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Effective: October 1, 2021

These Beta Service Terms (“Terms”) describe your rights and responsibilities when accessing the Platform beta feature of the ww5 Services (“Platform Beta Feature”). By indicating your acceptance to these Terms, or enabling or using the Platform Beta Feature, you:

• agree to the following terms on behalf of the ww5 customer with which you are employed, affiliated or associated (“Customer”),
• represent that you have the authority to bind Customer to these Terms, and
• represent that you are an Authorized User under the Customer Terms of Service or other written agreement between ww5 and Customer governing provision and use of the Services (the “Agreement”).

If you do not have such authority or do not agree to these Terms, you may not use the Platform Beta Feature. These Terms are governed by the Agreement. Capitalized terms used but not defined in these Terms have the meanings given to them in the Agreement.

1. Platform Beta Feature. By agreeing to these Terms, Customer has elected to evaluate, free of charge the Platform Beta Feature. The Platform Beta Feature may require the use of certain ww5 APIs, and in such case, the separately agreed to API Terms of Service found at /terms-of-service/api shall govern. Pursuant to the Terms hereof, ww5 agrees to allow Customer to test and evaluate the Platform Beta Feature. The Platform Beta Feature is intended for evaluation purposes and not for production use, is not generally available, may contain bugs and errors, and may be subject to additional terms as set forth in any associated documentation.
2. No Performance or Uptime Warranties. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE AGREEMENT, CUSTOMER ACKNOWLEDGES AND AGREES THAT THE PLATFORM BETA FEATURE IS PROVIDED “AS-IS” WITH RESPECT TO ITS PERFORMANCE, SPEED, FUNCTIONALITY, SUPPORT AND AVAILABILITY, AND ww5 WILL HAVE NO LIABILITY OR OBLIGATION FOR ANY HARM OR DAMAGE ARISING FROM DEFICIENCIES THEREWITH.
3. Feedback. Customer agrees to provide ongoing feedback to ww5 regarding the Platform Beta Feature. Customer grants ww5 an unlimited, irrevocable, perpetual, sublicensable, royalty-free license to use any such feedback or suggestions for any purpose without any obligation or compensation to Customer or any Authorized User.
4. Publicity. Customer acknowledges that ww5 may wish to promote Customer as a customer of ww5’s Services and user of the Platform Beta Feature. Customer agrees to enter into good faith negotiations with ww5 regarding the right to (1) use Customer’s name and logo as a reference for marketing and promotional purposes, including but not limited to, on ww5’s website, subject to Customer’s standard trademark usage and guidelines as provided to ww5, and (2) reference Customer as a customer of ww5’s Services and Platform Beta Feature to other prospective and existing customers. Additionally, and upon request from ww5, Customer will consider participating in a written story, or provide a comment, quotation or statement related to Customer’s use of ww5’s Services and the Platform Beta Feature. ww5 will obtain Customer’s written consent (via email is permitted) prior to using Customer’s name or logo in marketing or promotional materials, including written stories, comments, quotations, or statements in connection with the Platform Beta Feature (“Publicity Rights”). The parties acknowledge and agree that Publicity Rights are not a requirement for Customer to test or evaluate the Platform Beta Feature.
5. Confidentiality. Subject to the “Publicity” section, Customer agrees that the existence of these Terms and any associated documentation; any associated functionality or product information; any features or functions of the “ww5” team communications platform that are disclosed by ww5 to Customer and are not publicly available including, without limitation, non-public or pre-release tools, products, environments or APIs and any associated documentation, and any and all data or information contained therein (“ww5 Proprietary Elements”); and Customer’s participation in the Platform Beta Feature program constitute ww5’s Confidential Information, as defined in the Agreement. This “Confidentiality” section shall survive termination of these Terms and shall continue to apply to the ww5 Proprietary Elements unless and until the ww5 Proprietary Elements become generally available to the public without restriction and through no fault of Customer or any of its Affiliates, agents, consultants or employees.
6. Term and Termination. Notwithstanding anything to the contrary in the Agreement, these Terms commence on the date you indicate your acceptance to the Terms, or enable or use the Platform Beta Feature, whichever is earliest, and will remain in effect unless either party provides written notice of termination upon thirty days’ written notice to the other. Customer’s right to use the Platform Beta Feature will commence on the date ww5 makes the Platform Beta Feature available to Customer, and will end on the earlier of (a) the date ww5 makes the Platform Beta Feature generally available within, or as an add-on to, the Services, or (b) the termination date of the Platform Beta Feature following thirty (30) days’ written notice by Customer. Customer acknowledges and agrees that ww5 may discontinue making the Platform Beta Feature available to Customer at any time in its sole discretion, and may never make the Platform Beta Feature generally available as part of, or an add-on to, the Services, and that its decision to purchase the Services was not and is not contingent on the delivery of any future functionality or features within the Platform Beta Feature.
7. Miscellaneous. These Terms constitute the entire agreement between the parties and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning the Platform Beta Feature.