Beta Testing Agreement.

Effective Date: INSERT DATE

IMPORTANT NOTICE

THIS AGREEMENT GOVERNS YOUR PARTICIPATION IN THE BETA TESTING OF BREEZE CLE. THE BETA VERSION IS PRE-RELEASE SOFTWARE THAT MAY CONTAIN ERRORS, BUGS, AND MAY NOT FUNCTION PROPERLY. BY PARTICIPATING IN THE BETA TESTING PROGRAM, YOU ACKNOWLEDGE THESE RISKS AND AGREE TO THE TERMS BELOW.

1. PARTIES AND BACKGROUND

This Beta Testing Agreement ("Agreement") is entered into between:

Company: INSERT LEGAL ENTITY NAME, a INSERT ENTITY TYPE ("Company," "we," "us," or "our")

Beta Tester: You ("Tester," "you," or "your")

Background: Company is developing Breeze CLE, a continuing legal education tracking mobile application (the "Beta Software"). Company wishes to conduct beta testing through Apple's TestFlight program to evaluate the Beta Software before public release.

2. BETA TESTING PROGRAM

2.1 Purpose

The purpose of this beta testing is to:

  • Identify bugs, errors, and technical issues

  • Evaluate user experience and interface

  • Test features and functionality

  • Gather feedback for improvement

  • Assess performance across different devices and conditions

 

 

2.2 Beta Period

The beta testing period begins on INSERT START DATE and continues until INSERT: specific end date / terminated by Company / public release of the Software.

Company may extend, shorten, or terminate the beta testing program at any time without notice.

2.3 Participation

Your participation in the beta testing program is:

  • Voluntary

  • Unpaid (you will receive no compensation)

  • Revocable at any time by either party

  • Subject to availability (Company may limit the number of testers)

3. GRANT OF LICENSE

3.1 Limited Testing License

Company grants you a limited, non-exclusive, non-transferable, revocable license to:

  • Download and install the Beta Software on your compatible Apple device(s)

  • Use the Beta Software solely for testing and evaluation purposes

  • Provide feedback to Company during the beta period

3.2 Restrictions

This license is subject to all restrictions in Section 4 below. The Beta Software is provided solely for testing and must not be used for:

  • Production or commercial use

  • Professional CLE compliance tracking (use official records)

  • Any purpose other than testing and providing feedback

4. RESTRICTIONS AND OBLIGATIONS

4.1 Prohibited Activities

You agree NOT to:

  • Use the Beta Software for actual CLE compliance tracking

  • Rely on the Beta Software for any professional obligations

  • Distribute, share, or transfer the Beta Software to third parties

  • Reverse engineer, decompile, or disassemble the Beta Software

  • Remove or alter any proprietary notices

  • Use the Beta Software in violation of applicable laws

  • Attempt to circumvent security features or access controls

  • Use automated testing tools without Company's consent

  • Post Beta Software or screenshots publicly without Company's consent

  • Share your TestFlight invitation or access codes

4.2 Feedback Obligations

You agree to:

  • Actively test the Beta Software's features and functionality

  • Promptly report any bugs, errors, crashes, or issues you encounter

  • Provide honest and constructive feedback

  • Use the designated feedback channels: INSERT: email address, in-app feedback tool, bug reporting platform

  • Respond to Company's requests for additional information or clarification

  • Complete surveys or questionnaires

  • Participate in user interviews

4.3 Bug Reporting

When reporting bugs or issues, please provide:

  • Detailed description of the problem

  • Steps to reproduce the issue

  • Device model and iOS version

  • Screenshots or screen recordings (if applicable)

  • Any error messages displayed

  • Expected vs. actual behavior

5. PRE-RELEASE SOFTWARE DISCLAIMERS

5.1 Beta Software Status

YOU ACKNOWLEDGE AND AGREE THAT:

  • The Beta Software is PRE-RELEASE, INCOMPLETE, and UNDER DEVELOPMENT

  • The Beta Software WILL CONTAIN ERRORS, BUGS, AND DEFECTS

  • The Beta Software may MALFUNCTION, CRASH, or cause DATA LOSS

  • Features may be ADDED, MODIFIED, or REMOVED without notice

  • The Beta Software may not perform as intended or as described

  • The final released version may differ substantially from the Beta Software

5.2 No Warranty

THE BETA SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING:

  • Warranties of merchantability

  • Warranties of fitness for a particular purpose

  • Warranties of non-infringement

  • Warranties of accuracy or reliability

  • Warranties that the Beta Software will be error-free or uninterrupted

  • Warranties that bugs or defects will be corrected

5.3 Not for Production Use

CRITICAL: THE BETA SOFTWARE IS NOT INTENDED FOR PRODUCTION USE OR RELIANCE ON CLE COMPLIANCE.

  • Do NOT rely on the Beta Software for tracking actual CLE requirements

  • Do NOT use the Beta Software as your primary CLE tracking tool

  • Do NOT assume that data entered in the Beta Software will be preserved or migrated to the released version

  • Maintain separate, official records of your CLE activities

5.4 Data Loss Risk

YOU ACKNOWLEDGE THAT:

  • Data entered into the Beta Software may be lost, corrupted, or deleted

  • Company makes no commitment to preserve beta testing data

  • You should NOT input sensitive, critical, or irreplaceable data

  • Company is not responsible for any data loss during beta testing

6. CONFIDENTIALITY

6.1 Confidential Information

The following information is confidential and proprietary to Company ("Confidential Information"):

  • The Beta Software itself (code, design, features, functionality)

  • All information about the Beta Software's capabilities and limitations

  • Screenshots, images, videos, or recordings of the Beta Software

  • Bug reports and technical information you provide

  • Company's plans, roadmaps, and timelines for the Beta Software

  • Any non-public information disclosed by Company during beta testing

  • The existence and results of the beta testing program

6.2 Non-Disclosure Obligations

You agree to:

  • Keep all Confidential Information strictly confidential

  • NOT disclose Confidential Information to any third parties

  • NOT post screenshots, videos, or descriptions of the Beta Software on social media, forums, blogs, or other public platforms without Company's prior written consent

  • NOT discuss the Beta Software publicly or in professional settings

  • Use Confidential Information solely for beta testing purposes

  • Protect Confidential Information with at least the same degree of care you use for your own confidential information

6.3 Exceptions

Confidential Information does not include information that:

  • Was publicly known before you received it

  • Becomes publicly known through no breach of this Agreement by you

  • Was rightfully received from a third party without breach of confidentiality

  • Is independently developed by you without use of Confidential Information

  • Must be disclosed by law (with prior notice to Company if legally permissible)

6.4 Duration

Your confidentiality obligations continue:

  • INSERT: indefinitely / for INSERT NUMBER years after the beta testing program ends / until Company publicly releases the Software

7. INTELLECTUAL PROPERTY

7.1 Company Ownership

Company retains all rights, title, and interest in and to:

  • The Beta Software and all versions thereof

  • All intellectual property rights in the Beta Software

  • All feedback, suggestions, and ideas you provide

  • All improvements or modifications to the Beta Software

7.2 Feedback License

By providing feedback, suggestions, bug reports, or ideas ("Feedback"), you:

  • Grant Company a perpetual, irrevocable, worldwide, royalty-free license to use, implement, and incorporate your Feedback into the Beta Software and future products

  • Waive any moral rights in the Feedback

  • Represent that you have the right to provide such Feedback

  • Acknowledge that Company has no obligation to use your Feedback or credit you

7.3 No Rights Granted

This Agreement does NOT grant you any:

  • Ownership rights in the Beta Software

  • Rights to Company's trademarks, service marks, or trade names

  • Rights beyond the limited testing license in Section 3

8. LIMITATION OF LIABILITY

8.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY SHALL NOT BE LIABLE FOR ANY:

  • Indirect, incidental, special, consequential, or punitive damages

  • Loss of data, profits, revenue, or business opportunities

  • Damage to devices or other software

  • Loss of licensure or professional standing

  • Disciplinary actions by state bars or regulatory authorities

  • CLE compliance failures or missed deadlines

  • Professional liability or malpractice claims

  • Costs of substitute services or procurement

  • Business interruption or downtime

ARISING FROM OR RELATING TO:

  • Your use of the Beta Software

  • Bugs, errors, or malfunctions in the Beta Software

  • Data loss or corruption

  • Reliance on information in the Beta Software

  • Inability to use the Beta Software

  • Any breach of this Agreement by Company

EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8.2 Cap on Liability

COMPANY'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM THIS AGREEMENT OR YOUR USE OF THE BETA SOFTWARE SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

8.3 Assumption of Risk

YOU EXPRESSLY ASSUME ALL RISK FOR:

  • Using pre-release software

  • Any harm to your device or other software

  • Any data loss

  • Any consequences of relying on the Beta Software

  • Any professional or regulatory consequences

8.4 Essential Terms

You acknowledge that these limitations are:

  • Essential terms of this Agreement

  • Reflected in the decision to offer unpaid beta testing

  • Reasonable given the pre-release nature of the Beta Software

  • Valid even if any limited remedy fails its essential purpose

 

9. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Company, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

  • Your use of the Beta Software

  • Your breach of this Agreement

  • Your violation of any laws or third-party rights

  • Your negligence or willful misconduct

  • Any false or misleading information you provide

  • Your public disclosure of Confidential Information

  • Any claim that you relied on the Beta Software for CLE compliance

 

10. PRIVACY AND DATA COLLECTION

10.1 Beta Testing Data

During beta testing, Company may collect:

  • Technical information about your device and usage

  • Crash reports and error logs

  • Feature usage statistics

  • Performance metrics

  • Feedback and communications you provide

  • Any data you voluntarily enter into the Beta Software

10.2 Privacy Policy

Your use of the Beta Software is also governed by Company's Privacy Policy (available at INSERT URL) / (available in the Beta Software).

10.3 Enhanced Data Collection

The Beta Software may collect more extensive data than the released version for testing purposes, including:

  • INSERT SPECIFIC BETA ANALYTICS

  • Detailed interaction logs

  • Performance benchmarks

  • Device diagnostics

10.4 Data Retention

Company may retain beta testing data:

  • Indefinitely

  • In aggregated or anonymized form for analysis and improvement

  • As required by law or regulatory obligations

10.5 No Data Guarantee

COMPANY MAKES NO COMMITMENT TO:

  • Preserve data you enter during beta testing

  • Migrate beta testing data to the released version

  • Provide data export functionality during beta testing

  • Recover lost or deleted data

You should not enter any data you cannot afford to lose.

 

11. TERMINATION

11.1 Termination by You

You may terminate your participation at any time by:

  • Uninstalling the Beta Software from your device(s)

  • Notifying Company at INSERT EMAIL

  • Ceasing all use of the Beta Software

11.2 Termination by Company

Company may terminate your participation immediately, with or without notice, for:

  • Breach of this Agreement

  • Unauthorized disclosure of Confidential Information

  • Failure to provide adequate testing or feedback

  • Abusive or inappropriate conduct

  • Any reason or no reason at Company's sole discretion

  • Termination of the entire beta testing program

11.3 Effect of Termination

Upon termination:

  • Your license to use the Beta Software immediately ends

  • You must uninstall the Beta Software from all devices

  • You must cease all use of Confidential Information

  • You must return or destroy all materials provided by Company (if any)

  • Your confidentiality obligations in Section 6 continue

  • Sections 5, 6, 7, 8, 9, and 12 survive termination

11.4 No Continued Access

Termination of beta testing does not:

  • Guarantee you access to the released version

  • Entitle you to any compensation or refund

  • Create any obligation for Company to continue developing the Software

 

 

 

12. GENERAL PROVISIONS

12.1 No Compensation

You will receive NO compensation for beta testing, including:

  • No payment or fees

  • No free subscription to the released version (unless separately offered by Company)

  • No credit or acknowledgment

  • No commission or revenue sharing

Company may, at its sole discretion, offer promotional benefits to beta testers, but has no obligation to do so.

12.2 Independent Contractor

You are an independent contractor, not an employee, agent, or partner of Company. This Agreement does not create any employment relationship.

12.3 No Obligation to Release

Company has no obligation to:

  • Complete development of the Software

  • Publicly release the Software

  • Continue the beta testing program

  • Implement any features or feedback

  • Notify you of product plans or timelines

12.4 Modifications

Company may modify this Agreement at any time by:

  • Posting an updated version in TestFlight or via email

  • Providing notice through the Beta Software

Your continued participation after modifications constitutes acceptance. If you do not agree to modifications, you must stop participating.

12.5 Export Control

You agree to comply with all applicable export and import control laws and regulations. You represent that you are not:

  • Located in a country subject to U.S. Government embargo or designated as a "terrorist supporting" country

  • On any U.S. Government list of prohibited or restricted parties

12.6 Governing Law

This Agreement is governed by the laws of the State of California, without regard to conflict of law principles.

12.7 Dispute Resolution

Any disputes arising from or relating to this Agreement shall be resolved in accordance with the dispute resolution provisions set forth in Section 18 of the Breeze CLE Terms of Service, which are incorporated herein by reference.

12.8 Entire Agreement

This Agreement constitutes the entire agreement between you and Company regarding beta testing and supersedes all prior understandings and agreements.

12.9 Severability

If any provision is found invalid or unenforceable, the remaining provisions remain in full force and effect.

12.10 Waiver

Company's failure to enforce any provision does not constitute a waiver of that provision or any other provision.

12.11 Assignment

You may not assign this Agreement. Company may assign this Agreement without restriction.

12.12 Notices

Company may provide notices to you via:

  • Email to the address associated with your TestFlight account

  • In-app notifications in the Beta Software

  • TestFlight notifications

You may contact Company at: INSERT LEGAL ENTITY NAME
INSERT ADDRESS
Email: INSERT BETA TESTING EMAIL

12.13 Apple Terms

You acknowledge that:

  • This Agreement is between you and Company, not Apple

  • Apple has no responsibility for the Beta Software or this Agreement

  • Apple is not obligated to provide support or maintenance

  • Apple is not responsible for any claims relating to the Beta Software

  • You comply with all applicable third-party agreements when using TestFlight

13. ATTESTATIONS AND ACKNOWLEDGMENTS

BY ACCEPTING THIS AGREEMENT AND PARTICIPATING IN BETA TESTING, YOU REPRESENT, WARRANT, AND ACKNOWLEDGE THAT:

☐ You have read and understood this entire Agreement

☐ You are at least 18 years of age

☐ You have the authority to enter into this Agreement

☐ You understand the Beta Software is pre-release and may contain significant bugs and errors

☐ You will NOT use the Beta Software for actual CLE compliance tracking or any production purpose

☐ You will NOT rely on the Beta Software for professional obligations

☐ You understand that data entered may be lost and will not be migrated to the released version

☐ You will keep all information about the Beta Software confidential

☐ You will NOT post about the Beta Software on social media or other public platforms without permission

☐ You will provide honest feedback and report bugs

☐ You understand you will receive no compensation for participation

☐ You accept all risks associated with using pre-release software

☐ You agree to all limitations of liability and disclaimers in this Agreement

 

14. CONTACT INFORMATION

For Beta Testing Questions or Feedback:

INSERT LEGAL ENTITY NAME
Email: INSERT BETA TESTING EMAIL
Beta Testing Portal/Platform: INSERT URL IF APPLICABLE

For Legal or Privacy Questions:

Email: INSERT LEGAL EMAIL

ACCEPTANCE

BY CLICKING "I ACCEPT," INSTALLING THE BETA SOFTWARE THROUGH TESTFLIGHT, OR USING THE BETA SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT INSTALL OR USE THE BETA SOFTWARE.

 

Beta Tester Name: ___________________________

Beta Tester Email: ___________________________

Date: ___________________________

TestFlight Code: ___________________________ [IF APPLICABLE]

 

© 2025 INSERT LEGAL ENTITY NAME. All rights reserved.

CONFIDENTIAL AND PROPRIETARY