Thank you for participating in the Kajabi Beta Program. These Kajabi Beta Program Terms (these “Terms”) apply to and govern your participation in any or all of Kajabi’s public or private beta programs (“Beta Program”) and your use of Kajabi’s Beta Services (“Beta Services”). In order to participate in a Beta Program or use Beta Services, you must agree to these Terms.
1. Eligibility and Participation
You may participate in a Beta Program and use Beta Services only upon request and approval by Kajabi, and/or by our invitation. Certain Beta Programs may only be available to certain specified groups of users. Only customers in good standing may participate in a Beta Program and use Beta Services, subject to Kajabi’s Terms of Service (the “Terms of Service”) and must remain an active customer during the Beta Program. The Kajabi Terms of Service (including our Privacy Policy, Acceptable Use Policy and other policies located in our Legal and Policy Center) are incorporated by reference and will control for any provisions not addressed in these Terms. The Terms of Service continue to apply with regard to your use of the Kajabi Product, participation in the Beta Program, and use of any Beta Services. In the event that you are no longer a customer of Kajabi, your participation in the Beta Program and your use of all Beta Services will be terminated.
2. Beta Services
The Beta Services may be a separate, stand-alone service, accessible apart from the currently available Kajabi Product (as defined in the Terms of Service) or may be a feature or functionality for existing Kajabi services. A description of the Beta Service may be provided prior to or at the time you use a Beta Service, or if we make changes to the Beta Service. By agreeing to and complying with these Terms we grant you a non-exclusive, revocable, non-transferable, limited license to use the Beta Services.
By accepting these Terms or using the Beta Services, you understand and acknowledge that the Beta Services are being provided as a “Beta” version and made available on an “As Is” or “As Available” basis. The Beta Services may contain bugs, errors, and other problems. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR USE OF THE BETA SERVICES, INCLUDING, WITHOUT LIMITATION, ANY INTERNET ACCESS FEES, BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF YOUR DEVICE AND PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION, CONTENT, OR DATA. In addition, we are not obligated to provide any maintenance, technical, or other support for the Beta Services.
3. Feedback
The Beta Services are made available to you for the purposes of evaluation and feedback without any compensation or reimbursement of any kind from Kajabi. You acknowledge the importance of communication between you and Kajabi during your use of the Beta Services and agree to receive related correspondence and updates from us through your Kajabi account or by email. You agree to use and evaluate the Beta Services as requested, to familiarize yourself with the Beta Services information provided by Kajabi, and to only use or test the Beta Services as directed. In addition, you agree to promptly respond to any and all reasonable inquiries, questionnaires, or surveys submitted to you by Kajabi. In the event you request to opt out from such communications, your participation in the Beta Program and your use of the Beta Services will be terminated.
As part of using the Beta Services, you will be asked to provide feedback regarding your use of the Beta Services. You acknowledge that Kajabi owns any feedback, ideas, modifications, suggestions, improvements, and the like provided by you (collectively, “Feedback”), and we can use and/or incorporate such Feedback into any of our products or services at any time at our sole discretion without any obligation to you. You agree to assign, and hereby assign, all right, title, and interest worldwide in the Feedback and the related intellectual property rights to Kajabi and agree to assist Kajabi, at Kajabi’s expense, in perfecting and enforcing such rights. If we choose to publish such feedback, we will either do so in a way that does not identify you or seek your consent in the event we do wish to identify you.
We may also monitor how you use the Beta Services and use that information to improve the Beta Services or our other products and services.
4. Intellectual Property
The Beta Program and Beta Services are proprietary to and the property of Kajabi. All applicable rights in all copyrights, trademarks, trade secrets, trade names, patents, and other intellectual property rights in or associated with the Beta Program and Beta Services are and will remain in Kajabi and, except for the license provided herein, you shall have no such intellectual property rights in the Beta Program, Beta Services, or any of the other Kajabi Services.
Except to the extent permitted by law, you may not modify, distribute, prepare derivative works of, reverse engineer, reverse assemble, disassemble, decompile, or otherwise attempt to decipher any code in connection with the Beta Services and/or any other aspect of Kajabi’s Product, except as expressly permitted by us.
5. Term and Termination
These terms will remain in effect for as long as you use the Beta Services. Either party may terminate these Terms before the end of your participation in the applicable Beta Program for any reason or no reason upon written notice to the other party. Upon termination, you will cease using the Beta Services.
These Terms will automatically terminate upon any breach by you of any of your obligations hereunder including breach of confidentiality obligations. Your breach of any of your obligations under these Terms may result in your immediate termination from use of other Beta Services, or participation in any other Beta Programs. Your participation in the Beta Program and use of the Beta Services will immediately terminate if you are no longer a Kajabi customer.
6. Modification or Termination
We reserve the right to modify or terminate the Beta Program or the Beta Services, or your use of the Beta Services, to limit or deny access to the Beta Services, and/or participation in the Beta Program, at any time, in our sole discretion, for any reason, with or without notice and without liability to you. Kajabi has no obligation to develop or provide any updates or revisions to the Beta Program or Beta Services.
You may discontinue your use of the Beta Services and/or your participation in the Beta Program at any time.
7. Disclaimer of Warranty; Limitation of Liability
BY ITS NATURE, THE BETA PROGRAM AND BETA SERVICES ARE NOT A FULLY TESTED PRODUCT OFFERING, AND HAVE NOT BEEN COMPLETED ACCORDING TO KAJABI’S NORMAL DEVELOPMENT PROCEDURES. YOUR ACCESS TO, PARTICIPATION AND/OR USE OF, THE BETA PROGRAM OR THE BETA SERVICES IS AT YOUR SOLE RISK. THE BETA PROGRAM AND BETA SERVICES MAY CONTAIN DEFECTS, FAIL TO PERFORM, AND MAY PRODUCE UNINTENDED CONSEQUENCES OR LIMITED RESULTS. YOU ACCEPT THE BETA PROGRAM AND BETA SERVICES “AS IS.” TO THE EXTENT PERMITTED BY APPLICABLE LAW, KAJABI EXPRESSLY DISCLAIMS ALL AND YOU RECEIVE NO WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. KAJABI MAKES NO WARRANTY THAT ANY OF THE SERVICES WILL MEET YOUR REQUIREMENTS AND/OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE, NOR DOES KAJABI MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR THE ACCURACY OF ANY OTHER INFORMATION OBTAINED THROUGH THE SERVICES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL, CONTENT, AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ANY OF THE SERVICES IS DONE AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM AND/OR LOSS OF CONTENT OR DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL, CONTENT, AND/OR DATA. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KAJABI OR THROUGH THE BETA SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
IN NO EVENT SHALL KAJABI OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, AND/OR INCIDENTAL LOSS, EXEMPLARY OR OTHER DAMAGES RELATED TO THESE TERMS AND/OR WHETHER DIRECT OR INDIRECT, INCLUDING: (i) LOSS OF DATA OR CONTENT; (ii) LOSS OF INCOME; (iii) LOSS OF OPPORTUNITY; (iv) LOST PROFITS; AND (v) COSTS OF RECOVERY OR ANY OTHER DAMAGES, HOWEVER CAUSED AND BASED ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), VIOLATION OF STATUTE, OR OTHERWISE, AND WHETHER OR NOT KAJABI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, KAJABI’S MAXIMUM LIABILITY HEREUNDER IS LIMITED TO $50.00. SOME JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
8. Indemnification
You agree to hold harmless and indemnify Kajabi, our affiliates and subsidiaries, officers, directors, agents, and employees from and against any third party claim arising from or in any way related to (i) your breach of the Terms; (ii) your use of the Beta Services and/or your participation in the Beta Program(s); or (iii) your violation of applicable laws, rules, or regulations in connection with the Beta Services.
9. Confidentiality
You acknowledge and agree that: (i) the Beta Program and Beta Services constitute Kajabi’s trade secrets and confidential information; (ii) you acknowledge that the successful market launch of commercial versions of the Beta Services requires you to keep all Kajabi data and information discussed and/or made available through or contained in the Beta Program, including, without limitation, the Beta Services, strictly confidential; (iii) the premature release of any of this confidential information would damage Kajabi’s competitive and intellectual property interests; and (iv) and information about the Beta Services shall not be shared with anyone other than other authorized users of the Beta Services, which may include users in your Kajabi account.
10. Case Study; Publicity Release
At Kajabi’s request, you agree to describe your experience with the Beta Program or Beta Services by (i) participating in a case study, either in written or video form; (ii) issuing a press or media release; (iii) providing a testimonial for use in Kajabi’s advertising or on its website; and (iv) speaking at Kajabi events or with potential customers. Your agreement to participate in these activities does not obligate Kajabi to create any of them or to offer the opportunity to you.
The following shall apply to all recordings, video, or documentation created under this release (the “Materials”), including in any case studies, testimonials, or press releases: (i) Kajabi may interview and record you to gather information for creating the Materials and you agree to obtain sufficient permissions from any employees whose quotes, names, or pictures appear in the Materials, in order to grant the rights described in this release; (ii) Kajabi may display your business name, trademarks, or logos in the Materials; (iii) Kajabi will own the Materials and all intellectual property rights therein, including copyrights, and will have the right to publish, use, reference, edit, and display, in whole or in part, the Materials in all forms of media now or hereafter known, and to sublicense the foregoing rights to third parties; and (iv) if you are an individual, you grant to Kajabi a license to include in the Materials your name, image, likeness, appearance, voice, and quotes as they appear in the Materials.
11. Miscellaneous
Changes to Terms
We reserve the right to make changes to these Terms from time to time and may or may not notify you in such an event. You understand and agree that if you use the Beta Services after the date on which the Terms have changed, we will treat your use as acceptance of the updated Terms.
Compliance with Laws
Both parties agree to comply with all applicable local, state, national, and foreign laws, rules, and regulations, including, but not limited to, all applicable import and export laws and regulations governing the use, transmission, and/or communication of content, in connection with their performance, participation, access, and/or use of the Beta Services or Beta Program.
No Assignment
You may not assign any of your rights to participate in the Beta Program or use the Beta Services, including by assigning your rights to your Kajabi account, and any attempted assignment shall be null and void and shall result in your removal from the Beta Program.
Release of Final Product
You acknowledge that Kajabi is under no obligation to release any final product or relating the Beta Program or the Beta Services to the public and Kajabi does not guarantee your access to any future offering of similar services.
Governing Law
These Terms shall be governed by the laws of the State of California, excluding any such laws that might direct the application of the laws of another jurisdiction. The parties agree that the dispute resolution provisions of Kajabi’s Terms of Service shall apply to these Terms.
Survival
Sections 3, 4, 7, 8, 9, 10, and 11 will survive the expiration or termination of this Agreement.