By purchasing our ‘beta’ software, you agree to the following terms (the “Terms”):
Beta Disclaimer & Acceptance of Risk
The ‘beta’ software you are purchasing is believed to contain, and likely does contain, certain defects that are unknown to us, our developers, and our agents. The primary purpose of having a ‘beta’ test is to identify defects and perform testing on our software so that we can make improvements for an eventual commercial launch. By purchasing our ‘beta’ software and agreeing to these Terms, you agree to be a beta tester for our ‘beta’ software. By purchasing our ‘beta’ software, you acknowledge and agree that you will likely encounter certain defects, errors, or otherwise, and that you accept the risk in doing so, if any.
License to Use Software & Feedback
We are granting you a non-exclusive, non-transferrable, and revocable license to use our ‘beta’ software solely for beta testing purposes. You agree to provide us feedback, comments, regarding errors or omissions that you encounter with our ‘beta’ software (the “Feedback”). By providing us Feedback, you hereby assign all rights, title, and interest to all Feedback provided to us, including all enhancements and ideas, including the underlying intellectual property. You acknowledge and agree that you are entitled to no compensation of any kind for the Feedback or any changes implemented by us in our ‘beta’ software or ensuing versions, and that you have no ability to control the use, direction, or implementation of your Feedback. We are not obligated to use your Feedback, or part of it.
Ownership of IP & Confidentiality
All intellectual property in or to the ‘beta software’, or that are used or promoted by our company, or that are market differentiators or trade secrets of us (the “IP”) shall remain owned by us. Nothing in this agreement shall act as a transfer, of any kind, in or to our IP. By being granted access to our IP, you agree to keep all IP confidential except for those uses that naturally flow from use of our ‘beta’ software, and you agree that you shall not resell or sublicense our IP or do anything inconsistent with our ownership of it.
By purchasing our ‘beta’ software and agreeing to these Terms, you acknowledge and agree that we cannot provide any guarantees about the sufficiency of the ‘beta’ software or any results that may or may not come from your use of it. There are no guarantees of any kind by us.
Only One Account Per User
You will be required to create an account in connection with our ‘beta’ software and may be asked for other personal information, such as your current email address. You are responsible for maintaining confidentiality of your password and account information and are responsible for all activity that takes place on your account. You are not permitted to enable a third-party to gain access to our ‘beta’ software or for a third-party to use our ‘beta’ software through your account. We expressly prohibit any unauthorized use of your account or our ‘beta’ software and have implemented measures to determine whether third-parties or non-authorized users are being granted access to our ‘beta’ software. If you are found to have permitted a third-party access to our ‘beta’ software, your account may be suspended. If you are found to have permitted a third-party access to our ‘beta’ software on more than one occasion, we may terminate your license granted herein and bar you from any future uses.
Payments, Chargebacks, No Refunds, etc.
If you provide a credit card or other form of payment, you authorize us to charge your card or other form of payment for the price of our ‘beta’ software. You represent and warrant that all payment information that is provided by you is true and correct to the best of your knowledge, that you are authorized to use the payment method provided, and that in the event of a dispute over unauthorized payment, you agree to indemnify us from any and all claims, suits, demands, or otherwise. All sales of our ‘beta’ software are final sales. No funds will be returned unless agreed by us in writing. In the event of a chargeback by you, you agree to pay liquidated damages in the amount of two-hundred and fifty dollars ($250) which is not a penalty but an estimation of damages for the time spent by us with your credit card or other payment provider.
Our ‘beta’ software is being provided to you “as-is”, may not operate correctly, and may require substantial modifications at any time. The ‘beta’ software is being provided without warranty of any kind, including merchantability, fitness for a particular purpose, or otherwise. The risk of using our ‘beta’ software is entirely with you. We shall not be liable for any claims, actions, demands, or otherwise arising out of your use of our ‘beta’ software, including those brought by third-parties in connection with your use. In no event shall we be liable to you nor to any third party for any indirect, special, consequential, incidental, or punitive damages related to or arising out of a breach of your use or these Terms, whether such claim is based on contract, tort or any other theory of law and whether or not such party has been advised in advance of the possibility of such damages. Our total liability, in any action and for any reason, is the price paid by you for use of our ‘beta’ software.