Beta-release terms

BY REQUESTING ACCESS TO AND USE OF AN OPTIMIZELY BETA RELEASE, CUSTOMER IS ACKNOWLEDGING ITS ACCEPTANCE OF AND AGREEMENT WITH OPTIMIZELY OF THESE BETA TERMS ("BETA TERMS")

The Glossary at the end of these Beta Terms contains definitions applicable to the Beta Terms.

1. BETA SPECIAL TERMS

1.1 Beta Scope. Beta-Release access and use covers applications, features, functions and /or capabilities or other technologies that Optimizely has not made generally available to its customers, and has designated as pilot, beta, limited release, developer preview, or by description of similar import. Access Purpose. Optimizely will provide Customer with access to, and use, of the Beta Release for a limited time and for a limited purpose. Beta-Releases are intended to be utilized for evaluation and feedback purposes. The features of Beta-Release may be described in the Beta-Release Landing Page and by other documentation provided by Optimizely to the Beta User during the Beta Term.

1.2 Customer Data. Beta-Releases are intended to be used with non-production data only. However, there may be some cases where certain Beta-Releases will utilise Customer’s production data. Customer should satisfy itself as to whether a given Beta-Release utilises non-production or production data. For Customer’s data use queries, Customer should contact its Optimizely Customer Success manager or the Optimizely Product Team responsible for releasing the Beta-Release. By agreeing to these Beta Terms and using a Beta-Release, Customer assumes the full risk and responsibility with respect to Beta-Release processing of its Customer Data, (subject to the further provisions of these Beta Terms).

1.3 Access Term. Customer will access and use the Beta-Release for such period as Optimizely provides such access and use, in Optimizely’s sole discretion – (“Beta Term”).

1.4 End of Beta-Release. Optimizely may terminate access to and use of the Beta-Release at any time, without notice, at Optimizely’s sole discretion, and without liability to the Beta User. The Beta-Release is entirely optional for Beta User to access and use. Beta User may cease use of the Beta-Release at any time, and for any reason. Additional Terms.Optimizely may limit Beta User’s access to, or use of, the Beta-Release, including usage volume, storage, transactions, users, and /or access times, for any reason at Optimizely’s sole discretion. Optimizely makes no promises that a production-version of Beta-Release will be released. Any production-version of the Beta-Release will be subject to Optimizely’s then-current terms and conditions, and may be subject to Optimizely’s then-current fees. 

1.5 Fees. The Beta-Release is provided free of charge during the Applicable Term.

1.6 Underlying Terms & Conditions. For Customers requesting Beta-Release access, Customer’s Current Subscription Agreement applies to the Beta-Release, subject to the further provisions of these Beta Terms. For any other Beta User, including Partners, requesting Beta-Release access, Optimizely’s Software Service Use Terms applies to the Beta-Release, subject to the further provisions of this section 2 below. The limitations of liability, including all disclaimers, apply in all respects to the Beta-Release and these Beta Terms. In the event of any conflict between the Beta Terms and the Relevant Agreement, the Beta Terms shall apply.

1.7 Disclaimers and Limitations. The Beta-Release is made available ‘as is”, exclusive of any warranty whatsoever whether express or implied, statutory or otherwise. Optimizely’s warranties and indemnities under the Relevant Agreement do not apply to the Beta-Release. All implied warranties are disclaimed to the maximum extent permitted by applicable law. The Beta-Release may not be complete or fully functional and may contain bugs, errors, omissions, and other problems for which Optimizely will not be responsible; accordingly, any use of the Beta-Release is at Beta User’s sole risk notwithstanding anything to the contrary in these Beta Terms or the Relevant Agreement. Optimizely’s limitations of liability under the Relevant Agreement apply to the Beta-Release. No SLA obligations apply to the Beta Release. Support under the Relevant Agreement does not apply to the Beta-Release. No other representation or warranty is provided in relation to Beta-Release support.

1.8 Ownership.As between Optimizely and Beta User, Optimizely shall have sole and exclusive ownership of all right, title, and interest in and to the Beta-Release, including all software, Optimizely-provided documentation, all copies, improvements, and derivative works, including all copyright, trademark, patent, trade secret, know-how, and all other associated intellectual property rights. Other than the Beta User’s limited rights of access and user, all other rights in the Beta-Release, are expressly reserved to Optimizely.

1.9 Privacy, Security and Compliance. Customer Data processed in the Beta-Release is subject to the confidentiality provisions of the Current Subscription Agreement. Optimizely will use reasonable endeavor to maintain administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of Customer Data processed by Beta User in its use of Beta-Release. Data protection and privacy provisions of the Relevant Agreement do not apply to the Beta-Release. Optimizely’s privacy, security and compliance frameworks (https://www.optimizely.com/trust-center/) (the “DPFs”) are similarly excluded from application to the Beta-Release. All stored Customer Data in the Beta-Release will be deleted after the end of the Applicable Term.

1.10 Feedback. Beta User agrees to provide ongoing feedback to Optimizely throughout the Beta Term regarding the Beta-Release, and Optimizely shall have a royalty-free, worldwide, irrevocable, perpetual license to use and incorporate any suggestion, enhancement request, recommendation, correction or other feedback provided by Beta User for any use by Optimizely.

1.11 Information/Restrictions. Optimizely may request information from Customer or Beta User prior to or during the Beta Term. Optimizely may also at its sole discretion put in place additional restrictions pertaining to the Beta-Release.

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GLOSSARY

Beta-Release means the proposed Beta release software as described in on Beta-Release Landing Page.

Beta-Release Request means the submitted Beta-Release request on the Beta-Release Landing Page.

Beta User means party accessing and using the Beta-Release. 

Customer means the customer identified in the Beta-Release Request.

Beta-Release Landing Page means Optimizely’s Beta-Release site at https://www.optimizely.com/beta, or such other site/s that Optimizely makes available its Beta-Releases.

Beta-Release Request means the submitted Beta-Release request on the Beta-Release Landing Page.

Effective Date means the date on which Optimizely accepts Customer’s Beta-Release Request and grants Customer access to the Beta-Release.

Parties - Optimizely and Customer are individually referred to as a “Party” and collectively as the “Parties”.

Partner means a current Optimizely customer-success solution partner or technology partner and includes any other third-party vendor or supplier to Optimizely of software services.

Relevant Agreement means the Subscription Agreement or Software Service Use Terms, as the case applies.

Software Service means Optimizely’s software-as and platform-as services.

Software Service Use Terms means Optimizely’s software service use terms published at: www.optimizely.com/legal/software-services-use-terms.

Subscription Agreement means the Customer’s current agreement with Optimizely for the Software Service to which the Beta-Release relates; and to the extent that Customer does not have an applicable Subscription Agreement, it means the Software Service Use Terms.

End Note. Words denoting the singular includes the plural and vice versa. Defined words include their grammatical forms.