Between 1 Button Business LLC, a Florida limited liability company ("Company"), and the undersigned beta tester ("Tester").
How this is accepted
Checking the consent box when you create your 1BB account is your electronic signature on this Agreement. The date you accept is the Effective Date, and we record it with a timestamp on your account. This Agreement applies to beta-program participants.
Company may provide Tester with access to certain pre-release products, software, features, documentation, and related materials (collectively, the "Beta Product") solely for Tester's evaluation and feedback. In connection with that evaluation, Company may disclose Confidential Information (as defined below) to Tester, and the parties wish to enter into this Agreement to govern Tester's use of the Beta Product and Confidential Information. In consideration of Tester's access to the Beta Product, the parties agree as follows.
"Confidential Information" means non-public information disclosed or made available by Company, whether in written, oral, visual, electronic, or other form, including (i) the Beta Product, its existence, features, functionality, performance, design, documentation, screenshots, and test results, (ii) business, financial, and technical information, and (iii) the terms of this Agreement. Confidential Information does not include information evidenced by competent written proof which: (i) was lawfully known by Tester before disclosure by Company; (ii) becomes publicly available through no breach of this Agreement; (iii) is lawfully received from a third party without restriction and without breach of any duty; or (iv) is independently developed by Tester without use of or reference to Company's Confidential Information.
Tester may use the Beta Product and Confidential Information solely to evaluate the Beta Product and provide feedback to Company. Tester shall not use the Beta Product or Confidential Information for any other purpose.
Tester shall not, and shall not permit any third party to: (i) copy, modify, or distribute the Beta Product except as authorized by Company; (ii) reverse engineer, decompile, disassemble, or attempt to derive source code or underlying ideas from the Beta Product, except to the extent such restriction is prohibited by applicable law; (iii) share access credentials or provide access to any other person; or (iv) publish, post, or disclose any reviews, screenshots, performance information, or benchmark results relating to the Beta Product without Company's prior written consent.
Tester shall protect the Confidential Information using at least reasonable care and shall not disclose it except to Tester's employees or contractors, if any, who have a need to know for the permitted purpose and are bound by confidentiality obligations at least as protective as this Agreement. Tester shall promptly notify Company of any unauthorized use or disclosure.
The Beta Product and all Confidential Information are and shall remain the exclusive property of Company and its licensors. Except for the limited right to use the Beta Product for evaluation under this Agreement, no license or other rights are granted to Tester by implication or otherwise.
Tester may provide comments, suggestions, ideas, or other feedback regarding the Beta Product ("Feedback"). Tester grants Company a perpetual, irrevocable, worldwide, royalty-free right to use, modify, and incorporate Feedback for any purpose, without compensation or attribution to Tester.
Upon Company's request, or upon termination of Tester's participation in the beta program, Tester shall cease all use of the Beta Product and return or permanently destroy all Confidential Information in Tester's possession or control, including all copies. Notwithstanding such return or destruction, Tester will continue to be bound by its obligations under this Agreement.
This Agreement will be governed by and construed in accordance with the laws of the State of Florida without regard to principles of conflicts of law. The parties hereby irrevocably submit to the exclusive jurisdiction of the federal or state courts sitting in Pinellas County, Florida, and hereby agree that any such court shall be a proper forum for the determination of any dispute arising hereunder.
If Tester is required by law, court order, or governmental process to disclose Confidential Information, Tester shall, if legally permitted, promptly notify Company and reasonably cooperate, at Company's expense, in seeking confidential treatment or a protective order. Tester may disclose only the portion legally required.
This Agreement begins on the Effective Date and continues until terminated by either party upon written notice. Company may suspend or terminate Tester's access to the Beta Product at any time. Tester's confidentiality, use restriction, ownership, feedback, disclaimer, limitation of liability, and equitable relief obligations survive termination; confidentiality obligations continue for three (3) years after termination, except for trade secrets, which remain protected so long as they remain trade secrets under applicable law.
The Beta Product is provided for evaluation only. Company is not obligated to make the Beta Product generally available, continue development, or provide support, maintenance, or updates. THE BETA PRODUCT IS PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, PROFITS, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THE BETA PRODUCT OR THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Tester acknowledges that unauthorized use or disclosure of the Beta Product or Confidential Information may cause irreparable harm for which monetary damages would be inadequate, and Company shall be entitled to seek injunctive or equitable relief, in addition to any other available remedies.
If any one or more provisions of this Agreement are declared void or otherwise unenforceable, such provisions shall be declared separate from this Agreement and this Agreement will otherwise remain in full force and effect. This Agreement, together with the 1BB Terms of Service it accompanies, constitutes the entire agreement and understanding of the parties with respect to its subject matter and supersedes all prior discussions and agreements, oral or written, relating to that subject matter.
Questions about this Agreement: hello@1bbcommunity.com · 1 Button Business LLC