Terms and Conditions
THE COSMIC ATLAS Beta Program
THE LEGAL AGREEMENTS SET OUT BELOW GOVERN YOUR PARTICIPATION IN BETA TESTING AND USE OF BETA PRODUCTS OR SERVICES. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK “AGREE,” AND DO NOT REQUEST ACCESS OR USE THE BETA SOFTWARE. YOU ACKNOWLEDGE THAT BY USE OF THE BETA PRODUCTS OR SERVICES, YOU AGREE TO ABIDE BY AND THEREFORE ARE BOUND BY THESE TERMS.
Review the terms and conditions for participation as a Beta Tester and use of The Cosmic Atlas Beta Products or Services. These Terms and Conditions (“Terms” or “Agreement”) apply to testing of Beta Products or Services including but not limited to software, services, websites, and Smartphone or other app offerings (“Beta”). Beta Products and Services are the property of Cosmic Atlas, LLC. doing business as The Cosmic Atlas.
These Terms of Service are a legally binding Agreement between you (“Tester”) and us, Cosmic Atlas, LLC (“Company”), governing the use of Beta Products and Services. By use of the Beta, you agree to abide by and are therefore bound by the Terms, together with all updates, additional terms, distribution licenses and all of Cosmic Atlas’s Terms, rules and policies that collectively constitute the Agreement. If you do not agree to these Terms or do not have full power and authority to enter into this Agreement, do not use the Beta.
- Company Obligations
Company shall provide Tester with a copy of Beta via Test Flight on iOS and a public forum to report bugs, usability issues, feature requests, or any other feedback.
- Tester’s Obligations
Tester shall use Beta under normally expected operating conditions on Tester’s iOS device during the test period and provide feedback and/or report issues in the forum provided at cosmicatlas.com/forum.
- Trade Secret
Betas are proprietary to, and a valuable trade secret of, Company. It is entrusted to Tester only for the purpose set forth in this Agreement. Tester shall maintain Beta in the strictest confidence. Tester will not, without Company’s prior written consent:
(a) disclose any information about Beta to any third party employed by or affiliated with similar or competing mobile applications
(b) copy any portion of Beta or documentation, except to the extent necessary to perform beta testing; or
(c) reverse engineer, decompile or disassemble Beta or any portion of it.
- Security Precautions
Tester shall take reasonable security precautions to prevent Beta from being used by unauthorized individuals for the purpose of competitive research.
- Term of Agreement
The test period begins January 1, 2018 and ends when the completed app is available for sale in the Apple App Store. This Agreement shall terminate at the end of the test period or when Company asks Tester to remove Beta, whichever occurs first. The restrictions and obligations contained in Clauses 4, 7, 8, 9, 10, and 11 shall survive the expiration, termination or cancellation of this Agreement, and shall continue to bind Tester, its successors, heirs and assigns.
- Return of Beta and Materials
Beta will be unavailable for further use within 90 days of the conclusion of the testing period.
- Disclaimer of Warranty
Beta is a test product and its accuracy and reliability are not guaranteed. Tester shall not rely exclusively on Beta for any reason. Tester waives any and all claims Tester may have against Company arising out of the performance or nonperformance of Beta.
BETA IS PROVIDED AS IS, AND COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO IT, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
- Limitation of Liability
Company shall not be responsible for any loss or damage to Tester or any third parties caused by Beta. COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE, WHETHER BASED ON CONTRACT OR TORT OR ANY OTHER LEGAL THEORY, ARISING OUT OF ANY USE OF BETA OR ANY PERFORMANCE OF THIS AGREEMENT.
- No Rights Granted
This Agreement does not constitute a grant or an intention or commitment to grant any right, title or interest in Beta or Company’s trade secrets to Tester. Tester may not sell or transfer any portion of Beta to any third party or use Beta in any manner to produce, market or support its own products. Tester shall not identify Beta as coming from any source other than Company.
- No Assignments
This Agreement is personal to Tester. Tester shall not assign or otherwise transfer any rights or obligations under this Agreement.
- General Provisions
(a) Relationships: Nothing contained in this Agreement shall be deemed to constitute either party a partner, joint-venture or employee of the other party for any purpose.
(b) Severability: If a court finds any provision of this Agreement invalid or unenforceable, the remainder of this Agreement shall be interpreted so as best to effect the intent of the parties.
(c) Integration: This Agreement expresses the complete understanding of the parties with respect to the subject matter and supersedes all prior proposals, agreements, representations and understandings. Company reserves the right to revise or change this Agreement as needed at any time during the test period.
(d) Waiver: The failure to exercise any right provided in this Agreement shall not be a waiver of prior or subsequent rights.
(e) Attorney Fees and Expenses: In a dispute arising out of or related to this Agreement, the prevailing party shall have the right to collect from the other party its reasonable attorney fees and costs and necessary expenditures.
(f) Governing Law: This Agreement shall be governed in accordance with the laws of the Commonwealth of Virginia.
(g) Jurisdiction: The parties consent to the exclusive jurisdiction and venue of the federal and state courts located in Portsmouth, Virginia in any action arising out of or relating to this Agreement. The parties waive any other venue to which either party might be entitled by domicile or otherwise.
Effective: January 1, 2019