Optimizely, Inc.

Thank you for participating in our feedback program (the “Program”)! As a participant in the Program, you can help Optimizely, Inc. ("we", “us” or “Optimizely”) make our current and future products, features and services (the “Optimizely Services”) even better by providing us with your opinions and feedback. The Program is governed by these Feedback Program Terms (the “Terms”), which form a binding agreement between Optimizely and you (“you”). If you are participating in the Program on behalf of your company, then you also agree to these Terms on behalf of your company.

By clicking to accept these Terms or providing any Feedback, you agree to these Terms.

1. Program Participation. As part of the Program, we may solicit your Feedback (defined below) in a variety of ways, including through surveys, UX sessions, screen sharing and conversations with Optimizely personnel. Your decision to participate is purely voluntary and you may end a session at any time.

2. Feedback. We invited you to participate in the Program because we value your opinions. In exchange, we ask that you provide us with suggestions, comments, improvements, ideas, information or other feedback or materials about the Optimizely Services or what you might like to see from Optimizely in the future (“Feedback”). Feedback also includes our learnings from Program sessions and recordings. We are not required to use your Feedback, but for any Feedback you provide, you hereby grant Optimizely a worldwide, perpetual, non-revocable, sublicensable, royalty-free right and license to use, copy, disclose, license, distribute and exploit the Feedback in any manner without any obligation, payment, or restriction based on intellectual property rights or otherwise.

3. Recordings. As part of the Program, we may make recordings of you or your use of the Optimizely Services and other related products and tools, including your name, voice, images, photograph and/or likeness. We may use the recordings internally to gather your Feedback and to improve the Optimizely Services, design new products and educate our team, but we will not share the recordings with the public without your prior written permission. If you prefer that we not make these recordings, just let us know in a written request.

4. Evaluation Products. As a participant in the Program, we may give you access to new products and features that Optimizely has developed but not yet made available to the public or for which you have no current subscription (the “Evaluation Products”). Any use of Evaluation Products as part of the Program is subject to Optimizely’s online Terms of Service at https://www.optimizely.com/terms/ (the “ToS”), including terms regarding “Beta Releases”. These Terms control in event of a conflict with the ToS related to the Program.

5. Benefits to You. If you participate in the Program, you may ultimately get to see your Feedback incorporated into the Optimizely Services, but unless specified by Optimizely, you will not receive any fee, royalty or other compensation. You acknowledge the receipt and sufficiency of consideration for your participation.

6. Confidentiality; Ownership. Information you learn about the Optimizely Services (including any Evaluation Products), your Feedback and any information and materials you receive or learn by participating in the Program (“Confidential Information”) are highly confidential to Optimizely. You agree not to disclose, discuss, blog or otherwise share any Confidential Information with anyone else. You also agree to use Confidential Information only as part of your participation in the Program and for no other purpose. Finally, you agree not to disclose to Optimizely any third party information that you are otherwise obligated to maintain as confidential. If you breach this Section 6, Optimizely will be entitled to seek equitable relief to protect its Confidential Information. Optimizely and its suppliers retain all right, title and interest (including all intellectual property rights) in and to all Confidential Information, the Optimizely Services (including the Evaluation Products), any related underlying technology and documentation, and any modifications or derivative works thereof, including as may incorporate any Feedback.

7. Limitations of Liability; Disclaimer. ALL MATERIALS PROVIDED BY OPTIMIZELY IN CONNECTION WITH THE PROGRAM, INCLUDING ANY EVALUATION PRODUCTS AND OTHER CONFIDENTIAL INFORMATION, ARE PROVIDED “AS IS”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. OPTIMIZELY WILL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT OR SPECIAL DAMAGES OF ANY KIND OR FOR LOSS OF PROFITS, REVENUE OR BUSINESS ARISING OUT OF OR RELATING TO THESE TERMS OR THEIR SUBJECT MATTER, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS, OPTIMIZELY’S ENTIRE LIABILITY TO YOU, IF ANY, WILL NOT EXCEED FIFTY DOLLARS ($50).

8. Modifications to Terms. Optimizely may modify these Terms from time to time by posting a new version online. Modifications will apply to your subsequent participation in the Program, including any further Feedback you provide. We may require you to click to accept the modified Terms to continue participating in the Program, and your continued participation will also signify your agreement to the modifications. If you have concerns about any modifications, please let us know - if we are not able to solve the problem, you may terminate these Terms under Section 9 below.

9. General. These Terms are governed by the laws of the State of California and the United States without regard to conflicts of laws provisions thereof. Except as specified in Section 8 above, any amendment must be in writing and signed by both parties. Any waiver must be in writing and signed by an authorized representative of the waiving party. No failure or delay in enforcing any right will be deemed a waiver. If any provision of these Terms is held unenforceable, such provision will be limited or eliminated to the minimum extent necessary so that these Terms otherwise remain in full force and effect. These Terms supersede all prior discussions and writings and constitute the entire agreement between the parties with respect to the Program. These Terms apply to participation in the Program and any Program sessions (including future sessions), and will remain in effect until terminated. Either of us may terminate these Terms at any time with written notice to the other party, but Optimizely’s rights and your obligations in these Terms survive after termination of these Terms or the Program.