Present by FiftyThree Beta Agreement

 

This document confirms the agreement of the company listed below (“you” or “Company”) to review and provide feedback on the presentation service known internally as “Present”, “P-Star”, or “P*” (the "Service") of FiftyThree, Inc. ("FiftyThree", “we” or "us"), including prototypes, designs, and specifications in electronic or print form provided by FiftyThree (the “Evaluation”), subject to the following terms and conditions. During this Evaluation, you may be asked to complete questionnaires and surveys, and provide comments and opinions.

Except as set forth in this Present by FiftyThree Beta Agreement, the standard FiftyThree Terms of Use (http://www.fiftythree.com/legal/terms) and Privacy Policy (http://www.fiftythree.com/legal/privacy) apply to your use of the Service.

You represent and warrant that you have the authority to bind the Company to this agreement.  

  • Pre-Release Beta.  Because the Service is still in the pre-release beta stage, it may have defects.  The primary purpose of the Evaluation is to identify those defects through beta testing and to obtain your Feedback on those defects and the Service’s performance.  Accordingly, you must not rely on the correct functioning or performance of the Service, and should back up important data you may upload to the Service.  You understand that the Service may be substantially modified before its first commercial release, and that the final version of the Service may be different.  The Service may also never be released as a commercial offering.
  • Your Content.  As part of your participation in the Evaluation, you may upload, store, send, or receive content using the Service.  You retain ownership of any intellectual property rights you may have in that content.  
  • Confidentiality.  You understand that all information shared with you during the Evaluation is confidential.  This includes all information relating to the Service – including the existence of the Service; its design, features, and specifications; and all other related information (collectively called “Confidential Information”).  You will not use any of the Confidential Information for any purpose other than using the Service and providing Feedback, and for the next five (5) years you will not disclose any of the Confidential Information to anyone else without FiftyThree’s express consent, except to the extent FiftyThree publicly discloses such information.  
  • Privacy. You may be asked to provide certain information about yourself to FiftyThree (including but not limited to information about your experience and your demographic profile). Any personal information (including your identity) provided to FiftyThree will be kept confidential and not disclosed to third parties, and will not be used by us for any activities not directly related to the Evaluation and its analysis by us. 
  • Analytics. You acknowledge that FiftyThree will monitor your use of the Service as part of the Evaluation. The usage data collected will be limited in scope to the prototypes provided by FiftyThree and will not extend to your use of other apps or products installed on the same device. 
  • Feedback.  If you provide feedback, input, or suggestions about the Service (“Feedback”), we may use, sell, distribute, and otherwise commercialize that Feedback in any way, and for any purpose, without further compensation to you.  These rights survive this agreement.  You agree not to provide us with any information or Feedback that might result in a breach of a confidentiality obligation you may have to another party.