These Terms of Use constitute a legally binding agreement between you and beamy (“beamy”, “we”, “us” or “our”), a brand of Bucephalus Ventures Limited, governing your use of the beamy website located at https://beamy.ai/ (the “Site”, the “Website”) and any content, functionality, and services offered on or through the Site. By using the Site, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy. If you do not agree to these Terms of Use or the Privacy Policy, you must not access or use the Site.
1. The Site
1.1 Site Purpose
The Site provides information about our online learning course (the “Services”). The Site is intended solely to facilitate access to the Services and does not itself host the Services.
1.2 Site Content
The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by beamy, its parent company Bucephalus Ventures Limited, their licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
1.3 Third-Party Services
The Services are hosted, provided, and made available by a third-party platform provider (the “Platform Provider”) under terms and conditions separate from these Terms of Use. By enrolling in our courses, you will be required to register an account directly with the Platform Provider and agree to their terms of service and privacy policy. The Platform Provider collects account information, course enrollment details, payment information, and usage data to provide the Services to you on our behalf. We only receive from the Platform Provider the personal data necessary to provide our Services. Note that your personal data may be transferred to and processed in countries outside your country of residence, including the United States. Please review the Platform Provider’s legal policies carefully, as they govern your use of their services.
For more information about how we use cookies, please see our Cookie Policy.
2. Use of the Site
2.1 Eligibility
The Site and beamy courses are designed for professional and educational purposes. You must be at least 18 years old to use the Site. By using the Site, you represent and warrant that you are at least 18 years old. The Site is not intended for individuals under 18 years of age, and we do not knowingly collect personal data from individuals under 18.
2.2 Permission to Use the Site
Subject to your compliance with these Terms of Use, beamy grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the Site for your personal, non-commercial use, and only in a manner that complies with all legal requirements that apply to you or your use of the Site, including the beamy Privacy Policy and these Terms of Use. beamy may revoke this license at any time, in its sole discretion.
2.3 Prohibited Uses
You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to:
(a) Use the Site in any way that violates any applicable federal, state, local, or international law or regulation.
(b) Use the Site for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way.
(c) Send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms of Use.
(d) Transmit any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or other similar solicitation.
(e) Impersonate or attempt to impersonate beamy, a beamy employee, another user, or any other person or entity.
(f) Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site or which may harm beamy or users of the Site.
(g) Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site.
(h) Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
(i) Use any manual process to monitor or copy any of the material on the Site for any unauthorized purpose without our prior written consent.
(j) Use any device, software, or routine that interferes with the proper working of the Site.
(k) Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
(l) Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
(m) Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
(n) Otherwise attempt to interfere with the proper working of the Site.
2.4 Monitoring
We reserve the right to:
(a) Monitor the Site for violations of these Terms of Use;
(b) Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including reporting such user to law enforcement authorities;
(c) Manage the Site in a manner that protects our rights and property and facilitates the proper functioning of the Site.
3. Intellectual Property Rights
3.1 Ownership
The Site and its entire contents, features, and functionality are owned by beamy, its parent company Bucephalus Ventures Limited, their licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
3.2 Trademarks
The beamy name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Bucephalus Ventures Limited or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
3.3 Copyrights
You may print off one copy, and may download extracts, of any page(s) from the Site for your personal use and you may draw the attention of others within your organization to content posted on the Site. You must not modify any paper or digital copies of any materials you have printed off or downloaded. You must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of content on the Site must always be acknowledged. If you print off, copy or download any part of the Site in breach of these Terms of Use, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
3.4 DMCA Compliance
If you believe that any User Contributions violate your copyright, please notify our copyright agent as required by the U.S. Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. §512). Upon receipt of a compliant DMCA takedown notice, we will respond and proceed according to the statute.
4. Third-Party Links and Ads
4.1 Third-Party Links
If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
4.2 Third-Party Ads
The Site may display advertisements from third parties. The display of such advertisements does not in any way imply endorsement of the advertised products or services. We shall not be responsible for any loss or damage of any sort relating to your dealings with advertisers.
5. User Contributions
5.1 User Contributions Defined
The Site may contain interactive features that allow users to post, submit, publish, display, or transmit content or materials (collectively, “User Contributions”) to other users or persons on or through the Site.
5.2 No Confidentiality
Any User Contribution you post to the Site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
5.3 Representations
You represent and warrant that: (i) You own or control all rights in and to the User Contributions and have the right to grant the license granted above; and (ii) All of your User Contributions comply with these Terms of Use.
5.4 Disclaimer
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not beamy, have fully responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Site.
6. Copyright Policy
6.1 DMCA Compliance
beamy will respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (DMCA). If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access to them) by submitting written notification to our Copyright Agent designated below. In accordance with the DMCA, the written notice must include:
(a) Your physical or electronic signature.
(b) Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Site, a representative list of such works.
(c) Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
(d) Adequate information by which we can contact you (including your name, postal address, telephone number and e-mail address).
(e) A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
(f) A statement that the information in the written notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated Copyright Agent to receive DMCA Notices is: David Peran, david.peran@beamy.ai.
6.2 Repeat Infringement
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
7. Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER BEAMY NOR ANY PERSON ASSOCIATED WITH BEAMY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER BEAMY NOR ANYONE ASSOCIATED WITH BEAMY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, BEAMY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
8. Limitation of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL BEAMY, ITS PARENT COMPANY BUCEPHALUS VENTURES LIMITED, THEIR AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
9. Discontinuation of Services
In the event that beamy ceases operations, all access to the platform and associated services will terminate. We will provide you with at least one (1) month’s notice prior to the cessation of operations, allowing you time to make any necessary adjustments.
10. Indemnification
You agree to defend, indemnify, and hold harmless beamy and its parent company Bucephalus Ventures Limited, their affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, including, but not limited to, your User Contributions, any use of the Site’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Site.
11. Governing Law and Jurisdiction
These Terms of Use and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of Hong Kong Special Administrative Region (HKSAR).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use shall be instituted exclusively in the courts of Hong Kong Special Administrative Region (HKSAR), provided that this shall not prevent us from bringing any suit, action, or proceeding against you in your country of residence or any other relevant jurisdiction. You agree to submit to the jurisdiction of the courts of Hong Kong Special Administrative Region (HKSAR) for the resolution of any such disputes, and you waive any objection to such jurisdiction or venue. Nothing in these Terms of Use shall limit the right of either party to enforce a judgment or award in any other jurisdiction.
12. Arbitration
At Company’s sole discretion, we may require you to submit any disputes arising from these Terms of Use, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of the Hong Kong International Arbitration Centre (HKIAC). The arbitration shall be governed by the laws of Hong Kong Special Administrative Region (HKSAR). The place of arbitration shall be Hong Kong. The language of the arbitration shall be English. The arbitration shall be conducted by one arbitrator appointed in accordance with the HKIAC Rules.
13. Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
14. Waiver and Severability
No waiver by beamy of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of beamy to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
15. User Rights
Depending on your location, you may have certain statutory rights related to your personal data under laws such as the EU General Data Protection Regulation (GDPR) or the California Consumer Privacy Act (CCPA), including the right to access, delete, or correct your data. Please see our Privacy Policy for more details about your specific rights and how to exercise them. We will cooperate with the Platform Provider to respond to any valid data subject requests related to their processing.
16. Governing Law and Dispute Resolution
These Terms are governed by the laws of Hong Kong Special Administrative Region (HKSAR), without regard to its conflict of law provisions. Any dispute arising out of or related to these Terms or the Site shall be subject to the exclusive jurisdiction of the courts located in Hong Kong Special Administrative Region (HKSAR). Alternatively, we may elect to resolve the dispute through binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules.
17. Force Majeure
We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemic, strikes or shortages of transportation facilities, fuel, energy, labor or materials. In the event of such delay, the time for performance shall be extended for a period equal to the time lost by reason of the delay.
18. Entire Agreement
The Terms of Use, our Privacy Policy, and any applicable Order Forms constitute the sole and entire agreement between you and beamy regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.
19. Your Comments and Concerns
The Site is operated by beamy, a brand of Bucephalus Ventures Limited, Unit 2A, 17/F, Glenealy Tower, No.1 Glenealy, Central, Hong Kong.
All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set out therein.
All other feedback, comments, requests for technical support, and other communications relating to the Site should be directed to: contact@beamy.ai.
20. No Third-Party Beneficiaries
These Terms of Use do not create or confer any rights or benefits to any third party.
21. Geographic Restrictions
Access to the Site may not be legal by certain persons or in certain countries. If you access the Site in those countries, you do so on your own initiative and are responsible for compliance with local laws.
22. No Joint-Venture or Agency
Nothing in these Terms shall be deemed to create a joint venture, partnership, employment, or agency relationship between you and beamy or Bucephalus Ventures Limited. You do not have any authority to bind beamy or Bucephalus Ventures Limited in any respect whatsoever.
This Privacy Policy, together with our Cookie Policy, Terms of Use, and Disclaimer, constitutes the entire agreement between you and beamy regarding your use of the Website.