Legal

Terms of Service

The terms and conditions governing your use of the BeepXtra platform and services.

READ THIS AGREEMENT CAREFULLY BEFORE USING ANY BEEPXTRA SERVICE. THIS IS A LEGALLY BINDING AGREEMENT BETWEEN BEEPXTRA AND YOU, INCLUDING ANY BEEPXTRA CUSTOMER, USER, OR WEBSITE VISITOR (collectively referred to herein as the “Customer”).

These Terms of Service form part of an agreement (this/the “Agreement”) between Beepxtra and the Customer. This Agreement governs provision of Beepxtra’s services (the “Service”) and is effective as of the moment the Customer indicates agreement on the Beepxtra.com website, or from the moment the two parties sign a paper version, or as of the moment the Customer uses any Beepxtra service or accesses the Beepxtra.com website (whichever comes first).

In addition to these Terms of Service, this Agreement consists of: Beepxtra’s Privacy Policy.

1. The Service

  1. Beepxtra is a decentralised, cyberspace-based loyalty and payments platform. Access to the Service is granted upon registration, subject to the plan selected by the Customer. Participating merchants contribute a small service fee to Beepxtra on transactions processed through the network. The specific fee applicable to the Customer’s account is confirmed at the time of registration or as otherwise agreed in writing with Beepxtra.
  2. It is mandatory that prior to any proposals involving 30,000 or more Beep Cards and/or 10 or more outlets, written confirmation from Beepxtra is obtained. The review process will take into account:
    1. A detailed proposal including a senior contact at the store, company or organisation in question.
    2. Confirmation that there is no conflict with another party already approved for the same proposal.
  3. Beepxtra will provide the Service pursuant to this Agreement. The Customer agrees that the Service is for business use as well as for consumers, and the Customer hereby affirms:
    1. That it is not an individual less than 18 years old.
  4. The Service will include such optional features (“Optional Features”) as are reflected in any Beepxtra quote accepted by the Customer and any other ordering records maintained by Beepxtra (collectively, the Customer’s “Signup”). Optional Features may include:
    1. Consulting or other professional services provided by Beepxtra’s staff (including without limitation independent contractors operating under the Beepxtra name); and
    2. Software and other products and services the Customer acquires through Beepxtra’s online application, provided such product or service is specifically designated “Provided Directly by Beepxtra.”
  5. The Service does not include any software, consulting service, or other product or service not provided by Beepxtra (collectively, “Third Party Products and Services”).
    1. Third Party Products and Services include, without limitation: (A) any third party consulting services that assist the Customer in utilising the Service; and (B) any and all software and other products and services the Customer acquires through Beepxtra Exchange, unless such product or service is specifically designated “Provided Directly by Beepxtra.”
    2. THIRD PARTY PRODUCTS AND SERVICES ARE NOT PART OF THE SERVICE, AND THE CUSTOMER ACQUIRES THEM DIRECTLY FROM THE THIRD PARTY PROVIDER. BEEPXTRA IS NOT RESPONSIBLE OR LIABLE FOR ANY THIRD PARTY PRODUCTS AND SERVICES, EVEN IF BEEPXTRA RECOMMENDS THE THIRD PARTY PROVIDER, EVEN IF THE THIRD PARTY PRODUCTS AND SERVICES ARE RELATED TO THE SERVICE OR TO THE CUSTOMER’S ABILITY TO RECEIVE OR EXPLOIT THE SERVICE, AND EVEN IF BEEPXTRA ACTS AS THE THIRD PARTY PROVIDER’S AGENT. BEEPXTRA WILL HAVE NO RESPONSIBILITY OR LIABILITY FOR MAINTENANCE, UPDATES, OR UPGRADES OF THIRD PARTY PRODUCTS AND SERVICES OR FOR INTELLECTUAL PROPERTY INFRINGEMENT BY THIRD PARTY PRODUCTS AND SERVICES, AND BEEPXTRA PROVIDES NO WARRANTY OR INDEMNITY RELATED TO THIRD PARTY PRODUCTS AND SERVICES.
  6. So long as Customer remains in compliance with the terms of this Agreement, Beepxtra grants the Customer a licence to reproduce and use, during the term of this Agreement, such application programme interface (“API”) methods as Beepxtra may provide through the Service. Customer will not reproduce or use the API methods for any purpose other than to receive the Service, and will observe all of Beepxtra’s written instructions for use of the API methods. Customer may not sublicence the rights granted in this subsection. Beepxtra retains all title and interest in and to the API methods.

2. Payment Plans & Terms

  1. Beepxtra’s payment system is denominated in US$.
  2. Customers requesting to obtain their own set of Beepxtra cards will be required to purchase a minimum of 200 cards and will be charged for packaging and postage.
  3. Customers requesting branded cards will be required to purchase a minimum of 5,000 cards and will be charged for packaging and postage. Design of card is free of charge.

Stores, companies or organisations are responsible to pay any sales and/or purchase tax at point of sale. Beepxtra is not responsible for payment of any tax.

3. Terms and Termination

  1. This Agreement will continue until terminated by either party pursuant to the procedures set forth in this Section 3.
  2. Customer may terminate this Agreement for material breach, effective on 30 days’ written notice specifying the nature of the breach, provided this Agreement will not terminate if Beepxtra cures the breach before the effective date of termination. Customer may also terminate this Agreement for convenience. Customer will provide notice of any termination through the online cancellation form in the Customer Portal.
  3. Beepxtra may terminate the Service, any portion thereof, or this Agreement for material breach, including without limitation any breach of the provisions of the Acceptable Use Policy, without advanced notice. Beepxtra is not required to refund any fees paid or prepaid after such termination. Beepxtra may also terminate this Agreement for convenience at any time with 30 days’ advanced written notice.

4. Acceptable Use

  1. Customer represents that it has read the Acceptable Use Policy (AUP), and Customer will adhere to its requirements.
    1. Without limiting the generality of the foregoing, Customer will not allow the Service or Beepxtra equipment to be used for activities prohibited by the AUP. Third party violations of the AUP using Customer’s Service will be considered violations by Customer.
    2. Beepxtra may suspend Service in whole or in part in the event that Beepxtra reasonably suspects an AUP violation. Beepxtra will make reasonable efforts to notify Customer before any such suspension, unless the AUP violation calls for immediate action. Beepxtra is not liable for any Service suspension authorised by this subsection.
    3. Beepxtra has no obligation to monitor the Service for AUP violations or for other illegal or improper conduct but may do so and may disclose information regarding use of the Service for any reason, including to satisfy laws, regulations, or governmental, legal, or law-enforcement requests.
    4. Use of unofficial material not provided by Beepxtra must first be submitted to Beepxtra and written consent must be obtained with a Beepxtra Compliance Watermark.
    5. Before inviting any shop, company or organisation, an initial verbal communication must first be established.
    6. Beepxtra does not condone the use of spamming.

5. Service Levels & Remedies

  1. Beepxtra will not be liable for Service interruptions or any other Service failures. In the event of hardware failure, Beepxtra will make reasonable efforts to recover lost data, but data-recovery is not guaranteed.
  2. All Service features are provided pursuant to the provisions of Section 8 below and the other terms and conditions of this Agreement.

6. Maintenance & Security

  1. Beepxtra may interrupt Service to perform maintenance on Beepxtra equipment or to address and/or mitigate the effects of security breaches, virus attacks, denial of service attacks, and other intentional interferences by third parties. Beepxtra will exercise reasonable efforts to inform the Customer before interrupting Service and to repair the Service promptly.
  2. The Customer will promptly report any Service failure to Beepxtra via the online ticketing system in the Customer Portal. Beepxtra is not responsible for providing physical access to or copies of software, data, or content stored on Beepxtra’s equipment under any circumstances and is not required to provide access: (i) after any termination or suspension of the Customer’s Service; or (ii) in the event of hardware failure, abuse by hackers or other third parties, improper administration by the Customer, or other interruption of network access.

7. Private and Confidential Information

  1. Beepxtra will adhere to the provisions of the Privacy Policy. Beepxtra is not responsible for use or misuse of data by any third party, including without limitation providers of Third Party Products and Services. Beepxtra may notify Customer of leaks or exposure of private data, but except to the extent required by law, Beepxtra is not required to provide such notification.
  2. The Customer will not use Confidential Information for any purpose other than to facilitate the Service. Except as specifically authorised in writing in advance by Beepxtra, the Customer will not disclose Confidential Information to any third party. The Customer will promptly notify Beepxtra in writing of any misuse or misappropriation of Confidential Information that comes to the Customer’s attention. Upon termination of this Agreement or upon Beepxtra’s written request, the Customer will return all Confidential Information to Beepxtra and certify, in writing, the destruction of any copies thereof.
    1. “Confidential Information” refers to any information Beepxtra provides to the Customer in any form and marks “Confidential,” and any information Beepxtra discloses orally and identifies as “Confidential” on or before disclosure. However, Confidential Information does not include information that: (A) is in the Customer’s possession at the time of original disclosure by Beepxtra; or (B) becomes known publicly other than as a result of the Customer’s improper action or inaction.
    2. The Customer agrees that breach of the provisions of this subsection might cause Beepxtra irreparable injury for which monetary relief would not provide adequate compensation, and that in addition to any other remedies available, Beepxtra will be entitled to injunctive relief against such breach or threatened breach.

8. Warranties, Disclaimers, & Limitations of Liability

  1. BEEPXTRA MAKES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. Beepxtra does not warrant that the Service will be uninterrupted or error-free. The Service is provided with no warranties regarding protection from attacks, data integrity, or data availability. No communication between the Customer and Beepxtra will create a warranty or in any way alter or restrict any disclaimer of warranty or limitation of liability set forth in this Section 8 or elsewhere in this Agreement.
  2. BEEPXTRA WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR MULTIPLE DAMAGES, EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
  3. Except to the extent specifically provided in Section 5 above, and except to the extent that applicable law specifically forbids such limitation of liability, BEEPXTRA WILL HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS, OR PROCEEDINGS RESULTING FROM ANY OF THE FOLLOWING:
    1. SECURITY BREACHES, INCLUDING WITHOUT LIMITATION EAVESDROPPING, THIRD PARTY ACCESS TO CUSTOMER DATA OR TO ASSIGNED TERMINALS, THIRD PARTY ACCESS TO OR MISUSE OF PASSWORDS PROVIDED TO BEEPXTRA;
    2. RELEASE OR EXPOSURE, FOR ANY OTHER REASON, OF PERSONALLY IDENTIFIABLE INFORMATION OR OTHER PRIVATE DATA, INCLUDING DATA BELONGING TO THE CUSTOMER’S OWN CUSTOMERS AND OTHER USERS;
    3. DENIAL OF SERVICE ATTACKS, VIRUSES, WORMS, AND OTHER INTENTIONAL INTERFERENCE BY THIRD PARTIES;
    4. LOSS OF DATA OR LOSS OF ACCESS TO DATA;
    5. ACTIONS OF THIRD PARTIES, INCLUDING WITHOUT LIMITATION OTHER BEEPXTRA CUSTOMERS AND THIRD PARTY PRODUCTS AND SERVICES PROVIDERS;
    6. ACTIONS OF BEEPXTRA EMPLOYEES, AGENTS, OR CONTRACTORS ACTING OUTSIDE THE SCOPE OF THEIR DUTIES;
    7. MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF DATA, ERRORS, DEFECTS, DELAYS IN OPERATION, OR OTHER FAILURES OF PERFORMANCE OF THE SERVICE; AND
    8. THE ACCURACY, COMPLETENESS, AND USEFULNESS OF THE SERVICE.
  4. THE LIABILITIES LIMITED BY THIS SECTION 8 APPLY: (i) TO LIABILITY FOR NEGLIGENCE; (ii) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT PRODUCT LIABILITY, OR OTHERWISE; (iii) EVEN IF BEEPXTRA IS ADVISED IN ADVANCE OF THE POSSIBILITY OF THE DAMAGES IN QUESTION AND EVEN IF SUCH DAMAGES WERE FORESEEABLE; AND (iv) EVEN IF THE CUSTOMER’S REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE. The Customer acknowledges and agrees that Beepxtra has set its prices and entered into this Agreement in reliance upon such limitations of liability, and that such limitations of liability form an essential basis of the bargain between Beepxtra and the Customer.

9. Indemnity

The Customer will defend, indemnify, and hold harmless Beepxtra (including its officers, employees, agents, contractors, representatives, suppliers, subsidiaries, parents, and affiliated companies) from a claim by any of the Customer’s customers or users, or any other third party, arising out of or related to the Customer’s use of, misuse of, or failure to use the Service, including without limitation:

  1. Alleged Customer conduct that would breach this Agreement, including alleged infringement of intellectual property or privacy rights and other AUP violations;
  2. Security breaches or other alleged faults in the Service, faults leading to the release or exposure of personally identifiable information or other private data; and
  3. Any action taken by Beepxtra as part of an investigation into a suspected violation of this Agreement or as a result of its conclusion that a violation has occurred. Such Customer obligation includes payment of losses, expenses, damages, judgments, settlements, and costs, including without limitation attorneys’ fees.

10. BPC (BeepCoin) & Blockchain Services

Certain features of the Service involve BPC (BeepCoin), the native utility token of the Steroid 4.0 blockchain, including but not limited to cashback rewards, MasterNodeShare participation, and cloud mining. By using these features, the Customer acknowledges and agrees to the following:

  1. Market Risk: The value of BPC is determined by open market supply and demand and is not fixed or guaranteed by Beepxtra. The Customer accepts that the value of BPC may increase or decrease at any time, and Beepxtra accepts no liability for any loss arising from fluctuations in BPC value.
  2. No Investment Advice: Nothing in this Agreement or on the BeepXtra platform constitutes financial, investment, or tax advice. The Customer is solely responsible for any decisions made in relation to acquiring, holding, or using BPC.
  3. Blockchain Irreversibility: Transactions recorded on the Steroid 4.0 blockchain are irreversible. Beepxtra cannot reverse, cancel, or modify a transaction once it has been confirmed on the network. The Customer is responsible for verifying all transaction details before submission.
  4. Reward Estimates: Any earnings estimates shown on the platform (including MasterNodeShare projections) are indicative only, based on current network performance, and do not constitute a guarantee of future returns.
  5. Regulatory Compliance: The Customer is solely responsible for determining the legal and tax treatment of BPC in their jurisdiction and for complying with all applicable laws and regulations relating to cryptocurrency.
  6. Third-Party Exchanges: Beepxtra does not operate or control any exchange on which BPC may be traded. Transactions on third-party exchanges are subject to the terms of those platforms and are entirely at the Customer’s own risk.

11. Miscellaneous

  1. Title and intellectual property rights to the Service and all components thereof are owned by Beepxtra and its licensors and suppliers. All hardware and addresses provided by Beepxtra are licensed to the Customer temporarily and remain Beepxtra’s sole and exclusive property. This Agreement does not grant the Customer a licence to any software used to provide the Service. The logos, service marks, and trademarks displayed on Beepxtra’s website and through the Service, whether or not registered, belong to Beepxtra and its licensors and suppliers. Beepxtra may include the Customer’s name in any list of customers used for marketing or other purposes.
  2. The Customer is responsible for maintaining the confidentiality of its usernames and passwords, and the Customer will not transfer or sell to any third party such usernames or passwords, or Customer’s access to the Service.
  3. Beepxtra is not obligated to sell the Customer any Service feature not listed in the Customer’s Signup, or to provide more Service than required by such Signup.
  4. During the term of this Agreement and for 180 days thereafter, the Customer will not encourage or solicit any Beepxtra employee or independent contractor to leave Beepxtra’s employ, or otherwise interfere with Beepxtra’s employment relationships.
  5. All written communications to the Customer will be deemed delivered if sent to the contact points provided to Beepxtra at the time of order. All written communications to Beepxtra should be made through the Customer Portal, unless Beepxtra notifies the Customer in writing of alternate contact information.
  6. Beepxtra may revise this Agreement from time to time by posting an amended version at the Beepxtra website and sending the Customer written notice thereof.
  7. BeepXtra operates as a decentralised, cyberspace-based service with no single territorial jurisdiction. This Agreement shall be interpreted and applied in accordance with principles of international commercial law. Any dispute arising under this Agreement that cannot be resolved amicably shall be referred to binding arbitration conducted in English under internationally recognised arbitration rules, with the seat of arbitration agreed between the parties at the time of the dispute.
  8. To resolve any complaint regarding the Service or receive further information, the Customer should contact Beepxtra via the Contact Us page.
  9. The Customer will not use the Service in any way that violates applicable laws or regulations.
  10. No delay, failure, or waiver of either party’s exercise or partial exercise of any right or remedy under this Agreement will operate to limit, impair, preclude, cancel, waive, or otherwise affect such right or remedy. To the extent caused by force majeure, no delay, failure, or default will constitute a breach of this Agreement.
  11. In the event of any conflict between these Terms of Service and any other element of this Agreement, these Terms of Service will govern.
  12. The Customer may not assign this Agreement or any of its rights or obligations hereunder without Beepxtra’s express written consent.
  13. If any provision of this Agreement is held invalid, illegal, or unenforceable, such provision will be construed so as to come as close as possible to its intended meaning, and the validity, legality, or enforceability of the remaining provisions will in no way be impaired.
  14. This Agreement, including those documents incorporated by reference, embodies the final, full, and exclusive statement of the agreement between the parties, and supersedes all prior agreements, negotiations, representations, and proposals, written or oral, relating to its subject-matter.
  15. In the case of loss of card, it is the responsibility of the Customer to inform Beepxtra via the website or at a Beepxtra store.
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