Beta Program - Terms of Use

Last Updated May 28, 2021

THIS BETA PROGRAM IS OFFERED BY KLICKLY, INC. AND ITS AFFILIATES ("KLICKLY") AND PARTICIPATION IN ANY BETA PROGRAM IS GOVERNED BY THESE TERMS OF USE (THE "TERMS"). THE BETA PROGRAM MAY CONTAIN ONE OR MORE BETA SERVICES (THE “SERVICES”) AS DETERMINED BY KLICKLY IN ITS SOLE DISCRETION. IN ORDER TO PARTICIPATE IN THE BETA PROGRAM AND USE THE SERVICES, YOU MUST BE SUBJECT TO THESE TERMS AND KLICKLY’S TERMS OF USE FOR THE DURATION OF THE BETA PROGRAM. YOU UNDERSTAND AND AGREE THAT KLICKLY WILL TREAT YOUR USE OF THE SERVICES AS ACCEPTANCE OF THE TERMS. AS LONG AS YOU COMPLY WITH THESE TERMS, KLICKLY GRANTS YOU A PERSONAL, NON-EXCLUSIVE, NON-TRANSFERABLE, LIMITED PRIVILEGE TO ACCESS AND USE THE SERVICES.

You also hereby acknowledge that Klickly has not made any representations, promises or guarantees that the Services will ever be announced or made available to anyone in the future and that Klickly has no express or implied obligation to you to announce or introduce the Services. Klickly may discontinue any Beta Program or Beta Service at any time, in its sole discretion, with or without notice. With respect to the Services, this subsection shall supersede any other terms and conditions contained herein, but only to the extent necessary to resolve conflict. The Klickly Terms of Use and the Klickly Privacy Policy located at https://klickly.com/docs/terms are incorporated by reference herein and control for any term not specifically addressed in these Terms.

Services
1.1. Description. The Services may be a separate, stand-alone service accessible apart from the generally available service to which you subscribe, or it may be a feature or functionality of that service. Further description of the Service is provided at the time you enter the Beta Program, or when a Service is added to the Beta Program, and may be updated from time to time by Klickly as the Beta Program progresses (the "Documentation").

1.2. "As Is" Status. By accepting these terms or using the Services, you understand and acknowledge that the Services are being provided as a "Beta" version and made available on an “As Is” or “As Available” basis. The Services may contain bugs, errors, and other problems. Klickly strongly recommends that you back up all data and information prior to using the Services. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY INTERNET ACCESS FEES, BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF YOUR DEVICE AND PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA. In addition, Klickly is not obligated to provide any maintenance, technical or other support for the Services.

1.3. Feedback. The Services are made available to you for purposes of evaluation and feedback without any compensation or reimbursement of any kind from Klickly. You acknowledge the importance of communication between Klickly and you during your use of the Services and hereby agree to receive related correspondence and updates from Klickly. In the event you request to opt out from such communications, your participation in the Beta Program will be canceled. During the Beta Program, you will be asked to provide feedback regarding your use of the Services. You acknowledge that Klickly owns any feedback provided, and you hereby grant to Klickly, 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 Klickly product or service (including the Services) at any time at the sole discretion of Klickly. Klickly will not publish feedback in a way that is attributable to you without your consent.

1.4. Limitations on Use. Limitations specific to any Service may be contained in the Documentation. You may use the Service pursuant to these terms during any period when the Beta Program is live. When a Beta Program is not live, you will no longer have access to the Services. Klickly reserves the right to modify or impose any limitations on the use of the Services at any time, with or without notice to you.

Participation in the Beta Program.
2.1. Eligibility. You may participate in the Beta Program upon request and approval by Klickly. In the event that you cease to be a customer of Klickly, participation in the Beta Program will be terminated immediately.

2.2. Klickly’s Terms of Use Control. Unless specifically modified by these Terms, the provisions of Klickly’s Terms of Use continue in full force with regard to your use of the generally available services and these Services, including provisions regarding account activity, password security, user content and security breaches.

3. Intellectual Property. You agree that Klickly owns all legal right, title and interest in and to the Beta Program and the Services, including all intellectual property rights, and except for the license provided herein, no other rights or permissions to any of the Services is granted. Nothing herein gives you a right to use any of Klickly trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.

4. Modification and Termination of the Service. Klickly reserves the right to modify or terminate the Beta Program or the Services, or your use of the Beta Program or the Services, to limit or deny access to the Services and/or participation in the Beta Program, at any time, in its sole discretion, for any reason, with or without notice and without liability to you. You may discontinue your use of the Services at any time.

5. Changes to the Terms. Klickly reserves the right to make changes to the Terms from time to time. If Klickly changes the Terms, Klickly will provide notice of such changes by posting the amended Terms on the Beta Program website. The amended Terms shall be deemed effective immediately upon posting to the Beta Program website and you understand and agree that if you use the Services after the date on which the Terms have changed, Klickly will treat your use as acceptance of the updated Terms.

6. International Use. If you choose to access the Services from locations other than the United States, you do so on your own initiative and at your own risk and you are responsible for compliance with all relevant laws and regulations. Klickly does not guarantee that the Services shall be appropriate and/or available for use in any particular location.