Beta Software Program

Akroda Holdco, Inc. ("Akroda") has designed and developed an Akroda Beta Program (the "Program") to, among other things, allow a limited number of people, test versions of the Akroda application for web devices such as computers and mobile phones (the “Experimental Software”), and to provide feedback and comments to Akroda regarding the use of such application. By joining the Program, you agree to be bound by the terms and conditions set forth below (the "Agreement").

FEEDBACK 

By enrolling in the Program your feedback will be utilized to: (a) test, evaluate and analyze the Experimental Software; and (b) provide feedback, analysis, suggestions and comments to Akroda, including, but not limited to, bug reports and test results (collectively, the “Feedback”).

PROPERTY

By participating in the Program, you agree that any Feedback you provide will become the property of Akroda and you agree that Akroda may use or otherwise exploit all or part of your Feedback or any derivative thereof in any manner or media now known without any further remuneration, compensation or credit to you. You represent and warrant that you have the right to enter into this Agreement and grant the rights set forth herein, and that any Feedback which is provided by you hereunder is original work made solely by you and does not infringe any third party intellectual property rights.

CONFIDENTIALITY

Definition: For the purpose of the Program, “Confidential Information” means all information disclosed by Akroda, including, without limitation, documents, designs, techniques, specifications, product plans, strategic information, existing or prospective business plans, existing or prospective product study or pilot test objectives and/or results, and other information related to the Purpose. Consistent with the foregoing, Akroda may disclose Confidential Information related to certain unreleased and experimental product features or plans.
Purpose: The Program is designed to assist Akroda in researching, analyzing and validating the usability and reliability of certain prospective product features (the “Purpose”). Akroda may disclose to you certain information (tangible or intangible) that you agree to treat as Confidential Information . 
Obligations Regarding Confidential Information: You agree to: (a) use Confidential Information only for the Purpose; (b) not disclose Confidential Information to any third parties (including the sharing of unreleased/experimental product images); and (c) use the same degree of care, but no less than a reasonable degree of care (including reasonable security measures), to prevent the unauthorized use, dissemination or publication of Confidential Information, as you would use to protect your own confidential information of like nature.

REMEDIES

You agree that any breach of this Agreement by you may result in irreparable harm to Akroda, for which damages would be an inadequate remedy and therefore, in addition to its rights and remedies otherwise available at law, Akroda shall be entitled to seek equitable relief, including, but not limited to an injunction, in the event of such breach.

NO COMPENSATION OR EMPLOYMENT 

You acknowledge that you are participating in the Program on a voluntary basis as a means of assisting, and in consideration of the opportunity to assist Akroda to use, implement, and understand various facets of the Experimental Software. Akroda, at its sole discretion, may provide you compensation for your participation and/or Feedback but you acknowledge and agree that Akroda has no obligation to do so. In the event Akroda provides you any form of compensation, which such shall not exceed $50.00 USD, you represent and warrant that you will pay all applicable federal, state and local taxes based on any payments received. Akroda makes no guarantee or representation as to whether or not your Feedback regarding the Experimental Software will be used, and you understand and acknowledge that Akroda will not compensate you for your participation in the Program. Furthermore, you acknowledge and agree that nothing in this Agreement or in your voluntary submission of Feedback creates any employment relationship between you and Akroda.

TERMINATION

Akroda may, in its sole discretion, at any time: (a) terminate or discontinue the Program; (b) discontinue your participation in the Program; or (c) remove your Feedback. You acknowledge and agree that any such decision(s) by Akroda are final and Akroda will not be liable with respect to such decision(s).

NOTICES

Akroda may give general notices to you by posting on any Akroda website (e.g., akroda.com) and, if possible, by electronic mail to your email address.

NO WARRANTY FROM AKRODA

You expressly agree that your participation in the Program is at your own risk. The Program is available on an "as is" basis, without warranty of any kind, express or implied. Akroda expressly disclaims on its own behalf and on behalf of its employees, agents, attorneys, consultants, or contractors any and all warranties including, without limitation: (a) any warranty or representation whatsoever regarding the operation, availability, or accuracy of the content of any information, services, or products provided or made available through or in connection with the Program, Experimental Software, Akroda, the Akroda website or any results obtained through the use thereof; and (b) the warranties or conditions of noninfringement, merchantability and fitness for any particular purpose. In the event you are operating the Experimental Software from a state  that does not allow the exclusion of implied warranties, the above exclusion may not be applicable to you. 

LIMITATIONS OF LIABILITY

In no event shall Akroda, its employees, agents, attorneys, consultants, or contractors (collectively, the “Akroda Members”) be liable under this Agreement for any consequential, special, lost profits, indirect or other damages, including but not limited to lost profits, loss of business, cost of cover, whether based in contract, tort (including negligence), or otherwise, even if Akroda has been advised of the possibility of such damages and notwithstanding any failure of any limited remedy. In any event, the aggregate liability under this Agreement for any claim against single or multiple Akroda Members shall be strictly limited to $50.00. In the event you are operating the Experimental Software from a state that does not allow the limitation or exclusion of liability for incidental or consequential damages, the above limitation or exclusion may not apply to the extent limited by law. You acknowledge that Akroda has entered into this Agreement in reliance upon the limitations of liability set forth herein and that the same is an essential basis of the bargain between the parties.

Company Logo

You hereby grant Akroda permission to use your name and logo in marketing materials.

ENTIRE AGREEMENT

These terms are the entire and exclusive Agreement of the parties regarding the subject matter of this Agreement and supersedes all previous communications, representations, understandings and agreements, either oral or written, between you and Akroda.

Akroda may modify the terms of this Agreement at any time with or without notice. Your participation in the Program shall be deemed to be acceptance of this Agreement including its amendments and modifications.