Effective Date: 01/12/2024
Purpose
The purpose of this Agreement is to define the terms under which Tester will participate in beta testing for the EquiLink app and provide feedback to the Company.
The Company is providing the Beta Tester access to the pre-release version of the EquiLink app (the “App”) for testing purposes. In exchange for this access, the Beta Tester agrees to protect the confidential and proprietary nature of the App and any associated materials or information.
Refund Policy for Advertising and Promotional Services (Businesses)
Tester acknowledges that, during the course of beta testing, they may have access to confidential and proprietary information, including but not limited to:
Unreleased features of the EquiLink app.
Technical data, source code, algorithms, designs, and concepts.
Business strategies, any documentation provided by the Company and user insights.
Any non-public information about the Company’s business, strategies, or future developments shared during testing.
Feedback, suggestions, or comments from the Beta Tester related to the App.
Tester agrees to:
Keep all information confidential and not disclose it to any third party without prior written consent from the Company.
Avoid sharing screenshots, recordings, or descriptions of the app unless explicitly authorised by the Company.
Notify the Company immediately if any unauthorised disclosure occurs.
Protect the Confidential Information with the same level of care as they would protect their own sensitive information.
Not copy, reverse-engineer, distribute, or exploit any part of the App or Confidential Information
The Beta Tester may disclose Confidential Information only:
To comply with legal obligations, provided that prior written notice is given to the Company (if legally permissible).
Tester Responsibilities
Tester agrees to:
Download and use the EquiLink app solely for the purpose of testing its features and functionality.
Provide detailed feedback on performance, usability, bugs, and other issues as requested.
Refrain from using the app for illegal or unethical activities.
Comply with any instructions provided by the Company during the beta testing process.
App Usage and Access
Tester understands that:
The app is provided "as is" and may contain bugs or incomplete features.
Access to the app may be revoked at any time, without prior notice, at the sole discretion of the Company.
The app is the sole property of the Company, and Tester has no ownership or rights to the app or its intellectual property.
Feedback
Tester agrees to provide honest, constructive feedback about the app, including but not limited to:
Reporting bugs and technical issues.
Suggesting improvements or new features.
Completing surveys or feedback forms provided by the Company.
All feedback provided by Tester becomes the property of the Company and may be used for development, marketing, or other purposes without further compensation.
Failure of the minimum feedback submission (feedback forms sent to beta testers by provided email) will result in the beta tester not receiving a free life-time business membership.
Content and Profile Usage
By participating in the EquiLink beta testing program, you agree to make a minimum of one (1) public post on the platform during the beta testing phase. This post may be a service listing, an Opportunity Hub post, Knowledge Hub content, or content relevant to the platform's features or your usage. Completion of this requirement is necessary to qualify for the free lifetime business membership offered as part of the beta program.
Additionally, you grant EquiLink the right to use any content you post on the platform (including but not limited to text, images, videos, and reviews) for marketing purposes across all EquiLink marketing channels, including social media, website, and promotional materials. You also agree that EquiLink may showcase your profile (e.g., name, role, and general public-facing information) as part of marketing efforts to highlight beta user experiences and success stories.
EquiLink will not use or disclose any personal or sensitive data (e.g. contact information, financial details) without your explicit consent and will comply with all applicable privacy laws in handling your information.
Limitations of Liability
Tester acknowledges and agrees that:
The Company is not liable for any damages or losses arising from the use of the beta version of the app, including but not limited to data loss or device malfunction.
Testers use the app at their own risk. The App is provided on an “as-is” basis and may contain bugs or errors.
Termination
The Company reserves the right to terminate this Agreement and revoke Tester’s access to the beta version of the app at any time, for any reason. Tester may also withdraw from the beta testing program by notifying the Company in writing.
This Agreement remains in effect for the duration of the Beta Test or until terminated by either Party upon written notice. Upon termination or completion of the Beta Test, the Beta Tester must:
- Return or delete all copies of Confidential Information.
- Cease using the App and associated materials.
Governing Law
This Agreement shall be governed by and construed in accordance with the laws of Quebec, Canada.
Entire Agreement
This Agreement constitutes the entire understanding between the Company and Tester concerning the subject matter and supersedes all prior agreements or understandings, whether written or oral.