ThoughtExchange Beta Terms
Effective Date: April 13, 2023
ThoughtExchange may make certain services or functionalities available to customers and users prior to such services’ or functionalities’ commercial release (the “Beta Services”, which may be identified as “beta”, “alpha”, or similar identifiers), subject to these ThoughtExchange Beta Terms (the “Beta Terms”). These Beta Terms are incorporated into, and form part of, your agreement with us governing your access to and use of the ThoughtExchange Services (the “Agreement”). Capitalized terms not defined in these Beta Terms have the meanings given to them in the Agreement.
ALL ACCESS TO AND USE OF BETA SERVICES IS SUBJECT TO THESE BETA TERMS; DO NOT USE ANY BETA SERVICES IF YOU DO NOT OR CANNOT ACCEPT THESE BETA TERMS:
- You acknowledge and agree that use of Beta Services is entirely at your option, and that such Beta Services do not form any part of the ThoughtExchange Services you purchase from us. Use of Beta Services is not required for you to use the ThoughtExchange Services, and you do not pay any fees for access to or use of Beta Services.
- You acknowledge and agree that we own all Beta Services. We reserve all intellectual property rights in all Beta Services, including all patent, copyright, trade secret, trademark and other proprietary rights, whether registered or unregistered. We are granting you a limited license to access and use Beta Services, which right is conditioned on, among other things, your agreement to comply with these Beta Terms and all laws.
- You acknowledge and agree that: (a) any information about Beta Services that is shared, disclosed, or revealed to you (including without limitation through your access to or use of Beta Services) is our confidential and proprietary information; and (b) you may not use or disclose such information for any purpose beyond those set out in these Beta Terms without our prior written consent, except to the extent required to do so by a governmental agency or by operation of law.
- You acknowledge and agree that Beta Services are in development and are being made available to you for testing and evaluation purposes prior to commercial release (the “Beta Period”). In exchange for such access to Beta Services, you agree to provide us with suggestions, comments, or other feedback with respect to the Beta Services you use, as reasonably requested (the “Beta Feedback”). You assign to us all right, title and interest in and to the Beta Feedback, without any obligation or compensation, and irrevocably waive any rights to or in the Beta Feedback.
- You acknowledge and agree that Beta Services are not at the level of performance or functionality of a finished, commercially-available product or offering, and may be substantially modified or withdrawn prior to commercial availability. We reserve the right to change, modify, discontinue, or withdraw Beta Services at any time for any reason or no reason at all, without notice to you.
- We are under no obligation to provide technical support with regards to Beta Services, and we are under no obligation to ensure that any specific errors or issues in or with Beta Services will be corrected or addressed. We are not responsible for the consequences of unavailability, backups, software bugs, or missing or features. Beta Services are not a storage service, and you agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide. We do not offer any form of service level agreement for Beta Services and do not promise or guarantee that Beta Services will be available for you to access or use, at any time or at all.
- We do not guarantee that Beta Services will be compatible with, or that we will support (or continue to support), any particular web browser, desktop or mobile device, or operating environment.
- YOU ACKNOWLEDGE AND AGREE THAT BETA SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOUR USE OF BETA SERVICES IS AT YOUR SOLE RISK.
IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY DAMAGE WHATSOEVER ARISING OUT OF YOUR USE OF (OR INABILITY TO USE) ANY BETA SERVICES, REGARDLESS OF THE CAUSE OF ACTION (INCLUDING BREACH OF CONTRACT, NEGLIGENCE OR OTHER TORT, STATUTE, OR OTHER LEGAL OR EQUITABLE THEORY), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES. IF THERE IS A LAW THAT LIMITS HOW THE LIMITATION OF LIABILITY IN THIS SECTION APPLIES TO YOU, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
FOR GREATER CLARITY, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NO INDEMNITIES, WARRANTIES, GUARANTEES, OR COMMITMENTS IN THE AGREEMENT APPLY TO BETA SERVICES, OR TO YOUR ACCESS TO OR USE OF ANY BETA SERVICES.
(Sorry for shouting. We want to make sure you see this.)