Beta Test Agreement
This Beta Test Agreement (the "Agreement") by and between Yaardvark LLC, ("Yaardvark") and the user ("User") is entered into effect as of the date last written below ("The Effective Date").
Yaardvark beta is a period that allows the Yaardvark development team to identify and fix bugs or errors within the software. This Agreement outlines and sets forth the responsibilities and expectations for both Yaardvark and the User throughout the beta testing period. By registering for beta, the user is agreeing to the fact that potential problems may occur including, but not exclusive to:
- Deleted information
- Broken links
- Failure to send messages
- Missed payments
- Incorrect amounts charged
2. User's Obligation
The user shall test Software under normally expected operating conditions in user’s environment during the test period. It is the responsibility of the user to report any problems that arise during the testing period.
3. Information Persistence
Due to the nature of beta testing, all user data is liable to being deleted with sufficient notice provided to the user by the company. Information may also be lost between beta versions, alpha versions, release candidates, and final production builds as feature compatibility dictates. Information that may be lost can include the following, but is not limited to:
- Profile data
- Payment methods
- Score data
- Job postings
- Transaction records
4. Company’s Obligation
Yaardvark shall provide the Tester with feedback and assistance throughout the testing process. Shall any problem arise, Yaardvark representatives will assist the User and solve the problem to the best of their abilities. Should any of the issues stated in clauses 1.5 or 1.6 occur, you will immediately receive a refund or a correction of the amount that was charged or received.
5. Terms of Agreement
The test period shall last for a limited period, but may be extended depending on problems that arise. This Agreement shall terminate at the end of the test period. The restrictions and obligations contained in Clauses 5, 8, 9, 10 and 11 shall survive the expiration, termination or cancellation of this Agreement, and shall continue to bind Tester, its successors, heirs and assigns.
6. Limitation of Liability
Company shall not be responsible for any loss or damage to Tester or any third parties caused by Software. THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE, WHETHER BASED ON CONTRACT OR TORT OR ANY OTHER LEGAL THEORY, ARISING OUT OF ANY USE OF SOFTWARE OR ANY PERFORMANCE OF THIS AGREEMENT.
7. Disclaimer of Warranty
Software is a test product and its accuracy and reliability are not guaranteed. Users shall not rely exclusively on the Software for any reason. The user waives any and all claims that they User may have against Company arising out of the performance or nonperformance of Software.
THE SOFTWARE IS PROVIDED AS IS, AND COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO IT, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
8. General Provisions
- Relationships: Nothing contained in this Agreement shall be deemed to constitute either party a partner, joint venturer or employee of the other party for any purpose.
- Severability: If a court finds any provision of this Agreement invalid or unenforceable, the remainder of this Agreement shall be interpreted so as best to effect the intent of the parties.
- Integration: This Agreement expresses the complete understanding of the parties with respect to the subject matter and supersedes all prior proposals, agreements, representations and understandings. This Agreement may not be amended except in a writing signed by both parties.
- Waiver: The failure to exercise any right provided in this Agreement shall not be a waiver of prior or subsequent rights.
- Attorney Fees and Expenses: In a dispute arising out of or related to this Agreement, the prevailing party shall have the right to collect from the other party its reasonable attorney fees and costs and necessary expenditures.
- Governing Law: This Agreement shall be governed in accordance with the laws of the State of Ohio.
- Jurisdiction: The parties consent to the exclusive jurisdiction and venue of the federal and state courts located in Ohio in any action arising out of or relating to this Agreement. The parties waive any other venue to which either party might be entitled by domicile or otherwise.
How to Contact Us
10475 Grandview Drive
Kirtland, Ohio 44094
Telephone: (801) 899-6790
Email: [email protected]