Beta Testing Agreement
Version 1.0
•March 2025
IMPORTANT – PLEASE READ CAREFULLY: BY DOWNLOADING, ACCESSING, OR USING THE BETA PRODUCT, YOU AGREE TO BE BOUND BY THE TERMS OF THIS BETA TESTING AGREEMENT (the "AGREEMENT") WITH PIQUE TECHNOLOGIES, INC. ("PIQUE"). IF YOU DO NOT AGREE TO THIS AGREEMENT, DO NOT USE THE BETA PRODUCT.
1. DEFINITIONS
1.1 "Beta Product"
means the proprietary software, applications, platforms, features, and/or services identified as beta or pre-release or otherwise not commercially available, which are provided by Pique to You for testing and evaluation purposes.1.2 "Confidential Information"
means all nonpublic information disclosed by Pique, including the Beta Product, all accompanying and related documentation, including without limitation, business plans, product roadmaps, data, performance results, features, Feedback, all information relating to or obtained from or in connection with the Beta Product, and all other information disclosed by Pique to You hereunder, is "Confidential Information" of Pique.1.3 "Feedback"
means any suggestions, enhancement requests, recommendations, ideas, survey responses, comments, or other input—whether provided verbally, in writing, or through interactive use of the Beta Product—that relate to the Beta Product, including, without limitation, its functionality, performance, features, or usability.1.4 "You"
means the individual who, by signing up for, accessing, or using the Beta Product, agrees to be bound by this Agreement.2. LICENSE, RESTRICTIONS, AND PERMITTED USE
2.1 License Grant
Subject to the terms of this Agreement, Pique grants You a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use the Beta Product solely for the purposes of testing, research, and evaluation.
2.2 Restrictions
You shall not, and shall not cause or permit others to:
- (i) reverse engineer, decompile, or disassemble the Beta Product;
- (ii) modify or create derivative works based on the Beta Product;
- (iii) make copies of, lease, rent, loan, sell, transfer, or distribute the Beta Product;
- (iv) use the Beta Product in violation of any applicable law or regulation;
- (v) use the Beta Product to develop a competing product or service;
- (vi) remove proprietary notices or circumvent security features;
- (vii) allow access to the Beta Product to any third party without prior written consent from Pique;
- (viii) use or permit any end user to use the Beta Product to promote illegal or immoral activities;
- (ix) disrupt others' use of the Beta Product.
2.3 Acceptable Use
You agree not to use the Beta Product to:
- (i) transmit or store any unlawful, infringing, or harmful data;
- (ii) engage in abusive, illegal, fraudulent, or deceptive practices; or
- (iii) attempt to gain unauthorized access to any part of the Beta Product.
Pique reserves the right to suspend or revoke access at its sole discretion for any reason, including misuse or breach of this Agreement.
2.4 Permitted Use
The Beta Product is provided for evaluation and testing purposes only. Limited use in real-time academic or workplace settings—such as during meetings, lectures, or internal training—is permitted to support product feedback and iteration. You acknowledge that the Beta Product is still in development and may not be fully reliable or error-free. As such, it should not be used as the sole system of record or relied upon for critical decisions, compliance requirements, or legally binding documentation. By participating in the beta, You agree to use the product in good faith and understand that any issues arising from its use during this testing phase are part of the evaluation process.
2.5 Age Limit
Pique is intended for users aged 13 and older. By using Pique, You confirm that You are at least 13 years old or meet the minimum age of digital consent in Your country of residence, whichever is higher.
3. OWNERSHIP AND INTELLECTUAL PROPERTY
3.1 Ownership
All rights, title, interest, and ownership rights in and to the Beta Product and associated documentation, including any improvements, modifications, and enhancements made thereto, all Feedback, and any enhancements or derivatives thereof are and shall remain the exclusive property of Pique. Except for those rights expressly granted herein, no other rights are granted, either express or implied, to You.
3.2 Feedback
You agree to provide Feedback to Pique and acknowledge that such Feedback is non-confidential and may be used, reproduced, modified, and incorporated by Pique into its products and services without restriction, attribution, or compensation. You hereby assign all rights in such Feedback to Pique.
4. CONFIDENTIALITY
4.1
You will not use the Confidential Information except as described in and as necessary under, and solely for the purposes of, this Agreement. Further, You will not disclose any portion of the Confidential Information to any other person or entity without Pique's prior written consent.
4.2
You agree to protect the Confidential Information from unauthorized use or disclosure, using the same standard of care You use for Your own confidential information, but in any event no less than reasonable care.
4.3
Confidential Information does not include information that:
- (i) was rightfully known by You at the time of disclosure without an obligation of confidentiality,
- (ii) is lawfully obtained by You from a third party without restriction on use or disclosure, or
- (iii) is or becomes generally known to the public through no fault or breach of this Agreement by You.
5. DATA COLLECTION, RECORDING CONSENTS, AND ARTIFICIAL INTELLIGENCE
5.1 Data Collection
You agree that Pique may collect information and data from You in connection with Your use of the Beta Product. This may include personal information You provide, Feedback, and technical and performance details such as usage patterns, system interactions, diagnostic reports, error logs, and feature activity, as well as anonymized interaction metadata where applicable. This information may be used to support and troubleshoot issues, analyze trends, improve performance, provide updates, and enhance the overall user experience of the Beta Product. De-identified, aggregated data may also be used for analytics, benchmarking, or research purposes to help improve the product and inform future development. Pique may also share limited data with trusted service providers (such as infrastructure vendors) and beta program collaborators (such as advisors or mentors), but only as needed to operate the beta program and improve the Beta Product; You hereby consent to Pique collecting and processing this information for these purposes. If any such data is processed by third-party service providers, it will be handled in accordance with industry-standard privacy and security practices. Pique will not access or review Your user-generated content unless You have shared it with us directly, or it is reasonably necessary to investigate a reported technical issue or evaluate the performance of a specific product feature. Pique will not sell Your data or share Your content with third parties for marketing purposes. We respect Your privacy and will not access Your personal content unless there is a clear and specific reason to do so in the context of product support or improvement.
5.2 Recording Consents
The Beta Product includes recording, transcription, and note-taking capabilities. You are solely responsible for obtaining any necessary consents before using such features, in compliance with all applicable laws.
5.3 Data Retention
The Beta Product is not intended to serve as a system of record. You are solely responsible for exporting or preserving any content You wish to retain. While Pique will make reasonable efforts to maintain access to data during the evaluation period, Pique does not guarantee continued access to any data submitted or generated while using the Beta Product. By participating in the beta, You agree not to use the Beta Product in any way that would impose data retention, legal hold, or regulatory compliance obligations on Pique.
5.4 Artificial Intelligence (AI) Features
Certain features of the Beta Product are powered by artificial intelligence ("AI"). These AI-enabled features may generate content such as transcripts, summaries, mind maps, classifications, or suggested tags based on user input. These features are intended to assist with productivity, organization, and knowledge management. Pique may use third-party AI service providers under contract to power these capabilities. Any data processed by these services is used solely to enable the AI features and improve their performance and is handled in accordance with industry-standard privacy and security practices. You acknowledge and agree that by using the Beta Product, You may interact with AI-generated outputs and that the accuracy, reliability, and completeness of such outputs cannot be guaranteed. AI features are experimental and may produce unexpected or incomplete results. You should not rely solely on AI-generated outputs for any critical, legal, or compliance-related purposes. Pique may also collect and analyze data related to Your interactions with AI features, including usage patterns and behavior, in order to improve the Beta Product and the performance of its AI capabilities.
6. MARKETING PARTICIPATION
By using the Beta Product, You agree that Pique may contact You regarding marketing and product feedback opportunities. Participation in public marketing (e.g., testimonials, case studies) will be subject to Your express written consent.
7. DISCLAIMER OF WARRANTIES
7.1
THE BETA PRODUCT IS PROVIDED "AS IS" AND WITHOUT INDEMNIFICATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. PIQUE SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE, AS WELL AS ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
7.2
YOU ACKNOWLEDGE THAT THE BETA PRODUCT IS EXPERIMENTAL AND MAY CONTAIN BUGS OR ERRORS AND MAY NOT OPERATE AS INTENDED. PIQUE DOES NOT WARRANT AGAINST LOSS OR INACCURACY OF DATA OR THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. PIQUE SHALL NOT BE LIABLE FOR PROBLEMS INHERENT IN USE OF THE INTERNET OR FOR ISSUES RELATED TO CUSTOMER'S NETWORK OR CLOUD SERVICE PROVIDER ACCOUNT.
8. LIMITATION OF LIABILITY
THE TOTAL LIABILITY OF PIQUE ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED USD $100. IN NO EVENT SHALL PIQUE HAVE LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE BETA PRODUCT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.9. TERM AND TERMINATION
This Agreement shall commence upon Your acceptance and remain in effect until the release by Pique of a publicly available version of the Beta Product. Pique does not guarantee that any such publicly available version will be released. Following public release, continued use of Pique shall be governed by Pique's then-current terms of use. Upon termination, You must cease all use of the Beta Product.10. EXPORT CONTROL COMPLIANCE
You agree to comply with all applicable U.S. export control laws and regulations, and shall not export or re-export the Beta Product to any restricted country or party.11. GENERAL
11.1 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to conflicts of laws principles. Any disputes arising out of or relating to this Agreement shall be resolved exclusively in the state or federal courts located in Delaware, and You consent to the personal jurisdiction of such courts.
11.2 Assignment
You may not assign or transfer this Agreement without prior written consent from Pique. Any attempted assignment in violation of the foregoing shall be null and void.
11.3 Entire Agreement
This Agreement constitutes the complete and exclusive agreement between the parties with respect to the Beta Product and supersedes all prior agreements, communications, and understandings.
11.4 Severability
If any provision of this Agreement is found to be unenforceable, the remainder shall remain in full force and effect.
11.5 Equitable Relief
You acknowledge that any breach of Sections 2, 3, or 4 may cause irreparable harm to Pique and that Pique shall be entitled to seek injunctive relief in addition to other legal remedies.