PraiseBuddy Beta Testing Agreement

Effective Date: 07/02/2025 | Last Updated: 07/02/2025

This Beta Testing Agreement ("Beta Agreement") is entered into between CLEVES VENTURES L.L.C., a Connecticut limited liability company ("PraiseBuddy," "we," "us," or "our"), and you ("Beta Tester," "you," or "your"), and governs your participation in the beta testing program for the PraiseBuddy mobile application and services (the "Beta Service").

This Beta Agreement supplements and incorporates by reference the PraiseBuddy Terms of Service and Privacy Policy. In the event of any conflict between this Beta Agreement and the Terms of Service, this Beta Agreement shall control during the Beta Period.

1. Beta Program Overview

1.1 Purpose

The purpose of this beta testing program is to evaluate the functionality, performance, and user experience of PraiseBuddy's QR code-based loyalty platform before general public release. Your participation helps us identify bugs, improve features, and enhance the overall service quality.

1.2 Beta Period

The Beta Period begins on your acceptance of this Agreement and continues until PraiseBuddy provides notice of termination or launches the Service publicly. We may extend, shorten, or modify the Beta Period at our sole discretion.

1.3 Limited Availability

The Beta Service is available only to selected participants in the United States. Features, functionality, and availability may change without notice during the Beta Period.

2. Beta Software Disclaimers

2.1 Experimental Nature

IMPORTANT NOTICE:

THE BETA SERVICE IS EXPERIMENTAL AND PROVIDED "AS IS" AND "AS AVAILABLE." THE BETA SOFTWARE IS BELIEVED TO CONTAIN DEFECTS, ERRORS, AND BUGS. A PRIMARY PURPOSE OF THIS BETA TEST IS TO OBTAIN FEEDBACK ON SOFTWARE PERFORMANCE AND THE IDENTIFICATION OF DEFECTS.

2.2 No Warranties

PRAISEBUDDY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE BETA SERVICE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE BETA SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

2.3 Data Loss Warning

YOU ARE ADVISED TO SAFEGUARD IMPORTANT DATA, USE CAUTION, AND NOT RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE BETA SERVICE. THE BETA SERVICE MAY CAUSE DATA LOSS, CORRUPTION, OR SECURITY VULNERABILITIES. WE STRONGLY RECOMMEND MAINTAINING BACKUPS OF ALL IMPORTANT DATA.

2.4 Feature Changes

Features available during the Beta Period may be modified, suspended, or discontinued at any time without notice. Features available during beta testing may not be included in the public release version.

3. Beta Tester Obligations

3.1 Eligibility

By participating in the beta program, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into this Agreement. If participating on behalf of a business, you have the authority to bind that business to this Agreement.

3.2 Active Participation

As a Beta Tester, you agree to actively use the Beta Service and provide meaningful feedback. This includes testing core features such as QR code generation and scanning, customer check-ins, reward management, and analytics dashboards.

3.3 Feedback Requirements

You agree to provide feedback regarding your experience with the Beta Service, including but not limited to usability issues, bugs, feature suggestions, and general impressions. Feedback may be provided through in-app reporting tools, surveys, email communications, or scheduled feedback sessions.

3.4 Bug Reporting

You agree to promptly report any bugs, defects, errors, or security vulnerabilities discovered during your use of the Beta Service. Bug reports should include detailed steps to reproduce the issue, device information, and screenshots when applicable.

3.5 Compliance

You agree to use the Beta Service in compliance with all applicable laws and regulations, the Terms of Service, and this Beta Agreement. You will not attempt to reverse engineer, decompile, or otherwise access the source code of the Beta Service.

4. Confidentiality

4.1 Confidential Information

During the Beta Period, you may have access to confidential information including unreleased features, product plans, technical specifications, and business strategies ("Confidential Information"). You agree to maintain the confidentiality of all Confidential Information and not disclose it to any third party.

4.2 Public Disclosure Restrictions

You agree not to publicly disclose your participation in the beta program or share screenshots, videos, or detailed descriptions of the Beta Service on social media, blogs, or other public forums without our prior written consent.

4.3 Permitted Disclosures

You may disclose Confidential Information only to your employees or contractors who have a legitimate need to know for testing purposes and who are bound by confidentiality obligations at least as restrictive as those in this Agreement.

4.4 Duration

Your confidentiality obligations survive termination of this Agreement for a period of three years, except for trade secrets which remain confidential indefinitely.

5. Intellectual Property

5.1 Feedback License

By providing feedback, suggestions, or ideas about the Beta Service, you grant PraiseBuddy a perpetual, worldwide, irrevocable, royalty-free license to use, modify, distribute, and incorporate such feedback into our products and services without any obligation to you.

5.2 No Compensation

You acknowledge that your participation in the beta program and provision of feedback is voluntary and without expectation of compensation, credit, or acknowledgment.

5.3 Beta Tester Content

You retain ownership of any content you create using the Beta Service. However, you grant us a license to use such content for testing, debugging, and improvement purposes during and after the Beta Period.

6. Limitation of Liability

6.1 Disclaimer of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PRAISEBUDDY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR PARTICIPATION IN THE BETA PROGRAM OR USE OF THE BETA SERVICE, INCLUDING BUT NOT LIMITED TO:

  • LOSS OF PROFITS, REVENUE, OR BUSINESS
  • LOSS OF DATA OR DATA CORRUPTION
  • BUSINESS INTERRUPTION
  • LOSS OF GOODWILL OR REPUTATION
  • COST OF SUBSTITUTE SERVICES

THIS LIMITATION APPLIES REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF PRAISEBUDDY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

6.2 Cap on Liability

PRAISEBUDDY'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THIS BETA AGREEMENT OR THE BETA SERVICE SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

6.3 Essential Purpose

You acknowledge that these limitations are an essential element of this Agreement and that PraiseBuddy would not provide access to the Beta Service without these limitations.

7. Indemnification

You agree to indemnify, defend, and hold harmless PraiseBuddy and its officers, directors, employees, agents, and affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

  • Your use or misuse of the Beta Service
  • Your violation of this Beta Agreement or applicable laws
  • Your breach of confidentiality obligations
  • Any content you submit or transmit through the Beta Service
  • Your negligence or willful misconduct

8. Data Collection and Privacy

8.1 Enhanced Data Collection

During the Beta Period, we may collect additional diagnostic and usage data beyond what is described in our standard Privacy Policy. This includes detailed app performance metrics, crash reports, feature usage patterns, and user interaction data.

8.2 Analytics and Monitoring

We use enhanced analytics and monitoring tools during beta testing to track app stability, identify issues, and understand user behavior. This data is used solely for improving the Service.

8.3 Data Retention

Beta testing data may be retained for up to six months after the Beta Period ends for analysis and product improvement purposes, after which it will be anonymized or deleted.

9. Termination

9.1 Termination by Either Party

Either party may terminate this Beta Agreement at any time for any reason upon written notice to the other party.

9.2 Automatic Termination

This Beta Agreement automatically terminates upon the public launch of the Service or the end of the Beta Period as determined by PraiseBuddy.

9.3 Effect of Termination

Upon termination, your access to the Beta Service will be revoked immediately. You must cease all use of the Beta Service and destroy any downloaded materials. Sections regarding confidentiality, intellectual property, limitation of liability, and indemnification survive termination.

10. Federal Trade Commission Disclosure

10.1 Material Connection Disclosure

If you review, endorse, or mention the Beta Service in any public communication, including social media posts, reviews, or testimonials, you must clearly and conspicuously disclose your participation in the beta program and any benefits received.

10.2 Required Disclosure Language

Acceptable disclosures include "#PraiseBuddyBeta," "I'm beta testing PraiseBuddy," or similar clear language that communicates your relationship with PraiseBuddy. Simply using "#ad" or "#sponsored" is insufficient.

10.3 Compliance Responsibility

You are solely responsible for ensuring your disclosures comply with FTC guidelines and all applicable laws regarding endorsements and testimonials.

11. Miscellaneous Provisions

11.1 Governing Law

This Beta Agreement is governed by the laws of the State of Connecticut, without regard to conflict of law principles.

11.2 Entire Agreement

This Beta Agreement, together with the Terms of Service and Privacy Policy, constitutes the entire agreement regarding your participation in the beta program.

11.3 Modifications

We may modify this Beta Agreement at any time. Continued use of the Beta Service after modifications constitutes acceptance of the updated terms.

11.4 Severability

If any provision of this Beta Agreement is found unenforceable, the remaining provisions shall continue in full force and effect.

11.5 No Waiver

Our failure to enforce any provision of this Beta Agreement shall not constitute a waiver of that provision or any other provision.

11.6 Assignment

You may not assign or transfer your rights under this Beta Agreement. We may assign our rights without restriction.

12. Acceptance

By clicking "I Accept," downloading the Beta Service, or otherwise accessing or using the Beta Service, you acknowledge that you have read, understood, and agree to be bound by this Beta Testing Agreement.

13. Contact Information

For questions about this Beta Agreement or the beta program, please contact:

Beta Program Manager
CLEVES VENTURES L.L.C.
Email: support@praise-buddy.com

For technical support or bug reports during beta testing:

Email: support@praise-buddy.com

Thank you for participating in the PraiseBuddy beta program. Your feedback and testing help us build a better product for everyone.