These Terms contain an arbitration agreement and a class action waiver (see Section 15). Unless you are covered by an exception, disputes between you and us will be resolved by individual binding arbitration rather than in court.
These Terms of Service (“Terms”) govern your use of Beacon, including the website at www.thebeaconapp.com (the “Site”), the free visibility audit, the Visibility Monitoring report, and related services (together, the “Services”).
The Services are provided by Change Agents Corporation (“Beacon,” “we,” “our” or “us”). “You” means the person using the Services and, if you use them for a business, that business. If you accept these Terms for a business, you confirm that you are authorized to bind it.
By using the Services, or by clicking to accept these Terms, you agree to them. If you do not agree, do not use the Services.
Beacon helps local businesses understand how they appear on Google and in AI assistants such as ChatGPT, Gemini, Perplexity, Grok and Claude. Beacon:
Beacon does not change your listings, website or reviews. Acting on a recommendation is up to you. Beacon is a measurement and advice tool, not a guarantee of any ranking, recommendation or business result.
You must be at least 18 years old and able to form a binding contract to use the Services. The Services are intended for businesses and the people who work for them, not for personal, family or household use, and are not directed at children.
The Services are currently offered for businesses located in the United States.
You can request a free audit by entering a business name and an email address. To prepare it, we look up the business in public sources and run test questions through third-party AI assistants.
To subscribe you must create an account and give us accurate, current and complete information, and keep it up to date. You are responsible for keeping your sign-in details confidential and for all activity under your account. Tell us promptly at support@thebeaconapp.com if you believe your account has been accessed without permission. We are not liable for loss caused by unauthorized use of your account that results from your failure to keep your credentials secure.
Beacon uses automated tools, including artificial intelligence provided by third parties, to analyze information and prepare reports and recommendations. You understand that:
Dissatisfaction with report contents or visibility results does not by itself entitle you to a refund, except as these Terms or applicable law provide.
Plan and price. Beacon currently offers one paid plan, the Visibility Monitoring report, for $20 per month. The price and what the plan includes are shown at checkout. Taxes may apply.
Payment. Payments are processed by our payment processor, Stripe. You authorize us and Stripe to charge your payment method for all fees when due. You must keep a valid payment method on file.
Automatic renewal. Your subscription renews automatically each month at the then-current price, and your payment method will be charged, until you cancel. We will show the renewal terms at checkout and send you a confirmation, and we will give advance notice where required by law.
Cancellation. You may cancel at any time in your account settings or by contacting us. Unless we tell you otherwise when you cancel, cancellation takes effect at the end of the current billing period. Except where required by law or stated in these Terms, fees are non-refundable and we do not give prorated refunds for partial periods.
Price and plan changes. We may change prices or plan features. We will give you at least 30 days’ notice before a price increase takes effect for your subscription. If you do not agree, you may cancel before it takes effect.
Failed payments. If a payment fails, we may retry the charge and suspend paid features until it succeeds.
Chargebacks. If you dispute a charge with your bank, we may provide your account and transaction records to the bank to respond to the dispute.
Errors. If we make an error in a plan description or price, we may correct it. If a correction affects a subscription you have already bought and you do not want to continue, contact us and we will cancel it.
You are responsible for how you use the Services. You may not, and may not help anyone else:
You keep ownership of information you give us, such as your account details and any details about your business you provide. You give us a non-exclusive, worldwide, royalty-free license to host, store, copy and process it to provide, secure and support the Services. This license ends when the information is deleted from our systems, except for copies we keep under our Privacy Policy.
We may use information about how the Services are used, and results in de-identified or aggregated form, to operate, secure and improve the Services, including our measurement methods.
You represent that you have the right to provide the information you give us.
We and our licensors own all rights in the Services, including the software, scoring methods, reports, designs and text, and in the Beacon name, logos and other marks. While you have an account, and afterwards for reports you received, you may use your reports for your own business purposes, including sharing them with your employees and the people who help with your marketing or website. These Terms do not give you any other rights in the Services.
Feedback. If you send us suggestions or feedback, we may use them without restriction or compensation to you.
We respond to notices of alleged copyright infringement under the U.S. Digital Millennium Copyright Act and terminate repeat infringers where appropriate. To report infringement, send our Copyright Agent:
Copyright Agent: Michael Mathews, Director, Change Agents Corporation, 4400 Route 9 South, Suite 3100, Freehold, New Jersey 07728 · 914-906-9159 · mike@thebeaconapp.com
If material you posted was removed and you believe that was a mistake or misidentification, you may send a counter-notice to the same address containing: your signature; identification of the removed material and where it appeared; a statement under penalty of perjury that you have a good-faith belief it was removed by mistake or misidentification; and your name, address and telephone number, with a statement that you consent to the jurisdiction of the federal district court for your address (or, if you are outside the U.S., the federal court in Los Angeles, California), and a statement that you will accept service of process from the person who provided notification of the alleged infringement. We may forward your counter-notice, including your contact details, to that person, and may restore the material unless they notify us within 10 business days that they have filed a court action.
The Services rely on and link to third-party services, including Google, AI assistants, and our payment processor, Stripe. We do not control and are not responsible for third-party services, their availability, their answers or their handling of your data. Your use of them is governed by their own terms and privacy policies. Beacon is not affiliated with or endorsed by Google, OpenAI, Anthropic, xAI, Perplexity or Meta.
We regularly update the Services and may add, change or remove features. If we remove a feature that is a material part of your paid plan, we will give you notice and, if you cancel as a result, a prorated refund of prepaid fees for the unused period.
We may suspend or terminate your access if you violate these Terms, if required by law, if your account poses a security or legal risk, or if your payment fails. Where reasonable, we will give you notice and a chance to fix the problem first. If we terminate for our convenience rather than your breach, we will refund prepaid fees for the unused period.
You may stop using the Services and cancel at any time. After cancellation or termination, your right to use the paid features of the Services ends, and we may retain, delete or de-identify your information as described in our Privacy Policy.
Sections 5, 8 (last two paragraphs), 9, 11, 13, 14, 15 and 16, and any unpaid fees, survive termination.
The Services are provided “as is” and “as available.” To the maximum extent permitted by law, Beacon and its officers, employees, directors, shareholders, parents, subsidiaries, affiliates, agents, contractors and licensors (“Beacon Parties”) disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title and non-infringement, and any warranties arising from course of dealing or usage of trade.
Without limiting the foregoing, the Beacon Parties do not warrant that the Services will be uninterrupted, secure or error-free; that AI-generated drafts or measurements will be accurate or complete; or that using the Services will improve your visibility, rankings, AI recommendations, reviews, calls, revenue or other results. The Beacon Parties are not responsible for the acts, omissions, policies, outputs or availability of third-party platforms or AI assistants.
To the maximum extent permitted by law, the Beacon Parties will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, revenue, goodwill or data, or the cost of substitute services, arising out of or relating to these Terms or the Services, however caused and under any theory of liability, even if advised of the possibility of such damages.
To the maximum extent permitted by law, the Beacon Parties’ total liability for all claims arising out of or relating to these Terms or the Services will not exceed the greater of (a) the fees you paid us in the twelve (12) months before the event giving rise to the claim and (b) one hundred U.S. dollars ($100).
These limits are an essential part of the bargain between us and apply even if a remedy fails of its essential purpose. Some jurisdictions do not allow certain exclusions, so some of these limits may not apply to you.
To the maximum extent permitted by law, you will defend, indemnify and hold harmless the Beacon Parties from and against any claims, losses, damages, penalties, costs and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your use of the Services or reports; (b) your violation of these Terms or the law; or (c) anyone using your account. We may assume control of the defense of any matter subject to indemnification, and you will cooperate with us.
Before starting arbitration, you and we agree to try to resolve any dispute informally. To begin, send a written notice to mike@thebeaconapp.com describing the dispute, the basis of your claim and the resolution you want, including any amount. Within sixty (60) days after the notice is received, both sides will make a good-faith effort to resolve it, including at least one telephone or video conference in which you personally take part (you may bring a lawyer). If the dispute is not resolved within sixty (60) days (or a longer period both sides agree to), either side may start arbitration. Completing this process is a condition to starting arbitration. Statutes of limitation and filing-fee deadlines are tolled while this process is under way. A court may enforce this condition, including by stopping an arbitration that was started without it.
Except as described below, you and Beacon agree to resolve any dispute, claim or controversy between you and Beacon (or our agents) arising out of or relating to these Terms or the Services (“Claim”) by final and binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (available at www.adr.org or 1-800-778-7879), rather than in court. This applies to Claims that have not been filed in court or arbitration before you accepted these Terms. A single arbitrator will decide the Claim, and the decision may be entered in any court with jurisdiction. The Federal Arbitration Act governs this agreement. A court with jurisdiction decides questions about the existence, scope, validity and enforceability of this arbitration agreement, including whether the informal-resolution condition has been met.
To start arbitration, you must first send us a letter signed by you requesting arbitration and describing your Claim, at least ten (10) days before filing, to: Change Agents Corporation, 4400 Route 9 South, Suite 3100, Freehold, New Jersey 07728, Attention: Legal Department.
The proceeding and its contents are confidential except as required by law or to enforce the award. If you show that the costs of arbitration would be prohibitive compared with litigation, we will pay as much of the administrative and arbitrator fees as the arbitrator considers necessary to prevent that. The arbitrator may otherwise allocate costs in the award. The arbitrator may award the same individual relief a court could, but may not award public injunctive relief. Any claim for public injunctive relief will be stayed in court until the individual arbitration is complete and will be bound by the arbitrator’s decision.
Either party may bring an individual Claim in small claims court if it qualifies, and may elect to do so by notice even after an arbitration has been filed (in which case the filing party will withdraw the arbitration within ten (10) days). Either party may also seek provisional relief, such as a preliminary injunction, from a court, and may ask a government agency to act. Claims about infringement or misuse of intellectual property may be brought in court.
You and Beacon may bring Claims only on an individual basis, not as a plaintiff or class member in any class, collective or representative proceeding, and the arbitrator may decide only individual Claims. If a Claim proceeds in court rather than arbitration for any reason, you and Beacon each waive the right to a jury trial.
If twenty-five (25) or more similar Claims are brought against Beacon at or around the same time by the same or coordinated counsel, or are otherwise coordinated, the AAA Mass Arbitration Supplementary Rules and fee schedule will apply, and the Claims will proceed in staged batches: first, twenty (20) Claims (ten chosen by the claimants and ten by Beacon) will proceed in individual arbitrations, with no other Claims deemed filed or fees assessed until selected. If the remaining Claims are not resolved after that, the parties will attend a global mediation before a retired judge, with Beacon paying the mediator’s fee. If that fails, forty (40) more Claims (twenty chosen by each side, or all remaining if fewer) will proceed, followed by another global mediation. If Claims still remain, either side may opt out of arbitration for the remaining unselected Claims by written notice, and those Claims may proceed in court, including on a class basis where otherwise permitted. Each arbitrator handles one proceeding unless the parties agree otherwise. We will attend a global mediation at any stage if claimants’ counsel asks. Statutes of limitation and filing-fee deadlines are tolled for Claims awaiting selection. A court may enforce this section. If a court declines to enforce it, counsel for both sides will work in good faith with a process arbitrator to adopt procedures that keep arbitration efficient and cost-effective.
If any part of this Section 15 is found unenforceable, that part is severed and the rest remains in effect. A waiver of any part of this Section must be in a writing signed by the waiving party. This Section survives the end of your relationship with Beacon.
This section limits certain rights, including the right to go to court, the right to a jury trial, the right to take part in a class or representative action, the right to discovery except as provided in the AAA Rules, and certain remedies. Other rights you would have in court may not be available in arbitration.
Governing law and venue. These Terms are governed by the laws of the State of Nevada and applicable federal law, without regard to conflict-of-law rules. Any action not required to be arbitrated or brought in small claims court must be brought exclusively in the state or federal courts located in Clark County, Nevada, and both parties consent to their personal jurisdiction.
Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control, including outages or changes at third-party services and AI providers.
Electronic communications. You agree that we may communicate with you electronically, including by email and in-app notice, and that electronic notices satisfy any requirement that notice be in writing. Notices to you go to the email on your account.
Assignment. You may not assign these Terms without our written consent. We may assign them, including in a merger, acquisition or sale of assets.
Entire agreement; severability; no waiver. These Terms, the Privacy Policy and any order or checkout terms you accept are the entire agreement between you and us about the Services. If any provision is unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver.
Relationship. No agency, partnership, joint venture or employment relationship is created by these Terms.
Export and sanctions. You may not use or export the Services in violation of U.S. export control or sanctions laws, and you represent that you are not located in an embargoed country or listed on a U.S. government restricted-party list.
California residents. Under California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
We may update these Terms from time to time. We will post the updated Terms with a new “Last updated” date and, for material changes, notify you by email at least 30 days before they take effect. Changes do not apply retroactively or to disputes already notified to us. By continuing to use the Services after changes take effect, you accept them. If you do not agree, you may cancel before they take effect.
Questions about these Terms: support@thebeaconapp.com
Change Agents Corporation, 4400 Route 9 South, Suite 3100, Freehold, New Jersey 07728