Beta Program Terms
Last Updated: October 9, 2020
Thank you for participating in the Atomic Loans Inc.’s (“Atomic Loans”, “we”, “our”, or “us”) Beta Program. These Beta Program Terms (“Terms”) apply to and govern the participation of all users (“Users”, “you”, and “your”) in any or all of public or private beta programs (“Beta Program”) and use of Atomic Loans’ Beta Services (“Beta Services”). In order to participate in a Beta Program or use Beta Services, you must agree to these Terms.
The Beta Services may be a separate, stand-alone service, accessible apart from the currently available Services or may be a feature or functionality for existing 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 Terms we grant you a non-exclusive, limited, non-transferable, non-sublicensable and freely revocable license to use the Beta Services.
The Beta Services are made available to you for the purposes of evaluation and feedback without any compensation or reimbursement of any kind from Atomic Loans. You acknowledge the importance of communication between you and Atomic Loans during your use of the Beta Services and agree to receive related correspondence and updates from us. In the event you request to opt out from such communications, your participation in the Beta Program will be terminated, and your use of the applicable Beta Services will likewise be discontinued.
As part of using the Beta Services, you will be asked to provide comments, feedback or ideas regarding your use of the Beta Services (“Ideas”). You agree that (a) we own any Ideas provided, (b) you hereby grant to us, if for any reason it is further needed, a perpetual, worldwide, royalty-free, irrevocable, transferable, sublicensable, non-exclusive and fully paid-up right to copy, use, reproduce, modify, adapt, publish, create derivative works from, translate, transmit, display, distribute, market, promote, sell or offer for sale, rent or lease such information or materials or any portions thereof (including any ideas for new products or Services or modifications to existing products or Services) and/or products or Services which practice or embody, or are configured for use in practicing, such information or materials or any portion thereof, in any form or medium known or later developed, (c) we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone and (d) you will have no claim against for any actual or alleged infringement of any proprietary rights, rights of privacy or publicity, moral rights or rights of attribution in connection with our use of any Ideas you provide. If we chose to publish any Ideas, we will either do so in a way that does not identify you or seek your consent in the event we do wish to identify you.
We may also monitor how you use the Beta Services and use that information to improve the Beta Services or our other products and services.
You agree that we own all legal rights, title and interest in and to the Beta Program and the Beta Services, including all intellectual property rights, and except for the license provided herein, no other rights or permissions to any of the 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. You shall not modify, make derivative works of, disassemble, distribute, reverse compile, 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 our technology, except as permitted in writing by us.
These Terms will remain in effect for as long as you use the Beta Services. Either party may terminate these Terms before the end of your participation in the applicable Beta Program for any reason or no reason upon written notice to the other party. Upon termination, you will cease using the Beta Services.
These Terms will automatically terminate upon any breach by you of any of your obligations hereunder including breach of confidentiality obligations. Your breach of any of your obligations under the Terms may result in your immediate termination from use of other Beta Services or participation in any other Beta Programs.
Modification and Termination
We reserve the right to modify or terminate the Beta Program or the Beta Services, or your use of the Beta Services, to limit or deny access to the Beta Services and/or participation in the Beta Program, at any time, in our sole discretion, for any reason, with or without notice and without liability to you. You may discontinue your use of the Beta Services and/or your participation in the Beta Program at any time.
By accepting these Terms or using the Beta Services, you understand and acknowledge that the Beta Services are being provided as a “Beta” version and made available on an “as is” or “as available” basis. The Beta Services may contain bugs, errors, and other problems. Use of the Beta Services is at your own risk. To the maximum extent permitted by applicable law, the Beta Services are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from Atomic Loans and/or our suppliers, partners, licensors, dealers, representatives, associates or affiliates, and each of their respective employees, contractors, agents, representatives, shareholders, officers and directors (collectively, the “Atomic Loans Parties”) or through the Beta Services will create any warranty not expressly stated herein. Without limiting the foregoing, the Atomic Loans Parties do not warrant that the content is accurate, reliable or correct; that the Beta Services will meet your requirements; that the Beta Services will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Beta Services are free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Beta Services is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Beta Services.
You expressly agree that you assume all risk in connection with your access and use of the Beta Services. You also agree that to the maximum extent permitted by applicable law, in no event shall any Atomic Loans Party be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Beta Services. Under no circumstances will any Atomic Loans Party be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Beta Services or the information contained therein. To the maximum extent permitted by applicable law, Atomic Loans assumes no liability or responsibility for any (a) errors, mistakes, or inaccuracies of content; (b) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Beta Services; (c) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (d) any interruption or cessation of transmission to or from the Beta Services; (e) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Beta Services by any third party; and/or (f) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Beta Services. You agree that if, notwithstanding the other provisions of these Terms, an Atomic Loans Party is found to be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs, such Atomic Loans Party’s liability shall in no event exceed the amount of CAD$50.
You agree to defend, indemnify and hold harmless the Atomic Loans Parties from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to lawyer’s fees and disbursements) arising from: (i) your breach of the Terms, (ii) your use of the Beta Services and/or your participation in the Beta Program(s), or (iii) your violation of applicable laws, rules or regulations in connection with the Beta Services.
You acknowledge and agree that: (i) the Beta Program and Beta Services constitute confidential information of Atomic Loans; (ii) the successful market launch of commercial versions of the Beta Services requires you to keep all our data and information discussed and/or made available through or contained in the Beta Program, including, without limitation, the Beta Services strictly confidential; (iii) the premature release of any of such confidential information would damage our competitive and intellectual property interests; and (iv) information about the Beta Services shall not be shared with anyone other than other authorized users of the Beta Services.
You understand and agree that money damages would not be a sufficient remedy for any breach of this duty of confidentiality by you and that, in addition to all other remedies, we shall be entitled to specific performance or injunctive or other equitable relief as a remedy for any such breach.
Changes to Terms
We reserve the right to make changes to these 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 Terms have changed, we will treat your use as acceptance of the updated Terms.
Compliance with Laws
You agree to comply with all applicable local, provincial, state, federal, 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 or Beta Program.
Sections 3, 6, 7, 8, 9 survive the expiration or termination of these Terms.