These Beta Testing Terms & Conditions (“Agreement”) govern your participation in the beta testing programme for ExpiryEngine (the “Beta Services”) provided by Hyperpixel Studio (“Company”, “we”, “us”, “our”).
1. Purpose of the Beta Programme
1.1 The purpose of the Beta Services is to allow selected users (“Tester”, “you”) to evaluate, test, and provide feedback on pre-release versions of ExpiryEngine and related features, including, without limitation, countdown timer and poll functionalities for email and web use.
1.2 You acknowledge that the Beta Services are pre-release, may not be fully functional, may contain errors or defects, and may change substantially prior to any commercial release (if any).
2. Eligibility and Participation
2.1 You represent and warrant that:
(a) you are at least 18 years old (or the age of majority in your jurisdiction);
(b) you have the legal capacity to enter into this Agreement; and
(c) if you are acting on behalf of a company or organisation, you are authorised to bind that entity and “you” includes that entity.
2.2 Company reserves the right to accept or reject any application to participate in the Beta Services at its sole discretion and to limit the number of Testers.
2.3 Your participation is voluntary and may be terminated by you or us at any time as set out in clause 12.
3. Access and Licence
3.1 Subject to this Agreement, Company grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Beta Services solely:
(a) for your internal evaluation and testing of ExpiryEngine; and
(b) to provide feedback to Company.
3.2 You must not:
(a) use the Beta Services in production for critical or high-risk workloads unless we explicitly state in writing that this is acceptable;
(b) copy, modify, adapt, translate, reverse engineer, decompile, disassemble, or attempt to derive the source code of the Beta Services (except to the extent permitted by non-excludable law);
(c) sell, resell, rent, lease, sublicense, distribute, or otherwise make the Beta Services available to any third party; or
(d) circumvent or attempt to circumvent any security or technical restrictions relating to the Beta Services.
4. Tester Obligations
4.1 Feedback and reporting
You agree to:
(a) use the Beta Services reasonably and in accordance with any documentation or instructions we provide;
(b) report bugs, issues, and suggestions for improvements in a timely manner via [feedback form/email/tool]; and
(c) respond to reasonable questionnaires or surveys about your experience with ExpiryEngine, where requested.
4.2 Lawful use
You must:
(a) comply with all applicable laws and regulations (including, where applicable, Australian privacy, consumer, and anti-spam laws); and
(b) not use the Beta Services for any unlawful, harmful, or abusive purpose, including (without limitation) infringing third-party rights, transmitting malware, or attempting unauthorised access to systems or data.
4.3 Accounts and security
You are responsible for:
(a) maintaining the confidentiality of your login credentials; and
(b) all activity occurring under your account, whether authorised by you or not.
You must promptly notify us if you become aware of any unauthorised use of your account or any other breach of security.
5. Confidentiality
5.1 You acknowledge that during the beta programme you may receive or have access to Confidential Information, including (without limitation) non-public features, product roadmaps, technical information, business plans, pricing concepts, and performance data relating to ExpiryEngine.
5.2 You must:
(a) keep all Confidential Information strictly confidential;
(b) not disclose any Confidential Information to any third party without our prior written consent; and
(c) use Confidential Information solely for the purpose of evaluating the Beta Services and providing feedback.
5.3 The confidentiality obligations do not apply to information that:
(a) is or becomes publicly available through no fault of yours;
(b) was lawfully known to you before disclosure by us;
(c) is independently developed by you without reference to the Confidential Information; or
(d) is required to be disclosed by law, court order, or regulatory authority (in which case you must, where lawful, notify us beforehand and only disclose to the minimum extent required).
6. Feedback and Intellectual Property
6.1 Ownership of ExpiryEngine
All rights, title, and interest in and to the Beta Services (including ExpiryEngine, all software, code, interfaces, designs, and documentation) remain the exclusive property of Company or its licensors. No intellectual property rights are assigned to you under this Agreement.
6.2 Feedback
Any suggestions, comments, ideas, bug reports, feature requests, or other feedback you provide in connection with the Beta Services (“Feedback”) may be used by Company for any purpose, including to improve or commercialise ExpiryEngine or related products and services.
6.3 Assignment of Feedback
You hereby assign to Company all worldwide right, title, and interest in and to the Feedback, including all intellectual property rights in it, and agree to provide any further assistance reasonably required to document, perfect, or enforce those rights, without further compensation (other than any discretionary incentives we may choose to offer).
7. Data, Privacy, and Security
7.1 Privacy Policy
To the extent we process personal information via the Beta Services, we will do so in accordance with our Privacy Policy, available at: https://www.expiryengine.com/privacy-policy/
7.2 Your responsibilities
You are responsible for ensuring that you:
(a) have all necessary rights and consents to submit any personal or business data to the Beta Services;
(b) provide any required notices to individuals whose personal information you input into the Beta Services; and
(c) comply with applicable privacy and data protection laws (including, if applicable, the Privacy Act 1988 (Cth) and the Australian Privacy Principles).
7.3 Test and production data
You understand and agree that the Beta Services may be unstable and may cause loss or corruption of data, and that you should not use real production-critical data in the Beta Services unless:
(a) we explicitly state in writing that this is acceptable; and
(b) you have appropriate and tested backup and recovery procedures in place.
7.4 Security
We will take reasonable technical and organisational measures to protect data processed by the Beta Services. However, given the pre-release nature of the Beta Services, you acknowledge that security testing is ongoing and that vulnerabilities may exist.
8. Service Levels, Changes, and Availability
8.1 The Beta Services are provided without any service level guarantees, and we do not promise uninterrupted or error-free operation.
8.2 We may, at any time and without liability to you:
(a) change, update, or remove features or functionality of the Beta Services;
(b) suspend or restrict access (including for maintenance, security, performance, or technical reasons); or
(c) decide not to release a commercial version of ExpiryEngine or specific features.
9. Fees and Incentives
9.1 Participation in the ExpiryEngine beta programme is currently offered without charge, unless we expressly agree otherwise in writing.
9.2 We may, at our discretion, offer incentives (such as discounts, credits, extended trials, or other benefits) as a thank-you for participation. Any such incentives are ex-gratia, subject to any specific conditions we notify you about, and may be changed or withdrawn at any time.
9.3 Participation in the beta programme does not create any employment, partnership, or agency relationship between you and Company.
10. Disclaimers
10.1 To the maximum extent permitted by law, the Beta Services are provided on an “as is” and “as available” basis.
10.2 To the maximum extent permitted by law and subject to clause 11.3, we exclude all warranties, representations, and conditions, whether express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
10.3 You acknowledge and agree that:
(a) the Beta Services may contain bugs, defects, errors, or other problems;
(b) your use of the Beta Services is at your own risk; and
(c) you are solely responsible for any damage to your systems, loss or corruption of data, or other harm resulting from use of the Beta Services.
11. Limitation of Liability
11.1 To the maximum extent permitted by law and subject to clause 11.3, Company and its directors, officers, employees, contractors, and agents shall not be liable for any:
(a) loss of profits, revenue, business, or anticipated savings;
(b) loss or corruption of data;
(c) loss of goodwill or reputational damage; or
(d) indirect, consequential, special, exemplary, or punitive losses,
whether arising in contract, tort (including negligence), statute, equity, or otherwise, and even if we have been advised of the possibility of such loss.
11.2 Nothing in this Agreement excludes, restricts, or modifies any rights or remedies you may have under the Australian Consumer Law or any other legislation which cannot be excluded, restricted, or modified by agreement. Where our liability under such laws cannot be excluded but can be limited, our liability is limited to the minimum extent permitted by law (for example, to resupplying the services or paying the cost of having the services supplied again).
12. Term and Termination
12.1 This Agreement commences on the earlier of:
(a) the date you accept it (for example, by clicking “I agree” or starting to use the Beta Services); or
(b) the date we first provide you access to the Beta Services,
and continues until terminated in accordance with this clause 12.
12.2 Either party may terminate this Agreement at any time:
(a) for convenience, by giving written notice (including via email or in-app notice); or
(b) immediately, if the other party commits a material breach of this Agreement and fails to remedy that breach within a reasonable time after receiving written notice requiring it to do so.
12.3 Upon termination:
(a) your right to access and use the Beta Services immediately ceases;
(b) you must stop using the Beta Services and delete or destroy any copies of any related materials in your possession or control, except to the extent retention is required by law; and
(c) clauses which, by their nature, should survive termination (including clauses 5–7 and 10–13) will continue in full force and effect.
13. General
13.1 Governing law and jurisdiction
This Agreement is governed by the laws of Queensland, Australia. Each party irrevocably submits to the non-exclusive jurisdiction of the courts of Queensland and the courts of appeal from them in relation to any dispute arising out of or in connection with this Agreement.
13.2 Relationship with other terms
This Agreement forms part of, and should be read together with:
(a) our main Terms of Service applicable to ExpiryEngine, available at: https://www.expiryengine.com/terms/
(b) our Privacy Policy, available at: https://www.expiryengine.com/privacy-policy/
In the event of any inconsistency between this Agreement and our main Terms of Service, this Agreement will prevail in relation to your use of the Beta Services.
13.3 Changes to this Agreement
We may update this Agreement from time to time. If we make material changes, we will take reasonable steps to notify you (for example, via email or in-app notice). Your continued use of the Beta Services after the effective date of the updated Agreement constitutes acceptance of the changes.
13.4 Assignment
You may not assign, transfer, or sublicense any of your rights or obligations under this Agreement without our prior written consent. We may assign or transfer our rights and obligations under this Agreement, in whole or in part, in connection with a merger, acquisition, corporate reorganisation, sale of assets, or similar transaction.
13.5 Severability
If any provision of this Agreement is held to be invalid, illegal, or unenforceable, that provision will be deemed modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions will continue in full force and effect.
13.6 No waiver
A failure or delay by either party to exercise a right or remedy under this Agreement does not operate as a waiver of that right or remedy. A waiver of a right or remedy is only effective if it is in writing and signed by the waiving party.
13.7 Notices and contact
If you have any questions about this Agreement or the Beta Services, or you wish to give a notice under this Agreement, please contact us at info@expiryengine.com
