These Beta Services Terms ("Beta Terms") apply to any alpha, beta, preview, pilot, early access, or other pre-release features or services identified by Provider as "beta" ("Beta Services").
These Beta Terms are incorporated by reference into the Agreement between Provider and Customer to the extent Beta Services are provided under an Order Form, SOW, or otherwise under the Agreement.
Order of precedence. In the event of conflict:
the BAA controls for PHI;
the DPA controls for Personal Data processing;
these Beta Terms control for Beta-specific terms (beta disclaimers, feedback, feature changes), except where overridden by the Agreement's confidentiality and IP terms.
No expanded liability. Provider's limitations of liability apply, and Section 9 below provides additional Beta-specific limitations.
1. Beta Access and Scope
1.1 Beta Scope. Provider may provide access to Beta Services, including early-release functionality and limited-availability features.
1.2 Availability. Beta Services may be modified, suspended, or withdrawn at any time in Provider's sole discretion.
1.3 No SLA. Beta Services are provided without any service level agreement unless expressly stated in a signed Order Form or SOW.
1.4 Support. Support for Beta Services is provided only as described in an applicable Order Form or SOW, and Provider may limit support hours, response times, and channels during beta.
2. Acceptable Use and Restrictions
2.1 Authorized Use. Customer may use Beta Services solely for evaluation, internal testing, and business use consistent with the Agreement and applicable Order Form/SOW.
2.2 Restrictions. Customer will not:
reverse engineer or attempt to derive source code (except to the extent prohibited by law);
use Beta Services to build a competing product;
bypass security controls;
interfere with service operation or other customers; or
submit malware or unlawful content.
2.3 Benchmarking. Customer will not publish benchmarks, performance tests, or comparative analyses of Beta Services without Provider's prior written consent.
3. Data Use, Non-Production Restrictions, and Customer Responsibilities
3.1 Production vs Non-Production. Customer acknowledges Provider may provide separate environments for production and non-production.
3.2 No PHI in Non-Production. Unless expressly authorized in writing by Provider and safeguarded appropriately, Customer will not upload, store, or process PHI in any non-production environment (including sandbox/pre-production/test).
3.3 Customer Configurations. Customer is responsible for:
configuring roles/permissions using least privilege;
implementing MFA/SSO for users where available;
ensuring appropriate consents for communications (email/SMS);
ensuring integrations, API use, and webhooks are secured.
3.4 Data Processing Terms. Processing of Personal Data is governed by the DPA (if applicable). If Customer uses the Services with PHI, processing is governed by the BAA (if applicable).
4. Confidentiality; Beta Pricing
4.1 Confidential. Beta Services, beta documentation, beta feature descriptions, and any non-public performance or pricing information are Provider Confidential Information.
4.2 Beta Pricing Confidentiality. If Customer receives beta pricing, discounts, or special commercial terms, Customer agrees those terms are confidential. Unauthorized disclosure may result in termination of beta pricing eligibility, adjustment to standard market rates, and/or termination of access to Beta Services, in Provider's discretion consistent with the Agreement.
5. Feedback
5.1 Feedback Grant. Customer may provide feedback ("Feedback"). Customer grants Provider a perpetual, irrevocable, worldwide, royalty-free license to use Feedback for any purpose without obligation, provided Provider does not disclose Customer Confidential Information in doing so.
5.2 No Obligation. Provider is not obligated to implement Feedback.
6. Beta Disclaimers
6.1 Beta Nature. Customer acknowledges Beta Services may contain defects, be incomplete, change materially, not operate uninterrupted, and may not be suitable for production-critical use.
6.2 No Warranties. To the maximum extent permitted by law, Beta Services are provided "AS IS" and "AS AVAILABLE," without warranties of any kind (including merchantability, fitness for a particular purpose, non-infringement, and error-free operation).
6.3 Customer Responsibility for Testing. Customer is responsible for appropriate testing and validation prior to relying on Beta Services for business-critical workflows.
7. No Liability for Changes/Discontinuation
Provider has no liability for modifying, suspending, or discontinuing Beta Services.
8. Term and Termination
8.1 Term. These Beta Terms apply until the earlier of: (a) end of the beta program; (b) conversion of the Beta Services to general availability under a standard subscription; or (c) termination as permitted below.
8.2 Termination by Provider. Provider may terminate Customer access to Beta Services at any time, with or without notice.
8.3 Termination by Customer. Customer may stop participating in beta upon written notice to Provider.
8.4 Effect. Upon termination, Customer must stop using Beta Services. Data handling post-termination is governed by the Agreement/DPA (and BAA if applicable).
9. Limitation of Liability (Beta)
9.1 Beta Liability Cap. To the maximum extent permitted by law, Provider's total liability arising out of or relating to Beta Services will not exceed the amount paid by Customer to Provider for Beta Services in the three (3) months preceding the event giving rise to the claim, or $1,000, whichever is less.
9.2 Excluded Damages. Provider will not be liable for indirect, incidental, special, consequential, or punitive damages (including lost profits, revenue, data, goodwill, or business interruption).
10. Dispute Resolution
Disputes relating to Beta Services are governed by the dispute resolution provisions in the Agreement.
