Beta Services Terms and Conditions
Effective date: October 30, 2024
FETCH REWARDS, LLC BETA SERVICES TERMS AND CONDITIONS
These Beta Services Terms and Conditions ("Beta T&Cs") govern the participation of you, the "Participant," in the Fetch Rewards, LLC ("Fetch") Beta Services Program ("Beta Program"). By participating in the Beta Program, you agree to the following terms:
1. Beta Program Overview
Fetch is offering certain products, services, and/or software, identified as "Early Access," "Pre-Release,"
"Beta," "Trial," and similar (collectively, the "Beta Services") to selected participants. Any Beta
Services will be identified expressly as such in the relevant product or service, or via written
order form. The Beta Services may be significantly different from any final productized versions.
Beta Services may be made available to a Participant at no cost or may be subject to charges, in
which case Participant and Fetch shall enter into one or more order forms, statements of work, or
similar agreements as applicable.
2. Eligibility
Participants must be invited by Fetch or apply and be accepted into the Beta Program. Fetch reserves
the right to accept or reject any Participant at its discretion, and to revoke access to the Beta
Services at any time without notice.
3. Confidentiality
In the course of providing Beta Services, Fetch may disclose or make available to you certain proprietary
information (collectively, "Confidential Information"). Confidential Information shall not include
information that, at the time of disclosure: (i) is or becomes generally available to the public
other than as a result of any breach of an obligation of confidentiality; (ii) is obtained by you
on a non-confidential basis from a third-party that was not legally or contractually restricted from
disclosing such information; (iii) you establish was in your its Repossession prior to disclosure
hereunder; or (iv) is required to be disclosed under applicable federal, state, or local law, regulation,
or a valid order issued by a court or governmental agency of competent jurisdiction.
To the extent you receive any Confidential Information hereunder, you shall (A) protect and safeguard the confidentiality of the Confidential Information with at least a commercially reasonable degree of care; (B) not use the Confidential Information, or permit it to be accessed or used, for any purpose other than to use in connection with the Beta Services; and (C) not disclose any such Confidential Information to any person or entity, except appropriate legal or financial representatives or subcontractors bound by confidentiality obligations. Participant shall delete all Confidential Information at the termination of the Beta Services.
4. License Grant
Subject to the terms of these Beta T&Cs, Fetch grants the Participant a limited, non-exclusive, non-transferable,
revocable license to access and use the Beta Services for Participant’s internal business purposes.
5. Ownership
All rights, title, and interest in and to the Beta Services, including any intellectual property
rights therein, are and will remain the exclusive property of Fetch. These Beta T&Cs do not grant
the Participant any ownership rights in the Beta Services.
6. Feedback
Participants are encouraged to provide feedback regarding the Beta Services, including suggestions,
bug reports, and usability issues ("Feedback"). By submitting Feedback, Participants agree that Fetch
may use and incorporate Feedback into its products or services without any compensation or obligation
to the Participant.
7. Beta Services
Are "As Is" Participants understand that the Beta Services are experimental and provided on an "as
is" and "as available" basis. Fetch makes no warranties, whether express or implied, including any
warranties of merchantability, fitness for a particular purpose, or non-infringement. The Beta Services
may contain bugs, errors, or other issues that could result in system crashes, data loss, or other
malfunctions.
8. Limitation of Liability
To the fullest extent permitted by law, Fetch is not liable for any damages arising out of or in
connection with your use of the Beta Services, including, but not limited to, any direct, indirect,
incidental, special, consequential, or punitive damages, even if Fetch has been advised of the possibility
of such damages.
9. Data Collection
Fetch may collect data from the Participant’s use of the Beta Services, including usage data, crash
reports, and other technical information. By participating in the Beta Program, Participants consent
to the collection and use of such data for the purposes of improving Fetch’s products and services.
10. Termination
Fetch may terminate the Participant’s access to the Beta Services at any time and for any reason.
Upon termination, the Participant agrees to cease all use of the Beta Services and delete any associated
materials or software provided as part of the Beta Program. Any unused fees paid in connection with
enabling access to Beta Services will be refunded on a prorated basis.
11. No Obligation to Release
Participation in the Beta Program does not obligate Fetch to release Beta Services in fully productized
form, or continue to offer any similar services in the future. Fetch reserves the right to modify,
discontinue, or not release the Beta Services at its sole discretion.
12. General
- Governing Law: These Beta T&Cs will be governed by the laws of the state of Wisconsin, without regard to its conflict of law principles.
- Entire Agreement: These Beta T&Cs constitute the entire understanding between the parties with respect to the Beta Services and supersedes any prior agreements or understandings, oral or written. To the extent you have a separate agreement (whether in the form of a data license agreement, master services agreement, or otherwise) with Fetch, these Beta T&Cs govern in lieu of the provisions of such other agreement to the extent of your use of any Fetch Beta Services.
- Amendments: Fetch reserves the right to modify these terms at any time. Continued participation in the Beta Program after any such modification constitutes acceptance of the new terms.