Thank you for participating in the Wikimee Beta Program.
These Wikimee Platform Beta Program Terms (“Terms of Service”) apply to and govern your participation as a user in any or all public or private Beta Programs (“Beta Program”), as well as your use of the Wikimee Platform Beta Services (“Beta Services”). To participate in a Beta Program or use the Beta Services, you must agree to these Terms.
We only allow invited customers to participate in the Beta.
The Wikimee Platform Terms of Service, in addition to these Terms, apply to the use of the Beta Services. This means that both agreements govern the Beta Services.
Beta features, by their very nature, are intended for testing, which means that they may not work as expected, present errors or cause unintended behavior.
You understand and agree that we are not responsible for any conflicts or problems caused by the Beta Service. We have no obligation to provide any kind of support for the Beta Services.
Beta Services may be a separate, stand-alone service accessible in addition to the currently available Wikimee Services (as defined in the Terms of Service), or may be a feature or functionality for existing Wikimee Services. A description of the Beta Service may be provided before or at the time you use a Beta Service, or if we make changes to the Beta Service. By agreeing to and complying with these Terms, we grant you a non-exclusive, revocable, non-transferable, limited license to use the Beta Services.
By accepting these Terms or using the Beta Services, you understand and agree that the Beta Services are being provided as a “Beta” version and made available on an “As Is” or “As Available” basis. The Beta Services may contain bugs, errors and other problems. YOU ASSUME ALL RISKS AND COSTS ASSOCIATED WITH THE USE OF THE BETA SERVICES, INCLUDING, WITHOUT LIMITATION, ANY INTERNET ACCESS FEES, BACKUP EXPENSES, COSTS INCURRED BY THE USE OF YOUR DEVICE AND PERIPHERALS, AND ANY DAMAGE TO EQUIPMENT, SOFTWARE, INFORMATION OR DATA. In addition, we are not obligated to provide any maintenance support, technical or otherwise, for the Beta Services.
We need your feedback to understand how to improve the Beta Services. By participating in our Beta Programs, you agree to provide us with feedback, and any feedback provided will be the property of Wikimee.
If we publish your feedback on the Beta, we will do so in a way that does not identify you, or we will contact you for permission to use your name.
The Beta Services are made available to you for evaluation and feedback purposes, without any compensation or reimbursement of any kind from Wikimee. You acknowledge the importance of communication between you and Wikimee during your use of the Beta Services and agree to receive correspondence and updates related to the Beta Services from us. If you request to opt out of such communications, your participation in the Beta Program will be terminated and your use of the applicable Beta Services will also be discontinued.
As part of your use of the Beta Services, you will be invited to provide feedback on your use of the Beta Services. You acknowledge that Wikimee owns any feedback you provide and grants us, if necessary, a permanent, non-revocable, royalty-free, international license to use and/or incorporate such feedback into any of our products or services, at any time, in our sole discretion. If we choose to publish such feedback, we will do so in a manner that does not identify you, or seek your consent in the event that we wish to identify you.
We may also monitor how you use Beta Services and use this information to improve Beta Services or, subsequently, our other products and services.
Wikimee owns all intellectual property involved with the Beta Services.
This agreement does not grant you a license to use our trademarks or brand features (there may be other agreements with Wikimee that grant this type of permission).
You are not allowed to reverse engineer or attempt to decipher any code, except in situations permitted by us.
You agree that Wikimee owns all legal right, title and interest in and to the Beta Program and Beta Services, including all intellectual property rights therein, and, except for the license provided herein, no other right or permission to any of the Wikimee Services is granted.
This agreement does not grant you the right to use any of our trade names, trademarks, service marks, logos, domain names and other distinctive brand features. Except to the extent permitted by law, you may not modify, distribute, prepare derivative works of, reverse engineer, reassemble, disassemble, decompile or attempt to decipher any code related to the Beta Services and/or any other aspect of Wikimee technology, except as permitted by us.
We may terminate or deactivate your use of the Beta Services at any time. Similarly, you may decide to stop using the Beta Services at any time. We may remove your access to Beta Service features at any time.
You understand and agree that we are not responsible for any conflicts or problems caused by the Beta Service. We have no obligation to provide any kind of support for the Beta Services.
These Terms will remain in effect for as long as you use the Beta Services. Either party may terminate these Terms prior to the end of your participation in the applicable Beta Program, for any reason or no reason, upon written notice to the other party. Upon termination, you will cease using the Beta Services.
These Terms will terminate automatically in the event of a breach by you of any of the obligations described herein, including breach of confidentiality. Breach of any of your obligations under this agreement may result in immediate termination of your use of other Beta Services or your participation in any other Beta Programs.
We reserve the right to modify or terminate the Beta Program or the Beta Services, or your use of the Beta Services, limit or deny your access to the Beta Services and/or your participation in the Beta Program, at any time, in our sole discretion, for any reason, with or without notice and without liability to you. You may discontinue your use of the Beta Services and/or your participation in the Beta Program at any time.
YOU ACKNOWLEDGE AND AGREE THAT THE BETA SERVICES ARE PROVIDED BY THE WIKIMEE DIGITAL EXPERIENCE PLATFORM ON AN “AS IS” AND "AS AVAILABLE" BASIS, AND YOUR ACCESS TO, PARTICIPATION IN, AND/OR USE OF THE WIKIMEE BETA PROGRAM OR BETA SERVICES IS AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WIKIMEE EXPRESSLY DISCLAIMS AND YOU RECEIVE NO WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANDISE, SATISFACTORY QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WIKIMEE DOES NOT WARRANT THAT ANY OF THE SERVICES WILL MEET YOUR REQUIREMENTS AND/OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE, NOR DOES WIKIMEE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR THE ACCURACY OF ANY OTHER INFORMATION OBTAINED THROUGH THE SERVICES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ANY OF THE SERVICES IS YOUR SOLE RESPONSIBILITY AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM AND/OR LOSS OF DATA RESULTING FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WIKIMEE OR THROUGH THE BETA SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
You will indemnify us if you violate these Terms, your use of the Beta Services or the law. Wikimee does not agree to indemnify you as part of your use of the Beta Services or participation in a Beta Program.
IN NO EVENT SHALL WIKIMEE OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL AND/OR INCIDENTAL LOSS, EXEMPLARY OR OTHER DAMAGES RELATED TO THESE TERMS AND/OR, IN ADDITION: (i) LOSS OF DATA, (ii) LOSS OF INCOME, (iii) LOSS OF OPPORTUNITY, (iv) LOSS OF PROFITS AND (v) RECOVERY COSTS OR ANY OTHER DAMAGES, CAUSED BY AND BASED ON ANY THEORY OF LIABILITY, WHETHER OR NOT FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTE OR OTHERWISE, AND WHETHER OR NOT WIKIMEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WIKIMEE'S MAXIMUM LIABILITY HEREUNDER IS LIMITED TO US$ 100.00. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to hold harmless and indemnify Wikimee, our affiliates and subsidiaries, officers, directors, agents and employees against any third party claim arising out of (i) your violation of the Terms, (ii) your use of the Beta Services and/or participation in the Beta Program(s), or (iii) your violation of law.
If previously communicated as a Confidential Program, when participating, it is extremely important that you do not disclose the existence of the Beta Program or the Beta Services to unauthorized persons and, as such, you are obligated to treat your participation as confidential. Sharing information about the Beta Services will cause damage to us, and you acknowledge that this damage will occur if you do not maintain confidentiality about the Beta Services.
You and Wikimee are expected to comply with the laws and regulations that apply to the Beta Services.
Some of these Terms and obligations will remain in force even if this agreement lapses or is terminated.
We reserve the right to make changes to these Terms from time to time and may or may not notify you in such a circumstance. You understand and agree that if you use the Beta Services after the date on which the Terms have changed, we will treat your use as acceptance of the updated Terms.
Both parties agree to comply with all applicable local, state, national and foreign laws, rules and regulations, including but not limited to all applicable import and export laws and regulations governing the use, transmission and/or communication of content, relating to your performance, participation, access and/or use of the Beta Services or the Beta Program.
Sections 2, 3, 4, 5, 6, 7, 8 and 9 shall survive the lapse or termination of this agreement.
WE SET UP A PILOT PROJECT WITH YOUR TEAM TO TEST THE WIIKIMEE PLATFORM
Set up a complete operating environment for testing.You also get a free consultation for your success