Alpha and Beta Test Features Terms and Conditions
These Alpha and Beta Features Terms and Conditions (these “Alpha Beta T&Cs”) govern your use of any of the Flow products that are being tested in either alpha or beta modes. Reference is made to the Order Form between Client and Flow Commerce Inc. that governs Client’s use of Flow’s Services (the “Agreement”).
1. Background. Flow is in the process of developing a new features (the “Pre-Release Products”) that Flow would like to field test to further refine the product before moving it to a beta and eventually as a “GA” product (each a “Test”). Flow may offer, or Client may request and Flow may agree (in its sole discretion) to include Client in a Test. In consideration for early access to the Pre-Release Product, and the opportunity to improve a product it may use, Client agrees to participate in the Test and to provide Flow with its comments, criticisms, suggestions, and evaluations with respect to the Pre-Release Product during the Test period. The Pre-Release Product shall be in alpha testing until such time as Flow notifies Client that the Pre-Release Product has moved to beta testing. The Pre-Release Product will be determined “GA” by Flow in its discretion and at such time shall be then subject to the Agreement and not the terms of this Alpha Beta T&Cs.
2. Terms of the Test.
a. Client acknowledges that, as a Pre-Release Product, subject to the Test, each Pre-Release may not work as expected, may have errors, or may cause unintended behavior. Client agrees that its participation in a Test is voluntary and that all Pre-Release Products are provided as-is without any representations or warranties from Flow. Client agrees to provide feedback to Flow and shall promptly and consistently provide such feedback during the Test.
b. The Pre-Release Product, any related documentation, and all authorized copies thereof, shall remain the exclusive property of Flow, and shall not be used in any way other than as allowed by this Alpha Beta T&Cs. Client acknowledges that, as between Flow and Client, the Pre-Release Product and its related documentation and all copyrights, patents, trademarks, trade secret rights and other intellectual property rights with respect thereto, are and will at all times be the property of Flow, even if suggestions made by Client are incorporated into subsequent versions of the Pre-Release Product or related documentation.
3. DISCLAIMER OF ALL WARRANTIES; LIMITATION OF LIABILITY. THE PRE-RELEASE PRODUCT AND THE RELATED DOCUMENTATION IS PROVIDED “AS IS”, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING SPECIFICALLY THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND CLIENT UNDERSTANDS THAT IT ASSUMES ALL RISKS OF ITS USE, QUALITY, AND PERFORMANCE. BECAUSE OF THE NATURE OF THIS TEST AGREEMENT, CLIENT AGREES AND ACKNOWLEDGES THAT FLOW SHALL HAVE NO LIABILITY WHATSOEVER TO CLIENT FOR (I) ANY CAPTURED LOGIN DETAILS, (II) FOR CLIENT’S GOOGLE ACCOUNT BEING LOCKED, SUSPENDED OR TERMINATED, OR (III) ANY PROBLEMS IN OR CAUSED BY THE PRE-RELEASE PRODUCT OR THE RELATED DOCUMENTATION, WHETHER DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL (INCLUDING LOST PROFITS OR DATA).
4. Confidentiality. Client acknowledges that the information provided to Client pursuant to the Test is Flow’s Confidential Information and subject to the confidentiality provisions in the T&Cs (as defined in the Agreement).
5. Miscellaneous. Either party may terminate this Alpha Beta T&Cs at any time upon written notice to the other party (email sufficing). In addition to these Alpha Beta T&Cs, Client’s use of the Pre-Release Products is subject to the online terms and conditions located here, as follows: only the provisions of Section 4 (Confidentiality) and Section 6 (Miscellaneous) shall apply to, and be incorporated into, these Alpha Beta T&Cs. This Alpha Beta T&Cs shall be governed by the same laws as those governing the Agreement.
