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Note: These Terms of Service are effective as of April 21, 2024.
Thank you for your participation in our Beta Launch Program!
Skigit's products and services are provided by Skigit, Inc. These Beta Terms of Service ("Terms") govern your access to and use of Skigit's website, products, and services ("Products") during our beta Launch period. Please read these Terms carefully, and if you have any questions. By accessing or using our Products, you agree to be bound by these Terms and by our Privacy Policy.
Translation:
Every company has its terms. These are ours.
1. Beta Product Testing Terms
These Beta Product Testing Terms ("Testing Terms") are made by and between the entity accepting these Testing Terms ("you") and Skigit, Inc. unless otherwise indicated below (as applicable, "we" or "us"), are effective as of the date you first accept them (whether via an online click-through, a signed agreement, or by using the Beta Product) (the "Effective Date"), and amend and supplement the Online Terms (as defined below). Some terms used in these Testing Terms are defined in the Online Terms.
2. Beta Products
From time to time, we may make available to you through an alpha or beta test certain Skigit Products or programs under these Testing Terms (each, a “Beta Product”). As between the parties, we retain exclusive ownership of each Beta Product. You agree that these Testing Terms are separate and independent agreements for each Beta Product. For purposes of clarity, any reference to an “alpha product,” “alpha program,” “beta product,” or “beta program” under an agreement that is subject to these Testing Terms is deemed to be a “Beta Product” under these Testing Terms.
3. Feedback
During the term of these Testing Terms, you will use commercially reasonable efforts to provide suggestions, comments or ideas and report issues or problems related to your use of the Beta Product (collectively, "feedback") to us on a timely basis or as otherwise agreed between you and us in writing using the Skigit bug report features found in the Beta Product). You agree not to disclose feedback to any third party and you assign to us all right, title and interest in and to any feedback, without any right to compensation or other obligation from us or, if such assignment is not permitted by law, you grant to us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide, perpetual license to use all feedback.
5. Confidentiality.
"Confidential Information" means any and all information disclosed by us to you, or accessed or provided by you, relating to a Beta Product, including your use of a Beta Product, the relationship contemplated in these Testing Terms, feedback, Platform Data, and the Product Terms, except to the extent made public by us. You agree that you: (a) will not use any Confidential Information other than as necessary to use or test a Beta Product under these Testing Terms; (b) will maintain Confidential Information in strict confidence and will use at least the same degree of care to protect it as you use to protect your own confidential information, but in no circumstances less than reasonable care; and (c) will not disclose the Confidential Information to any person or entity other than those who need access to such Confidential Information to effect the intent of these Testing Terms and who are bound by written confidentiality obligations at least as protective as those set forth in this section; provided, however, that you will remain responsible for each such person's or entity's compliance with and breach of the confidentiality terms herein. You will not make any public announcements related to a Beta Product without our prior written approval, which we may grant or withhold in our sole discretion. This confidentiality provision supersedes any prior agreements between the parties solely with respect to Confidential Information under these Testing Terms.
6. Product Terms.
Product-specific terms and policies may also apply to your use of the Beta Product (the "Product Terms"). If applicable, the Product Terms will be made available to you (online or, prior to being made available online, as separately provided to you) and will apply to your use of the Beta Product (in addition to these Testing Terms). For clarity, once we post Product Terms online (as a link within the Platform Terms, in other supplemental terms, or otherwise), the online version of such Product Terms will supersede any prior versions provided to you. By continuing to access, test, or use the Beta Product after any modification to the applicable Product Terms, you agree to be bound by them. By joining Skigit’s Beta Launch program you, the first one hundred users to join may be eligible to receive a free gift from Skigit. In order to be eligible to receive the free gift, you agree to:
7 Gift Eligibility
By joining Skigit’s Beta Launch program you, the first one hundred users to join may be eligible to receive a free gift from Skigit. In order to be eligible to receive the free gift, you agree to:
8. Applicable Terms
. You agree that: (a) in addition to these Testing Terms and any applicable Product Terms, your use of the Beta Product is subject to the following: Skigit Terms of Service, Skigit Privacy Policy, Skigit Copyright Policy, Skigit Acceptable User Policy and Skigit Business Terms of Service (applies to Business users only), as made available to you, online or otherwise, and all of our other applicable online terms and policies (collectively, the "Online Terms"); (b) you will comply with these Testing Terms, any applicable Product Terms, the Online Terms, and any other technical or product documentation we make available to you (online or otherwise) in connection with your use of the Beta Product; and (c) without limiting the Online Terms, you will make your technical integration with us (including any code, APIs, SDKs, tools, plugins, bots, websites, applications, specifications, and other technology made available by you or on your behalf in connection with your integration with us) available to us for our approval (in our sole discretion) prior to making the technical integration publicly available. For clarity, any data, content or information made available by you or on your behalf in connection with the Beta Product is subject to the Online Terms. In connection with the Beta Product, we are not subject to any terms or policies you make available to us that are associated with your integration with us (even if we clicked through), such terms and policies are deemed null and void with respect to Skigit, and the parties agree that any such terms are expressly rejected and excluded from these Testing Terms.
9. Limitation of Liability.
YOU AGREE THAT THE LIMITATION OF LIABILITY IN THE ONLINE TERMS APPLIES TO YOUR USE OF THE BETA PRODUCT, EXCEPT THAT OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO ANY ACCESS TO, TESTING OF OR USE OF THE BETA PRODUCT OR THESE TESTING TERMS SHALL NOT EXCEED TEN DOLLARS ($10).
10. Expenses
Unless otherwise agreed to by you and Skigit, you and Skigit are each solely responsible for its own costs and expenses incurred in connection with the Beta Product, and you will be solely responsible for supplying at your own cost any necessary equipment, materials, and other resources as may be required in your testing of, access to, or use of the Beta Product.
11. Disclaimer
Since each Beta Product is still in a testing phase, it may contain errors and, in addition to the disclaimers in the Online Terms, you agree that the Beta Product and any data we provide you in connection with your use of the Beta Product are provided "AS IS" and "AS AVAILABLE." You understand and agree that we may change, withdraw, terminate your access to, testing of and/or use of, or discontinue a Beta Product (or any portion thereof) at any time and in our sole discretion, with or without notice to you.
12. Miscellaneous
If these Testing Terms conflict with the Online Terms or Product Terms, these Testing Terms, followed by the Product Terms and then the Online Terms, will govern with respect to your use of the Beta Product to the extent of the conflict. Notwithstanding the foregoing, the Online Terms (unmodified by these Testing Terms) continue to apply to your use of any Skigit Products other than the Beta Product even if the use of the Skigit Products is in connection with the use of the Beta Product. The term "including" means including without limitation. We may modify these Testing Terms at any time, and by continuing to access, test, or use the Beta Product after any modification to these Testing Terms, you agree to be bound by them.
