Beta Testing Agreement

BETA PROGRAM - TERMS OF PARTICIPATION

1. PARTICIPATION IN BETA PROGRAM

1.1 This beta program agreement (Agreement) is entered into between Job Adder Operations Pty Ltd (ACN 167 597 953) (referred to as we, us or our) and the business that acquires the Service from JobAdder (Customer), together the Parties and each a Party. You accept this Agreement on behalf of the Customer by clicking ‘Submit’ on the “Beta Program Participation Form” at https://3tqus.share.hsforms.com/28JzaGqXGT5SYPJFy2rT_vA. Only current admins on the Customer’s JobAdder account may accept these beta terms on behalf of the Customer

1.2 From time to time, we launch new features and functionality (Feature) including Features which are designed as “beta”, “pilot” or “for evaluation”, prior to general commercial release (Beta Functionality). We will request feedback from the Customer on the Beta Functionality in various forms, including verbally and via surveys and questionnaires (Feedback).

1.3 In consideration for the Customer providing the Feedback, we will provide the Customer with access to Beta Functionality in accordance with this Agreement. These terms will apply to all Beta Functionality which are enabled on the Customer’s account.

2. BETA FUNCTIONALITY

2.1 When a new Beta Functionality is being offered, JobAdder will contact you to let you know that the Beta Functionality is being added to your account, unless you opt-out of that Beta Functionality being added to your account by emailing updates@jobadder.com. Except where it has opted out of a particular Beta Functionality, Customer permits JobAdder to turn on each Beta Functionality for all users on its JobAdder account.

2.2 With respect to Beta Functionality, Customer acknowledges and agrees that:

(a) due to the developmental nature of the Beta Functionality, Customer uses Beta Functionality at its own risk. We do not guarantee that Beta Functionality is error-free and we have no obligation to maintain or provide error corrections;

(b) We can modify the Beta Functionality, at any time in our sole discretion, with or without notice, and without liability to Customer;

(c) the switching on, or use of, certain Beta Functionality may impact Customer’s existing workflows in the Service;

(d) We may terminate, suspend, deny access to or limit Customer’s use of the Beta Functionality at any time in our sole discretion, with or without cause, with or without notice, and without liability to Customer; and

(e) We may commercialise and sell the Beta Functionality to any customers at any time.

2.3 JobAdder is not liable to Customer for any losses that arise to Customer or any other third party as a result of the issues set out in clause 2.2.

3. FEEDBACK

Customer and its users agree to promptly submit Feedback when requested. Customer agrees that:

(a) we are not obliged to use any of the Feedback;

(b) we may collect and use Feedback in any manner which we see fit for the development and enhancement of our Service.

(c) No benefit or compensation (beyond participation in the Beta Program) will be due to Customer or its users if we use the Feedback;

(d) Feedback will not be considered confidential information and we may distribute the Feedback including to our employees, officers and agents; and

(e) any permission granted by Customer to us under this Agreement will extend to our successors, licensees and assigns and will be irrevocable and perpetual.

4. INTELLECTUAL PROPERTY

4.1 For the purposes of this Agreement, Intellectual Property means any copyright, registered or unregistered designs or trade marks, domain names, databases or source codes, and includes Beta Functionality look and function, as well as our enhancements or modifications of the foregoing. We own all Intellectual Property rights in the Beta Functionality. Customer agrees not to copy or otherwise misuse our Intellectual Property without our written permission (for example, Customer must not reverse engineer or discover the source code of our Intellectual Property).

4.2 As between the Parties, ownership of all rights (including any Intellectual Property rights) in the Feedback will at all times vest, or remain vested, in us upon creation. If ownership of such rights in the Feedback do not automatically vest in us, Customer agrees to do all acts necessary to assure our title to such rights and will compel its users to do the same if required.

5. INDEMNITY

Customer understands and accepts all the risks of using Beta Functionality and indemnifies, forever discharges and releases us (and our contractors, agents and employees), against all liability (including liability for our negligence and the negligence of others), claims, demands and proceedings arising out of or connected with this Agreement.

6. LIMITATION OF LIABILITY

To the maximum extent permitted by law the Beta Functionality are provided “as is”, are exclusive of any warranty whatsoever, and we expressly disclaim any warranties of merchantability or fitness for a particular purpose. Despite anything to the contrary, to the maximum extent permitted by law:

(a) neither Party will be liable for direct or consequential loss arising in connection with the Beta Functionality; and

(b) our aggregate liability arising from or in connection with this Agreement will be limited to us resupplying the Beta Functionality to Customer.

7. TERM AND TERMINATION

7.1 This Agreement will commence on the date that you click ‘I Accept’ or respond by return email (as the case may be) and will continue until the earlier of:

(a) Customer ceasing to be a JobAdder customer; or

(b) Customer advising in writing that it no longer wishes to be a beta program participant; or

(c) us advising in writing that Customer is no longer a beta program participant.

7.2 If you wish to switch off a specific piece of Beta Functionality, you may contact JobAdder Support at any time. Once Beta Functionality has been released as a regular piece of JobAdder functionality, it will no longer be considered Beta Functionality and you will no longer be able to switch it off/opt out of having it applied to your account.

8. GENERAL

8.1 You represent and warrant that you are an admin on the JobAdder account at the time of accepting these terms and have full power and authority to enter into this Agreement on behalf of the Customer.

8.2 These terms may be updated by us on 30 days' written notice to you. Your continued participation in the beta program following notification of the change, constitutes your acceptance of the updated terms.

8.3 Governing law: This Agreement will be governed by and construed in accordance with the laws in force in New South Wales, Australia. The Parties irrevocably submit to the exclusive jurisdiction of the courts of New South Wales, Australia.

8.4 Severability: If any part of this Agreement is found to be invalid or of no force or effect under any applicable laws, executive orders or regulations of any government authority having jurisdiction, this Agreement will be construed as though such part had not been inserted herein and the remainder of this Agreement will retain its full force and effect.

8.5 Waiver: No waiver by either party of any provisions of this Agreement will amount to a waiver of any other provision of this Agreement unless made in writing and signed by the party against whom the waiver would have been enforced.

8.6 This Agreement incorporates and is governed by our Terms of Use (https://jobadder.com/terms-and-conditions/). Customer agrees to use the Beta Functionality in accordance with the Terms of Use. If there is any inconsistency between a term of this Agreement and our Terms of Use, this Agreement will take precedence as it relates to Customer’s use of the Beta Functionality.

For any questions, please contact us https://jobadder.com/contact/