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These AfterShip Beta Terms (“Beta Terms”) govern Your participation in, and Your access to and use of, any AfterShip Beta Features. These Beta Terms form part of the AfterShip Terms of Service (“Terms” or “Terms of Service”) and are incorporated into the Terms by reference. Capitalized terms used but not defined in these Beta Terms have the meaning given to them in the Terms of Service and in the AfterShip Feature Specific Terms.

1. DEFINITIONS

AfterShip Beta Features (also referred to as “Beta Features”) means any Feature, or any part of a Feature, that AfterShip makes available to You on a trial, beta, alpha, early access, preview, pilot, limited release, evaluation, non-production, or similar pre-release basis, whether or not designated as such, and which AfterShip has not made generally available.

General Availability (or “GA”) means the date on which AfterShip makes a Beta Feature generally available to its Users for production use.

2. ELIGIBILITY AND PARTICIPATION

2.1 Participation. AfterShip may, in its sole discretion, invite You to access one or more Beta Features, and You may accept or decline participation in Your sole discretion. AfterShip may determine the eligibility criteria for, and the duration of, any beta program, and may withdraw Your access in accordance with clause 5.

2.2 Acceptable Use. You shall access and use the Beta Features in accordance with the Terms of Service and all other applicable terms and policies. The Beta Features are provided for Your internal evaluation and testing purposes only, and are not intended for production use or for use with business-critical data.

2.3 As Is. You understand and acknowledge that the Beta Features are at an early stage of development and may contain bugs, errors, and other defects, may be incomplete or unstable, may not operate correctly or at all, and may be changed, suspended, or withdrawn at any time. You assume all risks and all costs associated with Your access to and use of the Beta Features. AfterShip is under no obligation to provide maintenance, technical, or other support for the Beta Features, and the Beta Features are not subject to any service level commitment, uptime commitment, or indemnification obligation under the Terms.

2.4 Fees. AfterShip reserves the right to make Beta Features available to You free of charge, or to charge fees for access to and use of the Beta Features, as set out in the applicable Service Plan, Service Order, or Work Order.

3. DEVELOPER AND API USE

If You access or use any Beta Features by means of the API, or otherwise in connection with the development of applications or integrations, the AfterShip Developer and API Agreement also applies to that access and use. In the event of a conflict between these Beta Terms and the AfterShip Developer and API Agreement in respect of the Beta Features, these Beta Terms shall prevail.

4. INTELLECTUAL PROPERTY

4.1 Ownership. As between the parties, and as further set out in the Terms of Service, AfterShip and its licensors own all Intellectual Property Rights in and to the Beta Features and all related materials, including all copyrights, patents, trade secrets, and trademarks. Nothing in these Beta Terms grants You any right, title, or interest in the Beta Features, other than the limited right to access and use them in accordance with these Beta Terms.

4.2 Feedback. AfterShip may invite You to provide, and You may choose to provide comments, suggestions, observations, ideas, and other feedback regarding the Beta Features (“Feedback”). You grant AfterShip a perpetual, worldwide, non-exclusive, irrevocable, royalty-free, and fully transferable licence to use, reproduce, modify, and otherwise exploit the Feedback for any purpose, including the development, improvement, marketing, and provision of AfterShip’s products and services, without any obligation of compensation or attribution to You. AfterShip may request that You provide Feedback in a form reasonably specified by AfterShip, and You agree to provide such Feedback on a timely basis.

4.3 Monitoring. AfterShip may monitor Your access to and use of the Beta Features, and may use the resulting information to operate, evaluate, and improve the Beta Features and AfterShip’s other products and services, subject to clause 7 (Data Protection).

5. MODIFICATION, SUSPENSION, AND TERMINATION

5.1 Modification. AfterShip reserves the right to modify the Beta Features and these Beta Terms at any time, in its sole discretion, with or without notice, and without liability to You. If You access or use the Beta Features after the date on which these Beta Terms are modified, AfterShip will treat Your continued access or use as acceptance of the modified Beta Terms.

5.2 Term. These Beta Terms apply to each Beta Feature until the earlier of its General Availability or its discontinuation. AfterShip may terminate, suspend, deny access to, or limit Your use of any Beta Feature at any time, in its sole discretion, with or without cause, with or without notice, and without liability to You. AfterShip does not warrant or guarantee that any Beta Feature will be made generally available, and You shall not rely on, or make any purchasing or other business decision in reliance on, the future availability of any Beta Feature.

6. DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE BETA FEATURES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND YOUR ACCESS TO, PARTICIPATION IN, AND USE OF THE BETA FEATURES IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AFTERSHIP DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. AFTERSHIP DOES NOT WARRANT THAT THE BETA FEATURES WILL MEET YOUR REQUIREMENTS, THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY DEFECT WILL BE CORRECTED. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AFTERSHIP OR THROUGH THE BETA FEATURES SHALL CREATE ANY WARRANTY NOT EXPRESSLY SET OUT IN THESE BETA TERMS.

7. DATA PROTECTION

7.1 Application of the Data Processing Agreement. The Data Processing Agreement continues to apply to any Processing of Personal Data carried out in connection with the Beta Features, except as modified by these Beta Terms and by Your documented instructions. By enabling, configuring, or participating in a Beta Feature, You instruct AfterShip to Process Personal Data as reasonably necessary to provide, operate, and evaluate that Beta Feature, and the Data Processing Agreement applies as modified by that instruction.

7.2 Your responsibilities. You are responsible for determining whether a Beta Feature is appropriate for the Personal Data that You choose to make available to it, and for ensuring that You have a valid legal basis and all necessary consents for that Processing. Given the pre-release nature of the Beta Features, You should exercise caution and avoid using the Beta Features to Process sensitive or business-critical Personal Data.

8. LIMITATION OF LIABILITY AND INDEMNIFICATION

8.1 Limitation. To the maximum extent permitted by applicable law, AfterShip and its Affiliates shall not be liable for any indirect, special, consequential, incidental, exemplary, or punitive loss or damage, or for any loss of data, loss of profits, loss of revenue, loss of business, loss of opportunity, or cost of procurement of substitute services, arising out of or in connection with the Beta Features, however caused and on any theory of liability, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, and whether or not AfterShip has been advised of the possibility of such loss or damage. To the maximum extent permitted by applicable law, the total aggregate liability of AfterShip and its Affiliates arising out of or in connection with the Beta Features shall not exceed one hundred United States dollars (US $100).

8.2 Mandatory liability. Nothing in these Beta Terms excludes or limits the liability of either party where, or to the extent that, such liability cannot be excluded or limited under applicable law. This includes, without limitation, liability for death or personal injury caused by negligence, liability for fraud or fraudulent misrepresentation, and any liability of AfterShip under applicable Data Protection Laws, including in the European Economic Area, Switzerland, and the United Kingdom, that cannot lawfully be excluded or limited.

8.3 Indemnification. You shall indemnify, defend, and hold harmless AfterShip, its Affiliates, and their respective officers, directors, agents, and employees from and against any third party claim arising out of or in connection with (i) Your breach of these Beta Terms, (ii) Your access to or use of the Beta Features, or (iii) Your violation of any applicable law, rule, or regulation in connection with the Beta Features.

9. CONFIDENTIAL INFORMATION

You acknowledge and agree that (i) the Beta Features, their existence and functionality, any related materials and Documentation, and Your access to, use of, and experience with the Beta Features, together with any Feedback, constitute the Confidential Information of AfterShip under the Terms of Service, and (ii) You shall keep such Confidential Information strictly confidential, and shall not disclose it to any third party or use it for any purpose other than Your participation in the Beta Features in accordance with these Beta Terms. You acknowledge that the unauthorized disclosure of such Confidential Information would cause damage to AfterShip’s competitive and Intellectual Property interests.

10. GENERAL

These Beta Terms supplement the Terms of Service. In the event of a conflict between these Beta Terms and any other provision of the Terms of Service in respect of the Beta Features, these Beta Terms shall prevail to the extent of the conflict. In all other respects, the Terms of Service remain in full force and effect.