Terms of service
By downloading, installing, accessing, or using the Beachday™ mobile application (hereinafter referred to as "the App"), you expressly acknowledge and agree to be bound by these Terms and Conditions (hereinafter referred to as "Terms"). These Terms constitute a legally binding agreement between you and Beachday™, its affiliates, subsidiaries, and authorized service providers. If you do not agree to these Terms in their entirety, you must not download, install, access, or use the App or any related services.
For purposes of these Terms, "User" shall refer to any individual who downloads, installs, accesses, or uses the App; "Content" shall encompass all text, images, videos, reviews, and other materials posted on the App; "Shells" shall refer to the App's proprietary reward system currency; and "Service" shall include all features, functions, and services provided through the App. Users must be at least 13 years of age to use the App, and users between 13 and 18 years of age must obtain parental or legal guardian consent prior to using the App. By using the App, you represent and warrant that you meet these eligibility requirements and that all information provided during registration and subsequent use of the App is accurate, current, and complete.
Regarding user accounts and registration, users are solely responsible for maintaining the confidentiality and security of their account credentials and must not share such credentials with any third party. Users are permitted to maintain only one account, and Beachday™ reserves the right to suspend or terminate accounts for violation of these Terms, inappropriate behavior, extended periods of inactivity, provision of false information, or any other reason at our sole discretion. Users acknowledge and agree that Beachday™ shall not be liable for any loss or damage arising from unauthorized access to or use of their account.
The shell reward system, which is integral to the App's functionality, operates under specific terms and conditions. Shells are earned through specified app activities, and earning rates may change without prior notice. Users expressly acknowledge that shells have no cash value unless explicitly stated by Beachday™, are non-transferable between accounts, and may be expired or cancelled at our discretion. Redemption options may change without notice, minimum redemption thresholds may apply, and all redemptions are final and non-reversible.
With respect to user content, users retain ownership of their original content but grant Beachday™ a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform such content in connection with the App and Beachday™'s business operations. Users expressly acknowledge that content created by Beachday™ Ambassadors becomes the exclusive property of Beachday™. Users must not post content that infringes upon intellectual property rights, contains unauthorized commercial advertisements, is illegal, harmful, or offensive, contains unauthorized music or audio, violates privacy rights, or contains malware or viruses.
Regarding music and audio usage within the App, users hereby acknowledge and agree that they bear sole responsibility for ensuring proper licensing and permissions for any music or audio content incorporated into their uploads, posts, or any other user-generated content. Users must have proper rights or licenses for any music used, and unauthorized use of copyrighted music is strictly prohibited. Beachday™ expressly disclaims any responsibility or liability for users' music choices and reserves the right to remove any content that may infringe upon intellectual property rights without prior notice.
Users are expressly prohibited from engaging in certain activities, including but not limited to, manipulating the shell system, creating multiple accounts, harassing other users, posting false or misleading information, interfering with App operations, reverse engineering the App, circumventing security measures, or selling or transferring accounts. Furthermore, all Beachday™ intellectual property, including but not limited to the App name, logo, branding, features, and functions, are protected and proprietary, and unauthorized use is strictly prohibited.
Regarding merchandise purchases, all sales are final unless otherwise stated, and prices are subject to change without notice. Shipping costs are additional, and local taxes may apply. Returns must be initiated within the specified timeframe, require the merchandise to be in original condition, and shipping costs are non-refundable. All returns are subject to inspection and approval by Beachday™.
Users expressly acknowledge that the App may be unavailable periodically, features may change without notice, and there is no guarantee of continuous service or weather data accuracy. Users interact with other users at their own risk, and Beachday™ does not verify user information or assume responsibility for user disputes. Meet-ups and activities arranged through the App are undertaken at the user's own risk.
Beachday™ shall not be liable for any direct or indirect damages, lost profits or data, service interruptions, user content or conduct, third-party actions, or natural disasters or events. Users agree to indemnify and hold harmless Beachday™, its officers, directors, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, and expenses arising from their content, violations of these Terms, or misuse of the App.
These Terms may be modified at any time without notice, and continued use of the App following any modifications constitutes acceptance of the modified Terms. Features may be added or removed, functionality may change, the shell system may be modified, and services may be discontinued at our discretion. These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to conflicts of law principles, and users agree to submit to the exclusive jurisdiction of the courts located within the United States.
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. These Terms constitute the entire agreement between users and Beachday™ regarding the subject matter hereof and supersede any prior agreements or understandings, whether written or oral. For questions about these Terms, users may contact Beachday™ at Info@beachday.com. By using the Beachday™ App, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.