Beta Testing Policy

Effective Date: September 4, 2023
Last Updated: September 12, 2024

We may release new Services, updates and changes that are not yet available for general commercial release, including, but not limited to, content, interface, product, or feature labeled as “beta”, “preview”, “pre-release”, or “experimental” (each a “Beta Service”). This Beta Testing Policy governs the use and test of our Beta Services.

Our Terms of Service, Privacy Policy, Cookie Policy, DMCA Copyright Policy, Trademark Notification Policy, Acceptable Use Policy, and Affiliate Program Policy are incorporated into this Beta Testing Policy whenever applicable. Together, they form a binding contract between you and us.

Any capitalized word used but not defined in this Beta Testing Policy have meanings as provided in the Terms of Service. In case of conflict between this Beta Testing Policy and the Terms of Service, this Beta Testing Policy shall control.

The Service Level Agreement does not apply to Beta Tests and/or Beta Services.

BETA SERVICES
1. A Beta Service may be a separate or stand-alone service, or integrated with an existing Service, or a content, interface, product, or feature of an existing Service. A description of the Beta Service will be provided prior to or at the time you use or test a Beta Service.
2. Beta Services, by their very nature, are meant for testing, which means that they may not work as expected, have errors, or cause unintended behavior. You understand and agree that we have no obligation to provide any kind of support to any Beta Service. We may lower or raise any usage limits, or suspend or terminate access to or use of any Beta Service at any time.
BEST TESTING
1. A “Beta Test” is any public or private use or test of our Beta Services.
2. We may invite you to participate in a Beta Test if you are a customer in good standing, or a customer who has no overdue payments, suspended Accounts, or violations of our Terms of Service and other applicable policies.
3. Your use or participation in a Beta Test constitutes your acceptance of this Beta Testing Policy.
4. By participating in a Beta Test, you agree to receive communications about the Best Test and Beta Service being tested.
FEEDBACK
1. Beta Tests are made available to you for the purpose of collecting Feedback, monitoring the use of our Beta Services, and improving our Beta Services as well as other products and services.
2. By participating in a Beta Test, you agree to provide us Feedback about your use of the Beta Service being tested. You agree to send the Feedback through a form or communication that we will send to you. Feedback may include information, observations, or suggestions regarding the performance, features, and functionality of the Beta Service.
3. You agree that any Feedback shall become our sole property. We shall own exclusive rights to, including all intellectual property rights, and shall be entitled to the unrestricted use of Feedback, along with any changes, modifications, or upgrades we make to the Services based on the Feedback. You agree that we are not obligated to provide acknowledgment or compensation to you in exchange for Feedback. If we choose to publish such Feedback, we will either do so in a way that does not identify you or seek your consent in the event we do wish to identify you.
4. Feedback is Confidential Information as defined in the Terms of Service. You agree not to use any Feedback except for your internal evaluation of the Beta Service that you tested. You acknowledge, understand and agree that any unauthorized use or disclosure of a Feedback by you or any of your End Users, except as may be permitted by law, will give rise to an offence under the applicable federal laws of the United Arab Emirates. You undertake to indemnify us against all liability or loss arising directly or indirectly from, and any costs, charges and expenses incurred in connection with any unauthorized use or disclosure of a Feedback by you or any of your End Users.
INTELLECTUAL PROPERTY
1. We own all legal rights, titles, and interests in and to the Beta Services. All Beta Services are protected by trademark, copyright, moral rights, patent, and other laws relating to intellectual property rights. We and/or our licensors retain ownership rights, intellectual property rights, and all related rights over all Beta Services.
2. Subject to your compliance with this Beta Testing Policy, you are granted a limited, non-exclusive, non-transferable, non-sublicensable, fully revocable license to access and use the Beta Services for the sole purpose of Beta Testing. No other licenses or rights are granted to you by implication or otherwise. Your use of a Beta Service does not grant you or any transfer to you any right over the Beta Service.
3. You will not remove any copyright, trademark, patent, or other proprietary notices from any Beta Services. You will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, lease, create derivative works from, transfer or sell any information or work contained on any Beta Service.
CONFIDENTIALITY AND NON-DISCLOSURE
1. You acknowledge and agree that: (i) the Beta Tests and Beta Services constitute Confidential Information as defined in the Terms of Service (ii) the successful market launch of commercial versions of the Beta Services require you to keep all data and information discussed and/or made available through or contained in Beta Tests, including, without limitation, the Beta Services, strictly confidential; (iii) the premature release of any of the Confidential Information would damage our competitive and intellectual property interests; and (iv) and information about the Beta Services shall not be shared with anyone other than other authorized participants of the Beta Services, which may include users in your Account.
DISCLAIMERS
1. We disclaim all warranties regarding the Beta Test and Beta Services. WITHOUT LIMITING ANY DISCLAIMERS IN THE SERVICE TERMS, BETA TESTS AND SERVICES ARE NOT READY FOR GENERAL COMMERCIAL RELEASE AND MAY CONTAIN BUGS, ERRORS, DEFECTS, OR HARMFUL COMPONENTS. ACCORDINGLY, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE AGREEMENT OR THESE SERVICES TERMS, WE ARE PROVIDING BETA SERVICES AND BETA TESTS TO YOU “AS IS.” WE AND OUR AFFILIATES AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE REGARDING BETA SERVICES AND BETA TESTS, INCLUDING ANY WARRANTY THAT THE BETA SERVICES AND BETA TESTS WILL BECOME GENERALLY AVAILABLE, BE UNINTERRUPTED, ERROR FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT, INCLUDING YOUR CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. OUR AND OUR AFFILIATES’ AND LICENSORS’ AGGREGATE LIABILITY FOR ANY BETA SERVICES AND BETA TESTS WILL BE LIMITED TO THE AMOUNT YOU ACTUALLY PAY FOR THE BETA SERVICES THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS PRECEDING THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY AND INDEMNIFICATION
1. You agree to hold harmless and indemnify us, our affiliates and subsidiaries, officers, directors, agents, and employees from and against any third party claim arising from or in any way related to (i) your breach of the Beta Testing Policy, (ii) your use of the Beta Services and/or your participation in the Beta Tests, or (iii) your violation of applicable laws, rules, or regulations in connection with the Services.
MODIFICATION AND TERMINATION
1. We reserve the right to modify or terminate the Beta Tests or Beta Services, or to limit or deny use or access to the Beta Services and/or participation in the Beta Tests, at any time, in our sole discretion, for any reason, with or without notice and without liability to you. We may delete or deny access to any content or data provided in a Beta Service or used in a Beta Test.
2. You may discontinue your use of a Beta Service and/or your participation in a Beta Test at any time.
CONTACT INFORMATION
1. The Services are owned and operated by Rapyd Cloud, LLC, with business address at 8 The Green #20109, Dover, Delaware, 19901, USA. You may contact us by sending correspondence to the foregoing address or by emailing us at [email protected].