beach

Terms of Service

Effective date: September 22, 2026

These Terms of Service ("Terms") govern your use of the Beach website hosting service ("Service") provided by Arcalogic LLC, a Pennsylvania limited liability company, doing business as Beach ("Beach," "we," "us," or "our"). By subscribing to or using the Service, you agree to these Terms.

1. Service Description

Beach provides website creation and hosting for tradespeople and home-services businesses. Our service includes:

  • A one-page or multi-page website built from publicly available business information and information you provide
  • Website hosting on our infrastructure
  • Content updates when you request them by phone, text message, or email
  • A contact form that forwards visitor inquiries to you
  • Ongoing maintenance and support

We generate draft websites using publicly available data, including information from Google, state business registries, and public web pages. Draft content is reviewed for factual accuracy before it is published, but it may contain errors. You are responsible for reviewing your site and telling us about any corrections.

2. Draft Websites and Public Data

Beach may create draft websites using publicly available business information for the purpose of demonstrating our service to prospective customers. These draft sites:

  • Are not published, indexed by search engines, or made available to the public
  • Contain only information that is already publicly available from sources such as Google, state business registries, and public web pages
  • Are shared only with the business owner as part of our outreach, with a clear disclosure that the draft was built from their public business listing (e.g., "We built this from your public business listing. Want it? It's $40 a month.")
  • May be removed at any time at the request of the business owner

This practice is a legitimate business interest and constitutes the basis for our use of publicly available business information prior to entering into a service agreement. If you receive a draft site and do not wish to become a customer, you may request removal of the draft at any time by contacting us. We will remove it within 5 business days.

3. Account and Eligibility

You must be at least 18 years old and authorized to enter into this agreement on behalf of the business listed on the website. You agree to provide accurate, current, and complete information and to keep it updated.

4. Payment Terms

Price. The Service costs $40 per month, billed monthly. There is no setup fee.

No contract. There is no long-term contract, minimum commitment, or cancellation fee. You may cancel at any time.

Billing. We bill your payment method on the same day each month. If a payment fails, we will notify you and retry. If payment is not resolved within 10 days, we may suspend your website until the account is current.

Taxes. The $40 monthly fee does not include applicable taxes. Beach does not currently collect sales tax because our service is structured as a hosted service where Beach retains possession and control of the website. This tax treatment may change if applicable law changes.

Price changes. We may change the price with 30 days' notice. If you do not agree to a price change, you may cancel before the new price takes effect.

5. Website Ownership and Control

Beach retains possession and control of all websites. This is a core part of our service model. You do not receive website files, source code, or administrative access. The website is hosted on our infrastructure and maintained by us.

Content license. By providing content (text, photos, descriptions, offers) for your website, you grant Beach a non-exclusive, royalty-free license to use, display, and modify that content solely for the purpose of operating your website.

Your business information. You grant Beach permission to use your publicly available business information (name, address, phone number, services, hours, reviews) to create and maintain your website.

Upon cancellation. When you cancel, we will notify you 7 days before taking your website offline, giving you time to save any content you want to keep. After that notice period, we will take your website offline within 14 days. We do not provide website files, exports, or transfers.

6. Your Responsibilities

You agree to:

  • Review your website for accuracy and notify us of corrections
  • Respond to customer inquiries forwarded through your website's contact form
  • Not use the Service for any unlawful purpose
  • Not provide content that is false, misleading, defamatory, or infringes on the rights of others
  • Not attempt to access our systems, other customers' websites, or any part of our infrastructure

7. Text Message Terms

By providing your phone number and agreeing to receive text messages, you consent to receive service-related messages from Beach, including:

  • Website change confirmations
  • Service updates and notifications
  • Billing and account notices

Frequency. You will typically receive 2–4 messages per month as an active customer, though frequency may vary based on your activity and service needs.

Opt out. Reply STOP to any message to stop receiving texts. Reply HELP for assistance. After opting out, you will receive one confirmation message and no further texts.

Cost. Standard message and data rates may apply. Beach is not responsible for charges from your mobile carrier.

Supported carriers. Our text messaging service is registered with The Campaign Registry (TCR) and complies with CTIA guidelines. It works with major US carriers. Delivery is not guaranteed and may be delayed or failed due to carrier issues.

8. Intellectual Property

Beach owns all rights to:

  • The Beach brand, name, logo, and design system
  • Website templates, layouts, and design elements used in generated sites
  • The site generation tools, software, and infrastructure
  • Any generated content created as part of the Service (subject to the content license you grant us in Section 5)

You retain ownership of your business name, logo, trademarks, and any original content you provide to us.

9. Website Content

Your Beach website is built from publicly available business information (such as your Google listing, business registry, and public web pages). The content on your site is our best interpretation of that public data. It is a starting point, not a final representation of your business.

We review generated content for factual accuracy before publishing, but the content may contain errors or assumptions based on incomplete public data. You know your business best, and you are responsible for reviewing your site and telling us about any corrections.

You can request changes at any time by phone, text message, or email. We will make corrections promptly. This review-and-correct process is a core part of how the Service works.

You acknowledge that automated content generation from public data is how we deliver the Service efficiently at our price point. Your obligation to review your site for accuracy is a material term of this agreement.

10. Service Level

Beach targets 99.5% uptime for hosted websites, measured monthly. If uptime for your website falls below this threshold in any calendar month, you may request a pro-rated credit for the affected period.

Uptime is measured from our hosting infrastructure and does not include scheduled maintenance windows, which we will announce at least 24 hours in advance when possible.

11. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that:

  • The Service will be uninterrupted, error-free, or secure
  • Your website will achieve any particular search ranking, traffic level, or business result
  • Content on your website will be accurate or complete
  • Third-party services (hosting providers, payment processors, text messaging) will function without interruption

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ARCALOGIC LLC AND ITS OWNERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR:

  • Any indirect, incidental, special, consequential, or punitive damages
  • Loss of profits, revenue, business, or data
  • Damages arising from errors in website content
  • Damages arising from service interruptions or data loss
  • Damages arising from third-party actions, including visitor contact form submissions

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

13. Indemnification

You agree to indemnify and hold harmless Arcalogic LLC and its owners from any claims, losses, damages, liabilities, and expenses (including reasonable attorney's fees) arising from:

  • Your use of the Service
  • Your violation of these Terms
  • Content you provide to us
  • Website content that you reviewed and approved, or that you failed to report as inaccurate after receiving it
  • Your business operations or interactions with your customers

14. Termination

By you. You may cancel at any time by contacting us by phone, text message, or email. There is no cancellation fee.

By us. We may suspend or terminate your Service for the following reasons, with 30 days' notice:

  • Discontinuation of the Service
  • Your violation of these Terms
  • Your payment failing and not being resolved within 10 days
  • Our reasonable belief that your use of the Service is unlawful or harmful

We will not terminate your Service arbitrarily. If we discontinue the Service, we will provide at least 60 days' notice and a reasonable period for you to transition.

Effect of termination. Upon termination, we will provide 7 days' notice before taking your website offline, then take it offline within 14 days. Sections 5 (ownership), 8 (intellectual property), 11 (warranties), 12 (liability), 13 (indemnification), and 16 (governing law) survive termination.

15. Force Majeure

Neither party will be liable for any failure or delay in performing its obligations under these Terms if that failure or delay results from circumstances beyond the party's reasonable control, including but not limited to natural disasters, cyberattacks, hosting provider failures, government actions, pandemics, or other events of force majeure. The affected party will notify the other party promptly and resume performance as soon as reasonably possible.

16. Governing Law and Disputes

These Terms are governed by the laws of the Commonwealth of Pennsylvania, without regard to its conflict of laws provisions.

Any dispute arising from or relating to these Terms or the Service shall be resolved in the state or federal courts located in Butler County, Pennsylvania. You consent to the personal jurisdiction of those courts.

Small claims exception. Either party may bring claims under $5,000 in small claims court in the county where the claim arose, regardless of the venue specified above.

Before filing a claim, you agree to contact us and attempt to resolve the dispute informally within 30 days.

17. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes at least 30 days before they take effect by email, text message, or a notice on makebeach.com. Continued use of the Service after changes take effect constitutes your acceptance of the updated Terms.

18. General Provisions

Entire agreement. These Terms, together with our Privacy Policy, are the entire agreement between you and Beach regarding the Service.

Severability. If any provision of these Terms is found to be unenforceable, the remaining provisions remain in effect.

No waiver. Our failure to enforce any provision of these Terms is not a waiver of that provision.

Assignment. You may not assign these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets, and will notify you within 30 days of any such assignment.

19. Contact Us

Beach (a service of Arcalogic LLC)
Email: pat@makebeach.com
Phone: (412) 567-7733