This Beta Addendum ("Addendum") supplements and modifies the Antistock Platform Agreement ("Agreement") between Antistock and Company. This Addendum applies when Company participates in any beta, pilot, limited release, developer preview, or early access program offered by Antistock (collectively, "Beta Program"). In the event of any conflict between this Addendum and the Agreement, the terms of this Addendum shall prevail with respect to the Beta Program.
1. Beta Services and Features
1.1 Beta Offerings
Antistock may, at its sole discretion, invite Company to participate in a Beta Program to test and evaluate pre-release, experimental, or developmental features, products, or services ("Beta Services"). Beta Services may include new risk management algorithms, fraud detection tools, interface enhancements, integration capabilities, reporting features, or other platform components not yet generally available.
1.2 Access and Activation
Access to Beta Services requires specific activation and may be subject to additional eligibility criteria determined by Antistock. Antistock reserves the right to limit the number of participants in any Beta Program and may revoke access at any time without notice. Company's participation in the Beta Program is voluntary and does not create any entitlement to continued access to the Beta Services.
1.3 Duration
Beta Programs run for limited periods specified by Antistock in its invitation or subsequent communications. Antistock may extend or terminate a Beta Program at any time in its sole discretion. Upon conclusion of a Beta Program, access to the Beta Services will be discontinued unless Antistock elects to make such services generally available as part of the regular platform.
2. No Warranties and Additional Disclaimers
2.1 "As Is" Basis
ALL BETA SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTY OF ANY KIND. Beta Services may contain errors, defects, bugs, or inaccuracies and may not operate as intended or at all. Antistock makes no guarantees regarding the performance, reliability, availability, or functionality of Beta Services.
2.2 Absence of Support Obligations
Unless otherwise expressly stated in writing, Antistock has no obligation to provide technical support for Beta Services. Any support provided is at Antistock's discretion and may be limited in scope and availability compared to support for generally available services.
2.3 No Production Use
Beta Services are provided for evaluation and testing purposes only and are not intended for production use. Company acknowledges that Beta Services should not be used for critical business operations or with sensitive data. Antistock shall have no liability for any harm or damage arising out of or in connection with use of Beta Services in production environments.
3. Feedback and Confidentiality
3.1 Feedback Obligation
Company agrees to provide reasonable feedback regarding the Beta Services to Antistock, including information about bugs, errors, or usability issues encountered during testing. Company grants Antistock a perpetual, irrevocable, worldwide, royalty-free license to use any feedback provided for any purpose without restriction or obligation.
3.2 Enhanced Confidentiality
All aspects of the Beta Services, including their existence, features, functionality, performance, and related documentation, constitute Confidential Information of Antistock subject to the confidentiality provisions in the Agreement. The confidentiality obligations for Beta Services shall remain in effect for five (5) years after the conclusion of the Beta Program, regardless of any shorter period specified in the Agreement.
3.3 Non-Disclosure
Company shall not disclose any information about Beta Services to any third party without Antistock's prior written consent. This includes screenshots, descriptions, performance metrics, or the existence of specific features. Company may only permit Authorized Users who have a need to know and who are bound by confidentiality obligations no less restrictive than those in this Addendum to access the Beta Services.
3.4 Public Communications
Company shall not issue any press release or make any public statement regarding the Beta Services without Antistock's prior written consent. If Antistock permits Company to publicly reference its participation in a Beta Program, Company shall comply with any guidelines provided by Antistock regarding such communications.
4. Data Collection and Monitoring
4.1 Enhanced Monitoring
Company acknowledges that Beta Services may be subject to enhanced monitoring, data collection, and analytics to evaluate performance, identify issues, and improve functionality. This may include increased collection of usage data, error reports, and performance metrics compared to generally available services.
4.2 Data Use
Antistock may collect and use data related to Company's use of Beta Services for purposes of improving, testing, operating, promoting and developing the Beta Services and other Antistock services. Antistock will handle all such data in accordance with its Privacy Policy, but may use data from Beta Services for additional internal purposes such as development and improvement of its algorithms and systems.
5. Assumption of Risk
5.1 Risk Acknowledgment
Company acknowledges that use of Beta Services carries heightened risks compared to generally available services. These risks may include data loss, inaccurate processing, system instability, security vulnerabilities, or availability issues. Company assumes all risks associated with its use of Beta Services.
5.2 Migration Path
Antistock provides no guarantee that data, configurations, or customizations created within Beta Services will be transferable to generally available versions if and when such services are released. Company is responsible for maintaining independent records of any critical information or configurations implemented in Beta Services.
5.3 Discontinuation
Antistock makes no commitment that any Beta Service will become generally available, or that any equivalent functionality will be provided in the future. Antistock may discontinue development of any Beta Service at any time without notice and has no obligation to release a final version.
6. Limitation of Liability
IN ADDITION TO THE LIMITATIONS OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT SHALL ANTISTOCK BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, DATA LOSS, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF COMPANY'S USE OF BETA SERVICES, EVEN IF ANTISTOCK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. Term and Termination
7.1 Term
This Addendum becomes effective when Company accesses or uses any Beta Service and remains in effect until terminated.
7.2 Termination
Either party may terminate this Addendum at any time upon written notice to the other party. Antistock may terminate Company's access to any Beta Service at any time, with or without cause, and with or without notice. Upon termination of this Addendum or Company's participation in any Beta Program, Company shall promptly discontinue use of the applicable Beta Services and, upon Antistock's request, return or destroy any related documentation or materials.
7.3 Survival
Sections 2 (No Warranties and Additional Disclaimers), 3 (Feedback and Confidentiality), 6 (Limitation of Liability), and any other provisions that by their nature should survive termination, shall survive any termination of this Addendum.
By accessing or using any Beta Service, Company acknowledges that it has read, understands, and agrees to be bound by the terms of this Addendum.