1. Acceptance of Terms

1.1 Agreement to Terms

By accessing or using LocalBeat's services at mylocalbeat.com and any associated subdomain sites, you agree to be bound by these Terms of Service. If you do not agree to these terms, you may not use our services.

1.2 Capacity to Accept

You represent that you are at least 18 years of age and have the legal capacity to enter into this agreement. If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these terms.

1.3 Additional Terms

Your use of specific features or services may be subject to additional terms and conditions, including our Privacy Policy, Acceptable Use Policy, and Content License. These additional terms are incorporated by reference into these Terms of Service.

2. Definitions

For purposes of these Terms:

• "Service" means the LocalBeat platform, including all websites, applications, software, and services provided by LocalBeat.
• "User," "you," "your" refers to any individual or entity using the Service.
• "Site" means a subdomain-based microsite created and managed through the LocalBeat platform.
• "Content" means any text, images, videos, audio, data, or other materials uploaded, created, or distributed through the Service.
• "Subscription" means a paid plan that provides access to the Service's features and functionality.
• "Credits" means the virtual currency used to access AI generation features within the Service.
• "Administrator" means a user with administrative privileges for a specific Site.

3. Account Registration and Security

3.1 Account Creation

To use the Service, you must create an account by providing accurate, current, and complete information. You agree to update your information promptly if it changes.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:

• Use a strong, unique password
• Not share your account credentials with others
• Notify us immediately of any unauthorized access or security breach
• Accept responsibility for all activities conducted through your account

3.3 Account Verification

We use Clerk authentication services to verify and manage user accounts. You may be required to verify your email address or complete additional verification steps before accessing certain features.

3.4 Multi-Tenant Access

Each Site operates as a separate tenant with isolated data. If you have access to multiple Sites, you acknowledge that each Site's data and settings are managed independently.

4. Subscriptions and Billing

4.1 Subscription Plans

LocalBeat offers the following subscription tiers:

• Starter Plan: $99 per month
• Professional Plan: $199 per month
• Enterprise Plan: $299 per month

Each plan includes specific features, storage limits, and user allocations as described on our pricing page. Features and pricing are subject to change with advance notice.

4.2 Billing and Payment

Subscriptions are billed monthly in advance using Stripe payment processing. By subscribing, you authorize us to charge your payment method on a recurring basis. You agree to:

• Provide current, accurate billing information
• Update payment information if it changes
• Pay all fees when due
• Be responsible for all applicable taxes

4.3 Credit System

AI generation features require Credits, which can be purchased separately in packs ranging from $10 to $500. Credits are:

• Non-refundable except as required by law
• Site-specific and cannot be transferred between Sites
• Valid for 12 months from purchase date
• Deducted based on actual API usage costs plus platform fees

4.4 Auto-Refill

You may enable automatic credit refills. When enabled, your payment method will be charged automatically when your credit balance falls below your specified threshold. You can disable auto-refill at any time.

4.5 Payment Failures

If a payment fails, we will:

• Notify you via email
• Attempt to process payment again within 3 days
• Provide a 7-day grace period to update payment information
• Suspend or downgrade your account if payment remains unresolved

4.6 Cancellation and Refunds

You may cancel your subscription at any time. Cancellations are effective at the end of your current billing period. We do not provide refunds for partial months or unused Credits except as outlined in our Refund Policy.

5. Services Provided

5.1 Platform Features

LocalBeat provides a multi-tenant content management system with the following core features:

• Content Management: Post creation, page management, media library, categories, and tags
• AI Generation Studio: AI-powered image and text generation using OpenAI APIs
• Automated Content System: News discovery and content generation with NewsData.io integration
• Email Studio: Campaign builder with segmentation, scheduling, and analytics
• RCP Integration: Radio Content Pro WordPress import automation
• Analytics: Custom analytics tracking and reporting
• Multi-Tenancy: Subdomain-based site isolation with independent data and settings

5.2 Service Availability

We strive to maintain 99.9% uptime but do not guarantee uninterrupted service. We may perform scheduled maintenance with advance notice when possible. Emergency maintenance may occur without notice.

5.3 Service Modifications

We reserve the right to modify, suspend, or discontinue any feature or service at any time. We will provide reasonable notice for material changes that negatively impact functionality.

5.4 Beta Features

We may offer beta or experimental features. These are provided "as-is" without warranties and may be modified or discontinued without notice.

6. User Responsibilities

6.1 Content Responsibility

You are solely responsible for all Content you create, upload, or distribute through the Service. You represent and warrant that:

• You own or have the necessary rights to use and distribute your Content
• Your Content does not infringe on any third-party rights
• Your Content complies with all applicable laws and regulations
• Your Content does not contain malicious code or harmful materials

6.2 Compliance with Laws

You agree to use the Service in compliance with all applicable federal, state, local, and international laws, including but not limited to:

• Copyright and intellectual property laws
• Privacy and data protection regulations (GDPR, CCPA, etc.)
• Anti-spam and email marketing laws (CAN-SPAM, CASL, etc.)
• Accessibility requirements (ADA, WCAG, etc.)

6.3 Site Administration

If you are a Site Administrator, you are responsible for:

• Managing user access and permissions
• Monitoring Content published on your Site
• Ensuring compliance with these Terms by all Site users
• Maintaining appropriate backups of critical data

6.4 Resource Usage

You agree to use Service resources reasonably and not engage in activities that:

• Consume excessive bandwidth or storage
• Degrade service performance for other users
• Circumvent usage limits or quotas
• Automate interactions in ways that abuse the Service

7. Prohibited Conduct

7.1 General Prohibitions

You agree not to use the Service to:

• Violate any laws, regulations, or third-party rights
• Distribute harmful, offensive, or illegal content
• Harass, threaten, or abuse other users
• Impersonate others or provide false information
• Distribute malware, viruses, or malicious code
• Engage in fraudulent or deceptive practices
• Spam or send unsolicited commercial messages

7.2 Technical Restrictions

You agree not to:

• Attempt to gain unauthorized access to systems or data
• Reverse engineer, decompile, or disassemble the Service
• Remove or modify any copyright or proprietary notices
• Use automated systems to access the Service without permission
• Interfere with or disrupt Service operations
• Probe or test security vulnerabilities

7.3 Content Restrictions

Prohibited content includes but is not limited to:

• Illegal content or content promoting illegal activities
• Content that infringes intellectual property rights
• Hate speech, discrimination, or violent content
• Adult content or content harmful to minors
• Misleading or fraudulent content
• Content that violates privacy rights

7.4 Enforcement

We reserve the right to investigate and take appropriate action against violations, including content removal, account suspension, or termination. We may also report illegal activities to law enforcement.

8. Intellectual Property Rights

8.1 LocalBeat's Intellectual Property

The Service, including all software, designs, graphics, interfaces, and documentation, is owned by LocalBeat and protected by copyright, trademark, and other intellectual property laws. You receive a limited, non-exclusive, non-transferable license to use the Service in accordance with these Terms.

8.2 Your Content Rights

You retain all ownership rights to Content you create or upload. By using the Service, you grant LocalBeat a worldwide, non-exclusive, royalty-free license to:

• Host, store, and display your Content
• Process and analyze your Content to provide Service features
• Create backups and derivative versions for operational purposes
• Use aggregated, anonymized data for analytics and improvements

8.3 AI-Generated Content

Content generated using our AI Generation Studio is subject to OpenAI's usage policies. You are responsible for reviewing and ensuring AI-generated content complies with these Terms and applicable laws before publication.

8.4 Feedback and Suggestions

If you provide feedback, suggestions, or ideas about the Service, you grant LocalBeat a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such feedback without compensation or attribution.

8.5 DMCA Compliance

We respect intellectual property rights and comply with the Digital Millennium Copyright Act (DMCA). See our DMCA Policy for details on reporting copyright infringement.

9. Data and Privacy

9.1 Data Collection and Use

Our collection, use, and protection of your data is governed by our Privacy Policy. By using the Service, you consent to our data practices as described in the Privacy Policy.

9.2 Data Processing

We use the following subprocessors to provide the Service:

• Clerk: Authentication and user management
• Stripe: Payment processing and billing
• Vercel: Hosting and deployment
• Neon: Database services
• Cloudinary: Media storage and delivery
• Resend: Email delivery
• OpenAI: AI generation services
• NewsData.io: News content aggregation
• Cloudflare: DNS and CDN services

See our Subprocessor List and Data Processing Addendum for detailed information about data processing activities.

9.3 Data Security

We implement industry-standard security measures to protect your data. However, no system is completely secure, and we cannot guarantee absolute security. You acknowledge the inherent risks of internet data transmission.

9.4 Data Retention and Deletion

We retain your data as long as your account is active or as needed to provide services. Upon account termination, we will delete your data within 30 days unless required to retain it for legal or regulatory purposes. You can request data deletion at any time by contacting privacy@mylocalbeat.com.

9.5 Data Portability

You may request a copy of your data in a structured, machine-readable format. Contact support@mylocalbeat.com to request data export.

10. Third-Party Services

10.1 Integration Services

The Service integrates with third-party services including OpenAI, NewsData.io, Stripe, and others. Your use of these integrated services is subject to their respective terms and conditions. We are not responsible for third-party service availability, performance, or data practices.

10.2 Third-Party Links

The Service may contain links to third-party websites. We do not endorse or control these sites and are not responsible for their content or practices. You access third-party sites at your own risk.

10.3 API Usage

When using AI generation features, you agree to comply with OpenAI's terms of service and usage policies. We reserve the right to suspend access to AI features if we detect violations of third-party terms.

11. Termination and Suspension

11.1 Termination by You

You may terminate your account at any time by canceling your subscription through the dashboard or by contacting support@mylocalbeat.com. Termination is effective at the end of your current billing period.

11.2 Termination by LocalBeat

We may suspend or terminate your account immediately if:

• You violate these Terms or any applicable policies
• Your account is used for illegal activities
• Payment fails and remains unresolved after the grace period
• We are required to do so by law or legal process
• Continued service poses a security or legal risk

11.3 Effect of Termination

Upon termination:

• Your access to the Service will be revoked
• Your Sites will be taken offline within 24 hours
• Your data will be deleted within 30 days
• Unused Credits and prepaid fees are non-refundable except as required by law
• You remain liable for any outstanding fees

11.4 Data Retrieval

You should export your data before terminating your account. After termination, we are not obligated to provide access to your data, though we may retain backups for a limited period for legal compliance.

11.5 Survival

Provisions regarding intellectual property, indemnification, limitation of liability, and dispute resolution survive termination of these Terms.

12. Disclaimers and Warranties

12.1 Service "As-Is"

THE SERVICE IS PROVIDED "AS-IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

12.2 No Guarantee

LocalBeat does not warrant that:

• The Service will be uninterrupted, secure, or error-free
• Results obtained from the Service will be accurate or reliable
• Any errors or defects will be corrected
• The Service will meet your specific requirements
• AI-generated content will be accurate, appropriate, or free from errors

12.3 Third-Party Services

We disclaim all warranties regarding third-party services, including availability, performance, accuracy, and data practices of OpenAI, NewsData.io, Stripe, and other integrated services.

12.4 User Responsibility

You acknowledge that you use the Service at your own risk. You are solely responsible for:

• Evaluating the accuracy and reliability of Service outputs
• Maintaining backups of critical data
• Ensuring Content complies with applicable laws
• Reviewing AI-generated content before publication

13. Limitation of Liability

13.1 Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY LAW, LOCALBEAT'S TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO LOCALBEAT IN THE 12 MONTHS PRECEDING THE CLAIM.

13.2 Excluded Damages

IN NO EVENT SHALL LOCALBEAT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, or business opportunities
• Loss of data or content
• Loss of goodwill or reputation
• Cost of substitute services
• Business interruption

This limitation applies even if LocalBeat has been advised of the possibility of such damages and regardless of the legal theory (contract, tort, negligence, strict liability, or otherwise).

13.3 Essential Purpose

You acknowledge that these limitations are an essential element of the agreement between you and LocalBeat and that LocalBeat would not provide the Service without these limitations.

13.4 Jurisdictional Limitations

Some jurisdictions do not allow certain warranty disclaimers or liability limitations. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

14. Indemnification

14.1 Your Indemnification Obligations

You agree to indemnify, defend, and hold harmless LocalBeat, its affiliates, officers, directors, employees, agents, and partners from any claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use or misuse of the Service
• Your violation of these Terms or any applicable laws
• Your Content or any third-party claims regarding your Content
• Your infringement of any intellectual property or other rights
• Your negligence or willful misconduct

14.2 Defense and Settlement

LocalBeat reserves the right to assume the exclusive defense and control of any matter subject to indemnification. You agree to cooperate with our defense and not settle any matter without our prior written consent.

15. Modifications to Terms

15.1 Right to Modify

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

• Posting notice on our website
• Sending email to your registered address
• Displaying notification in the dashboard

15.2 Effective Date

Changes become effective 30 days after notice for existing users, or immediately for new users. Your continued use of the Service after changes take effect constitutes acceptance of the modified Terms.

15.3 Disagreement with Changes

If you disagree with modifications, your sole remedy is to terminate your account before changes take effect. Termination will be governed by the current Terms, not the modified version.

16. Dispute Resolution

16.1 Informal Resolution

Before filing a claim, you agree to contact us at support@mylocalbeat.com to attempt informal resolution. We will work in good faith to resolve disputes amicably.

16.2 Governing Law

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles. You agree to submit to the personal jurisdiction of state and federal courts located in Delaware for any legal proceedings.

16.3 Arbitration Agreement

Any dispute not resolved informally shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will be conducted in Delaware or remotely via videoconference. Each party shall bear its own costs, with the arbitrator having authority to award costs to the prevailing party.

16.4 Class Action Waiver

YOU AGREE THAT DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY. YOU WAIVE ANY RIGHT TO PARTICIPATE IN CLASS ACTIONS, CONSOLIDATED PROCEEDINGS, OR REPRESENTATIVE ACTIONS.

16.5 Exceptions

Either party may seek injunctive relief in court for intellectual property infringement, unauthorized access, or violations requiring immediate action.

16.6 Statute of Limitations

Any claim must be filed within one year of the date the claim arose, or it is permanently barred.

17. General Provisions

17.1 Entire Agreement

These Terms, together with the Privacy Policy and other incorporated policies, constitute the entire agreement between you and LocalBeat regarding the Service and supersede all prior agreements and understandings.

17.2 Severability

If any provision is found to be unenforceable, the remaining provisions will remain in full effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.

17.3 No Waiver

Failure to enforce any provision does not constitute a waiver of that provision or any other provision. Any waiver must be in writing and signed by an authorized representative.

17.4 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets with notice to you.

17.5 Force Majeure

Neither party is liable for failure to perform due to circumstances beyond reasonable control, including acts of God, war, terrorism, strikes, government actions, internet outages, or third-party service failures.

17.6 Notices

Legal notices must be sent to support@mylocalbeat.com or by certified mail to our registered address. Notices to you will be sent to your registered email address and are deemed delivered 24 hours after sending.

17.7 Export Compliance

You agree to comply with all export and import laws and regulations. You represent that you are not located in a country subject to U.S. embargo and are not on any U.S. government restricted party list.

17.8 Relationship

These Terms do not create a partnership, agency, employment, or joint venture relationship between you and LocalBeat.

18. Contact Information

For questions about these Terms of Service, please contact:

Last Updated: November 20, 2025
Version: 1.0
Please review these Terms regularly for updates. Continued use of the Service constitutes acceptance of current Terms.