BETA AGREEMENT
This Beta Agreement (“Beta Agreement”) and the accompanying Beta Order Form is made and entered into as of the last day of signature of the Beta Order Form (the “Effective Date”), by and between Veriff OÜ, an Estonian corporation with its principal place of business at Niine 11, Tallinn 10414, Harju county, Estonia (“Veriff”), and the Customer entity named on the applicable Beta Order Form (“Customer”). The Customer and Veriff may be referred to jointly as the “Parties,” and individually as a “Party”.
This Beta Agreement is governed by Veriff’s current Terms of Service, (available at https://www.veriff.com/documents/all-documents) as of the Effective Date, unless the Parties have otherwise executed a written service agreement for Customer’s purchase of Services (the “Agreement”). Capitalized terms not defined in this Beta Agreement will have the meaning set forth in the Agreement. All references to the “Service” in the Agreement will include references to the Beta Service (defined below). In the event of a conflict between this Beta Agreement and the Agreement, this Beta Agreement will control, but only with respect to the Beta Service.
NOW, THEREFORE, the Parties agree as follows:
1. Beta Service.
“Beta Service” means the Services as described in the Beta Order Form.
Pursuant to the terms hereof, Veriff agrees to allow Customer to test and evaluate the Beta Services, and Customer may choose to try such Beta Services in its sole discretion. The Beta Services are made available to Customer free of charge and without any compensation or reimbursement of any kind.
The Beta Services are intended for evaluation purposes and not for production use, are not generally available, and may contain bugs, errors, and other issues. Customer acknowledges that Veriff is under no obligation to provide maintenance, technical support or any other assistance for the Beta Services offered under this Beta Agreement.
2. No Performance or Uptime Warranties.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE AGREEMENT, CUSTOMER ACKNOWLEDGES AND AGREES THAT THE BETA SERVICES ARE PROVIDED “AS-IS”, INCLUDING BUT NOT LIMITED TO, WITH RESPECT TO ITS PERFORMANCE, SPEED, FUNCTIONALITY, SUPPORT, AND AVAILABILITY AND VERIFF WILL HAVE NO LIABILITY OR OBLIGATION, INCLUDING BUT NOT LIMITED TO, FOR ANY HARM OR DAMAGE ARISING FROM DEFICIENCIES THEREWITH.
3. Feedback.
Customer agrees to provide ongoing feedback to Veriff regarding the Beta Services. Customer grants Veriff an unlimited, irrevocable, worldwide, perpetual, sublicensable, royalty-free license to use any such feedback or suggestions for any purpose without any obligation or compensation to Customer or any End User.
4. Publicity.
Customer acknowledges that Veriff may wish to promote use of the Beta Services, and Customer agrees to enter into good faith negotiations with Veriff regarding publicity rights related to the Beta Services. Provided that Veriff obtains Customer’s prior written consent (via email is permitted), Veriff may use Customer’s name or logo, or upon Veriff’s request, a mutually-agreed upon comment, quotation or statement related to Customer’s use of the Beta Services, each of which may be used by Veriff as a reference for marketing or promotional purposes in connection with the Beta Services (“Publicity Rights”). The Parties acknowledge and agree that Publicity Rights are not a requirement for Customer to test or evaluate the Beta Services.
5. Term and Termination.
Notwithstanding anything to the contrary in the Agreement, this Beta Agreement commences on the Effective Date, and will remain in effect until the earlier of (a) either Party terminates this Beta Agreement at any time, without cause, upon thirty (30) days’ written notice to the other Party, (b) the date Veriff opts to discontinue the Beta Service deployment, or (c) the date Veriff makes the Beta Service generally available within, or as an add-on to, the Services. Customer acknowledges and agrees that Veriff may discontinue the Beta Service at any time, in its sole discretion, and may never make the Beta Service generally available as part of, or an add-on to, the Services, and that its decision to purchase the Services was not and is not contingent on the delivery of any future functionality or features within the Beta Services.