Beta Test Terms and Conditions
Current version. Last updated on December 24, 2024.
These Beta Product Testing Terms ("Beta Test Terms") are made by and between the entity or individual accepting these Beta Test Terms ("you") and Smartcat (“Smartcat"), and are effective as of the date you first accept them (whether via an online click-through, a signed agreement, or by using the Beta Service) (the "Effective Date").
From time to time, Smarctat may make available to you through an alpha or beta test certain Smartcat products and services under these Testing Terms available at www.smartcat.com (the “Beta Service”).
I. LICENSE
Smartcat grants to you a non-exclusive, non-transferable, worldwide, revocable access to use the Beta Service solely for alpha or beta testing and use from the Effective date of these Beta Test Terms until the end date of the Beta Services testing period , subject to the terms and conditions below. Smartcat may vary the duration of the test period at any time and for any reason.
II. CONFIDENTIAL INFORMATION
You agree that the Beta Service is the sole and exclusive property of Smarctat and includes valuable trade secrets, intellectual property, products and services, information regarding technology, know-how, processes, software programs, research, development, financial information, documentation or other materials and information relating to the Beta Service (the “Confidential Information”).
You agree that you: (a) will not use any Confidential Information other than as necessary to use or test a Beta Service under these Beta Test Terms; (b) will maintain Confidential Information in strict confidence and will use at least the same degree of care to protect it as you use to protect your own confidential information, but in no circumstances less than reasonable care; and (c) will not disclose the Confidential Information to any person or entity other than those who need access to such Confidential Information to effect the intent of these Beta Test Terms and who are bound by written confidentiality obligations at least as protective as those set forth in this section; provided, however, that you will remain responsible for each such person's or entity's compliance with and breach of the confidentiality terms herein. You will not make any public announcements related to a Beta Service without Smartcat prior written approval, which Smartcat may grant or withhold in Smartcat’s sole discretion. This confidentiality provision supersedes any prior agreements between the parties solely with respect to Confidential Information under these Beta Test Terms.
III. FEEDBACK
The Beta Service is made available to you for the purposes of evaluation and feedback without any compensation or reimbursement of any kind from Smartcat (“Feedback”). You acknowledge the importance of communication between you and Smartcat during your use of the Beta Service and agree to receive related correspondence and updates from us with regard to the Beta Services.
As part of using the Beta Service, you will be asked to provide feedback regarding your use of the Beta Service. You acknowledge that Smartcat owns all feedback provided, and you hereby grant to Smartcat, if for any reason it is further needed, a perpetual, non-revocable, royalty-free worldwide license to use and/or incorporate such feedback into any of Smartcat products or services at any time at Smartcat sole discretion. If Smartcat chooses to publish such feedback, Smartcat will either do so in a way that does not identify you or seek your consent in the event Smartcat does wish to identify you.
Smartcat may also monitor how you use the Beta Service and use that information to improve the Beta Services or our other products and services.
IV. BETA DISCLAIMER
THE BETA SERVICE ACCESSED HEREUNDER IS BELIEVED TO CONTAIN DEFECTS AND A PRIMARY PURPOSE OF THIS BETA TESTING TERMS IS TO OBTAIN FEEDBACK ON BETA SERVICE PERFORMANCE AND THE IDENTIFICATION OF DEFECTS. YOU ARE ADVISED TO SAFEGUARD IMPORTANT DATA, TO USE CAUTION AND NOT TO RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE BETA SERVICE AND/OR ACCOMPANYING MATERIALS.
The Beta Service is an alpha or beta release offering and is not at the level of performance of a commercially available product offering. The Beta Service may not operate correctly and may be substantially modified prior to first commercial release, or at Smartcat's option may not be released commercially in the future.
THE BETA SERVICE AND DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, AND SMARTCAT AND ITS LICENSORS DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SERVICE REMAINS WITH YOU.
V. LIMITATION OF LIABILITY
SMARTCAT AND ITS LICENSORS SHALL NOT BE LIABLE FOR LOSS OF USE, LOST PROFIT, COST OF COVER, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THE SERVICE OR THESE BETA TEST TERMS, HOWEVER CAUSED AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) STRICT LIABILITY, OR OTHERWISE, EVEN IF SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL COMPANY'S AGGREGATE CUMULATIVE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE BETA TEST TERMS EXCEED $100.
You hereby agree that breach of these Beta Test Terms will cause Smartcat irreparable damage for which recovery of damages would be inadequate, and that Smartcat shall therefore be entitled to obtain timely injunctive relief under these Beta Test Terms, as well as such further relief as may be granted by a court of competent jurisdiction.
VI. PRODUCT SUPPORT
You acknowledge that Smarctat is under no obligation to provide:
technical support under the terms of these Beta Test Terms,
to continue to develop, productize, support, repair, offer for sale or in any other way continue to provide or develop Beta Service either to you or to any other party, and
provides no assurance that any specific errors or discrepancies in the Beta Service will be corrected.
VII. MISCELLANEOUS
This Agreement is in addition to your other agreements with Smarctat, including Master Services Agreements, Data Processing Agreements and our online Terms of Service (the “Other Agreements”). If there is any conflict between these Beta Test Terms and the Other Agreements, to the maximum extent permitted by law, these Beta Test Terms shall prevail in relation to the Beta Service over the Other Agreements but only to the extent necessary to resolve the conflict.
You will not assign or transfer any rights or obligations under these Beta Test Terms without the prior written consent of Smartcat.