Terms of service & end user license agreement
These Terms of Service and End User License Agreement (together, the "Terms") are a binding agreement between you and Beepr ("Beepr," "we," "us") governing your use of the Beepr mobile application (the "App") and getbeepr.com (together, the "Service"). By downloading, installing, or using the App, you agree to these Terms. If you do not agree, do not use the Service.
1. What the Service is (and is not)
The App provides audio and haptic alerts as you approach locations where, according to our database, automated traffic-enforcement devices (such as red-light cameras and school-zone speed cameras, "Enforcement Devices") are or have been deployed. The Service is provided for general informational and awareness purposes only. It is not:
- a guarantee that you will be alerted to any or all Enforcement Devices;
- a substitute for your own attention, judgment, and observation of roads, signs, and signals;
- an invitation, license, or encouragement to exceed speed limits or violate any traffic law;
- legal advice, or a means of evading law enforcement; or
- affiliated with, endorsed by, or connected to any government agency or camera operator.
2. No guarantee of operation
We do not guarantee that the App will operate, or operate correctly, every time or at any particular time. The App depends on factors outside our control, including GPS signal quality and drift, your device's hardware and battery state, operating-system background-execution and location policies (which can suspend or terminate background apps at any time), audio routing to vehicle systems, device settings and permissions, and interference from other software. The App may fail to launch, fail to monitor, fail to alert, alert late, or alert incorrectly. You must drive at all times as if the App did not exist.
3. Camera database — accuracy and currency
We make reasonable efforts to keep our database of existing and newly deployed Enforcement Devices — including their locations, enforced directions, and posted enforcement schedules — up to date. However, because of the rapidly evolving nature of automated-enforcement programs — devices are added, relocated, suspended, reactivated, and removed, and enforcement schedules change, often without public notice — we cannot and do not ensure that all Enforcement Devices, or any particular Enforcement Device, are reflected accurately or at all in our database at any given time. The database may be incomplete, outdated, or contain errors, including for reasons unrelated to our efforts.
4. Alerts — false positives and false negatives
We do not warrant that any alert is a "true" alert. The App may produce false positives — alerts where no active Enforcement Device exists — triggered for any reason, including database errors, device relocations or deactivations, GPS inaccuracy or drift, heading estimation at low speed, proximity to parallel roads, or software behavior. The App may equally produce false negatives — no alert where an active Enforcement Device exists. Alert timing, audibility, and delivery are not guaranteed. Alerts are informational nudges only, and no action or inaction by the App modifies your obligations under Section 5.
5. Driver Responsibility Statement
You acknowledge and agree that every driver is ultimately responsible for their own safety and the safe operation of their vehicle, and for adhering to all applicable rules and regulations, including all traffic laws, posted and statutory speed limits, school-zone restrictions, traffic signals and signs, and hands-free/distracted-driving laws, in every jurisdiction in which they drive. You further agree that you will:
- configure the App only while parked, and never interact with your device while driving;
- not rely on the presence or absence of an alert in making any driving decision;
- obey all speed limits and traffic-control devices at all times, alert or no alert; and
- comply with all laws applicable to the possession and use of camera-alert applications in your jurisdiction. You are solely responsible for confirming such use is lawful where you drive.
6. License and restrictions
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the App for personal, non-commercial purposes on devices you own or control, as permitted by the app-store rules of Apple Inc. ("Apple") or Google LLC ("Google"). You may not: copy, modify, or create derivative works of the App or its database; reverse engineer, decompile, or disassemble the App except as permitted by law; extract, scrape, resell, or redistribute the camera database; use the Service in any unlawful manner; or remove proprietary notices. The App and database are licensed, not sold; we and our licensors retain all rights not expressly granted.
7. Purchases
If the App offers paid features, prices are shown before purchase and transactions are processed by Apple or Google under their terms. Except where required by law or by Apple/Google policy, purchases are final and refunds are handled exclusively through the store you purchased from.
8. Disclaimer of warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, THE APP, THE CAMERA DATABASE, AND ALL ALERTS AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, AND UNINTERRUPTED OR ERROR-FREE OPERATION. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT: (a) THE APP WILL DETECT OR ALERT TO ANY ENFORCEMENT DEVICE; (b) THE DATABASE IS OR WILL REMAIN ACCURATE, COMPLETE, OR CURRENT; (c) ALERTS WILL BE FREE OF FALSE POSITIVES OR FALSE NEGATIVES; OR (d) USE OF THE APP WILL PREVENT ANY TRAFFIC CITATION, FINE, OR OTHER CONSEQUENCE. NO ORAL OR WRITTEN INFORMATION FROM US CREATES ANY WARRANTY. SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY EXCLUSIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
9. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (a) IN NO EVENT WILL BEEPR, ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THE SERVICE, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (b) WITHOUT LIMITING THE FOREGOING, WE ARE NOT LIABLE FOR ANY TRAFFIC CITATIONS, FINES, PENALTIES, POINTS, INSURANCE CONSEQUENCES, ACCIDENTS, INJURIES, PROPERTY DAMAGE, OR DEATH ARISING FROM OR RELATED TO YOUR DRIVING, YOUR RELIANCE ON THE APP, OR THE APP'S OPERATION OR NON-OPERATION; AND (c) OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID US FOR THE APP IN THE TWELVE (12) MONTHS BEFORE THE CLAIM AROSE OR TEN U.S. DOLLARS (US$10). THE LIMITATIONS IN THIS SECTION ARE A FUNDAMENTAL BASIS OF THE BARGAIN AND APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
10. Indemnification
You agree to indemnify, defend, and hold harmless Beepr and its owners, officers, employees, and contractors from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use or misuse of the Service; (b) your violation of these Terms; (c) your violation of any law or regulation, including traffic laws; or (d) your operation of a vehicle.
11. Apple- and Google-specific terms
If you obtained the App from Apple's App Store, the following applies:
- These Terms are between you and Beepr only — not Apple. Apple is not responsible for the App or its content.
- Apple has no obligation to furnish maintenance or support for the App.
- If the App fails to conform to an applicable warranty, you may notify Apple and Apple will refund the purchase price (if any); to the maximum extent permitted by law, Apple has no other warranty obligation, and all other claims are governed by these Terms.
- Apple is not responsible for addressing any claims by you or a third party relating to the App, including product-liability claims, regulatory-compliance claims, and consumer-protection claims.
- In the event of a third-party claim that the App infringes intellectual-property rights, Beepr, not Apple, is responsible for its investigation, defense, and resolution to the extent required by these Terms.
- You represent that you are not located in a country subject to a U.S. government embargo and are not on any U.S. government restricted-party list.
- Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
If you obtained the App from Google Play, these Terms are between you and Beepr only; Google is not a party to them and has no obligations regarding the App beyond those in the Google Play Terms of Service.
12. Changes to the Service and these Terms
We may modify, suspend, or discontinue the Service (or any part, including the database) at any time without liability. We may update these Terms; the effective date above will change and material updates will be noted in the App's release notes. Continued use after an update constitutes acceptance.
13. Termination
These Terms are effective until terminated. They terminate automatically if you fail to comply with them, and you may terminate them at any time by deleting the App. Sections 1–5 and 8–15 survive termination.
14. Governing law and disputes
These Terms are governed by the laws of the State of Florida, without regard to conflict-of-laws rules. Exclusive venue for any dispute not subject to small-claims jurisdiction lies in the state or federal courts located in Miami-Dade County, Florida, and you consent to their personal jurisdiction. To the extent permitted by law, each party waives any right to a jury trial and agrees claims may be brought only in an individual capacity, not as a plaintiff or class member in any class or representative proceeding.
15. General
If any provision of these Terms is held unenforceable, it will be modified to the minimum extent necessary and the remainder will remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of assets. These Terms, together with the Privacy policy, are the entire agreement between you and us regarding the Service.