Early Access Addendum to SeekOut Terms of Service
SeekOut – Early Access Addendum to SeekOut Terms of Service | Last Updated: 01/20/2023
This Early Access Addendum to the SeekOut Terms of Service (this “Early Access Addendum”) is applicable if you access or use any SeekOut early access release. If you access or use such early access releases, then this Early Access Addendum: (i) is between you and SeekOut; (ii) modifies certain terms in the SeekOut Terms of Service with an effective date of February 1, 2023 located at www.seekout.com/tos (the “Terms of Service”); and (iii) is incorporated into and forms a part of such Terms of Service.
Except as expressly modified by this Early Access Addendum, all terms and conditions of the Terms of Service apply to you and remain in full force and effect. Capitalized terms not otherwise defined in this Early Access Addendum have the meanings assigned to them in the Terms of Service.
SeekOut and Customer agree to modify the Terms of Service by adding a new Section 16 to the Terms of Service as follows:
16. EARLY ACCESS RELEASES
16.1. Use of Early Access Releases. SeekOut, from time to time, will provide Customer with access to features and functionality designated as pilot, unreleased, limited release, non-production, early access, in development, or in “alpha” or “beta” or by a similar description (collectively, “Early Access Releases”), which are optional for Customer to use.
16.2. Feedback. Customer shall (i) provide SeekOut with Feedback, suggestions, or ideas regarding the Early Access Releases; (ii) provide SeekOut with a list of product users as chosen by Customer to use the Early Access Releases; and (iii) cooperate to track or capture data regarding the Early Access Releases that can be quantified for impact storytelling. Customer also acknowledges that the Early Access Releases will incorporate tracking mechanisms to monitor performance, including tools that can capture short clips of user behaviors.
16.3. Disclaimer; Limitation of Liability. Customer may choose to try Early Access Releases at Customer’s sole risk, and SeekOut may use good faith efforts in its discretion to assist Customer with Early Access Releases. Nevertheless, and without limiting the other disclaimers and limitations in this Agreement, Customer agrees that any Early Access Releases are provided on an “as is” and “as available" basis, to the fullest extent of the law, without any warranty, support, maintenance, storage, or indemnity obligations from SeekOut of any kind. Customer acknowledges and agrees that Early Access Releases, by their nature, have not been fully tested and may contain bugs, errors, and omissions, which may not be corrected by SeekOut and that Early Access Releases may undergo significant changes prior to release of the generally available final versions. SeekOut makes no promises that future versions of Early Access Releases will be released or will be available under Customer’s existing commercial terms or as part of Customer’s existing paid services from SeekOut. SeekOut may terminate Customer’s right to use any Early Access Releases at any time for any or no reason, with prior written notice. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, CUSTOMER ACKNOWLEDGES AND AGREES THAT SEEKOUT WILL HAVE NO LIABILITY FOR ANY HARM OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH AN EARLY ACCESS RELEASE.