Beam Me In Platform Subscription Agreement 

Last Updated: March 2025

These PSA terms shall apply to all written Orders executed on or after the last updated date above and to any existing online, click-to-accept Orders that automatically renew after this date.

BY CREATING AN ACCOUNT, ACCESSING, OR CONTINUING TO USE THE SERVICES PURSUANT TO AN EXISTING AGREEMENT, OR CLICKING THAT YOU AGREE WHEN PROMPTED BY BEAM ME IN, YOU AGREE TO BE BOUND BY THE FOLLOWING PLATFORM SUBSCRIPTION AGREEMENT, AND ANY APPLICABLE SCHEDULES THAT FORM A PART HEREOF (“PSA”). IF YOU ARE ENTERING INTO THIS PSA ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THIS PSA, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY.

This PSA is entered into between Customer (“Customer”) and Beam Me In, Inc. (“Beam Me In”), with its registered address located at 1521 CONCORD PIKE SUITE 201, WILMINGTON, DE 19803, as of the date of Customer’s first use of the Services, the Order Effective Date as set out in an Order, or the date Customer’s Platform Subscription is activated by Beam Me In (“Effective Date”).

For any questions regarding this agreement, please contact [email protected].

This PSA supplements and incorporates Beam Me In’s online Terms of Service (“Terms of Service”) which govern Customer’s use of our Services and the Beam Me In Platform, defined below. Undefined capitalized terms used herein shall have the meaning set forth in the Terms of Service. The PSA and the Terms of Service together constitute a binding agreement between Customer and Beam Me In.

1. Definitions and Interpretation

Capitalized definitions used herein are defined in the Appendix. Any capitalized terms used but not defined in this PSA shall have the meanings set forth in the Terms of Service or any other applicable terms or Documentation applicable to the services.

2. Provision of Services

2.1. Commencement of Platform Services

Customer’s Platform Subscription shall commence on the later of (i) the date Beam Me In first provides Customer the ability to access the Platform, (ii) the effective date specified in an Order, or (iii) the date of any upgrades pursuant to an Order (such date being the “Platform Subscription Commencement Date”).

2.2 License to Platform Subscription Services

Subject to the payment of all Platform Subscription Fees that are due and payable as of the Platform Subscription Commencement Date, and Beam Me In’s rights to suspend and terminate services as set out in the Terms of Service and in Paragraph 11 below, Beam Me In hereby grants to Customer a non-exclusive, revocable, worldwide, non-transferable (except as expressly permitted in the Terms of Service), non-sublicensable, limited right to use and access the Platform Subscription Services during the Subscription Period, solely for Customer’s internal business operations and in each case in accordance with the relevant Documentation.

2.3 NOTICE OF AUTOMATIC RENEWAL

Customer’s Platform Subscription shall remain in place for the Initial Subscription Period, following the expiry of which it shall automatically renew for successive periods of equivalent length to the Initial Subscription Period (each such period being a “Renewal Period”), unless terminated earlier in accordance with its terms. Such renewal will occur automatically on the applicable anniversary of the Platform Subscription Commencement Date. Either Party may terminate the Platform Subscription for convenience by providing the other with written notice of not less than thirty (30) days prior to the expiration of the Initial Subscription Period or the then-current Renewal Period so that the Subscription Period will end on the last day of the current subscribed period.

2.4 Platform Subscription Plans

Customer may have the ability to select from several Platform Subscription Plans. Beam Me In reserves the right to modify the features of any Subscription Plan at any time, subject to any Subscription Plan features agreed in an Order for the Subscription Period of such Order.

2.5 Affiliates

Customer’s Affiliates shall be entitled to place Orders with Beam Me In pursuant to the terms of this PSA, subject to:

• The compliance by each such Affiliate with the terms of this PSA;
• Customer remaining liable for the acts and omissions of any such Affiliate;
• Execution of a new Order, which shall constitute a valid and binding Order under this PSA.

3. Fees and Payments

3.1. Fee Increases

Beam Me In reserves the right to increase or otherwise modify any applicable Platform Fees at any time by posting details of the revised Platform Fees on the Beam Me In Website. The revised amount of such Platform Fees shall not apply to Customer until the commencement of the next Renewal Period.

3.2. Payment Terms

Beam Me In shall invoice Customer in respect of:

• Platform Subscription Fees, upon the Subscription Commencement Date and at the commencement of each Renewal Period;
• Any Additional Fees payable pursuant to an Order, in accordance with the terms set out therein or as otherwise detailed on the Beam Me In Website.

4. Suspension and Termination

4.1. Suspension

Beam Me In reserves the right to suspend Customer’s access to the Platform Subscription Services upon providing notice to the Customer, should there be a violation or breach of any term or condition of any agreement executed between the Customer and Beam Me In.

4.2. Termination

Upon the termination or expiry of Customer’s Platform Subscription, Customer’s access to the Platform Services (and the access of every Authorized User) will be deactivated. Beam Me In will cease to have any obligation to provide access to the Platform for the purpose of exporting any previously purchased Digital Assets or Customer Data.

5. Limitation of Liability

In no event will the total cumulative liability of either Party in respect of Losses arising out of, or in connection with this PSA, exceed the total Fees paid to Beam Me In during the twelve (12) month period immediately prior to the date the cause of action arose.

6. Miscellaneous

• This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles.
• This PSA, along with the Terms of Service and any applicable Orders, constitutes the entire agreement between the Parties.

Appendix: Definitions

• Platform Subscription Services: The services provided as part of a Platform Subscription, including access to the Beam Me In platform.
• Subscription Period: The Initial Subscription Period and each subsequent Renewal Period.
• Platform Subscription Fees: Fees payable in respect of a Platform Subscription, as set out in the Order.
• Digital Assets: Any output generated through Beam Me In’s services.
• Customer Data: Any data submitted by the Customer into the platform.