Thank you for participating in the Vyten Beta Services. These Vyten Beta Services Terms (“Beta Terms”) apply to and govern your participation in any or all of Vyten’s public or private Beta Services. These Beta Terms form part of the Vyten Terms of Service and are incorporated therein by reference.

Some terms used in these Beta Terms are defined in the Terms of Service.

1. ELIGIBILITY AND PARTICIPATION

1.1 Acceptable Use
You agree to use the Beta Services in accordance with the Vyten Professional Services Agreement, applicable laws, and all other applicable Vyten policies.

1.2 As Is
You acknowledge and agree that the Beta Services are provided 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 your use of the Beta Services, including but not limited to any internet access fees, backup expenses, device and peripheral costs, and any potential damage to your equipment, software, information, or data. Vyten is not obligated to provide maintenance, technical, or other support for the Beta Services.

1.3 Beta Service Fees
Vyten reserves the right to offer Beta Services to you either for free or for a fee. Any applicable fees for the Beta Services will be provided to you in writing.

2. DEVELOPERS
If you are a developer, the Vyten Developer Terms will apply in addition to these Beta Terms.

3. INTELLECTUAL PROPERTY

3.1 Beta Services Ownership
Vyten retains ownership of all intellectual property rights for the Beta Services, including but not limited to copyrights, patents, trade secrets, and trademarks.

3.2 Beta Services Feedback
Vyten encourages feedback regarding the Beta Services. Any feedback you provide to Vyten about the Beta Services will be considered non-confidential, and Vyten may use that feedback to improve the Beta Services or other products.

3.3 Beta Services Monitoring
Vyten may monitor how you use the Beta Services and may use that information to improve the Beta Services or its other products and services.

4. MODIFICATION AND TERMINATION

4.1 Beta Services Modification
Vyten reserves the right to modify, update, or discontinue the Beta Services at any time in its sole discretion, with or without notice, and without liability to you. Your continued use of the Beta Services after any changes constitutes your acceptance of the updated terms.

4.2 Termination
These Beta Terms will remain in effect until the Beta Service is made generally available to the public (General Availability or "GA") or is discontinued. Vyten may terminate, suspend, deny access to, or limit your use of the Beta Services at any time, with or without cause, with or without notice, and without liability.

5. DISCLAIMER OF WARRANTIES
You acknowledge that the Beta Services are provided on an “As Is” and “As Available” basis, and your use of the Beta Services is at your own risk. Vyten makes no warranties, express or implied, including but not limited to those of merchantability, fitness for a particular purpose, and non-infringement. Vyten does not guarantee that the Beta Services will meet your requirements, be uninterrupted, timely, or error-free. Any material obtained through the use of the Beta Services is done at your own risk, and you will be solely responsible for any damage to your systems or loss of data.

6. LIMITATION OF LIABILITY AND INDEMNIFICATION
Vyten and its affiliates are not liable for any indirect, special, consequential, or incidental damages, including but not limited to loss of data, income, or profits. To the extent permitted by applicable law, Vyten’s maximum liability under these Beta Terms is limited to $100.00.

You agree to indemnify and hold harmless Vyten, its affiliates, employees, and agents from any third-party claims arising from your use of the Beta Services, including but not limited to claims of breach of these Beta Terms, violations of law, or any damages caused by your use of the Beta Services.

7. CONFIDENTIAL INFORMATION
You agree that the Beta Services and related materials constitute confidential information, as defined in the Terms of Services, and agree to keep such information confidential. Unauthorized disclosure of this information could harm Vyten’s competitive interests and intellectual property rights.

8. GENERAL

8.1 Conflict
In the event of any conflict between these Beta Terms and the Terms of Service, these Beta Terms will take precedence with respect to your participation in the Beta Services.

By using the Beta Services, you acknowledge that you have read, understood, and agree to be bound by these Beta Terms, as well as the Vyten Terms of Service.