Beta Program Terms
These Beta Program Terms ("Terms") govern your access to and use of any pre-release, alpha, beta, or other pre-production products, features, services, and software (the "Beta Products") made available to you by Branchmore ("Branchmore," "we," "us," or "our"), located at 2261 Market Street STE 67656, San Francisco, CA 94114.
By creating an account, clicking "I Accept" (or a similar acknowledgment), accessing the Beta Products, or otherwise using the Beta Products, you agree to be bound by these Terms and confirm that you have read and understood our Privacy Policy. If you do not agree to these Terms, do not access or use the Beta Products.
The individual or entity accepting these Terms (the "Subscriber") is referred to in these Terms as "you" or "your." If you are accepting these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, in which case "you," "your," and "Subscriber" refer to that entity. If you do not have such authority, you must not accept these Terms or use the Beta Products.
1. Definitions
"Beta Products" means any pre-production products, features, software, or services that are either not yet final or feature-complete; not commercially available for sale; still under development as an alpha, beta, or other pre-release version; or are provided solely for preview, performance, or stability-related testing purposes.
"Submitted Data" means any code, configuration files, data, or other content that you submit to, or that is accessed, processed, or transmitted by, the Beta Products in connection with your use of the Beta Products, including through the CLI.
2. Scope
You may use the Beta Products for both individual and commercial use, subject to these Terms. This includes personal, hobby, educational, and non-commercial projects, as well as use in the course of your business or on behalf of your employer or organization, and use in production environments. Branchmore is currently providing the Beta Products free of charge as part of its public launch. Branchmore may begin charging fees for continued access to the Beta Products, or for any successor generally available product, at any time upon notice to you.
You may use the Beta Products with production data. If you do, you do so at your own risk, and Branchmore will have no liability with regard to any production use, including but not limited to any loss or corruption of your data. To use the Beta Products, you must download and install a command-line interface (the "CLI") and integrate it into your development environment. Download and integration of the CLI is mandatory and a condition of your access to and use of the Beta Products.
3. Beta Products
Notwithstanding anything to the contrary in these Terms, you understand and acknowledge that the Beta Products may not be fully functional or in final form, may contain errors, bugs, design flaws, or other problems, and may result in unpredictable performance, including loss of data or other damage. You agree that Branchmore is under no obligation to provide you with support for the Beta Products or to provide you with updates or error corrections. If Branchmore, in its sole discretion, decides to provide you with updates to the Beta Products, such updates will be considered part of the Beta Products and subject to these Terms.
4. Term and Termination
These Terms commence on the date you first accept them and will continue until terminated as described in this Section 4.
Either you or Branchmore may terminate these Terms for convenience, for any reason, at any time, by providing notice to the other party (which, for Branchmore, may be made by disabling your access to the Beta Products or posting a notice in the Beta Products). Upon termination, your license to use the Beta Products ends and you must cease all use of the Beta Products. You are not required to destroy or return copies of the Beta Products, though you may uninstall the CLI and any other locally installed tools at your convenience. Any provisions of these Terms that by their nature are intended to survive termination shall remain in effect until fulfilled, including without limitation the restrictive covenants set forth in Section 5 (License Grant; Restrictions), and Sections 6 (Feedback), 7 (Submitted Data), 8 (Warranty Disclaimer; Limitation of Liability), and 9 (General).
5. License Grant; Restrictions
Subject to your compliance with these Terms, Branchmore grants you a non-exclusive, non-transferable, limited, revocable license to access and use the Beta Products (including the CLI), for individual and commercial use, including in production environments, for as long as these Terms remain in effect. Title to the Beta Products remains with Branchmore.
You are free to write, speak, and otherwise publish publicly about the Beta Products and your experience using them, including reviews, tutorials, demonstrations, test results, benchmarks, and comparisons with other products. Branchmore encourages you to share what you learn. Any such publication must be your own good-faith account, must not misrepresent the Beta Products, and does not grant you any right to use Branchmore's trademarks, logos, or branding other than to refer to Branchmore and the Beta Products by name.
You will not, and will not permit any third party to, modify, reproduce, disassemble, decompile, decrypt, extract, or otherwise reverse engineer the Beta Products. Your rights to use the Beta Products will automatically terminate upon termination of these Terms.
6. Feedback
You may from time to time elect to provide voluntary suggestions, comments for enhancements or functionality, or other feedback to Branchmore with respect to the Beta Products ("Feedback"). You are not required to provide Feedback. However, if you do provide Feedback, you hereby grant Branchmore a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use or incorporate any Feedback into its products and services as it sees fit, without obligation or restriction of any kind. You will not provide any Feedback subject to any terms that would impose any obligation on, or require attribution by, Branchmore.
7. Submitted Data
As between the parties, you retain all right, title, and interest in and to the Submitted Data, and you grant Branchmore a limited, non-exclusive license to access, process, and use the Submitted Data solely as necessary to provide, maintain, and support the Beta Products for you.
Branchmore will not disclose Submitted Data to any third party except (a) to its service providers who process Submitted Data on Branchmore's behalf in order to provide the Beta Products; (b) with your permission; or (c) to the extent required by law or pursuant to a judicial or administrative proceeding, in which case Branchmore will give you prompt written notice (where legally permitted) and a reasonable opportunity to seek a protective order or other legal remedies. Branchmore will protect the Submitted Data with at least a reasonable degree of care, and will handle any personal data contained in Submitted Data in accordance with our Privacy Policy.
8. Warranty Disclaimer; Limitation of Liability
THE BETA PRODUCTS ARE PROVIDED "AS-IS" AND "AS AVAILABLE." BRANCHMORE, ITS SUPPLIERS, AND ITS LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
BRANCHMORE, ITS SUPPLIERS, AND ITS LICENSORS SHALL HAVE NO LIABILITY OF ANY TYPE UNDER ANY LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE BETA PRODUCTS OR THESE TERMS, UNLESS SUCH EXCLUSION OF LIABILITY IS NOT ENFORCEABLE UNDER APPLICABLE LAW, IN WHICH CASE BRANCHMORE'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE BETA PRODUCTS AND THESE TERMS IS LIMITED TO US $1,000.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, YOU SHALL NOT USE THE BETA PRODUCTS IN A MANNER THAT VIOLATES APPLICABLE LAWS AND WILL BE FULLY LIABLE FOR ANY DAMAGES CAUSED BY YOUR USE OF THE BETA PRODUCTS. YOU ACKNOWLEDGE AND AGREE THAT ANY DATA AND CONFIGURATIONS ENTERED INTO THE BETA PRODUCTS MAY BE PERMANENTLY LOST UPON TERMINATION OF THESE TERMS.
9. General
Compliance with Laws
You will comply with all applicable laws and regulations in connection with your use of the Beta Products, including the Export Administration Regulations, the International Traffic in Arms Regulations, and economic sanctions programs implemented by the Office of Foreign Assets Control.
Assignment
Neither party may assign or transfer these Terms, in whole or in part, without the other party's prior written consent. Branchmore may assign these Terms without your consent in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.
Governing Law
These Terms are governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflicts of law provisions.
Attorneys' Fees
The prevailing party in any claim or cause of action arising from or relating to these Terms is entitled to be awarded its costs and reasonable attorneys' fees.
Cumulative Remedies
Each right and remedy in these Terms is in addition to any other right or remedy, at law or in equity.
Personal Data
Branchmore does not require you to submit personal data in order to use the Beta Products, and you should avoid doing so wherever possible. If you nonetheless include personal data within any Submitted Data, you do so at your own risk, and Branchmore will handle any such information in accordance with our Privacy Policy.
Notwithstanding the foregoing, you will not include, and will take reasonable steps to ensure that no Submitted Data includes, any of the following: passwords, API keys, private keys, tokens, or other credentials or secrets; Social Security numbers or other government-issued identification numbers; payment card or financial account numbers; or health or medical information.
You represent and warrant that you have all necessary rights, consents, and authority to provide any Submitted Data to Branchmore, including where such Submitted Data is owned by, or relates to, your employer or another third party.
Equitable Relief
You and Branchmore agree that any breach or threatened breach of these Terms, or your continued use of the Beta Products after termination, may cause the other party irreparable damage for which it may have no adequate remedy at law, and entitle the other party to seek injunctive relief without the necessity of posting any bond.
Severability
If any provision of these Terms is held to be unenforceable, such provision shall be limited or eliminated to the minimum extent necessary so that these Terms otherwise remain in full force and effect and enforceable.
Waiver
The failure of a party to enforce its rights hereunder will not be construed as a waiver of such rights.
Entire Agreement
These Terms constitute the entire agreement between you and Branchmore pertaining to the subject matter hereof, and supersede any and all prior or contemporaneous written or oral agreements between the parties as to its subject matter.
Changes to These Terms
Branchmore may modify these Terms from time to time by posting an updated version with a new "Last Updated" date. Material changes will be communicated through the Beta Products or by email where reasonably practicable. Your continued access to or use of the Beta Products after the updated Terms become effective constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Beta Products.
Electronic Acceptance
You agree that creating an account, clicking "I Accept" (or a similar acknowledgment), or otherwise accessing or using the Beta Products constitutes a valid electronic signature binding you to these Terms.
10. Contact
Questions about these Terms can be directed to Branchmore by email at Support@Branchmore.com, or via postal mail at:
Branchmore
2261 Market Street STE 67656
San Francisco, CA 94114