IMPORTANT: THE BETA SERVICE (AS DEFINED BELOW) IS STILL UNDER DEVELOPMENT AND TESTING. IF YOU HAVE A PRODUCTION VERSION OF ANY LAYERSTACK PRODUCT OR SERVICE, THE APPLICABLE AGREEMENT AVAILABLE AT https://www.layerstack.com/legal WILL CONTINUE TO GOVERN YOUR USE OF SUCH PRODUCT OR SERVICE, AND THIS BETA AGREEMENT WILL APPLY SPECIFICALLY TO THE BETA SERVICE AS ADDITIONAL TERMS.
BY USING THE BETA SERVICE AFTER NOTICE OF THIS AGREEMENT OR BY CLICKING OR CHECKING A BOX INDICATING YOUR ACCEPTANCE OF OR ASSENT TO THE TERMS OF THIS AGREEMENT, CUSTOMER AGREES TO ALL OF THE TERMS OF THIS AGREEMENT.
YOU ALSO HEREBY ACKNOWLEDGE THAT LAYERSTACK HAS NOT MADE ANY REPRESENTATIONS, PROMISES OR GUARANTEES THAT THE BETA SERVICE WILL EVER BE ANNOUNCED OR MADE AVAILABLE TO ANYONE IN THE FUTURE AND THAT LAYERSTACK HAS NO EXPRESS OR IMPLIED OBLIGATION TO YOU TO ANNOUNCE OR INTRODUCE THE BETA SERVICE. LAYERSTACK MAY DISCONTINUE ANY BETA SERVICE AT ANY TIME, IN ITS SOLE DISCRETION, WITH OR WITHOUT NOTICE.
“BETA Service” means Participant’s (as a BETA tester) testing and evaluation of the LayerStack’s cloud servers and LayerPanel BETA (The new cloud control panel) in a non-production environment for its internal purposes only. Participant acknowledges that the BETA Service is still under development and testing and that LayerStack has not made the BETA Service generally available as a formal LayerStack product or service.
1.1 Use of BETA Service is entirely at your own risk. should BETA Service prove defective, you assume the cost of all necessary maintenance, servicing or repair and is without Service Level Agreement implied or otherwise. it is therefore your responsibility to take adequate precaution against possible damages resulting from the use of BETA Service. BETA Service should under no circumstances be used on sensitive and/or valuable data. if you are in any doubt, please do not use BETA Service.
1.2 We expressly represent that BETA Service is not a final product and, as such, may contain various errors, defects and it may be unstable. We do not recommend you apply BETA Service during full or everyday operation.
Participant acknowledges that as a BETA tester, Participant may have access to, and LayerStack may disclose to Participant, certain LayerStack confidential information (including, without limitation, the BETA Testing Materials, product information, new product plans, sales and marketing plans, pricing information, and documents) related to LayerStack’s BETA-tested products or services. All confidential information that the Participant deems to be confidential about its current, previous or future business, whether written or oral, and in any form (including, without limitation, cloud control panel (in source or object code), processes, information related to the LayerStack’s business.) In addition, Participant agrees to treat any communications and reports prepared in Participant’s capacity as a tester during the agreed-upon BETA test as Confidential Information and will not divulge the existence or content of such communications or reports to any third party without LayerStack’s prior written consent.
LayerStack may, in its sole discretion, provide Participant with certain support and consultation services with respect to the BETA service free of charge to assist in the evaluation and testing activities under this Agreement; provided, however, that LayerStack is not obligated to correct any bugs, defects, or errors in the BETA service or otherwise support or maintain the BETA service. LayerStack may discontinue any support or consulting services at any time.
In no event will LayerStack be liable for any loss of use, lost data, failure of security mechanisms, interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits), regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise, even if informed of the possibility of such damages in advance.
You will give LayerStack feedback about BETA Service consisting of, without limitation, your suggestions, comments or any other feedback, whether it is required or provided on a voluntary basis (“Feedback”). If you provide LayerStack with any Feedback, as part of the testing and evaluation of BETA Service, you agree that: (a) LayerStack may freely use, disclose, reproduce, license, distribute and otherwise commercialize the Feedback in any LayerStack product, specification or other documentation; and (b) you will not give LayerStack any Feedback (i) that you have reason to believe is subject to any patent, copyright, or other intellectual property claim or right of any third party; or (ii) that is subject to licence terms that seek to require any LayerStack product incorporating or derived from any Feedback, or other LayerStack intellectual property, to be licensed to or otherwise shared with any third party.
LayerStack reserves the right to make changes to the Terms from time to time, and will not notify you in such an event. You understand and agree that if you use the BETA Service after the date on which the Terms have changed, LayerStack will treat your use as acceptance of the updated Terms.
You may use the Service pursuant to these terms during any period when the Beta Program is live, the applicable agreement available at https://www.layerstack.com/legal will continue to govern your use of such product or service. When a Beta Program is not live, you will no longer have access to the BETA Services. LayerStack reserves the right to modify or impose any limitations on the use of the BETA Services at any time, with or without notice to you.
This Agreement is effective until terminated. Beta Tester may terminate this Agreement at any time by notifying LayerStack of their intention to terminate this Agreement. LayerStack may terminate this Agreement at its sole discretion for any reason or no reason. In such event, Beta Tester must immediately terminate the BETA services from LayerStack.