PLEASE READ THESE TERMS CAREFULLY

These terms set out:

• your legal rights and responsibilities;
• our legal rights and responsibilities; and
• certain key information required by law

In these terms:

We, us or our means BEAM XR LIMITED, trading as Beam XR and You or your means the person using our Services on our Platform.

Services means our streaming and recording services, access to software, tools, apps, websites, subscriptions and all other products or services offered on our Platform. Platform means the platform managed by Beam XR at https://beamxr.io to provide the Services and include all of our desktop, console, and mobile applications.

Some Services are offered on a free basis whereas other Services are offered on a paid-for basis. In either case, this will always be made clear to you in the description and/or the order process. Please see our pricing pages at https://beamxr.io/pricing/ for more information.

If you don’t understand any of these terms and want to talk to us about it, please contact us by:

• email at team@beamxr.io, or
• via Discord: https://discord.com/invite/beamxr

Who are we?

• We are registered in England and Wales under company number: 15273319

• Our registered office is at: Ye Olde Hundred, Church Way, North Shields, Tyne And Wear, United Kingdom, NE29 0AE

• Our VAT number is: GB461126812

1. INTRODUCTION

1.1 If you use any of our Services you agree to be legally bound by these terms. If you, for yourself or on behalf of those you represent, do not agree to any provision of these terms, you must, for yourself and on behalf any such person(s), cancel the registration process, discontinue your use of the Services, and, if you are already registered, cancel your account.

1.2 Developers of our Beam XR SDK are also subject to additional developer terms and conditions which can be found here https://beamxr.io/developerterms/.

2. YOUR PRIVACY AND PERSONAL INFORMATION

2.1 Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities in the event you have a query or complaint about the use of your personal information.

2.2 Our Privacy Policy is available at https://beamxr.io/privacy-policy/

3. USERS OF OUR SERVICES

3.1 By accessing our Services, you represent to us that:

• you are at least 13 years old; and
• you meet the minimum age required to access these Services in your country.

3.2 If you are between the ages of 13 and the age of legal majority in your jurisdiction of residence, you may only use the Services under the supervision of a parent or legal guardian who agrees to be bound by these terms.

3.3 BY DOWNLOADING, INSTALLING, OR OTHERWISE USING OUR SERVICES, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE, THAT YOUR PARENT OR LEGAL GUARDIAN AGREES TO BE BOUND BY THESE TERMS IF YOU ARE BETWEEN 13 AND THE AGE OF LEGAL MAJORITY IN YOUR JURISDICTION OF RESIDENCE, AND THAT YOU HAVE NOT BEEN PREVIOUSLY REMOVED FROM AND ARE NOT PROHIBITED FROM RECEIVING THE SERVICES.

3.4 The Services are also not available to any users previously removed from our Platform by us or to any persons under any sanctions or barred from receiving them under the laws of the United Kingdom or applicable laws in any other jurisdiction.

4. ACCOUNTS

4.1 In order to access some elements and functionality of the Services, you will need to create an account. When creating your account, you must provide accurate and complete information. It is important that you must keep your account password secure and confidential.

4.2 You must notify Beam XR immediately of any breach of security or unauthorised use of your account that you become aware of.

4.3 You agree that you will be solely responsible (to Beam XR, and to others) for all activity that occurs under your account.

5. ORDERS

5.1 You can place an order for our paid-for Services by placing an order through your account. Before you place your order you must check that the hardware and software requirements of your computer or device mean that you can use our Services. Please click on the ‘key technical information’ link if you want to see the requirements.

5.2 When you place your order at the end of the online purchase process, we will acknowledge it by email. This acknowledgement does not, however, mean that your order has been accepted.

5.3 We may contact you to say that we do not accept your order. This is typically for the following reasons:
• the Services are unavailable;
• we cannot authorise your payment;
• you are not allowed to buy the Services from us;
• we are not allowed to sell the Services to you; or
• there has been a mistake on the pricing or description of the Services.

5.4 We will only accept your order when we confirm this with you through your account. At this point:
• a legally binding contract will be in place between you and us (contract); and
• access to the Services will be available.

6. FEES

6.1 At any time you sign up to our Services on a paid-for basis the fees are set out during the order process (the Fees). The Fees shall be in GBP and include VAT and any other taxes applicable.

6.2 Fees shall either be billed as a one off payment or on a recurring basis, and your selected Services will automatically be provided at the price and frequency you have chosen at the time of your purchase.

6.3 Your subscription may have a minimum term. If it does, you will be informed of this prior to checkout. That minimum term is called the Initial Period of your subscription. Your subscription will continue in effect for the Initial Period and, thereafter, it will automatically renew for successive periods equal in time to the Initial Period of your current subscription (each such period is a Renewal Period).

6.4 You shall pay to us the Fees for the Initial Period upfront at the start of the Initial Period, and you shall pay us the Fees for each subsequent Renewal Period upfront at the start of each Renewal Period.

6.5 You may make payment using one of the payment methods set out in the order process. When you place an order, you authorise us to take a one off payment or recurring monthly or annual charges, as applicable, on the payment method you have designated You may be asked to provide certain information, including your name, email, phone number, payment method details and billing address.

6.6 We have the right to make changes to the Fees for paid-for Services from time to time, although we shall not make any change to the Fees applicable to you during the current Initial Period or Renewal Period (as applicable). If these changes result in an increase in the Fees payable by you, we shall inform you at least 30 days in advance of the change. If you do not agree to pay the increased fees, you may terminate in accordance with Section 7.4 of these terms (Termination).

6.7 If we need to change or cancel an order, we may attempt to notify you by contacting the e-mail, billing address and/or phone number that you provided during the order process. A refund will be issued to your original payment method if payment has already been taken on an order that we then cancel.

6.8 If we’re unable to collect any payment you owe us we charge interest on the overdue amount at the rate of 4% a year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You pay us the interest together with any overdue amount.

7. TERMINATION

Termination by you

7.1 In most cases, you will have a right to change your mind and cancel your contract with us within fourteen (14) days of confirmation of your order without giving a reason (the Cooling-off Period).

7.2 You will lose the right to change your mind and cancel your contract when you start to access our Services. You can access our Services during the Cooling-off Period but: (i) you expressly agree that we may begin to make the Services available to you during the Cooling-Off Period and you expressly acknowledge and agree that your right to cancel your Services will be lost. You will be asked to read the following statement, agree to it, and tick the relevant box when accessing our Services:
‘I hereby consent to immediate performance of this contract and acknowledge that I will lose my right of withdrawal from the contract once the download or streaming of the digital content has begun’.

7.3 If you want to terminate your access to the Services at any time then you can do so via your account or by emailing us at team@beamxr.io. You may alternatively use the following model cancellation form, which you can complete and email to us, but you are not required to use this form:

Model Cancellation Form

To: Beam XR Limited. E-mail address: team@beamxr.io I/We(*) hereby give notice that I/We(*) cancel from my/our (*) contract for the provision of the following service*, Ordered on(*) / received on(*) Name of consumer(s),Address of consumer(s), Signature of consumer (only if this form is notified on paper) Date(*) Please delete if not applicable.

7.4 Please note that for subscriptions that may have a minimum term your access will end from the end of the Initial Period or Renewal Period during which you cancelled your subscription, unless you are terminating as a result of us increasing any recurring Fees as referred to in section 6.6 in which case you can terminate at any time before the increased Fees take effect.

7.5 We shall pay any refund due from us to you on termination no later than 14 days after the day on which we are informed about your decision to cancel your contract.

7.6 We shall pay such refund using the payment method you selected when you placed your order.

Termination by us

7.7 We may need to terminate your access to the Services for legal or commercial reasons and will try to provide reasonable notice ahead of time unless we are prevented from doing so by law. Unless this termination is a result of your material breach of these terms or any other compliance obligation we may have, you will:
• be refunded pro rata for any Fees already paid by you in respect of Services that you will then no longer receive; and
• no longer be charged for future recurring Fees.

7.8 We may also be entitled to terminate your access to the Services (and block your account) or remove any User Content you have submitted if:
• you breach these terms, any Beam XR policy, or additional terms that apply to specific products or services;
• you don’t make any payment to us when it’s due and you still don’t make payment within 7 days of our reminding you that payment is due;
• we are required to do so to comply with a legal requirement or court order;
• we reasonably believe termination is necessary to prevent harm to you, us, other users, or third parties.

7.9 When the contract between us comes to an end, all of the legal rights, obligations and liabilities that you have benefited from, been subject to (or which have accrued over time whilst the terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation.

8. USER CONTENT

8.1 You are allowed to use the Services to create and distribute streaming live and pre-recorded audio-visual works and to participate in other activities in which you may create, post, transmit, perform, or store content, messages, text, sound, images, applications, code, or other data or materials. That content is called User Content.

8.2 Such activity is allowed provided that:

8.2.1 the creation or use of User Content is not prohibited in the specifications or other related documents on our Platform

8.2.2 the User Content is not unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, breaches any law, or is otherwise dishonest, inaccurate, inappropriate, malicious or fraudulent;

8.2.3 you do not delete, remove, circumvent, disable, damage, or otherwise interfere with (a) security-related features of the Services or User Content, (b) features that prevent or restrict use or copying of any content accessible through the Services, (c) features that enforce limitations on the use of the Services or User Content, or (d) the copyright or other proprietary rights notices on the Services or User Content;

8.2.4 you have obtained all necessary consents or entitlements from third parties for the creation or use of such User Content.

8.3 If you submit, transmit, display, perform, post, or store User Content using the Services, you grant us and our sub-licensees, to the furthest extent and for the maximum duration permitted by applicable law (including in perpetuity if permitted under applicable law), an unrestricted, worldwide, irrevocable, fully sub-licensable, non-exclusive, and royalty-free right to:

8.3.1 use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content (including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any form, format, media, or media channels now known or later developed or discovered;

8.3.2 use the name, identity, likeness, and voice (or other biographical information) that you submit in connection with such User Content.
We can exercise these rights in connection with commercialising our Services.

8.4 We may remove, edit, or refuse to publish any User Content that breaches these terms or that we deem inappropriate in our sole discretion at any time and without notice. We do not endorse any User Content and are not responsible for the accuracy, completeness, or reliability of any User Content.

8.5 Users are solely responsible for their User Content and the consequences of posting or publishing it. By submitting your User Content, you agree that you have all rights, power and authority necessary to grant the rights to such User Content as set out in these terms. As you alone are responsible for your User Content, you may expose yourself to liability if you post or share User Content without all necessary rights.

9. INTELLECTUAL PROPERTY RIGHTS

9.1 You acknowledge that all intellectual property rights in the Services including but not limited to all text, graphics, user or visual interfaces, trademarks, logos, music, sounds, artwork, photographs, video and computer code (Beam XR Content) is owned, controlled or licensed by us.

9.2 Unless another agreement applies to particular Beam XR Content, in consideration of you agreeing to abide by these terms, we hereby grant you a non-exclusive, non-transferable licence to use the Beam XR Content subject to these terms.

9.3 Except as expressly set out in these terms or as permitted by any local law, you undertake:

9.3.1 not to copy the Beam XR Content, except where such copying is incidental to normal use of the Software or where it is necessary for the purpose of back-up or operational security;

9.3.2 not to rent, lease, sub-license, loan, translate, merge, adapt, vary, alter or modify, the whole or any part of the Beam XR Content;

9.3.3 not to make alterations to, or modifications of, the whole or any part of the Beam XR Content, nor permit the Beam XR Content or any part of it to be combined with, or become incorporated in, any other programs, without explicit written permission from us;

9.3.4 not to disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Beam XR Content:

9.3.5 is used only for your personal use;

9.3.6 is not used to create any software that is substantially similar in its expression to the Beam XR Content;

9.3.7 to include our copyright notice on all entire and partial copies of the Beam XR Content in any form;

9.3.8 not to provide, or otherwise make available, the Beam XR Content in any form, in whole or in part (including, but not limited to, program listings, object and source program listings, object code and source code) to any person without prior written consent from us;

9.3.9 not to use the Beam XR Content to create, store, distribute, transmit or use in any other way content or material which:

(a) is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
(b) facilitates or promotes illegal activity;
(c) promotes unlawful violence or any form of abuse;
(d) is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability; or
(e) is otherwise illegal or causes damage or injury to any person or property or could reasonably be seen to do so;
and we reserve the right, without liability or prejudice to our other rights, to disable your access to any material that breaches the provisions of this condition 9.3.

9.4 Certain open source licenses (Open Source Software) may be included in the Services. The Open Source Software is licensed under the terms of the license that accompanies such Open Source Software. Nothing in these terms limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for such Open Source Software.

10. EXCLUSION OF WARRANTIES

10.1 Nothing in the terms shall affect any statutory rights that you are always entitled to as a consumer and that you cannot contractually agree to alter or waive.

10.2 The Services are provided “as is” and Beam XR makes no warranty or representation to you with respect to them.

10.3 In particular, Beam XR makes no representations or warranties:

10.3.1 that the Services will be permitted in your jurisdiction;

10.3.2 that the Services will be uninterrupted or effort-free;

10.3.3 concerning any content created or submitted by any user using the Services;

10.3.4 concerning any third party’s use of User Content;

10.3.5 that any User Content you create or submit will be made available via Beam XR’s software or will be stored by Beam XR; and

10.3.6 that Beam XR will continue to support any particular feature of the Services.

11. LIMITATION OF LIABILITY

11.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

11.2 We are responsible for losses you suffer caused by us breaking this contract unless the loss is:

11.2.1 Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).

11.2.2 Caused by a delaying event outside our control. As long as we have taken the steps set out in the section we are not responsible for delays outside our control.

11.2.3 Avoidable. Something you could have avoided by taking reasonable action. For example, damage to your own digital content or device, which was caused by digital content we supplied and which you could have avoided by following our advice to apply a free update or by correctly following the installation instructions or having the minimum system requirements advised by us.

11.2.4 A business loss. It relates to your use of our Services for the purposes of your trade, business, craft or profession.

11.3 Other than the losses set out in clause 11.2 (for which Beam XR is not liable) Beam XR’s total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, shall in all circumstances be limited to:

11.3.1 for paid-for Services, the total of Fees paid by you or on your behalf during the 6 months immediately preceding the date on which the claim arose;

11.3.2 for free Services, £50.00.

11.4 Nothing in these terms affects your statutory rights. Advice about your statutory rights is available from your local Citizens’ Advice Bureau or Trading Standards Office.

12. THIRD PARTY LINKS

12.1 The Service may include hyperlinks to other web sites that are not owned or controlled by Beam XR Ltd. Beam XR has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites.

12.2 You acknowledge and agree that Beam XR is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.

12.3 You acknowledge and agree that Beam XR is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

13. CHANGES TO TERMS

We may make changes to these terms from time to time and to the extent practicable we will give 30 days’ days’ prior notice of any material changes and, for paid-for subscription services, such changes will then take effect from the start of the next Renewal Period, unless the change is due to a change in law or for security reasons (in which case we may need to change these terms on shorter notice). Any use of the Platform and/or the Services after the notice period will be deemed acceptance by you of the changed terms.

14. COMMUNICATIONS BETWEEN US

14.1 If you wish to contact us in writing, or if any condition in these terms requires you to give us notice in writing, you can send this to us by email or by pre-paid post to BEAM XR LIMITED of Ye Olde Hundred, Church Way, North Shields, Tyne And Wear, United Kingdom, NE29 0AE or {team@beamxr.io}. We will confirm receipt of this by contacting you in writing, normally by email.

14.2 If we have to contact you or give you notice in writing, we will do so by email or by pre-paid post to the address you provide or confirm to us when you create your account.

15. COMPLAINTS

15.1 Any complaint must be handled in accordance with our complaints procedure. Complaints must be made in writing to us at team@beamxr.io and must contain the following information:
• Full name, address and account details;
• A full description of the complaint made and whether this is against us or another user of the Service.

15.2 We will acknowledge receipt of the complaint within 7 days and will request clarification of any matters contained in the complaint within 21 days thereafter. We will deal with the complaint and issue a decision within 3 months from the date the complaint was received. In reaching that decision, we will:
• Investigate the complaint as it sees fit;
• Obtain advice (where it is appropriate to do so) from an appropriate professional.

15.3 If we cannot make a decision within 3 months then it will notify the complainant explaining he reasons for the delay and when they can expect to be able to make a decision.

15.4 We will notify the complainant of its decision in writing no later than 15 days after the decision was made together with any further action that it intends to take to resolve the complaint. There is no right to appeal this decision.

16. OTHER IMPORTANT TERMS

16.1 We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

16.2 You may only transfer your rights or your obligations under this contract to another person if we agree in writing.

16.3 This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.

16.4 Each of the conditions of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining conditions will remain in full force and effect.

16.5 If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

16.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

16.7 Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to CEDR via their website at www.cedr.com/. If you are not satisfied with the outcome from CEDR, you can still bring legal proceedings.

Last Updated: 13th February 2025