Last modified: July 24, 2020

Beta Product Testing Terms

Introduction

The Terms (defined below) and these Beta Product Testing Terms ("Beta Terms") are made by and between the entity accepting these Beta Terms ("you") and Outreach Corporation (as applicable "we" or "us"), and are effective as of the date you accept them (whether via an online click-through or a signed agreement or by using the Beta Product) (the "Effective Date").

1. General Terms

From time to time, we may test new products and make them available to you under these Beta Terms (each, the "Beta Product"). You agree that these Beta Terms are separate and independent agreements for each such Beta Product.

2. Beta Test Participation

As the Beta Product is still in a testing phase, it is likely to contain errors. In addition to the disclaimers in the Terms, you agree that the Beta Product is 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 the Beta Product (or any portion thereof) at any time and in our sole discretion. Outreach may collect, use and analyze general information and data from your use of the Beta Product for purposes of improving and enhancing the quality and nature of the Beta Product, or to market or publish aggregated and anonymized general information and statistics. Outreach may also share certain data with subprocessors during the term of these Beta Terms to improve and enhance the quality of the services. Additionally, Outreach may collect data from your public facing website to improve and enhance the quality of the services. During the term of these Beta 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") via The Peak (as further defined below) to us in a timely basis or as otherwise agreed between the parties in writing (email will suffice). You agree not to disclose feedback to any third party and hereby assign to us all right, title and interest in and to any feedback, without any right to compensation or other obligation from us. In addition to feedback, you may also be asked to provide a testimonial or quote to be made publicly available; participate in a case study which may be disseminated per Outreach’s discretion; or participate in webinars or customer summits.

3. Confidentiality

"Confidential Information" means any and all information disclosed by us to you, or accessed or provided by you, relating to the Beta Product, including your use thereof, the relationship contemplated herein, feedback, and the Product Terms (defined below), 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 the Beta Product hereunder; (b) will maintain Confidential Information in strict confidence and will use 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 Beta 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 the 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 hereunder.

4. Term

With respect to each Beta Product, the term of these Beta Terms will begin on the Effective Date and will continue until the end of the testing of such Beta Product, which occurs on the earlier of (i) the date specified by us in our sole discretion or otherwise agreed to between the parties in writing (unless earlier terminated, after which you will cease use of such Beta Product), or (ii) the date we (in our sole discretion) make such Beta Product generally publicly available (after which any permitted use is subject to our Terms and not these Beta Terms). These Beta Terms as applied to each Beta Product may be terminated by either party: (a) with cause immediately upon written notice to the other party; or (b) without cause upon thirty (30) days' prior written notice to the other party. Sections 2, 3, 4 and 6 of these Beta Terms and the provisions of the Terms, will survive any termination or expiration of these Beta Terms.

5. The Peak

By using the Beta Product you agree that all of your Beta Product users will be enrolled in The Peak, Outreach’s community of team members, customers and experts, in order to receive communications about the Beta Product and to provide Feedback to Outreach about your use of the Beta Product.

6. Miscellaneous

You agree that your use of the Beta Product is subject to our Terms of Service which can be found at www.outreach.io/terms (or subject to a separately executed Master Services Agreement, as applicable), and all of our other applicable supplemental terms (collectively, the "Terms") and these Beta Terms. These Beta Terms are supplemental terms to any other Terms that are agreed to between you and Outreach (as applicable). For clarity, to the extent the Beta Terms conflict with the Terms (as applicable), the Beta Terms will govern with respect to your use of the Beta Product to the extent of the conflict. As between the parties, we retain exclusive ownership of the Beta Product. Notwithstanding the foregoing, the Terms (unmodified by these Beta Terms) continue to apply to your use of any products other than the Beta Product even if use thereof is in connection with the Beta Product. Any terms used but not defined herein have the meaning given in the Terms. The term "including" means including without limitation. Notwithstanding (and in further limitation of) the liability cap in the Terms, OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO ANY ACCESS TO, TESTING OF OR USE OF THE BETA PRODUCT OR THESE BETA TERMS SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100). We may make changes to the Beta Terms and by continuing to access or use the Beta Product after any update to the Beta Terms, you agree to be bound by them. These Beta Terms and any updated Beta Terms can be found at www.outreach.io/beta-terms.

7. Publicity

At Outreach’s sole discretion, Outreach may identify you as a user of the Beta Product on its website or in promotional or marketing materials.