Thank you for participating in a Hopin Beta. These Hopin Beta Product Terms (“Beta Terms”) apply to and govern your use of Hopin beta products and/or services, whether through a private or a public beta program (“Beta Services”). You are not required to use any Beta Services; if you elect to do so, Your use of Beta Services is subject to these Beta Terms. For the purposes of these terms, Hopin shall include Hopin Ltd and its affiliates. Beta Services are not intended to be used by minors. You must be at least eighteen (18) years of age to use Beta Services.
1. Eligibility and Participation
You may use Beta Services only upon request and approval by Hopin (“us” “Hopin” “us” or “we’), and/or by invitation from us. Hopin has sole discretion on any eligibility requirements or other factors for the use of any Beta Services. Only approved users (subject to these terms and any requirements additional requirements we may impose) in good standing may use Beta Services, always subject to the Hopin User Terms and Community Guidelines, and, where applicable, subject to the Hopin Global Platform Terms, or any other applicable customer agreement you have with us (collectively, the “Terms of Service”). The Terms of Service are incorporated by reference and will control for any provisions not addressed in these Beta Terms, and any capitalized terms not defined in this Agreement, shall have meaning as defined in the Terms of Service. You must also comply with these Beta Terms in order to use any applicable Beta Services.
2. Beta Services
The Beta Services may be a separate, stand-alone service, accessible apart from the currently available Hopin’s products and services (as defined in the applicable Terms of Service) or may be a feature or functionality for existing Hopin’s products and services. A description of the Beta Service may be provided prior to or at the time you use a Beta Service, or if we make changes to the Beta Service. By agreeing to and complying with these Beta Terms we grant you a non-exclusive, revocable, non-transferable, limited license to access and use the Beta Services.
You acknowledge and agree that the Beta Services are not at the level of performance or compatibility of a final, generally available product offering. We are under no obligation to provide technical support with regards to the Beta Services (but may do so at our discretion), and we provide no assurance that any specific errors or performance issues in the Beta Services will be corrected.
The Beta Services are made available to you for the purposes of evaluation, testing, and feedback, without any compensation or reimbursement of any kind from Hopin. You acknowledge the importance of communication between you and Hopin during your use of the Beta Services. During your use of the Beta Services, you will use commercially reasonable efforts to provide feedback regarding your use of the Beta Services. You acknowledge that Hopin owns any feedback provided, and you hereby grant to us a perpetual, non-revocable, royalty-free worldwide license to use and/or incorporate such feedback into any of our products or services at any time at our sole discretion. If we choose to use or publish such feedback, e.g. in our marketing materials, we will either do so in a way that does not identify you or your company, or seek your consent before identifying you in such materials.
4. Intellectual Property
You agree that we own all legal rights, title and interest in and to the Beta Services, including all intellectual property rights, and except for the license provided herein, no other rights or permissions to any of the Hopin products and/or services is granted.
Nothing herein gives you a right to use any of our trade names, trademarks, service marks, logos, domain names, and other distinctive brand features, nor is any such right granted to us. Except to the extent permitted by law, you may not modify, distribute, prepare derivative works of, reverse engineer, reverse assemble, disassemble, decompile or otherwise attempt to decipher any code in connection with the Beta Services and/or any other aspect of Hopin technology, except as permitted by us.
Hopin respects the intellectual property rights of others and safety of others. If you believe the Beta Services have been used in a way that constitutes a violation of another party’s intellectual property or safety, please notify us as provided in our Terms of Service. We reserve the right to delete or disable any content and to terminate the use of the Beta Services for any such violations.
5. Modification Term and Termination
We reserve the right to modify or terminate the Beta Services, or your use of the Beta Services, and to limit or deny access to the Beta Services at any time, in our sole discretion, for any reason, with or without notice, and without liability to you or any other third party. Hopin reserves the right to start charging or revise fee amounts at any time, at its sole discretion. You may discontinue your use of the Beta Services at any time.
Upon termination, you will cease using the Beta Services. Likewise, if your Terms of Service are terminated, these Beta Terms will also terminate, subject to Section 12 below.
These Beta Terms will automatically terminate upon any breach by you (including any agents, employees, or officers of your applicable entity) of any of your obligations hereunder, including breach of confidentiality obligations. Your breach of any of your obligations under any Terms of Service or other agreement with Hopin may result in your immediate termination from use of other Beta Services.
In the event that you are no longer a Customer and/or user of Hopin’s products or services, your use of any Beta Service will automatically terminate.
6. Disclaimer of Warranties
YOU HEREBY ACKNOWLEDGE AND AGREE THAT THE BETA SERVICES ARE PROVIDED BY HOPIN ON AN “AS IS” BASIS AND AS AVAILABLE, AND YOUR ACCESS TO AND/OR USE OF THE HOPIN BETA SERVICES, IS AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, HOPIN EXPRESSLY DISCLAIMS ALL, AND YOU RECEIVE NO, WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. HOPIN MAKES NO WARRANTY THAT ANY OF THE SERVICES WILL MEET YOUR REQUIREMENTS AND/OR THAT THE BETA SERVICES WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE, NOR DOES HOPIN MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR THE ACCURACY OF ANY OTHER INFORMATION OBTAINED THROUGH THE SERVICES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ANY OF THE SERVICES IS DONE AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM AND/OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HOPIN OR THROUGH THE BETA SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
You agree to hold harmless and indemnify Hopin, 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 Terms, (ii) your use of the Beta Services, or (iii) your violation of applicable laws, rules or regulations in connection with the Beta Services.
8. Limitation of Liability
IN NO EVENT SHALL HOPIN OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, SPECIAL,CONSEQUENTIAL AND/OR INCIDENTAL LOSS, EXEMPLARY OR OTHER DAMAGES RELATED TO THESE BETA TERMS AND/OR WHETHER DIRECT OR INDIRECT: (i) LOSS OF DATA, (ii) LOSS OF INCOME, (iii) LOSS OF OPPORTUNITY, (iv) LOST PROFITS, AND (v) COSTS OF RECOVERY OR ANY OTHER DAMAGES, HOWEVER CAUSED AND BASED ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), VIOLATION OF STATUTE, OR OTHERWISE, AND WHETHER OR NOT HOPIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, HOPIN’S MAXIMUM LIABILITY HEREUNDER IS LIMITED TO $100.00. SOME JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You acknowledge and agree that: (i) the Beta Services constitute Confidential Information as defined in the Terms of Service (ii) that the successful market launch of commercial versions of the Beta Services requires you to keep all Hopin data and information discussed and/or made available through or contained in Beta Services, including, without limitation, the Beta Services, strictly confidential; (iii) the premature release of any of the Confidential Information would damage Hopin’s competitive and intellectual property interests; and (iv) and information about the Beta Services shall not be shared with anyone other than other authorized users of the Beta Services, which may include other Team Members (as defined in the Terms of Service), and such Team Members shall likewise be bound by the confidentiality obligations herein.
10. General Changes to Terms
We reserve the right to make changes to these Beta Terms from time to time and may or may not notify you in such an event. You understand and agree that if you use the Beta Services after the date on which the Beta Terms have changed, we will treat your use as acceptance of the updated Beta Terms.
11. Compliance with Laws
Both parties agree to comply with all applicable local, state, national ,and foreign laws, rules, and regulations, including, but not limited to, all applicable import and export laws and regulations governing use, transmission and/or communication of content, in connection with their performance, participation, access and/or use of the Beta Services.
Sections 2, 3,4 ,5 ,6, 8, and 9, 11 and 12 will survive the expiration or termination of this Agreement.
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