Terms of Service

1. Definitions

"Account" means the user account you create to access the Service, including your login credentials, workspace configuration, and associated data.

"Content" means any data, text, feedback, reviews, comments, votes, files, images, or other materials you submit, post, or transmit through the Service.

"Platform" means the Beacon Analytics software-as-a-service application, including all features such as feedback boards, roadmaps, changelogs, review intelligence, AI-powered insights, analytics, automation, integrations, and any additional functionality made available through the Service.

"Workspace" means the organizational unit within the Platform associated with your subscription, under which your team members, boards, and data are organized.

"Subscription Plan" means the tier of service you have selected (Capture, Clarity, or Command), each of which includes specific feature sets, usage limits, and pricing as described on our Pricing page.

"Third-Party Services" means external platforms and services that may be integrated with the Service, including but not limited to Google Business Profile, Trustpilot, Yelp, Facebook, TripAdvisor, Stripe, and email service providers.

2. Eligibility and Account Registration

You must be at least 18 years of age and have the legal capacity to enter into a binding agreement to use the Service. If you are using the Service on behalf of a business or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.

When creating an Account, you agree to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your Account. You must notify us immediately at [email protected] if you become aware of any unauthorized use of your Account.

New user accounts may require administrator approval before access is granted to a Workspace. We reserve the right to refuse registration or terminate accounts at our discretion in accordance with these Terms.

3. Description of Service

Beacon Analytics is a feedback intelligence and product management platform that enables businesses to collect, organize, analyze, and act on customer feedback. The Service includes, but is not limited to, the following capabilities:

• Feedback Boards: Customizable boards for collecting and organizing user feedback, feature requests, and bug reports with voting and commenting.
• Product Roadmap: Visual roadmap planning tied to feedback data, with status-driven kanban views and prioritization scoring.
• Changelog: Publishing product updates and release notes with targeted notification delivery to subscribers.
• Review Intelligence: Integration with review platforms (Google Business Profile, Trustpilot, Yelp, Facebook, TripAdvisor) to aggregate and analyze customer reviews. AI drafts brand-specific responses; native reply posting is available for Trustpilot and Facebook, while Google, Yelp, and TripAdvisor responses are drafted for you to copy and post on each platform.
• AI-Powered Insights: Artificial intelligence features including sentiment analysis, duplicate detection, auto-categorization, action plan generation, and AI-assisted review response drafting.
• Analytics and KPI Tracking: Dashboards, trend analysis, and key performance indicator monitoring with milestone tracking.
• Automation Engine: Rule-based automation for feedback routing, status changes, notifications, and workflow triggers.
• Client Portals: Shareable feedback submission portals for external stakeholders.
• Social Monitoring: Monitoring of connected social media accounts for feedback-relevant content.
• Competitive Intelligence: AI-powered competitor analysis and feature tracking.
• Email Communications: Transactional and notification emails related to your use of the Service, including changelog notifications, review alerts, and account communications.
• API Access: RESTful API for programmatic integration with your existing tools and workflows.
• Affiliate Program: Referral program with commission-based rewards for qualifying referrals.

4. Subscription Plans, Billing, and Payments

The Service is offered under paid subscription plans (Capture, Clarity, and Command). Each plan includes specific feature sets, tracked user limits, and team member limits as described on our Pricing page. We offer monthly and annual billing cycles, with a discount applied to annual subscriptions.

Trial Period: New subscriptions include a 30-day trial period. A valid payment method is required at the time of registration. You will not be charged during the trial period unless you exceed plan limits or upgrade your plan. At the end of the trial period, your subscription will automatically convert to a paid subscription at the applicable rate unless you cancel before the trial expires.

Payment Processing: All payments are processed securely through Stripe, our third-party payment processor. By providing payment information, you authorize us to charge your payment method for the applicable subscription fees. You agree to Stripe's Terms of Service and Privacy Policy.

Automatic Renewal: Subscriptions renew automatically at the end of each billing cycle. You may cancel your subscription at any time through the Billing page in your dashboard. Cancellation takes effect at the end of the current billing period.

Overage Charges: If your usage exceeds your plan's tracked user limit, overage charges of $15 per additional 100 tracked users will apply. We will notify you before overage charges are incurred.

Grace Period: If your subscription lapses, a 5-day grace period will be provided during which you may reactivate your subscription without data loss. After the grace period expires, your account may be suspended and data archived in accordance with our data retention policies.

Refunds: Subscription fees are generally non-refundable. However, if you believe you have been charged in error, please contact us at [email protected] within 30 days of the charge.

Honoring Our Heroes Discount: We offer a 10% discount to active-duty military, veterans, first responders, educators, Gold Star spouses, and qualifying family members. Additional discounts may apply for annual billing. Eligibility verification may be required.

5. Acceptable Use Policy

You agree to use the Service only for lawful purposes and in compliance with these Terms. You shall not:

• Use the Service to transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable content.
• Attempt to gain unauthorized access to any portion of the Service, other users' accounts, or any systems or networks connected to the Service.
• Use the Service to send unsolicited commercial messages (spam), including bulk messaging that violates applicable anti-spam laws (CAN-SPAM Act, TCPA, or equivalent regulations).
• Use the Service to collect, harvest, or store personal information of other users without their express consent.
• Interfere with or disrupt the integrity or performance of the Service or the data contained therein.
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service.
• Use automated scripts, bots, or other tools to access the Service in a manner that exceeds reasonable usage or circumvents rate limits.
• Sublicense, resell, or redistribute the Service without our prior written consent.
• Upload or transmit viruses, malware, or any other malicious code.
• Impersonate any person or entity or falsely state or misrepresent your affiliation with a person or entity.
• Use the Service in any manner that could damage, disable, overburden, or impair our servers or networks.
• Use AI-generated review response drafts in a deceptive manner or in violation of the terms of service of any connected review platform.

6. User Content and Data Ownership

Your Content: You retain all ownership rights to the Content you submit through the Service. By submitting Content, you grant us a limited, non-exclusive, worldwide, royalty-free license to use, store, process, and display your Content solely for the purpose of providing and improving the Service.

Data Portability: You may export your data at any time through the Service's built-in export features or via the API. Upon account termination, we will make your data available for export for a reasonable period as described in our data retention policies.

Archive-Based Deletion: The Service uses an archive-based approach to data management. When you delete items (posts, comments, boards, etc.), they are archived rather than permanently destroyed, allowing for recovery and maintaining audit trail integrity. Permanently archived data may be purged after the retention period specified in our Privacy Policy.

Feedback and Suggestions: Any feedback, suggestions, or ideas you provide regarding the Service may be used by us without obligation to you. You acknowledge that we may develop features or services similar to those you suggest.

7. Third-Party Integrations and Services

The Service allows you to connect and integrate with Third-Party Services, including but not limited to Google Business Profile, Trustpilot, Yelp, Facebook, TripAdvisor, Stripe, and email providers. When you enable these integrations:

• You authorize us to access and retrieve data from these Third-Party Services on your behalf, including customer reviews, ratings, and business information.
• You are responsible for complying with the terms of service and policies of each Third-Party Service you connect.
• We are not responsible for the availability, accuracy, or practices of Third-Party Services.
• OAuth tokens and API credentials for connected services are stored securely and used solely for the purpose of providing the integration functionality you have enabled.
• You may disconnect any Third-Party Service at any time through the Integrations page in your dashboard.

AI-Generated Response Drafts: When using the AI review response draft feature, you acknowledge that AI-generated content is a draft suggestion and should be reviewed before use. You are solely responsible for any responses posted to Third-Party Services through the Platform or copied from the Platform, including ensuring compliance with the respective platform's policies.

8. Communications, Messaging, and A2P Compliance

By creating an Account and using the Service, you consent to receive communications from us, including:

• Transactional Emails: Account verification, password resets, security alerts, and billing notifications.
• Service Notifications: Changelog updates, review alerts, automation notifications, negative review alerts, KPI milestone updates, and system announcements.
• Product Communications: Feature announcements, onboarding guides, trial milestone reminders, and platform updates relevant to your subscription tier.

SMS/Text Messaging: If you opt in to receive text message notifications from Beacon Analytics, the following terms apply in accordance with A2P 10DLC regulations:

• By providing your mobile phone number and opting in, you consent to receive automated text messages from Beacon Analytics related to your account, including review alerts, critical notifications, and service updates.
• Message frequency varies based on your notification preferences and account activity. You control which notifications you receive through your notification settings.
• Message and data rates may apply. Standard carrier rates apply to all text messages sent and received.
• Opt-Out: You may opt out of text messages at any time by replying STOP to any message, updating your notification preferences in your Account settings, or contacting us at [email protected].
• Help: For assistance with text messaging, reply HELP to any message or contact us at [email protected].
• We will not sell, share, or distribute your mobile phone number or SMS consent information to third parties or affiliates for marketing or promotional purposes. All text messaging originator opt-in data and consent will not be shared with any third parties.
• Consent to receive text messages is not a condition of purchasing any goods or services from Beacon Analytics.

Email Opt-Out: You may unsubscribe from non-essential email communications at any time by clicking the unsubscribe link in any email or adjusting your notification preferences. Transactional emails necessary for the operation of your Account (e.g., billing receipts, security alerts) cannot be opted out of while your Account is active.

9. Intellectual Property Rights

The Service, including its original content, features, functionality, design, source code, trademarks, logos, and documentation, is and shall remain the exclusive property of Real Chat AI LLC and its licensors. The Service is protected by copyright, trademark, and other intellectual property laws.

"Beacon Analytics," the Beacon Analytics logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Real Chat AI LLC. You may not use these marks without our prior written permission.

Your subscription grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes during the term of your subscription, subject to these Terms.

10. Data Security and Compliance

We implement industry-standard technical and organizational security measures to protect your data, including encryption in transit (TLS/SSL), encrypted storage, access controls, and regular security assessments. For detailed information about our security practices, please refer to our Privacy Policy.

We are committed to compliance with applicable data protection regulations, including GDPR and CCPA. SOC 2 Type II, ISO/IEC 27001:2022, and HIPAA certification are actively in progress. Our data retention and handling practices comply with all applicable local, state, and federal laws.

You are responsible for ensuring that your use of the Service complies with all applicable laws and regulations in your jurisdiction, including but not limited to data protection laws, consumer protection laws, and industry-specific regulations.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL REAL CHAT AI LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICE.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. WE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that the Service will be uninterrupted, error-free, or secure, that defects will be corrected, or that the Service or the servers that make it available are free of viruses or other harmful components. AI-powered features, including sentiment analysis, duplicate detection, review response draft generation, and competitive intelligence, are provided as decision-support tools and may not always be accurate. You should independently verify AI-generated outputs before acting on them.

13. Indemnification

You agree to indemnify, defend, and hold harmless Real Chat AI LLC and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third-party rights, including intellectual property rights or privacy rights; (d) any Content you submit through the Service; or (e) your use of Third-Party Integrations through the Service.

14. Termination and Suspension

By You: You may terminate your Account at any time by canceling your subscription through the Billing page and contacting us to request account deletion. Cancellation takes effect at the end of the current billing period.

By Us: We may suspend or terminate your access to the Service immediately, without prior notice or liability, if: (a) you breach these Terms; (b) we are required to do so by law; (c) your Account has been inactive for an extended period; or (d) we discontinue the Service or any material part thereof.

Effect of Termination: Upon termination, your right to use the Service ceases immediately. We will retain your data for a reasonable period to allow for data export, after which it will be deleted in accordance with our data retention policies and applicable law. Sections of these Terms that by their nature should survive termination shall survive, including but not limited to Sections 6, 9, 11, 12, 13, 15, and 16.

15. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

Informal Resolution: Before initiating any formal dispute resolution proceeding, you agree to first contact us at [email protected] and attempt to resolve the dispute informally for at least 30 days.

Arbitration: Any dispute arising out of or relating to these Terms or the Service that cannot be resolved informally shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted in the State of Delaware. The arbitrator's decision shall be final and binding.

Class Action Waiver: YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. If for any reason a claim proceeds in court rather than in arbitration, you waive any right to a jury trial.

16. General Provisions

Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Real Chat AI LLC regarding the Service and supersede all prior agreements and understandings.

Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

Assignment: You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign these Terms without restriction.

Force Majeure: We shall not be liable for any failure or delay in performing our obligations under these Terms due to circumstances beyond our reasonable control, including but not limited to natural disasters, acts of government, internet outages, or third-party service failures.

Modifications: We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and, where appropriate, by email. Your continued use of the Service after such modifications constitutes your acceptance of the updated Terms. If you do not agree to the modified Terms, you must stop using the Service.

Notices: All notices to us should be sent to [email protected] or by mail to Real Chat AI LLC. Notices to you will be sent to the email address associated with your Account.

17. Affiliate Program Terms

If you participate in the Beacon Analytics Affiliate Program, the following additional terms apply:

• Affiliates earn a 10% recurring commission on qualifying referrals who maintain an active paid subscription.
• Commissions are calculated based on the referred customer's subscription payments after their trial period converts to a paid plan.
• Payouts are processed through Stripe Connect. You are responsible for providing accurate payment information and complying with applicable tax obligations.
• We reserve the right to modify commission rates, payout thresholds, or program terms with 30 days' notice.
• Affiliates must not engage in deceptive marketing practices, including false claims about the Service, spam, or misleading advertising.
• We reserve the right to terminate your participation in the Affiliate Program at any time for violation of these terms or for any other reason at our discretion.

18. API Terms of Use

If you access the Service through our API, you agree to the following additional terms:

• API access is subject to rate limits and usage quotas as defined by your Subscription Plan.
• API keys are confidential and must not be shared publicly or embedded in client-side code.
• You are responsible for all activity that occurs using your API keys.
• We may suspend or revoke API access if we detect abusive usage patterns, security violations, or Terms violations.
• We may modify the API with reasonable notice. We will make commercially reasonable efforts to maintain backward compatibility.

19. Contact Information

If you have any questions about these Terms of Service, please contact us: