Beta Terms & Conditions
Beta tester and confidentiality agreement
Thank you for your interest in being a Beta tester for Karfu
If you are going to participate in our beta testing programme, please read the terms below carefully. As with any Beta test program, you will be asked to agree to several conditions before you begin any testing.
If the meaning or intention of a clause in the contract is unclear, please get in touch with us for clarification. By participating in our programme you are accepting the terms below. Don't worry, we're not asking for much!
Here's a summary of the main terms you'll be agreeing to:
You acknowledge that you are participating in a Karfu Beta program and the information you learn as a tester is confidential and cannot be shared.
You confirm that information you provided in the Karfu Beta sign-up process is accurate.
You confirm that are not a member of the press, nor an employee or representative of any competitor.
You agree not to disclose your role or work as a Beta tester to any member of the press, any public news group, or any third party.
You agree to reasonably respond in a timely manner to Karfu’s requests for feedback.
You license Karfu to freely use the feedback and suggestions you provide.
IF YOU AGREE TO THESE CONDITIONS, PLEASE READ THE TERMS OF THIS BETA TESTER AND CONFIDENTIALITY AGREEMENT ("AGREEMENT") GOVERNING THE USE OF THE SOFTWARE PROVIDED TO YOU BY KARFU LIMITED ("KARFU").
THIS AGREEMENT IS MADE BY AND BETWEEN KARFU AND YOU (“YOU”, “LICENSEE” OR THE “USER”).
BY INDICATING YOUR ACCEPTANCE OF THESE TERMS AND SELECTING THE "YES, SUBSCRIBE ME TO THIS LIST” BUTTON AS IT APPEARS ON THE KARFU WEBSITE OR IN THE BETA SIGN-UP PROCESS, YOU ARE:
(1) REPRESENTING THAT YOU ARE OVER THE AGE OF 18,
(2) REPRESENTING THAT YOU HAVE THE RIGHT AND AUTHORITY TO LEGALLY BIND YOURSELF TO THESE TERMS, AND
(3) CONSENTING TO BE LEGALLY BOUND BY ALL OF THE TERMS OF THIS AGREEMENT.
THIS WILL CREATE A BINDING AGREEMENT. IF YOU DO NOT AGREE TO ALL THESE TERMS OR CANNOT MAKE SUCH REPRESENTATIONS DO NOT CLICK THE “YES, SUBSCRIBE ME TO THIS LIST” BUTTON AS IT APPEARS ON THE KARFU WEBSITE OR IN THE BETA SIGN-UP PROCESS AND DO NOT USE THE SOFTWARE.]
A. Karfu is developing a mobility website (referred to herein as the "Beta Product"). As a tester you will receive from Karfu: software application, including modifications, enhancements, improvements, updates, additions, derivative works, documentation and related material (the "Karfu Materials").
B. The Beta Product is currently still in development and in experimental form. Karfu desires that the Beta Product be tested prior to general release.
C. You wish to serve as a Beta tester for the Beta Product and have agreed to test and evaluate the Beta Product in accordance with the terms of this Agreement in order to assist Karfu in the completion of the Beta Product.
NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties hereby agree as follows:
You agree that the Beta Product is the sole property of Karfu and includes valuable trade secrets of Karfu. You agree to keep confidential and will not without the express written authorization of Karfu disclose or discuss to any third party:
a) The Beta Product including providing demonstrations;
b) Karfu Materials;
c) Karfu development or marketing plans that you learn about as part of your participation as a Beta tester;
d) information relating to performance or quality of the Beta Product
e) your participation in the Beta program; and
f) verbal or written communications from Karfu employees, agents, contractors or other representatives regarding Karfu Materials and the Beta Product.
The confidentiality requirements continue until all of the above become publicly known.
2. No Conflicting Loyalty
You represent that neither you nor any household member is: a) a member of the press or any public newsgroup, or b) an employee or representative of any competitor of Karfu. You represent that the information provided in your Karfu Beta sign-up process is accurate.
You will provide prompt feedback to Karfu regarding the operation or use of Karfu Materials when it is requested. This may include filing online reports, participating in telephone interviews, maintaining a record of problems or errors, providing suggestions and ideas and responding to written surveys or email homework that may be provided by Karfu.
Upon completion of the Beta test you agree to provide material, statistics, or information that is not deemed confidential to you for use in press releases, customer testimonials and as a reference in marketing and sales initiatives by Karfu. You will provide a quote to Karfu that may be used in a press release.
You acknowledge and agree that Karfu may use, disclose, reproduce, license, distribute and otherwise commercialise such feedback. You hereby grant to Karfu all required licenses in your feedback and the associated right, title and interest to such enhancements and all property rights therein including without limitation all patent, copyright, trade secret, mask work, trademark, moral right or other intellectual property rights to allow Karfu to carry out these rights.
4. Grant of License to Test
Subject to the terms and conditions of this Agreement, Karfu hereby grants you a personal, non-exclusive, non-transferable and revocable license to use the Beta Product on either a home, business, or portable computer (including tablets and mobile phones).
Your license will be valid only during the time that you are an active participant in any Karfu Beta Program solely for the purposes of testing and evaluating the Beta Product to assist Karfu in the completion of its development and not for any commercial purpose or use. You agree not to copy, reverse engineer, disassemble, modify, reuse, decompile, create derivative works or otherwise translate any of the Beta Product software or any portion thereof which are provided to you hereunder.
You shall comply with all applicable national and local laws, regulations and ordinances in connection with its activities pursuant to this Agreement.
5. DISCLAIMER OF WARRANTIES.
The Beta Product is prerelease code and is not at the level of performance or compatibility of a final, generally available product offering. The Beta Product may not operate correctly and may be substantially modified prior to first commercial shipment, or withdrawn. The entire risk arising out of the use or performance of the Beta Product remains with the Licensee.
You acknowledge and agree that:
(a) the Beta Product is not complete in development and has not been released for sale or use by Karfu;
(b) the Beta Product may not be fully functional and it is expected that it will contain errors, design flaws or other problems
(c) the Beta Product may not be reliable during the time you are participating as a tester in the Karfu Beta Program;
(d) the Beta Product has not passed any required regulatory tests or gained regulatory approval from The Financial Conduct Authority (FCA);
(e) the Beta Product and its use may result in unexpected results, including loss of data or other unpredictable damage or loss to you;
(f) Karfu is under no obligation to release a commercial version of the Beta Product;
(g) you have received the necessary consents and approvals from the owner(s) of any premises where the Beta Product will be used/tested in the manner requested by Karfu; and
(h) Karfu has the right to unilaterally abandon development of the Beta Product at any time and without any obligation or liability to you or any third party.
YOU FURTHER ACKNOWLEDGE THAT YOU HAVE PAID NO CONSIDERATION TO KARFU FOR THE BETA PRODUCT HEREUNDER AND THAT THE BETA PRODUCT IS BEING SUPPLIED TO YOU "AS IS". KARFU MAKES NO WARRANTIES REGARDING THE BETA PRODUCT, EXPRESS OR IMPLIED, AND EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
You acknowledge and agree that Karfu and/or its suppliers own all right, title and interest in and to the Beta Product and in any and all intellectual property rights therein, including but not limited to any and all copyrights, patents, patent applications, trade secrets, trademarks and other intangible rights therein.
You agree not to use Karfu's trademarks or other business names for any purpose. You will not earn or acquire any rights or licenses under any copyrights, patents, trade secrets, trademarks or other intellectual property rights on account of this Agreement or your performance under this Agreement. To the extent that Karfu provides you Karfu Materials or Beta Products, you agree that all Karfu Materials are and remain the sole and exclusive property of Karfu.
You further agree, upon request of Karfu, to return any Karfu Materials at Karfu’s expense at the end of the Beta test. You agree to promptly disclose and hereby assign to Karfu any suggestions for change and/or improvement to the Beta Product and any related rights thereto and to assist Karfu, as reasonably requested by Karfu and at Karfu's expense, in obtaining intellectual property protection relating to such suggestions as Karfu may reasonably direct.
7. Limitation of Liability
IN NO EVENT SHALL KARFU BE LIABLE TO YOU OR ANY OTHER PARTY FOR DAMAGES OF ANY KIND ARISING FROM INSTALLATION OR USE OF THE BETA PRODUCT, WHETHER RESULTING FROM A TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, WARRANTY OR OTHER FORM OF ACTION, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL AND CONSEQUENTIAL DAMAGES, OF ANY KIND ARISING IN ANY WAY OUT OF THIS AGREEMENT, EVEN IF KARFU IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE PARTIES AGREE THAT THE FOREGOING LIMITATION OF LIABILITY IS MATERIAL TO THIS AGREEMENT.
For purposes of this Beta test program, you agree to allow Karfu, its employees or agents to contact you using the personal contact information you have provided, such as your name, email, address and telephone number. Karfu may store or share this personal contact information with Karfu employees, agents or authorised contractors in order to communicate with you.
Karfu may use, collect, or store information generated from your testing and use of the Karfu products and materials being provided to you under this Agreement (“Usage Data"). Karfu may disclose, share, redistribute, or publish such Usage Data. If you are outside of the United Kingdom, you understand and agree that personal contact information and Usage Data will be transferred to the United Kingdom and stored on servers in the United Kingdom, subject to laws applicable in the United Kingdom.
9. Other Policies and Terms and Conditions
If there is any conflict between this Agreement and the Other Agreements, to the maximum extent permitted by law, these this agreement shall prevail in relation to the Beta Product over the Other Agreements but only to the extent necessary to resolve the conflict.
Unless terms are defined differently here, terms in capitals in this Agreement have the same meaning as they do in the Other Agreements.
10. General provisions
Karfu reserves the right to modify or terminate the Beta Product or your access to the Beta Product or the participation in our Beta Testing programme for any reason, without notice, at any time and without liability to you.
This Agreement will automatically expire at the end of your participation as a Karfu Beta Program tester unless terminated sooner in accordance with this Agreement and in any case shall expire not more than five (5) years after the date of this Agreement. Either party may terminate this Agreement before the end of your participation in the Karfu Beta Program for any reason or no reason upon written notice to the other party.
This Agreement will automatically terminate upon any breach by you of any of your obligations hereunder including breach of confidentiality obligations. Your breach of any of your obligations under the Agreement may result in your immediate removal from the Karfu Beta program(s). Upon request from Karfu, you will deliver to Karfu, or otherwise make available for pick-up by Karfu at your premises, the Karfu Materials and any other tangible Karfu property.
These terms are not applicable to any final, non-beta versions of any mobile application or software product released by Karfu.
10.2. Updates to Beta Terms and Conditions.
Karfu reserves the right to update these terms and conditions without prior notice. You agree that we may notify you of the Updated Terms by posting them on our website and that your use of the Beta Product after the effective date of the Updated Terms constitutes your agreement to the Updated Terms.
This Agreement may not be assigned by you without the prior written consent of Karfu and any attempt to assign without such consent shall be null and void.
You warrant that you will comply in all respects with United Kingdom laws and regulations. This Agreement shall be governed, construed and enforced in accordance with the laws of the United Kingdom.
This Agreement constitutes the entire agreement between you and Karfu with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein. No agreements altering or supplementing the terms hereof may be made except by means of a written document signed by the duly authorized representatives of the parties.
If any provision of this Agreement is found to be void, invalid or unenforceable pursuant to judicial decree or decision, the same shall be reformed to comply with applicable law or stricken if not so conformable, so as not to affect the validity or enforceability of the remainder of this Agreement according to its terms.
You acknowledge that any breach of your obligations under this Agreement with respect to the proprietary rights of Karfu will cause Karfu irreparable injury for which there are inadequate remedies at law. Therefore Karfu will be entitled to equitable relief in addition to all other remedies provided by this Agreement or available at law or in equity.
For inquiries or questions regarding this Agreement or the Beta Product, please go to our Contact page for current contact information.
Last update to Beta Terms and Conditions
13 October 2020