Terms of Use

1. Services

Beamy provides:

• Custom website design and development
• Website hosting services
• Ongoing maintenance and update services
• Related digital services as agreed in writing

Specific project scope, pricing, and deliverables are defined in written proposals, invoices, or service agreements.

2. Website Use

You agree not to:

• Copy, scrape, or reproduce website materials without permission
• Attempt unauthorized access to systems
• Interfere with site functionality
• Use the website for unlawful purposes

We reserve the right to restrict access at our discretion.

3. Custom Development Services

• Work begins after agreed payment terms are satisfied.
• Scope is limited to what is agreed in writing.
• Additional work may require additional fees.
• Project timelines depend on client responsiveness and content delivery.

Unless otherwise stated in writing, development fees are non-refundable once work has begun.

4. Hosting & Maintenance Services

If you subscribe to hosting or maintenance:

• Services are billed monthly in advance.
• Cancellation requires 30 days written notice.
• Services may be suspended for non-payment.
• Hosting is provided “as available.”

Beamy does not guarantee uninterrupted uptime and is not liable for outages caused by third-party infrastructure providers, cyberattacks, force majeure events, or other external circumstances.

Upon cancellation, website data may be removed after a reasonable transition period. Clients are responsible for requesting and exporting files prior to termination.

5. Payments

• Payment terms are defined in your written agreement or invoice.
• Late payments may result in service suspension.
• We reserve the right to assess reasonable late fees where permitted by law.
• Improper chargebacks may result in account termination.

6. Intellectual Property

Client Ownership Upon full payment, the client owns the final website deliverable, custom code specific to the project, and client-provided materials.

Beamy Ownership Beamy retains ownership of development frameworks, reusable code structures, design systems, deployment tools, and internal processes and methodologies.

Beamy may display completed work in its portfolio unless otherwise agreed in writing.

7. Client-Provided Content

Clients represent and warrant that they own or have rights to all content provided, that content does not infringe third-party rights, and that content complies with applicable laws.

Clients agree to indemnify and hold Beamy harmless against claims arising from client-provided content.

Beamy reserves the right to refuse or remove unlawful or inappropriate material.

8. Backups & Data Loss

While Beamy may perform backups, backups are not guaranteed. Clients are responsible for maintaining independent copies of critical data.

Beamy is not liable for data loss, corruption, or restoration failures.

9. Security

Beamy uses reasonable industry-standard security measures, including HTTPS encryption. However, no system is completely secure.

Clients are responsible for safeguarding login credentials and account access.

10. Acceptable Use (Hosting Clients)

Clients may not use hosting services to:

• Distribute malware
• Send spam
• Host illegal or infringing content
• Conduct abusive or excessive resource activity

We reserve the right to suspend services for violations.

11. Analytics & Tracking

Beamy may use tools such as Google Analytics to collect usage data. Data collection and processing are governed by our Privacy Policy.

12. Accessibility

Beamy builds websites using accessibility-conscious practices. However, ongoing compliance depends on client-provided content and regulatory changes.

Formal accessibility audits or certifications are separate services unless explicitly included in writing.

13. Disclaimer of Warranties

All services are provided “as is” and “as available.” Beamy does not guarantee search engine rankings, traffic levels, revenue outcomes, or continuous hosting uptime.

To the fullest extent permitted by law, all implied warranties are disclaimed.

14. Limitation of Liability

To the fullest extent permitted by law, Beamy Co. shall not be liable for indirect, incidental, consequential, special, or punitive damages.

Total liability for any claim shall not exceed the total amount paid by the client to Beamy Co. in the twelve (12) months preceding the claim.

Officers, directors, employees, contractors, and affiliates of Beamy Co. shall have no personal liability.

15. Indemnification

You agree to indemnify and hold harmless Beamy Co., its officers, directors, employees, and agents from claims, damages, or legal expenses arising from your content, misuse of services, or violation of these Terms.

16. International Users

Beamy Co. operates from the United States. International users agree that U.S. laws apply, data may be processed in the United States, and they are responsible for local legal compliance.

17. Arbitration & Dispute Resolution

Any dispute arising from these Terms shall be resolved through binding arbitration in the State of Ohio.

Arbitration shall be conducted on an individual basis. Class actions, collective proceedings, and jury trials are waived. The arbitrator’s decision shall be final and binding.

18. Governing Law

These Terms are governed by the laws of the State of Ohio, without regard to conflict-of-law principles.

19. Changes to Terms

We may update these Terms periodically. Continued use of services constitutes acceptance of revised Terms.