Beta Testing Program Terms and Conditions

Last Updated: 01/11/2024

Welcome to the Beta Testing Program of www.499.ai & www.499yachts.com (“Service”). By participating in this beta testing program, you (“User” or “Tester”) agree to these Terms and Conditions (“Terms”). If you do not agree to these Terms, please do not participate in the beta testing program.

1. Introduction

• The Service is currently in a beta testing phase, which means it is still under development. Features, functionality, and performance may vary, and there may be bugs, errors, and interruptions.
• These Terms apply specifically to your participation in the beta testing program. They are supplementary to any other terms that may apply to the Service in the future.

2. Eligibility

• To participate in the beta testing program, you must be at least 18 years old or have the permission of a legal guardian.
• Participation is by invitation only and may be revoked at any time at our discretion.

3. Beta Program Participation

• Your participation is voluntary, and you agree to provide honest and constructive feedback to help improve the Service.
• You agree that feedback, suggestions, and recommendations you provide are given without any compensation or rights to any resulting improvements.
• We reserve the right to modify, suspend, or terminate your participation in the beta testing program at any time without notice.

4. Use of the Service

• The Service is provided “as-is” and may include errors, bugs, and incomplete features. You understand that it is not a final product.
• You agree not to use the Service for any commercial purpose or in any production environment.

5. Confidentiality and Non-Disclosure

• Confidential Information: Tester acknowledges that during participation in the Beta Program, they may have access to confidential and proprietary information, including but not limited to software, features, functionalities, data, documents, designs, technical specifications, performance data, feedback, and any other information marked as confidential, or which should reasonably be understood as confidential (“Confidential Information”).
• Non-Disclosure Obligations: Tester agrees not to disclose, publish, or disseminate any Confidential Information to any third party without prior written consent. Tester agrees to use the Confidential Information solely for the purposes of testing and providing feedback on the Service.
• Protection of Confidential Information: Tester shall take all reasonable measures to protect the confidentiality of the Confidential Information with at least the same degree of care that Tester uses to protect their own confidential information of a similar nature, but in no event less than a reasonable degree of care.
• Exceptions: The obligations of confidentiality shall not apply to information that (a) is or becomes publicly available without breach of these Terms by the Tester, (b) is rightfully received from a third party without breach of any obligation of confidentiality, or (c) is required to be disclosed by law, provided that Tester gives prompt notice of such requirement and cooperates with any efforts to limit the disclosure.
• No Ownership Rights: Confidential Information remains the sole property of www.499.ai & www.499yachts.com, and Tester does not acquire any rights in the Confidential Information except as expressly set forth in these Terms.

6. Testing Environment and Features

• The Service may be updated frequently, and features may be added, removed, or modified without notice.
• We are not obligated to maintain backward compatibility between updates, and data resets may occur during the beta phase.

7. Intellectual Property Rights

• All intellectual property rights in and to the Service, including but not limited to software, text, images, graphics, logos, trademarks, and other content, are owned by us or our licensors.
• You are granted a limited, non-exclusive, non-transferable, revocable license to use the Service solely for the purpose of participating in the beta testing program as outlined in these Terms.
• You agree not to copy, modify, distribute, create derivative works, reverse engineer, decompile, or otherwise attempt to extract the source code of the Service, except as expressly permitted by applicable law.
• Any feedback, suggestions, or improvements provided by you regarding the Service do not grant you any rights in the Service and may be used without restriction.

8. AI Use

• Description of AI Integration: The Service incorporates artificial intelligence (AI) to provide features such as document analysis, compliance checks, and automated responses. The AI functionalities are designed to assist users by offering insights, suggestions, and information based on the data provided.

• AI Limitations: The AI functionalities within the Service are based on algorithms and data models that may not always be accurate, complete, or up to date. AI-generated outputs are for informational purposes only and should not be solely relied upon for decision-making. Users are responsible for verifying the accuracy and suitability of any AI-generated information.

• Data Handling and AI Learning: By participating in the beta program, you agree that your data, including inputs and interactions with the AI, may be used to improve the AI models. Data used for AI learning is anonymized wherever possible and handled in accordance with our Privacy Policy. We take reasonable measures to ensure the security and privacy of your data during this process.

• User Responsibility: You understand that the AI outputs are suggestions and not definitive advice. You must independently verify and validate AI-generated results, especially when used for critical compliance, business, or personal decisions. We are not liable for any decisions made based on AI outputs.

• Prohibited Use of AI: You agree not to input sensitive, personally identifiable, or confidential information into the AI-driven functionalities of the Service. Any misuse of the AI features, including attempts to exploit or manipulate the AI for unauthorized purposes, is strictly prohibited and may result in termination of your access to the beta program.

9. Security

• You are responsible for maintaining the confidentiality of your account information, including your username and password, and for all activities that occur under your account.
• You agree to immediately notify us of any unauthorized use of your account or any other breach of security.
• We strive to implement reasonable security measures to protect your data; however, you acknowledge that no method of transmission over the internet or electronic storage is 100% secure, and we cannot guarantee absolute security.

10. Disclaimer of Warranties

• The Service is provided “as-is” without any warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and noninfringement.
• You acknowledge that the Service is experimental, and use is at your own risk.

11. Limitation of Liability

• To the maximum extent permitted by law, we shall not be liable for any direct, indirect, incidental, consequential, or special damages arising out of or in connection with your use of the Service.
• You acknowledge that the Service is in a testing phase and agree to hold us harmless from any loss or damage to data or information resulting from your participation.

12. Indemnification

• You agree to indemnify, defend, and hold harmless www.499.ai & www.499yachts.com, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that arise from your use of the Service, your breach of these Terms, or your violation of any law or the rights of a third party.
• This indemnification obligation will survive the termination or expiration of these Terms and your use of the Service.

13. Feedback and Suggestions

• Any feedback or suggestions you provide regarding the Service are entirely voluntary. You grant us a perpetual, irrevocable, royalty-free license to use, modify, and incorporate your feedback without any obligation to you.

14. Termination

• Your access to the Service may be terminated at any time without notice for any reason.
• Upon termination, all licenses and rights granted to you in connection with the beta testing program will immediately cease.

15. Changes to the Beta Program

• We reserve the right to change, suspend, or discontinue the beta testing program, including any features or content, at any time without notice.

16. Data Handling and Privacy

• Your data may be collected, processed, and stored during the beta phase for testing purposes. Data loss may occur, and you should not use the Service for storing critical or sensitive information.
• Our Privacy Policy governs how your data is handled during the beta testing phase.

17. Governing Law

• These Terms shall be governed by and construed in accordance with the laws of England & Wales, without regard to its conflict of law principles.

18. No Obligation for Support or Future Release

• During your participation in the Beta Program, we are not obligated to provide you with any maintenance, technical, or other support for the beta version of the Service.
• You acknowledge that we have no express or implied obligation to announce or make available a commercial version of the beta software to anyone in the future.
• Should a commercial version be made available, it may have features, functionality, or performance characteristics that are different from those found in the beta version.

19. No Assignment

• This Agreement is personal to the Tester. Tester shall not assign, transfer, or delegate any rights or obligations under this Agreement without prior written consent.
• Any attempted assignment or transfer of this Agreement without such consent will be null and void and may result in immediate termination of your participation in the Beta Program.

20. Contact Information

• If you have any questions or concerns regarding these Terms, please contact us at support@499.ai.