to AMAPI or related services.

If Google changes, suspends, withdraws, restricts, or limits any Android Enterprise, AMAPI, Android Device Policy, Google Play, or related service, BEAM may modify, suspend, or withdraw affected BEAM MDM features without liability.

9. Resellers and MSPs

Resellers may provide BEAM MDM to their own customers only where authorised by BEAM.

Resellers must:

1. Ensure each end customer is bound by written terms no less protective of BEAM, Google, End Users, and the Services than these Terms.
2. Ensure each end customer has lawful authority to manage its Devices and End Users.
3. Give or procure all required notices and consents.
4. Provide appropriate first-line support unless otherwise agreed.
5. Keep tenant, customer, and environment data logically separated.
6. Ensure their staff, contractors, and Admin Users comply with these Terms.
7. Promptly notify BEAM of suspected misuse, security incidents, unauthorised access, or prohibited use.

Resellers remain responsible for their own customers, Admin Users, actions, omissions, support commitments, commercial promises, and misuse of BEAM MDM unless BEAM has separately agreed otherwise in writing.

Resellers must not make warranties, commitments, guarantees, representations, or service promises about BEAM MDM beyond those expressly authorised by BEAM.

10. Accounts and Security

You must provide accurate registration, billing, contact, and Account information and keep it up to date.

You are responsible for all activity under your Account, including activity by Admin Users, Resellers, contractors, support personnel, and anyone using your credentials or access tokens.

You must promptly notify BEAM at [email protected] if you suspect unauthorised access, credential compromise, security weakness, misuse, or a data incident affecting BEAM MDM.

BEAM may require multi-factor authentication, password resets, access reviews, domain verification, security configuration changes, or other safeguards where we reasonably consider them necessary.

11. Fees, Subscriptions, Invoices, and Payment

Fees are set out in the applicable Order, invoice, subscription plan, or written agreement.

BEAM MDM may be supplied by subscription, trial, invoice, Stripe payment, reseller arrangement, or another agreed billing method.

Unless an Order or invoice states otherwise:

1. Invoices are due and payable within 14 days of the invoice issue date.
2. Fees are exclusive of taxes, duties, levies, bank charges, currency conversion charges, and payment provider charges, unless stated otherwise.
3. You must pay all amounts in full without set-off, deduction, withholding, or counterclaim, except where required by law.
4. Subscription fees are payable for the full committed subscription term.
5. Device counts, user counts, environments, feature tiers, or other usage metrics may affect fees.
6. Except where required by law, all fees are non-refundable. You will not receive a refund or credit for partial periods, unused features, downgrades, suspensions, or unused Device or user capacity, and no refund arises on termination except where these Terms expressly state otherwise.

If payment is late, BEAM may:

1. Charge statutory interest under the Late Payment of Commercial Debts (Interest) Act 1998 at 8% per year above the Bank of England base rate, calculated daily.
2. Charge fixed statutory debt recovery compensation and reasonable recovery costs where permitted by law.
3. Suspend or restrict access to BEAM MDM after reasonable notice, unless immediate suspension is needed to manage risk.
4. Cancel trials, withhold support, disable paid features, or terminate the relevant Order.

Suspension for non-payment does not remove your obligation to pay outstanding fees.

12. Taxes

B8N LTD is not currently VAT registered. If BEAM becomes VAT registered or if other taxes, duties, or levies become applicable, BEAM may add them to invoices as required by law.

You are responsible for any taxes, duties, withholding, or similar charges arising from your purchase or use of the Services, except taxes based on BEAM's income.

13. Support and SLA

BEAM provides standard support by email at [email protected].

Unless otherwise agreed in writing, BEAM's standard support service level is an initial response within one Business Day. "Business Day" means Monday to Friday, excluding bank and public holidays in England and Wales.

The standard support SLA is an initial response target, not a guaranteed resolution time. Resolution depends on issue severity, Customer cooperation, third-party services, platform behaviour, device state, network availability, reproducibility, and other operational factors.

BEAM may provide different support commitments, escalation paths, service credits, or availability terms only where agreed separately in writing.

14. Availability, Maintenance, and Changes

BEAM will use reasonable skill and care to provide the Services. We do not guarantee that the Services will be uninterrupted, error-free, or available at all times.

BEAM may perform maintenance, updates, security changes, migrations, feature changes, deprecations, or emergency interventions. Where reasonably practicable, we will give advance notice of material planned maintenance.

BEAM may change, add, suspend, or remove features where needed for security, legal compliance, platform changes, provider changes, product improvement, abuse prevention, or operational reasons.

BEAM MDM depends on third-party services, including Google AMAPI, Google Android Enterprise services, Amazon Web Services, Stripe where used, and other sub-processors listed in these Terms. BEAM is not responsible for delays, interruptions, restrictions, errors, data processing, policy changes, or service failures caused by third-party providers beyond BEAM's reasonable control.

15. Customer Data

As between BEAM and the Customer, the Customer owns Customer Data.

You grant BEAM the rights necessary to host, process, transmit, store, retrieve, display, secure, back up, delete, analyse, and otherwise use Customer Data for the purpose of providing, supporting, securing, maintaining, improving, and enforcing the Services.

BEAM will not sell Customer Data or use Customer Data for third-party advertising.

BEAM may use aggregated or de-identified operational information to understand service performance, improve reliability, monitor abuse, generate product statistics, or plan capacity, provided it does not identify a Customer, End User, or Device.

16. Data Protection

This section forms part of these Terms and applies where BEAM processes personal data in connection with the Services.

16.1 Roles

For Customer Data processed through BEAM MDM on behalf of the Customer, the Customer is the controller and BEAM is the processor, unless applicable law requires a different role.

For BEAM's own account administration, billing, legal compliance, security, support, business operations, fraud prevention, and service communications, BEAM may act as an independent controller.

16.2 Processing Instructions

BEAM will process Customer personal data only:

1. To provide, support, secure, maintain, and improve the Services.
2. In accordance with these Terms, any Order, and documented Customer instructions.
3. As required by law.
4. As necessary to comply with platform, security, abuse prevention, or operational obligations.

If BEAM believes a Customer instruction infringes applicable data protection law, BEAM will inform the Customer unless prohibited by law.

16.3 Categories of Personal Data

Customer personal data processed through BEAM MDM may include:

1. Admin User names, email addresses, roles, authentication records, group membership, and audit logs.
2. End User names, email addresses, identifiers, group assignments, Device associations, and support records.
3. Customer organisation names, addresses, billing details, contact details, subscription records, and commercial records.
4. Device identifiers, serial numbers, IMEI, MEID, Android IDs, hardware IDs, enrolment identifiers, operating system information, app inventory, compliance state, policy state, network information, IP addresses, location data where enabled, command history, logs, and other MDM-related data.
5. Policy, workflow, application, enrolment, audit, diagnostic, and configuration data.
6. Any other personal data the Customer or its Admin Users submit to or generate through the Services.

16.4 Categories of Data Subjects

Data subjects may include Customer staff, contractors, Admin Users, End Users, Reseller staff, Reseller customers, support contacts, billing contacts, and other individuals whose data is submitted to or processed through BEAM MDM.

16.5 Purpose and Duration

BEAM processes Customer personal data to provide, support, secure, maintain, troubleshoot, improve, and administer BEAM MDM.

Processing continues for the duration of the relevant Account, Order, subscription, trial, or support relationship and for up to 30 days after termination or expiry, unless a longer period is required by law, needed for dispute resolution, billing, security, backup expiry, fraud prevention, or otherwise agreed in writing.

16.6 Security

BEAM will implement appropriate technical and organisational measures designed to protect Customer personal data against unauthorised or unlawful processing and against accidental loss, destruction, damage, alteration, or disclosure.

Security measures may include access controls, authentication controls, encryption in transit, provider security controls, logging, backups, vulnerability management, role-based access, and operational monitoring.

BEAM will ensure that persons authorised to process Customer personal data are subject to appropriate obligations of confidentiality, whether by contract or statutory duty.

The Customer remains responsible for Account security, Admin User permissions, policy configuration, local device security, End User practices, and any systems or integrations under Customer control.

16.7 Sub-processors

The Customer authorises BEAM to use sub-processors to provide the Services. Current sub-processors include:

BEAM will use reasonable care when selecting sub-processors and will impose on each sub-processor, by written contract, data protection obligations that are materially equivalent to those set out in this section.

BEAM remains responsible for the acts and omissions of its sub-processors in their processing of Customer personal data to the same extent BEAM would be responsible if performing the processing directly.

BEAM may update sub-processors where needed to provide, secure, or improve the Services. Where required by data protection law, BEAM will provide notice of material sub-processor changes and give Customers an opportunity to object on reasonable data protection grounds. If the Customer objects on reasonable data protection grounds and BEAM cannot, acting reasonably, accommodate the objection, the Customer may terminate the affected Service or Order by giving written notice within 30 days of the notice of change. Such termination is the Customer's sole and exclusive remedy in respect of the objection, and prepaid fees for the affected Service are non-refundable.

16.8 International Transfers

BEAM primarily hosts and processes Customer Data in the UK and EU. Some processing may occur elsewhere where required by third-party providers, including Google AMAPI processing of device information in the United States.

Where personal data is transferred internationally, BEAM will take steps designed to ensure appropriate safeguards are in place, such as adequacy regulations, standard contractual clauses, international data transfer agreements, provider transfer mechanisms, or other lawful transfer safeguards.

16.9 Data Subject Requests and Assistance

The Customer is responsible for responding to data subject requests relating to Customer Data.

Taking into account the nature of processing and information available to BEAM, BEAM will provide reasonable assistance with Customer data protection obligations, including data subject requests, security obligations, breach notifications, data protection impact assessments, and regulator engagement, where required by law and where the request relates to BEAM's processing of Customer Data.

BEAM may charge reasonable fees for assistance that is extensive, repetitive, outside standard support, or not caused by BEAM's breach of these Terms.

16.10 Personal Data Breach

BEAM will notify the Customer without undue delay after becoming aware of a personal data breach affecting Customer Data processed by BEAM as processor.

The notification will include information reasonably available to BEAM at the time. BEAM may provide information in phases as investigation progresses.

The Customer is responsible for assessing whether notification to regulators, End Users, customers, employees, or other individuals is required, unless BEAM is legally required to make a notification directly.

16.11 Return and Deletion

Following termination or expiry, BEAM will delete or anonymise Customer Data within 30 days, unless retention is required by law, billing, tax, accounting, dispute resolution, security, backup expiry, fraud prevention, or legitimate business records.

Customers should export required data before termination. BEAM may provide export assistance where available and reasonably requested.

16.12 Audit and Compliance

BEAM will make available to the Customer the information reasonably necessary to demonstrate compliance with this section and with the obligations of a processor under applicable data protection law, and will allow for and contribute to audits as required by UK GDPR Article 28(3)(h).

The Customer's audit and inspection rights are satisfied as follows:

1. On reasonable written request, BEAM will provide available security and compliance documentation, certifications, audit summaries, and other relevant information, and will respond within a reasonable time to reasonable security and data protection questionnaires relating to BEAM's processing of Customer Data.
2. Where the information made available under paragraph 1 is insufficient to demonstrate BEAM's compliance, the Customer (or an independent auditor appointed by the Customer and bound by obligations of confidentiality) may carry out an audit, no more than once in any twelve-month period, except where required by a data protection authority or following a confirmed personal data breach affecting the Customer's Customer Data.
3. Audits must be carried out on at least 30 days' prior written notice, during BEAM's normal business hours, in a manner that does not unreasonably disrupt BEAM's operations, and in a way that protects the confidentiality and security of other customers' data and BEAM's systems.
4. The Customer bears its own costs and BEAM's reasonable costs of supporting an audit, except where the audit reveals a material breach by BEAM of its obligations under this section, in which case BEAM bears its own costs.

17. Confidentiality

Each party may receive confidential information from the other. Confidential information includes non-public business, technical, commercial, security, product, pricing, customer, device, and operational information.

The receiving party must protect confidential information using reasonable care and must not use or disclose it except as needed to perform obligations, exercise rights, comply with law, or as otherwise permitted by these Terms.

Confidentiality obligations do not apply to information that is public through no fault of the receiving party, already lawfully known, independently developed without use of confidential information, or lawfully received from a third party without confidentiality restrictions.

18. Intellectual Property

BEAM and its licensors own all rights in the Services, software, interfaces, workflows, designs, documentation, trademarks, product names, know-how, and related intellectual property.

These Terms do not transfer any BEAM intellectual property to you. You receive only a limited, non-exclusive, non-transferable, revocable right to access and use the Services for your internal business purposes or authorised reseller purposes during the applicable term.

You must not copy, modify, reverse engineer, decompile, resell, sublicense, frame, scrape, benchmark, or create derivative works from the Services except as expressly permitted by law or by BEAM in writing.

Feedback, suggestions, or ideas you provide may be used by BEAM without restriction or compensation.

19. Third-Party Services

The Services may integrate with, depend on, or link to third-party services, platforms, APIs, app stores, payment processors, cloud providers, device manufacturers, operating systems, mobile network operators, or customer-selected applications.

Third-party services are governed by their own terms and policies. BEAM is not responsible for third-party services except to the extent expressly stated in these Terms or an Order.

If a third-party service changes, suspends, withdraws, restricts, or charges for functionality, BEAM may modify, suspend, or withdraw affected BEAM MDM functionality.

20. Suspension

BEAM may suspend or restrict access to all or part of the Services immediately, with or without notice, if:

1. You fail to pay amounts when due.
2. You breach these Terms or an Order.
3. Your use creates a security, legal, operational, platform, reputational, or data protection risk.
4. BEAM reasonably suspects prohibited use, unauthorised access, fraud, abuse, or compromise.
5. Suspension is required by law, court order, regulator, platform provider, Google, payment provider, or other third-party provider.
6. Continued access may harm BEAM, Customers, End Users, third parties, or the Services.

Where reasonably practicable, BEAM will explain the reason for suspension and work with you to restore access once the issue is resolved.

21. Termination

Either party may terminate an Order or Account in accordance with the applicable Order.

BEAM may terminate access immediately if:

1. You materially breach these Terms and fail to remedy the breach within 14 days of notice.
2. You breach the prohibited use, AMAPI, confidentiality, intellectual property, or payment sections.
3. Your use exposes BEAM to legal, security, platform, or reputational risk.
4. You become insolvent, cease trading, or are unable to pay debts.
5. Required third-party services, platform access, or legal permissions are withdrawn or unavailable.

On termination, your right to access and use the Services ends. You must stop using BEAM MDM, pay outstanding amounts, and ensure that Devices are migrated, unenrolled, or otherwise managed appropriately.

Termination does not affect accrued rights or obligations. Sections intended to survive termination will continue, including payment, confidentiality, data protection, intellectual property, warranties and disclaimers, liability, indemnity, and governing law.

22. Customer Indemnity

You will indemnify and hold harmless BEAM, its officers, employees, contractors, providers, and affiliates against claims, losses, damages, fines, penalties, costs, and expenses arising from:

1. Your breach of these Terms or an Order.
2. Your unlawful or unauthorised use of BEAM MDM.
3. Customer Data, Customer instructions, Customer policies, Customer commands, or Customer-selected applications.
4. Claims by End Users, employees, customers, Reseller customers, or third parties relating to your device management, monitoring, notices, consent, employment practices, data processing, or misuse.
5. Breach of Google, Android Enterprise, AMAPI, app store, device manufacturer, or third-party platform requirements caused by your use.
6. Fraud, extortion, stalking, spying, coercive control, unlawful monitoring, or other prohibited use by you, your Admin Users, or your customers.

23. Warranties and Disclaimers

BEAM will provide the Services using reasonable skill and care.

Except as expressly stated in these Terms or an Order, the Services are provided "as is" and "as available". BEAM does not warrant that the Services will be uninterrupted, error-free, secure from every threat, compatible with every device, suitable for every use case, or capable of preventing every security incident, policy violation, data loss, or misuse.

BEAM does not warrant that all Android devices, OEM builds, applications, networks, enrolment flows, policies, or AMAPI features will behave consistently. Android Enterprise behaviour can vary by device model, operating system version, manufacturer, Google service state, network conditions, app behaviour, and management mode.

The Services are not designed for emergency services, life safety, medical use, aviation, critical infrastructure, or other high-risk environments where failure could cause death, personal injury, severe environmental damage, or severe physical harm.

24. Liability

Nothing in these Terms limits or excludes liability that cannot legally be limited or excluded, including liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation, or any other liability that cannot be excluded under English law.

Subject to the paragraph above, BEAM will not be liable for:

1. Loss of profit, revenue, business, goodwill, opportunity, anticipated savings, or reputation.
2. Loss, corruption, deletion, or restoration of data, having regard to the Customer's responsibility for maintaining appropriate backups and operational processes under section 5.
3. Device wipe, lockout, restriction, misconfiguration, app removal, app installation, policy application, or command execution caused by Customer configuration or Admin User action.
4. End User, employee, customer, contractor, or third-party claims arising from Customer device management decisions.
5. Indirect, consequential, special, exemplary, or punitive loss.
6. Third-party service failures, platform changes, provider restrictions, Google AMAPI changes, app behaviour, device manufacturer behaviour, network failures, or events outside BEAM's reasonable control.

Subject to the first paragraph of this section, BEAM's total aggregate liability arising out of or in connection with the Services, these Terms, and all Orders will not exceed the fees paid or payable by the Customer to BEAM for the affected Services in the 12 months before the event giving rise to liability.

For trials or free services, BEAM's liability is excluded to the fullest extent permitted by law. Where liability cannot lawfully be excluded, and subject always to the first paragraph of this section, BEAM's total aggregate liability arising out of or in connection with any trial or free service will not exceed £100.

25. Force Majeure

BEAM will not be liable for delay or failure to perform caused by events beyond its reasonable control, including acts of God, war, terrorism, civil unrest, labour disputes, pandemics, epidemics, power failures, internet failures, hosting failures, cyberattacks, denial-of-service attacks, third-party service failures, changes in law, regulatory action, platform restrictions, or provider outages.

26. Notices

BEAM may give notices by email, in-product message, support portal, invoice, website notice, or other reasonable method.

You must send notices to [email protected] unless BEAM gives another notice address.

You must keep billing, legal, security, and administrative contact details accurate and up to date.

27. Changes to These Terms

BEAM may update these Terms from time to time. Where changes are material, BEAM will take reasonable steps to notify Customers, such as by email, in-product notice, or website notice.

Updated Terms will apply from the effective date stated in the notice or, if no date is stated, from publication. If you continue using the Services after updated Terms take effect, you accept the updated Terms.

If a material change substantially and adversely affects your rights and you do not agree to it, you may stop using the Services and terminate the affected Order by giving notice within 30 days of the change, unless the change is required by law, security, platform requirements, or third-party provider requirements.

28. Assignment

You must not assign, transfer, or novate these Terms, an Order, or access to the Services without BEAM's prior written consent.

BEAM may assign, transfer, or novate these Terms or an Order as part of a merger, acquisition, restructuring, sale of assets, change of control, or transfer of the Services, provided this does not materially reduce Customer protections.

29. General

These Terms, together with any applicable Order, form the entire agreement between the parties regarding the Services and replace prior discussions, proposals, representations, or agreements about the same subject matter.

Each party agrees that it has not relied on, and has no remedy in respect of, any statement, representation, assurance, or warranty (whether made innocently or negligently) that is not expressly set out in these Terms or an Order. Nothing in these Terms limits or excludes liability for fraud or fraudulent misrepresentation.

If any part of these Terms is invalid or unenforceable, the rest remains in effect.

Failure to enforce a right is not a waiver of that right.

No person other than BEAM, the Customer, and their permitted assigns has rights under the Contracts (Rights of Third Parties) Act 1999, except that BEAM's affiliates, officers, employees, contractors, licensors, and providers may rely on protections, disclaimers, and limitations intended for their benefit.

30. Governing Law and Jurisdiction

These Terms, any Order, and any dispute or claim arising from or in connection with them are governed by the laws of England and Wales.

The courts of England and Wales have exclusive jurisdiction, except that BEAM may seek injunctive, equitable, or debt recovery relief in any jurisdiction where necessary.