Effective Date: 5/31/2022
These Terms may change over time, in which case we will post the modified Terms on this page and change the “Effective Date”. Your continued use of the Services following a change to these Terms signals your acceptance of the modification(s). In some instances, both these Terms and separate terms setting forth additional conditions may apply to a service or product offered via the Services (“Additional Terms”). To the extent there is a conflict between these Terms and any Additional Terms, these Terms will control unless the Additional Terms expressly state otherwise.
PLEASE READ THESE TERMS CAREFULLY. THESE TERMS REQUIRE THAT YOU ARBITRATE ANY DISPUTES YOU HAVE WITH US AND WAIVE ABILITY TO BRING CLAIMS AGAINST US IN A CLASS ACTION FORMAT. If you do not agree to these Terms and any Additional Terms, do not use the Services or the App.
Account Creation; Account Credentials
Account Creation. In order to use the Services, you must register and create an account with BETA (“Account”). You must be the age of the legal majority in your jurisdiction to create an Account. By creating an Account, you represent (i) that you are the person whose name and other information have been provided for the Account; (ii) that you have not been suspended or removed from the Services; and (iii) that your registration and your use of the Services is in compliance with any and all applicable laws and regulations. If you are using the Services on behalf of an entity, organization, or a company, you represent and warrant that you have the authority to bind such organization to these Terms and you agree to be bound by these Terms on behalf of such organization.
If you create an Account, you are solely responsible and liable for the security and confidentiality of your access and for all activity under your Account. You are solely responsible for your registration information and for updating and maintaining it. You will not sell, transfer, or assign your Account or any Account rights.
Account Credentials. You may use the Services through a valid authentication method, such as an RFID access card or a mobile authentication method (“Account Credential”), which will be linked to your Account and will enable you to use the Services. You agree that you are responsible for all Charging Fees (as defined below in Section 5) incurred through use of the Access Credential assigned to you and linked to your Account. You will immediately notify us at mobileSupport@beta.team if you suspect any unauthorized use of your Account, Account Credential, or any other breach of security.
User License; Ownership; and Reservation of Rights
The Mobile App. The App may contain: (i) materials and other items relating to BETA and its services including software, layout, information, databases, images, scripts, designs, graphics, illustrations, photographs, sounds, pictures, videos, technology, interactive features, the “look and feel” of the App; (ii) logos, service marks, trademarks, trade names, trade dress, and trade identities of various parties, including those of BETA; and (iii) other forms of intellectual property. All rights, title, and interest in and to the App is the property of BETA, our licensors, or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent, and/or other intellectual property and unfair competition rights and laws to the fullest extent possible.
User License. Subject to your strict compliance with these Terms, BETA grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to download, display, view, and use the App, in connection with your use of the Services for your non-commercial use only (“User License”). The foregoing User License (i) does not give you any ownership of, or any other intellectual property interest in the App; and (ii) may be immediately suspended or terminated for any reason, in BETA’s sole discretion, and without advance notice or liability. Your unauthorized use of the App may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.
Service Data. BETA reserves all right, title, and interest, in and to the Service Data and any and all Intellectual Property Rights embodied in the Service Data. “Service Data” means all data and information which is generated by your use of the Services.
Reservation of Rights. All rights not expressly granted to you are reserved by BETA and its licensors and other third parties. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. For the purposes of these Terms, “Intellectual Property Rights” means all patents, copyrights, moral rights, trademarks, trade secrets and any other form of intellectual property rights recognized in any jurisdiction, including applications and registrations for any of the foregoing.
If you access the App or use the Services, you represent you are at least the age of the majority in your jurisdiction. If you are under the age of majority and access the App or use the Services, you represent that you will do so under the supervision of a legal guardian who agrees to be bound to these Terms on your behalf. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, regulations, directives, and agreements that apply to your use of the App. You further agree that you will not: (i) use the App for any political or commercial purpose; (ii) engage in any activity in connection with the Services that is unlawful, harmful, offensive, obscene, violent, threatening, harassing, abusive, or otherwise objectionable to BETA; (iii) harvest any information from the Services, App; (iv) infringe any intellectual property or other right of any third party; (v) reverse engineer or modify the App ; (vi) interfere with the proper operation of the Services, the App or its security features; (vii) use the Services or App in a manner that suggests an unauthorized association with BETA or any other party, or is beyond the scope of the limited license granted to you; or (viii) otherwise violate these Terms.
Your use of the Services must be in accordance with any and all procedures, forms, formats, displays, and operating terms which may be determined, specified, or modified by BETA in its discretion. You are responsible for all software, hardware, interconnections, fees, expenses, costs, and taxes for you to access or use the Services or to receive any communications from BETA.
Data Privacy And Security; Location-Based Features
Anonymized Data. Notwithstanding anything to the contrary in these Terms, we may monitor, collect, use, and store anonymous and aggregate statistics and/or data regarding the use of the Services (including, but not limited to, improving the Services and creating new features) and such anonymized and aggregated shall specifically not contain any Personal Information (“Anonymized Data”). Such Anonymized Data shall be owned by BETA.
Loading Funds; Payment Methods
Loading Funds. In order to use the Services, you must link a credit card or debit card to your Account. BETA accepts credit and debit cards issued by U.S. banks. Once a credit card or debit card is linked to your Account, you may add funds to your Account for the Services (“Funds”). To load Funds onto your Account, you must enter the dollar amount and preferred payment method in your Account. There is a minimum amount of Funds that must be loaded to your Account. The Funds are a prepayment redeemable for the Services. We have no liability for any temporary inability to access Funds loaded to your Account for any reason, including but not limited to connectivity failures, problems with the App, or any other reason. Unless otherwise required by law or permitted by these Terms, the Funds are nonrefundable.
You represent and warrant that if you are making online payments that (i) any credit card or debit card information you supply is true, correct and complete, (ii) charges incurred by you will be honored by your credit or debit card company or bank, (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (iv) you are authorized to make a purchase or other transaction with the relevant credit card and credit card information.
We reserve the right to correct the Funds balance in your Account if we believe that a clerical or accounting error occurred. If you have any questions regarding your Account balance, please contact us at firstname.lastname@example.org.
Charging Fees. You understand by using the Services, we may charge you certain fees (“Charging Fees”). The Charging Fees associated with the Services will be available prior to your charging session. We will deduct the Charging Fees from the Funds available in your Account balance.
Promotions. We may occasionally run promotions while offering the Services that may affect pricing. These promotions may be governed by Additional Terms. If there is a conflict between the Additional Terms and these Terms, these Terms shall govern unless otherwise provided therein.
User Content: Reviews, Feedback, and Other Postings
BETA may provide you the opportunity to submit content through the App, directly to BETA, or through a third-party website or platform (“User Content”) will be deemed to be non-confidential and may be disclosed through the App to other parties on a worldwide basis, including for browsing, downloading, printing, and other uses by such other persons or entities. By providing User Content in connection with the Services, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, display, perform, transmit, or otherwise distribute User Content. It is your obligation to determine the extent to which User Content you submit is protected by applicable intellectual property laws. You agree that BETA shall have, and hereby grant to BETA, a worldwide, royalty-free, perpetual, irrevocable, sublicensable, non-exclusive right and license to translate, reproduce, sell, publish, distribute, modify, adapt, display, perform, promote, link to, or use, in any form or media, any User Content that you submit to BETA. BETA does not endorse any User Content, or third-party product or service that may appear in connection with use of the Services. Nothing in these Terms shall obligate BETA to use any User Content you submit or permit the posting of such User Content on any website or platform.
You agree that you will not engage in any activity or conduct or submit as part of the App any User Content or other material that is illegal, inaccurate, misleading, misappropriated, infringing, dilutive, defamatory, obscene, offensive, or otherwise objectionable and that you will not cause damage, embarrassment, or adverse publicity to BETA.
You will not attempt to damage, corrupt, tamper with, or infect the Services, the App, or any information or telecommunication system of BETA with a virus or other malicious computer program. You will only use the App for the permitted purposes stated in these Terms and will not engage in abusive activity with respect to the Services or the App or undertake any other activity which may adversely affect the use or enjoyment of the App by any person. You are prohibited from using any services or facilities provided in connection with the Services to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., network probing tools) is strictly prohibited. If you become involved in any violation of system security, BETA reserves the right to release your details to system administrators of other sites and services and law enforcement authorities in order to assist them in resolving security incidents.
We may communicate with you electronically in regard to the Services, including by email, and we may collect information related to communications between you and BETA. You agree that all notices, disclosures, agreements, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that any time you electronically transact, agree, or consent via the App, your action is intended as an electronic signature which binds you as if you had signed on paper.
Third-Party Sites and Other Information
The App may contain, as a convenience to you, content, links, and other information submitted by third parties over whom BETA has no control or responsibility. BETA has no obligation to monitor, control, or restrict the use of the App, or third-party websites or services accessible via links available as part of the App. These other websites or services are not under BETA’s control, and you acknowledge that, whether or not such websites or services are affiliated in any way with BETA, BETA is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such websites or services. The inclusion of such a link does not imply endorsement of any website or service by BETA or any association with its operators.
Accuracy. BETA will use reasonable efforts to include accurate and current information on the App, but there may be occasions when information on the App contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and other matters. BETA reserves the right to correct any errors and to update App information at any time.
Modification. Prices for the Services are subject to change without notice. BETA reserves the right at any time to modify or discontinue its Services, in whole or in part, (including removing charging locations) without notice at any time. BETA shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of BETA’s products.
Suspension of Services or App
Suspension. BETA may immediately suspend or terminate the availability of your Account, the Services, or the App, in whole or in part, to any individual user or all users, for any reason (including if you violate any provision of these Terms) and, in BETA’s sole discretion, and without advance notice or liability. Upon any suspension of your Account, the Services, or the App, all rights granted to you under these Terms will cease immediately, and you agree that you will immediately discontinue use of the App. You agree to hold us harmless from and against any and all claims, losses, or damages arising from any suspension of your Account, the Services, or the App.
Availability. BETA will use commercially reasonable efforts to provide access to the Services and the App. The Services and the App may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of BETA, access to the Services and the App may be interrupted or suspended from time to time. BETA shall have the right at any time to change or discontinue any aspect or feature of the App, including, but not limited to, hours of availability, and equipment needed for access or use.
Warranties. THE SERVICES AND THE APP ARE PROVIDED ON AN “AS IS” BASIS AND ARE USED AT YOUR SOLE RISK, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. BETA DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS, EXPRESS OR IMPLIED, OF ANY KIND, REGARDING THE SERVICES, THE APP (INCLUDING ITS CONTENT, HARDWARE, SOFTWARE, AND LINKS), INCLUDING ANY IMPLIED WARRANTIES AS TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, NONINFRINGEMENT, RESULTS, ACCURACY, COMPLETENESS, ACCESSIBILITY, COMPATIBILITY, SECURITY, AND FREEDOM FROM MALWARE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Limitations on Liability and Remedies
BETA’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH BETA (INCLUDING WITHOUT LIMITATION YOUR USE OF THE SERVICES, APP OR RECEIPT OF ANY COMMUNICATIONS) IS TO DISCONTINUE YOUR USE OF THE SERVICES AND THE APP. BETA, ITS AFFILIATES, AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SERVICES, APP, RECEIPT OF ANY COMMUNICATION, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES. THESE EXCLUSIONS FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF BETA HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, BETA, ITS AFFILIATES, AND ITS VENDORS’ LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. BETA DOES NOT ENDORSE, WARRANT, OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH A WEBSITE OR AS PART OF THIS APP AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. IN ANY EVENT, IF ANY OF THE ABOVE PROVISIONS IN THIS SECTION ARE NOT ENFORCEABLE IN AN APPLICABLE JURISDICTION, THE MAXIMUM LIABILITY OF BETA WILL BE LIMITED TO $1,000.
Waiver of Injunctive or Other Equitable Relief
YOU AGREE THAT YOU WILL NOT BE PERMITTED TO OBTAIN AN INJUNCTION OR OTHER EQUITABLE RELIEF OF ANY KIND SUCH AS ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, SUBMISSIONS, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED, OR CONTROLLED BY BETA.
You agree to defend, indemnify, and hold harmless BETA from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees and costs) arising out of or in connection with any of the following: (i) personal injury, bodily injury, including fatal injury to, or loss of or damage to the property of, any person or entity arising out of or in connection with your use of the Services; (ii) your breach or alleged breach of these Terms; (iii) your use of the App; (iv) your User Content; (v) your violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities; (vi) your violation of the rights of any third party including any intellectual property, publicity, confidentiality, property, or privacy right; or (vii) any misrepresentation made by you. BETA reserves the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with BETA’s defense of any claim. You will not in any event settle any claim without the prior written consent of BETA.
Dispute Resolution; Arbitration Agreement
THESE TERMS PROVIDE THAT ALL DISPUTES BETWEEN YOU AND BETA THAT IN ANY WAY RELATE TO THESE TERMS WILL BE RESOLVED BY BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) TO ASSERT OR DEFEND YOUR RIGHTS UNDER THESE TERMS (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT). YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY AND YOUR CLAIMS CANNOT BE BROUGHT AS A CLASS ACTION.
BETA will try work in good faith to resolve any issue you have with the Services, including your use of the App, if you bring that issue to the attention of BETA’s customer service department at email@example.com . However, BETA cannot provide any guarantees regarding the outcome(s) in this regard.
Certain portions of this Section are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and BETA agree that we intend that this Section satisfies the “writing” requirement of the Federal Arbitration Act. This Section can only be amended by mutual agreement.
You and BETA agree that any dispute, claim, or controversy arising out of or relating in any way to these Terms, including your use of the Services or the App, shall be determined by binding arbitration instead of in courts of general jurisdiction. Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and is subject to very limited review by courts. Arbitration allows for more limited discovery than in court, however, we agree to cooperate with each other to agree to reasonable discovery in light of the issues involved and amount of the claim. Arbitrators can award the same damages and relief that a court can award, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including without limitation, the law on punitive damages as applied by the United States Supreme Court. You agree that, by agreeing to these Terms, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and BETA are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms and any other contractual relationship between you and BETA.
YOU AND BETA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and BETA agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
If this Section to arbitrate provision is found to be unenforceable, then (a) the entirety of this Section shall be null and void, but the remaining provisions of these Terms shall remain in full force and effect; and (b) the exclusive jurisdiction and venue for any claims will be in state or federal courts located in and for Vermont.
Additional License Terms
Terms Applicable for Apple iOS. If you are accessing or using the App through Apple iOS Apple App Store, the following terms and conditions are applicable to you:
- You acknowledge that these Terms are entered into between you and BETA and, that Apple, Inc. (“Apple”) is not a party to these Terms other than as third-party beneficiary as contemplated below.
- Any licenses granted to you by these Terms is subject to the permitted Usage Rules set forth in the App Store Terms of Service (see: http://www.apple.com/legal/itunes/us/terms.html) and any third-party terms of agreement applicable to the App.
- You acknowledge that BETA, and not Apple, is responsible for providing the App thereof.
- You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or any support services to you with respect to the App.
- To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App.
- Notwithstanding anything to the contrary herein, and subject to the terms in these Terms, you acknowledge that, solely as between Apple and BETA, BETA, and not Apple is responsible for addressing any claims you may have relating to the App, or your possession and/or use thereof, including, but not limited, to: (i) product liability claims; (ii) any claim that the App fails to confirm to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- Further, you agree that if the App, or your possession and use of the App, infringes on a third party’s intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.
- You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
- When using the App, you agree to comply with any and all third-party terms that are applicable to any platform, website, technology or service that interacts with the App.
- Your use of real time route guidance on the App is at your sole risk. Location data may not be accurate.
Terms Applicable for Android Devices. If the App is provided to you through Google, Inc’s (Google, Inc. together with all of its affiliates, “Google”) Google Play Store, the following terms and conditions are applicable to you and are incorporated into these Terms by this reference.
- You acknowledge that Google is not responsible for providing support services for the App.
- If any of the terms and conditions in these Terms are inconsistent with the Google Play Development Distribution Agreement (the current version as of the data of these Terms) is located at https://play.google.com/about/developer-distribution-agreement.html, the terms and conditions of Google’s Google Play Developer Distribution Agreement will apply to the extent of such inconsistency or conflict.
Severability; Interpretation; Assignment. If any provision of these Terms is for any reason deemed invalid, unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms. The summaries of provisions and Section headings are provided for convenience only and shall not limit the full Terms. BETA may assign its rights and obligations under these Terms, in whole or in part, to any party at any time without any notice. These Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of BETA.
Complete Agreement; No Waiver. These Terms reflect our complete agreement regarding the Services and the App and supersede any prior agreements, representations, warranties, assurances, or discussion related to the App. Except as expressly set forth in these Terms, (1) no failure or delay by BETA in exercising any of the rights, powers, or remedies hereunder will operate as a waiver of that or any other right, power, or remedy, and (2) no waiver or modification of any term of these Terms will be effective unless in writing and signed by BETA.
Investigations; Cooperation with Law Enforcement. BETA reserves the right to investigate and prosecute any suspected or actual violations of these Terms. BETA may disclose any information as necessary or appropriate to satisfy any law, regulation, legal process, or government request.
Governing Law. These Terms, your rights and the rights of BETA within these Terms shall be governed by and construed in accordance with the laws of the Vermont, without regard to choice of law principles. Any action arising out of or relating to these Terms shall be filed only in the state or federal courts located in Vermont and you hereby consent and submit to the exclusive personal jurisdiction and venue of such courts.
International Issues. BETA controls and operates the App from its offices in the United States, and BETA makes no representation that the App is appropriate or available for use beyond the United States. If you use the App from other locations, you are doing so on your own initiative and are responsible for compliance with applicable local laws regarding your online conduct and acceptable content if and to the extent local laws apply. We reserve the right to limit the availability of the App and/or the provision of any content, program, product, service, or other feature described or available through the App to any person, entity, geographic area, or jurisdiction at any time and in our sole discretion and to limit the quantities of any content, program, product, service, or other feature that we provide.
If you have any questions regarding these Terms or the App, you may contact us by email at firstname.lastname@example.org.