Beam Terms of Service

Nava PBC (“Nava,” “we,” “us,” or “our”) operates the website located at https://www.navapbc.com/ (the “Site”) and the Software product known as Beam (“Beam”) and provides the Services described herein. These Terms of Service (the “Terms”), together with the Privacy Policy incorporated herein by reference, set forth the legally binding terms and conditions that govern your use of the Services.

By using the Services, you accept these Terms on behalf of yourself or any entity you represent, and you represent and warrant that you have the right, authority, and capacity to do so. You may not use the Services or accept these Terms if you are under the age of 13. If you do not agree with all provisions of these Terms, do not use the Services.

Nava provides the Beam Services on behalf of educational institutions, governments, and partner organizations. If you are using the Services in connection with an educational institution, school district, government, or partner organization providing funding, Nava may share data with that institution or organization in accordance with Section 12 (FERPA) and Section 19 (Privacy Rights) of these Terms.

These Terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions. Please read Section 10.3 carefully before using the Services.

1. Accounts

1.1 Account Creation

In order to use certain features of the Services, you must register for an account (“Account”) and provide certain information as prompted by the account registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. You may request to delete your Account at any time, for any reason, by contacting us at support@bybeam.co. Nava may suspend or terminate your Account in accordance with Section 9.

1.2 Account Responsibilities

You are responsible for maintaining the confidentiality of your Account login credentials and are fully responsible for all activities that occur under your Account. You agree to immediately notify Nava of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. Nava cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.

2. Access to the Services

2.1 License

Subject to these Terms, Nava grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Beam Services solely for your own personal, non-commercial use.

2.2 Certain Restrictions

The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services; (b) you shall not modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Services; (c) you shall not access the Services in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means.

2.3 Modification of Services

We reserve the right, at any time, to modify, suspend, or discontinue the Services (in whole or in part) with or without notice. We will use commercially reasonable efforts to provide at least thirty (30) days’ advance notice of any material modification that substantially alters the Services. You agree that Nava will not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.

2.4 Ownership

Excluding any User Content you may provide, all intellectual property rights in the Services and their content—including copyrights, patents, trademarks, and trade secrets—are owned by Nava or its suppliers. These Terms do not transfer to you any rights, title, or interest in such intellectual property except for the limited access rights set forth in Section 2.1. Nava and its suppliers reserve all rights not expressly granted herein.

2.5 Compliance with Law

You are responsible for using the Services in compliance with all applicable federal, state, and local laws and regulations. You shall not use the Services in violation of any applicable law.

2.6 Use by Children Under 13 (COPPA)

The Children’s Online Privacy Protection Act (“COPPA”) requires online service providers to obtain parental consent before knowingly collecting personally identifiable information from children under the age of 13. Nava does not knowingly collect or solicit personally identifiable information from children under 13 without proper consent. Children under 13 are prohibited from using the Services or creating an Account unless doing so with parental consent, or with the consent of a teacher, school, or district acting in compliance with COPPA. If we learn that we have collected personal information from a child under 13 in violation of COPPA, we will delete that information promptly. To report a potential COPPA violation, contact us at legalsupport@navapbc.com.

2.7 Users Ages 13–17

If you are between the ages of 13 and 17, you may only use the Services with the involvement and consent of a parent or legal guardian, or through a school, district, or other institution that has agreed to these Terms on your behalf. By using the Services, you represent that (a) you have obtained such consent, or (b) your use is supervised and authorized by your school, district, or institution. Nava reserves the right to terminate the Account of any user who we reasonably determine has misrepresented their age.

2.8 Accessibility

Nava is committed to ensuring the Services remain accessible to all individuals regardless of disability. We will take commercially reasonable steps to materially comply with the Americans with Disabilities Act (“ADA”) and applicable accessibility standards. If you have accessibility-related suggestions, please contact us at support@bybeam.co.

3. User Content

3.1 User Content Defined

“User Content” means any and all information and content that a user submits to or uses with the Services (e.g., application data, financial information, supporting documentation). You are solely responsible for your User Content and assume all risks associated with it. You represent and warrant that your User Content does not violate our Acceptable Use Policy (Section 3.4).

3.2 License Grant to Nava

You hereby grant Nava a limited, non-exclusive, royalty-free license to use, store, process, and display your User Content solely as necessary to provide the Services to you and to fulfill Nava’s obligations to the educational institutions, governments, or partner organizations through which you access the Services. This license does not authorize Nava to sell your User Content to third parties, use it for unrelated commercial purposes, or train artificial intelligence models on your personal data without your separate consent. You retain all ownership rights in your User Content.

3.3 Data Retention and Deletion

Nava retains User Content and personal information as described in the Privacy Policy and Section 19.3 of these Terms. Following Account deletion or termination, Nava will provide a thirty (30) day period during which you may export or retrieve your application history and submitted data before it is scheduled for deletion, unless prohibited by applicable law or an institutional agreement. Nava will delete or de-identify your personal information within ninety (90) days of Account deletion, except where retention is required by law, institutional agreement, or legitimate operational necessity.

3.4 Acceptable Use Policy

You agree not to use the Services to collect, upload, transmit, display, or distribute any User Content that: (i) violates any third-party right, including intellectual property or privacy rights; (ii) is unlawful, harassing, abusive, defamatory, or otherwise objectionable; (iii) is harmful to minors in any way; or (iv) violates any applicable law, regulation, or third-party obligation.

You also agree not to: (i) upload or transmit any computer viruses, worms, or malicious software; (ii) send unsolicited advertising or spam; (iii) harvest or collect information about other users without consent; (iv) interfere with or disrupt the Services or servers; (v) attempt to gain unauthorized access to the Services; (vi) harass or interfere with other users; or (vii) use automated tools to scrape, mine, or generate multiple accounts on the Services.

3.5 Enforcement

We reserve the right to review User Content and to investigate and take appropriate action if you violate the Acceptable Use Policy, including removing or modifying your User Content, terminating your Account, and/or reporting you to law enforcement.

3.6 Feedback

If you provide Nava with feedback or suggestions regarding the Services (“Feedback”), you assign to Nava all rights in such Feedback. Nava may use and exploit Feedback in any manner it deems appropriate. You agree not to submit to Nava any information or ideas you consider confidential or proprietary.

4. Indemnification

You agree to indemnify and hold Nava (and its officers, employees, and agents) harmless from any claim or demand, including costs and attorneys’ fees, made by any third party due to or arising out of: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of applicable laws or regulations; (d) your User Content; or (e) your violation of any rights of any third party. Nava reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us. You agree not to settle any such matter without Nava’s prior written consent.

5. Third-Party Links & Other Users

5.1 Third-Party Links

The Services may contain links to third-party websites and services. Such links are not under Nava’s control, and we are not responsible for any third-party content or services. We provide links only as a convenience and do not endorse, monitor, or make any representations regarding third-party sites. You use all third-party links at your own risk, and the applicable third party’s terms and policies apply.

5.2 Release

You hereby release and forever discharge Nava from all disputes, claims, controversies, obligations, and causes of action of every kind arising directly or indirectly out of or relating to the Services or interactions with other users or third-party links. If you are a California resident, you waive California Civil Code Section 1542, which states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

6. Warranty Disclaimers

THE SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS. NAVA AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, BE AVAILABLE ON AN UNINTERRUPTED OR ERROR-FREE BASIS, OR BE ACCURATE, RELIABLE, FREE OF VIRUSES, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.

7. Limitation on Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL NAVA (OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, OR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF NAVA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NAVA’S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID BY YOU TO NAVA IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS (US $100). THE EXISTENCE OF MORE THAN ONE CLAIM SHALL NOT ENLARGE THIS LIMIT.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.

8. Intellectual Property

Nava respects the intellectual property rights of others and asks that users of the Services do the same. Nava has adopted and implemented a policy respecting copyright law that provides for removal of infringing materials and, in appropriate circumstances, termination of users who are repeat infringers of intellectual property rights.

If you believe that a user is, through use of the Services, unlawfully infringing a copyright in a work, please provide our designated Copyright Agent with the following written notification pursuant to 17 U.S.C. § 512(c):

Your physical or electronic signature as the person authorized to act on behalf of the copyright owner;
Identification of the copyrighted work(s) claimed to have been infringed;
Identification of the material on the Services claimed to be infringing and information sufficient to permit us to locate it;
Your address, telephone number, and email address;
A statement that you have a good-faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
A statement, under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or authorized to act on the owner’s behalf.

Please note that any misrepresentation of material fact in a written notification subjects the complaining party to liability under 17 U.S.C. § 512(f).

Designated Copyright Agent for Nava:

Name: Charles Carey
Title: General Counsel, Nava PBC
Address: Nava PBC, 601 13th St NW, Floor 12, Washington, DC 20005
Email: legalsupport@navapbc.com

DMCA notices should be sent only to the Copyright Agent. All other inquiries should be directed to support@bybeam.co.

9. Termination

Your ability to access and use the Beam Services remains in effect until terminated in accordance with these Terms. Nava may terminate your Account and/or access to the Services, with or without cause, upon thirty (30) days’ written notice, or immediately if you have materially violated these Terms. You may terminate your Account at any time by contacting us at support@bybeam.co.

Upon termination, the data portability window described in Section 3.3 applies. Nava will not be liable to you or any third party for termination of access to the Services in accordance with these Terms. The following sections shall survive termination: Intellectual Property, User Content, Acceptable Use Policy, Indemnification, Warranty Disclaimers, Limitation on Liability, Dispute Resolution, and any other provisions that by their nature should survive.

10. General

10.1 Fees

Beam Services are currently provided at no charge to individual end users. Nava reserves the right to introduce fees in the future upon at least thirty (30) days’ prior written notice. Any decision to charge fees for previously free Services will not apply to you during an active program enrollment period without your consent.

10.2 Changes to Terms

We reserve the right to revise these Terms at any time. For material changes, we will provide at least thirty (30) days’ advance notice by posting a prominent notice on the Beam Platform. Your continued use of the Services after the effective date of any change constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Services.

10.3 Dispute Resolution; Arbitration

Please read this section carefully. It affects your rights and contains procedures for mandatory binding arbitration and a class action waiver.

(a) Applicability. Except for claims for emergency injunctive or equitable relief, all claims and disputes arising out of or relating to these Terms or the Services that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this section. This applies to you and Nava and their respective affiliates, agents, employees, predecessors, successors, and assigns.

(b) Notice; Informal Resolution. Before initiating arbitration, the disputing party must send a written Notice of Dispute to the other party describing the claim and requested relief. Notices to Nava regarding the Beam Services should be sent to: Nava PBC, Legal Department, 601 13th St NW, Floor 12, Washington, DC 20005, AND legalsupport@navapbc.com. The parties shall have thirty (30) days to attempt informal resolution before arbitration may be initiated.

(c) Arbitration Rules. Arbitration shall be conducted through the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, available at www.adr.org. Claims under $10,000 may be resolved through binding non-appearance-based arbitration at the claimant’s option. For larger claims, a hearing will be held within 100 miles of your residence (or by agreement). The arbitrator’s award is final and binding.

(d) Waiver of Jury Trial. BY AGREEING TO THESE TERMS, YOU AND NAVA WAIVE THE RIGHT TO A JURY TRIAL FOR ALL COVERED CLAIMS.

(e) Waiver of Class Actions. ALL COVERED CLAIMS MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS. CLASS ACTION ARBITRATION IS NOT PERMITTED.

(f) Small Claims; Emergency Relief. Either party may bring an individual action in small claims court. Either party may seek emergency equitable relief from a state or federal court to preserve the status quo pending arbitration without waiving rights under this section.

(g) Claims Not Subject to Arbitration. Claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of intellectual property rights are not subject to arbitration under this section.

(h) Venue. Where litigation in court is permitted under this section, the parties consent to the personal jurisdiction of the courts located in the District of Columbia (Washington DC).

(i) Severability; Survival. If any part of this arbitration section is found invalid or unenforceable, that part shall be severed and the remainder shall continue in full force. This arbitration agreement survives termination of your relationship with Nava and the Beam Services.

10.4 Export Compliance

The Services may be subject to U.S. export control laws. You agree not to export, re-export, or transfer, directly or indirectly, any U.S. technical data acquired from Nava and/or the Beam Services in violation of applicable U.S. export laws or regulations.

10.5 California Residents

If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

10.6 Electronic Communications

By using the Services, you consent to receive communications from Nava in electronic form and agree that all terms, agreements, notices, disclosures, and other communications that Nava provides to you electronically satisfy any legal requirement that such communications be in writing.

10.7 Entire Agreement

These Terms, together with the Privacy Policy and any applicable institutional agreements, constitute the entire agreement between you and Nava regarding your use of the Beam Services. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.

10.8 Severability

If any provision of these Terms is held to be invalid or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall remain in full force and effect.

10.9 Assignment

You may not assign these Terms or your rights hereunder without Nava’s prior written consent. Any attempted assignment in violation of the foregoing is null and void. Nava may freely assign these Terms. These Terms shall be binding upon and inure to the benefit of the parties and their respective permitted assignees.

10.10 Governing Law and Venue

These Terms and your relationship with Nava and the Beam Services shall be governed by and construed in accordance with the laws of the District of Columbia, without regard to conflict-of-laws principles. Subject to the arbitration provisions of Section 10.3, you agree to submit to the personal jurisdiction and venue of the courts of District of Columbia.

10.11 Contact Information

If you have questions, comments, or concerns about these Terms or the Services, please contact us at:

Nava PBC, 601 13th St NW, Floor 12 Washington, DC 20005; Email: support@bybeam.co.

11. Data Security and Breach Notification

11.1 Security Measures

Nava employs commercially reasonable administrative, technical, and physical safeguards designed to protect the personal information we collect from unauthorized access, use, disclosure, alteration, or destruction. No method of transmission over the Internet or method of electronic storage is completely secure, and we cannot guarantee absolute security.

11.2 Incident Notification

In the event of a security breach that compromises the confidentiality, integrity, or availability of your personal information, Nava will notify affected users in accordance with applicable federal and state law, including the California Consumer Privacy Act (Cal. Civ. Code §1798.100 et seq.), the New York SHIELD Act (N.Y. Gen. Bus. Law §899-aa), and any other applicable state data breach notification statutes. Notification will be provided via the email address associated with your Account, a prominent notice on the Beam Service platform, or such other method as required by law.

11.3 User Security Obligations

You are responsible for maintaining the security of your Account credentials and for all activities that occur under your Account. Promptly notify Nava at it@navapbc.com of any suspected or actual unauthorized access to your Account or any security vulnerability you discover in connection with the Services.

12. FERPA Compliance and Educational Records

12.1 FERPA Applicability

Nava operates as a service provider to educational institutions and, in that capacity, may have access to education records as defined under the Family Educational Rights and Privacy Act (“FERPA”), 20 U.S.C. §1232g and its implementing regulations at 34 C.F.R. Part 99. Where Nava receives education records from or on behalf of an educational institution, Nava acts as a “school official” with a “legitimate educational interest” as permitted under 34 C.F.R. §99.31(a)(1), subject to the applicable written agreement between Nava and that institution.

12.2 Use of FERPA-Governed Data

Nava will not disclose education records received from an educational institution except as expressly authorized by that institution’s agreement with Nava, as required by applicable law, or as otherwise permitted under FERPA. Nava’s use of such education records is limited to the purposes described in the applicable institutional agreement and the operational purposes necessary to provide the Services.

12.3 Conflict with Institutional Agreement

If you access the Services through or in connection with an educational institution or school district (“Institutional Partner”), the data sharing and privacy obligations in Nava’s agreement with that Institutional Partner govern with respect to FERPA-protected education records and shall control in the event of any conflict with these Terms regarding such records.

12.4 Parental and Eligible Student Rights

Nava does not accept direct requests from students or parents to access, amend, or delete FERPA-protected education records held at the direction of an Institutional Partner. All such requests should be directed to the applicable educational institution. Nava will cooperate with educational institutions in responding to such requests as required by FERPA.

13. Automated Decision-Making

13.1 Use of Automated Tools

The Services may use automated systems, algorithms, machine learning, or artificial intelligence (collectively, “Automated Tools”) to evaluate eligibility for financial assistance, recommend resources, analyze application data, or otherwise assist in delivering the Services. Automated Tools are intended to supplement, not replace, human judgment. Final eligibility determinations may involve human review where required by applicable law or institutional agreement.

13.2 No Warranty on Automated Outputs

NAVA MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, OR FITNESS FOR A PARTICULAR PURPOSE OF ANY OUTPUT GENERATED BY AUTOMATED TOOLS. YOU ACKNOWLEDGE THAT AUTOMATED TOOLS MAY PRODUCE ERRORS AND THAT YOU SHOULD NOT RELY SOLELY ON SUCH OUTPUTS FOR FINANCIAL OR OTHER CONSEQUENTIAL DECISIONS.

14. Confidentiality of Application Data

Nava recognizes that User Content submitted in connection with financial assistance applications—including but not limited to financial records, tax documentation, medical information, and statements of hardship—is particularly sensitive. Nava will treat such data as confidential and will not disclose it to third parties except: (a) to the Institutional Partner through which you are accessing the Services, to the extent necessary to administer the applicable program; (b) as required by applicable law; or (c) with your express written consent. Nava will not use such sensitive application data for general marketing purposes or sell it to data brokers or advertising networks.