GoBeyondBetter hereby grants Customer a non-exclusive, non-transferable right for a limited time as solely determined by GoBeyondBetter (the "Beta Trial Period" ) to: (a) access and use software-as-a-service beta features and documentation (the "Services") for the number of Customer users that GoBeyondBetter permits to access and use the Services ("Authorised Users"). Customer will not use the Services for any purpose other than evaluating and testing such Services internally in connection with assessing whether Customer desires to enter into a commercial agreement with GoBeyondBetter for the Services. For the avoidance of doubt, the Parties agree that these Beta Terms do not provide a commercial access grant, and Customer's access to and use of the Services after the Beta Trial Period is subject to the Parties entering into a pricing proposal reflecting the fee for the new Services. During the Beta Trial Period, GoBeyondBetter shall provide to Customer the necessary feature access and connections to allow Customer to access and use the Services. Customer agrees that GoBeyondBetter, in its sole discretion and without liability to Customer or any third party, may terminate Customer’s use of or access to the Services at any time.

GoBeyondBetter has no obligation under these Beta Terms to provide support, maintenance, upgrades, modifications, or new releases of the Services to the Customer.

If Customer sends or transmits any communications or materials to GoBeyondBetter that provides input or suggested or changes to the Services, ("Feedback"), GoBeyondBetter is free to use such Feedback irrespective of any other obligation or limitation between the Parties governing such Feedback. Customer hereby assigns to GoBeyondBetter all right, title, and interest in, and GoBeyondBetter is free to use, without any attribution or compensation to any party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever. For the avoidance of doubt, Customer is not required to provide Feedback and GoBeyondBetter is not required to use any Feedback.

Customer acknowledges and agrees that in permitting access to and use of the beta features, GoBeyondBetter will be disclosing to Customer certain confidential, proprietary and/or trade secret information (“Confidential Information”). Such Confidential Information shall include, without limitation, any know-how, trade secrets, computer programs, source code, flowcharts, diagrams, manuals, schematics, development tools, specifications, design documents, marketing information, financial information, business plans or reports. Customer agrees to not, without the express prior written consent of GoBeyondBetter, disclose any Confidential Information or any part thereof to any third party, except to the extent that such Confidential Information (a) is or becomes generally available to the public through any means other than as a result of any act or omission by the Customer; (b) is rightfully received by Customer from a third party that is not subject to any obligation of confidentiality with respect thereto and without limitation as to its use; or (c) is independently developed by Customer without any reliance on any Confidential Information.

At the termination of this Agreement or at any time by request of GoBeyondBetter, Customer will return all Confidential Information in Customer’s possession to GoBeyondBetter. Customer also agrees that Customer will not duplicate, translate, modify, copy, print, disassemble, decompile or otherwise tamper with the beta features or any Confidential Information.

The Services are provided “as is” and GoBeyondBetter hereby disclaims all warranties, either expressed, implied statutory or otherwise. GoBeyondBetter specifically disclaims all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement and all warranties arising from course of using or trade practice. GoBeyondBetter makes no warranty of any kind that the Services will meet Customer’s requirements, operate without interruption, achieve any intended result, be compatible or work with any software, system or other services, or be secure, accurate, complete, free of harmful code or error free.

In no event will GoBeyondBetter be liable under or in connection with these Beta Terms under any legal or equitable theory, including breach of contract, tort (including negligence), strict liability, or otherwise, for any: (a) consequential, incidental, indirect, exemplary, special, enhanced, or punitive damages; (b) increased costs, diminution in value or lost business, production, revenues, or profits; (c) loss of goodwill or reputation; (d) use, inability to use, loss, interruption, delay or recovery of any data, or breach of data or system security; or (e) cost of replacement goods or services, in each case regardless of whether GoBeyondBetter was advised of the possibility of such losses or damages or such losses or damages were otherwise foreseeable. In no event will GoBeyondBetter's aggregate liability arising out of or related to these Beta Terms under any legal or equitable theory, including breach of contract, tort (including negligence), strict liability, or otherwise, exceed 100€.

The term of these Beta Terms begins on the Effective Date and will continue in effect until the expiration of the Beta Trial Period, which may be extended or ended earlier at the sole discretion of GoBeyondBetter. Upon expiration or earlier termination of these Beta Terms, Customer shall immediately discontinue use of the Services.

These Beta Terms, together with the Agreement, constitutes the sole and entire agreement of the Parties with respect to the subject matter herein and supersedes all prior and contemporaneous understandings, agreements, and representations and warranties, both written and oral, with respect to such subject matter. In the event of a conflict between the governing Agreement and these Beta Terms, the Beta Terms shall control with respect to the Beta features.