© AdBeacon 2025
31280 Oak Crest Drive, Westlake Village, CA 91361, USA
PLEASE READ THIS AGREEMENT CAREFULLY; THIS IS A BINDING CONTRACT.
Welcome to AdBeacon. This Agreement provides terms and conditions for your use of the AdBeacon platform. By clicking the Start Free Trial, Sign Up, or Start Today button displayed online as part of the ordering process or signing an Order Confirmation that references this Agreement, you agree to the following terms and conditions (the “Agreement”) governing your use of AdBeacon Inc.’s (“AdBeacon,” “our,” “Platform,” “AdBeacon Software,” “Software,” or “we”) online service, including but not limited to the use of software components on a hosted basis and associated support options (collectively, the “Service”). This Terms of Use (this “ToU”) furthermore describes the terms and conditions applicable to your access and use of the Site, the Software, and any data reporting made available through the Site and Software.
You warrant and represent that you are at least eighteen years of age or older or you will immediately stop use of this Site. You acknowledge that you have read, understood, and unconditionally agreed to be bound by the terms of this Agreement and that these terms will apply each time you access our Service. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have authority to bind such entity to these terms and conditions.
AdBeacon may amend this ToU at any time by posting the amended Terms of Use on the Site, and you agree that you will be bound by any changes to this ToU. For your convenience, the date of the last revision is included at the top of this page. AdBeacon may make changes to the Site and/or the Software at any time. You understand that AdBeacon may discontinue or restrict your use of the Site and/or Software for any reason or no reason with or without notice.
YOUR USE OF THE SITE AND/OR OUR SAAS PLATFORM (REFERRED TO AS THE SOFTWARE), OR BY CLICKING “I ACCEPT” IF PRESENTED WITH THIS TOU IN A CLICK-THROUGH FORMAT, SIGNIFIES THAT YOU AGREE TO THIS TOU AND CONSTITUTES YOUR BINDING ACCEPTANCE OF THIS TOU, INCLUDING ANY MODIFICATIONS THAT ADBEACON MAKES FROM TIME TO TIME.
By clicking “I ACCEPT” or using the Site or the Software, you represent that you have read and consent to our Privacy Policy in addition to this ToU. AdBeacon may revise the Privacy Policy at any time, and the new versions will be available on the Site. If at any point you do not agree to any portion of the Privacy Policy, you must immediately stop using the Site and/or Software.
By clicking “I ACCEPT” and engaging AdBeacon to provide the Software, you represent that you have read and consent to the Terms of Software in addition to this ToU. AdBeacon may revise the Terms of Software at any time, and the new versions will be available on the Site and/or Software. If at any point you do not agree to any portion of the Terms of Software, you must immediately notify AdBeacon that you would like AdBeacon to stop providing you with the Software. This Agreement should not be construed as a sales agreement. Instead, it provides you with limited licensing rights to use the Service in connection with your own use of our Platform, software, and data. We provide you with increased functionality for certain tools when used together under this Agreement. By using the AdBeacon Platform and our software, you agree to allow access to and use of your computer hardware, software, and other equipment (“Equipment”) in accordance with this Agreement.
All of the content and information submitted to the Platform (including any copies thereof) is owned by you, or otherwise specific to your company or agency. By submitting Customer data to the Platform service (including any copies thereof), you grant AdBeacon a worldwide, royalty-free, non-exclusive right during the License Term to use, reproduce, create derivative works of, distribute, perform, transmit, and publish your Customer Data for the sole purposes of (i) processing your Customer Data in connection with providing the Service to you and/or your Users, and (ii) storing or hosting such Customer Data in a secure remote database or on our Site for access by your Users.
All Customer Data is stored securely and can only be accessed by you and persons that you have given explicit authorization to access your account, and is not shared with any other customer or third party. AdBeacon reserves the right to use your Customer Data to compile, analyze, and disclose to third parties aggregated metrics, data, and trends related to the use of its offerings as long as such metrics, data, and trends do not contain any uniquely identifiable information. You are responsible for the accuracy, quality, integrity, and legality of all your data. You shall obtain your data from legitimate sources, ensure that it is not misleading or inaccurate in any way, and does not infringe upon the rights of any third party.
Nothing contained in this Agreement will limit AdBeacon’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Service, which may include disclosing your Customer Data to the applicable authorities. We will make reasonable attempts to provide you notice in advance of our disclosure.
Each party agrees to treat as confidential all information obtained from the other party in connection with this Agreement, and not to use such information for any purpose outside the scope of this Agreement or disclose such information to any third party without the prior written consent of the disclosing party, except as may be necessary to perform its obligations under this Agreement or as required by law, provided that the recipient takes all reasonable steps to ensure that such information is treated confidentially.
Before you can use the Software, you must agree to this ToU, the Terms of Use, and the Privacy Policy, which you will be deemed to have done by utilizing the Software. These requirements may change as the Software evolves. You are responsible for any Internet connection fees or telecommunication fees that you incur when accessing the Software.
AdBeacon will revise this ToU as the Site and/or Software evolves. The next time you use the Software after such an update, you may be prompted to agree to or decline the revised ToU. You must agree to all revisions if you choose to continue using the Site and/or Software. By using the Site and/or Software, you agree to the then-current version of this ToU as posted on the Site. If at any point you do not agree to any portion of the then-current version of this ToU, you must immediately stop using the Site and/or Software.
AdBeacon reserves the right to deny Software to any person at AdBeacon’s sole and absolute discretion. The Software is offered with the understanding that AdBeacon may terminate any Account (defined below) registered to you and/or AdBeacon’s provision of the Software at any time, for any reason or no reason, including without limitation for any violation of this ToU.
You represent that you are an adult and have the legal capacity to enter a contract in the jurisdiction where you reside.
To access the Software, you must have an account (“Account”). You can create an Account by completing the registration process on the Site, through AdBeacon directly, or as otherwise specified herein.
We will provide certain data regarding the Software you receive from time to time (“Software Data”) through your Account. You agree to use the Software Data only in association with assessing the Software and the performance of your website and/or your client’s website, and for no other purpose.
Maintaining Account security is very important. You are entirely responsible for maintaining the confidentiality of your Account password. You agree to notify AdBeacon immediately if you believe that an account password may have been compromised.
You may not share or transfer any Account. You may not disclose your password to anyone else.
You have the right to cancel any monthly Account registered to you at the end of any month; yearly agreements may be canceled at the end of your 12-month period. You may cancel any Account registered to you by following the instructions on the Site or by contacting AdBeacon directly.
If you voluntarily terminate an Account or allow that Account to lapse by ceasing the Software, you may reactivate that Account by subscribing to additional Software at any time. Accounts terminated by AdBeacon for any type of abuse, including without limitation a violation of this ToU, may not be reactivated for any reason. If your Account is canceled, your access to the Software will automatically be terminated as well.
AdBeacon permits you to view and use a single copy of the Site and/or the Software solely for the purpose of reviewing the information provided to you as part of the Software services. You agree not to license, create derivative works from, transfer, sell, or re-sell any information, content, or Software obtained from the Site and/or the Software, including the Software Data. AdBeacon reserves the right to add or remove information, content, or Software from the Site at any time at its sole discretion.
You agree that you will not, in connection with your use of the Site or the Software, violate any applicable law or regulation. Without limiting the foregoing, you agree that you will not make available through the Site and/or Software any material or information that infringes any copyright, trademark, patent, trade secret, or other rights of any party (including rights of privacy or publicity).
You may not connect to or use the Site and/or Software in any way not expressly permitted by this ToU. Without limiting the foregoing, you agree that you will not:
You agree that you will not:
You may not resell, rent, sublicense, or otherwise transfer the Software, or any part thereof, to any third party. You agree not to reverse engineer, decompile, or otherwise discover the source code of the Software, except to the extent expressly permitted by applicable law.
AdBeacon’s platform may integrate or interoperate with third-party services (e.g., marketing platforms, e-commerce software, payment processors). Your use of those third-party services is subject to the terms and conditions imposed by the relevant third-party providers, and AdBeacon is not responsible for their availability, security, or performance.
You acknowledge that any links or integrations to third-party websites or services provided by AdBeacon do not imply any endorsement by AdBeacon. AdBeacon disclaims all liability for the actions, services, or content of such third parties.
The Site may contain links to websites operated by other parties. AdBeacon provides these links to other websites as a convenience, and the use of these sites is at your own risk. The linked sites are not under the control of AdBeacon, and AdBeacon is not responsible for the content available on the other sites. Such links do not imply AdBeacon’s endorsement of information or material on any other site, and AdBeacon disclaims all liability with regard to your access to and use of such linked websites.
Unless otherwise set forth in a written agreement between you and AdBeacon, you must adhere to AdBeacon’s linking policy as follows:
AdBeacon and the AdBeacon logo are trademarks/service marks of AdBeacon. Unauthorized use of any AdBeacon trademark, service mark, or logo may be a violation of federal and state trademark laws.
The Site, the Software, and the content made available through the Site and the Software, including the Software Data, are protected by U.S. and international copyright laws. Except for your use of the content in connection with the Software to which we have the appropriate licensing rights or as authorized in this ToU, you may not use, modify, reproduce, or distribute any of the content—or the design or layout of the Site, Software, or Software Data—without AdBeacon’s express prior written permission.
AdBeacon, or its licensors, owns all right, title, and interest, including all related Intellectual Property Rights, in and to the Service, the AdBeacon Platform, and the AdBeacon Technology. This Agreement is not a sale, and you do not acquire any ownership rights in the Service, the AdBeacon Technology, or our patents, trademarks, trade secrets, or other intellectual property rights.
Except for the limited subscription rights granted herein, you acknowledge and agree that the Services may include certain proprietary trademarks, copyrightable materials, data, software, and other intellectual property (collectively, “Intellectual Property”).
You agree to use AdBeacon’s Trademarks only for the purpose for which they are provided and not to cause confusion, mistake, or deception.
During the term of this Agreement, you may submit suggestions and ideas to AdBeacon that relate to AdBeacon’s products or services. By doing so, you agree that such ideas will be owned exclusively by AdBeacon, which may use them for any purpose without compensation to you.
Monthly contracts can be canceled at the end of each month; annual contracts are cancellable at the end of the 12-month period. All customers are subject to acceptance by AdBeacon at its discretion. All customer information provided by or on behalf of the customer must be current, complete, and accurate, and the customer is responsible for keeping such information updated.
AdBeacon charges and collects in advance for the use of the Platform Service. The renewal charge will be equal to the Subscription in effect during the prior term unless AdBeacon has given you at least sixty (60) days prior written notice of a fee increase. Our Services are billed on a subscription basis (“Subscription”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”), either monthly or annually, depending on your plan.
AdBeacon reserves the right to change its fees or billing methods at any time by providing notice to you. All fees applicable to the Services are due and payable, unless otherwise agreed to in writing.
You must notify AdBeacon of any fee dispute within fifteen (15) days of the invoice date and agree to work in good faith to promptly resolve any dispute and pay fees within thirty (30) days following resolution of the dispute.
AdBeacon may, without prior notice, immediately suspend or terminate the Services or any portion thereof if you are in default of payment. AdBeacon also reserves the right to impose a charge to restore data from delinquent accounts that have been suspended or terminated.
You agree to be responsible for all applicable taxes imposed by any government entity or collecting agency based on the Services.
All refunds must be requested in writing within thirty (30) days of the first original charge. After three (3) days from the date of any subsequent charges, those charges are ineligible for refund. Any chargeback will result in an automatic disqualification from any refund; chargebacks will be reversed and declined.
If you are on a free trial, certain warranty and payment obligations in this Agreement may not apply for the duration of that trial. AdBeacon may terminate a free trial at any time, for any reason.
Any revenue forecasts, return on investment calculations, or analytics-based projections provided by AdBeacon or its materials are for illustrative purposes only and are not guaranteed. You acknowledge that actual outcomes may vary significantly from any projections.
You must maintain the confidentiality of your account, user IDs, and passwords used in conjunction with the Services. AdBeacon will not be held liable for any losses incurred by you as a result of a third party using your password or account, and you may be held liable for such losses incurred by us or another party.
You agree not to:
You represent and warrant that your use of the Site, the Software, and any data collected or processed through it will comply with all applicable laws and regulations, including any required consents or notifications to end users where relevant (e.g., GDPR, CCPA).
AdBeacon’s software and services are for professional business use only. Any content you provide must not violate the intellectual property rights of third parties or involve illegal or unauthorized uses.
You agree not to use bots, click-farms, or any other automated methods to boost or otherwise affect user activity on the Site or Software.
You agree not to modify, distribute, reverse engineer, or disassemble any code relating to the Services, Software, and/or AdBeacon’s technology, except to the limited extent permitted by applicable law.
From time to time, AdBeacon may offer access to certain Beta features or services (“Beta Features”). These Beta Features are provided “as is,” without warranty of any kind, and may be discontinued at any time without notice. Your use of Beta Features is entirely at your own risk, and AdBeacon shall have no liability arising out of or related to your use of any Beta Features.
The Site and the Software are operated by AdBeacon in the United States. Those who choose to access the Site or the Software from locations outside the United States do so on their own initiative and are responsible for compliance with applicable local laws.
The Site and the Software are not directed toward children under thirteen (13) years of age, nor does AdBeacon knowingly collect information from children under 13 or allow them to create an Account or access Account features. If you are under 13, please do not submit any personally identifiable information to AdBeacon.
THE SITE, SOFTWARE, AND SOFTWARE DATA ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. ADBEACON MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE SITE AND/OR SOFTWARE OR THE PERFORMANCE OF THE SITE AND/OR SOFTWARE. USE OF THE SITE, SOFTWARE, AND/OR SOFTWARE DATA IS AT YOUR SOLE RISK.
ADBEACON DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE AND/OR SOFTWARE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SITE OR THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE OR SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ADBEACON WARRANTS TO YOU THAT IT WILL NOT INTRODUCE TO YOUR SYSTEMS ANY VIRUS, MALWARE, OR TROJAN HORSE AND THAT ALL GOODS OR SERVICES PROVIDED WILL BE FREE FROM DEFECTS IN MATERIAL AND WORKMANSHIP, OF COMMERCIALLY ACCEPTABLE QUALITY, FIT FOR THE INTENDED PURPOSES, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS AND REGULATIONS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ADBEACON, ITS AFFILIATES, LICENSORS, AND BUSINESS PARTNERS (COLLECTIVELY, THE “RELATED PARTIES”) DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND FURTHER DISCLAIM ALL LOSSES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITE, THE SOFTWARE, AND/OR SOFTWARE DATA, EVEN IF ADBEACON AND/OR RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF ADBEACON OR ANY OF THE RELATED PARTIES EXCEED THE TOTAL AMOUNT YOU ACTUALLY PAID TO ADBEACON FOR THE RELEVANT MEMBERSHIP OR SUBSCRIPTION FEES DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
YOU FURTHER AGREE NOT TO SEEK OR OBTAIN ANY JUDGMENT OR AWARD AGAINST ADBEACON OR ANY RELATED PARTIES FOR MORE THAN THE AMOUNT YOU ACTUALLY PAID TO ADBEACON IN MEMBERSHIP/SUBSCRIPTION FEES FOR THE SERVICE AT ISSUE.
You acknowledge and agree that AdBeacon shall not be responsible for, and you expressly waive any claim to recover, any attorneys’ fees, court costs, filing fees, or other legal expenses that you or a third party may incur in connection with any dispute or legal action brought against AdBeacon. By using the Site or Software, you further agree that you will bear your own legal fees and costs in the event of any dispute or legal action, and that such fees or costs shall not be included in any claim for damages against AdBeacon or the Related Parties.
Neither party will have any liability to the other party for that party’s failure to perform or delay in performing its obligations under this Agreement due to events beyond a party’s reasonable control, including but not limited to acts of God, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, fuel, energy, labor, or materials.
You agree to indemnify, defend, and hold harmless AdBeacon and its Related Parties from and against any and all claims, demands, damages, or other losses, including reasonable attorneys’ fees, arising out of or resulting from your use of the Site and/or the Software, or any breach by you of this ToU or any other policies that AdBeacon may issue for the Site and/or Software from time to time.
AdBeacon agrees to indemnify, defend, and hold you harmless from and against any and all claims, demands, damages, or other losses, including reasonable attorneys’ fees, resulting from or arising out of AdBeacon’s breach of this ToU or AdBeacon’s negligence or willful misconduct in the performance of its obligations under this ToU.
AdBeacon shall indemnify, defend, and hold you harmless from and against any third-party claim that the Software infringes any U.S. copyright, patent, trademark, or trade secret, provided you notify AdBeacon promptly in writing of the claim, grant AdBeacon sole control over its defense or settlement, and reasonably cooperate in its defense. In the event the Software is found, or in AdBeacon’s reasonable opinion is likely to be found, to infringe a third party’s intellectual property rights, AdBeacon may (a) modify the Software so that it is non-infringing, (b) replace it with functionally equivalent software, or (c) terminate your license and refund to you the pro-rata portion of any prepaid fees for the remainder of your subscription term.
This ToU is governed by, and will be construed under, the laws of the United States of America and the State of California, without regard to conflict of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Except as provided below (and claims proceeding in any small claims court), all disputes arising out of or related to your use of the Site and/or the Software shall be subject to the exclusive jurisdiction of the state and federal courts located within Los Angeles County, California, and you agree to submit to the personal jurisdiction and venue of such courts.
You and AdBeacon agree that, except as provided in Section 22.4 below, all disputes, controversies, and claims related to this ToU (each a “Claim”) shall be finally and exclusively resolved by binding arbitration conducted under the Streamlined Arbitration Rules and Procedures of JAMS in effect at the time the arbitration is initiated.
BY AGREEING TO THIS ARBITRATION PROVISION, YOU AND ADBEACON UNDERSTAND THAT YOU WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
The arbitration will take place in your hometown area if you so notify AdBeacon within ten (10) days of receiving AdBeacon’s notice of arbitration. Otherwise, the arbitration will be conducted in Los Angeles, California.
You and AdBeacon agree that any arbitration shall be limited to the Claim between AdBeacon and you individually. YOU AND ADBEACON AGREE THAT THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
The following Claims are not subject to the above provisions concerning negotiations and binding arbitration:
Any additional work above that set out in the Agreement requires mutual written consent from both parties.
This ToU may only be revised in a writing mutually agreed upon and signed by both AdBeacon and you, or published by AdBeacon on the Site with your consent.
No joint venture, partnership, employment, or agency relationship exists between you and AdBeacon as a result of this ToU or your use of the Software.
AdBeacon may assign this ToU, in whole or in part, at any time with your consent (which shall not be unreasonably withheld). You may not assign the ToU without AdBeacon’s prior written consent, and any unauthorized assignment by you shall be null and void.
If any part of this ToU is determined to be invalid or unenforceable, then that portion shall be severed and the remainder shall be given full force and effect.
In the event any litigation or arbitration is brought by either party in connection with this ToU, the prevailing party shall be entitled to recover from the other party all the reasonable costs, attorneys’ fees, and other expenses incurred.
Our failure to enforce any provision of this ToU shall not be construed to be a present or future waiver of such provision. The express waiver by us of any provision or requirement of this ToU shall not constitute a waiver of any future obligation to comply with such provision or requirement.
All notices given by you or required under this ToU shall be in writing and addressed to:
AdBeacon, Inc.
31280 Oak Crest Drive,
Westlake Village, CA 91361
ATTN: CEO
You agree that AdBeacon would be irreparably damaged if the terms of this ToU were not specifically enforced. Therefore, in addition to monetary damages, we shall be entitled to equitable remedies, including injunctive relief, without the necessity of posting a bond or other security.
This ToU, including the documents expressly incorporated by reference, constitutes the entire agreement between you and us with respect to the Site and/or Software and supersedes all prior or contemporaneous communications.
AdBeacon is committed to protecting user privacy and ensuring compliance with applicable data protection regulations. This section outlines how AdBeacon manages user consent for data collection and processing.
AdBeacon collects and processes personal data, including but not limited to account information, user interactions, and performance metrics, as specified in the Privacy Policy. Non-essential data collection, including cookies and tracking for marketing purposes, will be subject to explicit user consent.
You may withdraw consent at any time by updating your preferences or contacting AdBeacon support. Withdrawal of consent may limit functionality or access to certain features.
Customers using AdBeacon tools are responsible for obtaining and managing consent from their own end customers. AdBeacon provides tools and resources but assumes no liability for a customer’s non-compliance with applicable regulations.
AdBeacon does not sell personal data. Data shared with third parties for analytics purposes will be anonymized and aggregated to protect individual privacy.
AdBeacon complies with relevant privacy and data protection laws, including GDPR and CCPA.
Any changes to this Consent Management section will be communicated promptly. Renewed consent will be obtained where required by law.
AdBeacon provides granular consent options, allowing you to control specific categories of data collected or processed.
AdBeacon maintains records of all consents, including timestamps, and stores them securely for audit or regulatory purposes.
Data is retained only as long as necessary for the purposes outlined. After consent is withdrawn or you cease using the Platform, AdBeacon will delete or anonymize personal data unless required to retain it for legal obligations.
Last Updated: [3/11/2025]
By continuing to use the Site or the Software, you acknowledge that you have read, understood, and agreed to be bound by this Terms of Service (ToU).
© AdBeacon 2025