FitnessOS Beta Testing Agreement
This FitnessOS Beta Testing Agreement (the “Agreement”) is entered into between you (“you,” the “Tester”) and FitnessOS, operated by Ira McCune (“we,” “us,” the “Developer”). It governs your access to and use of the pre-release, beta version of the FitnessOS mobile application together with any related software, features, builds, documentation, and services (collectively, the “Beta Software”). Please read this Agreement carefully and in full. You must scroll through the entire Agreement and check the acknowledgment box before you can submit your request for beta access.
1. Beta Program & Eligibility
The Beta Software is a pre-release, work-in-progress product provided solely for testing and evaluation. It is not a finished product and is not intended for general, production, or commercial use.
Participation in the beta program is at our sole discretion and may be granted, limited, suspended, or revoked at any time, with or without notice.
You represent that you are at least 18 years old and legally able to enter into this Agreement.
2. Confidentiality & Non-Disclosure
The Beta Software — including its existence, features, screens, designs, roadmap, pricing, and performance — is our confidential and proprietary information (“Confidential Information”).
You agree to keep all Confidential Information strictly confidential and not to disclose it to any third party.
You may not take, capture, or share screenshots, screen recordings, photographs, or any other reproduction of the Beta Software or its interface.
You may not publicly discuss, post about, review, benchmark, demonstrate, stream, or otherwise disclose the Beta Software or your participation in the beta on social media, blogs, forums, the press, or any other public channel.
These confidentiality obligations remain in effect until we publicly release the relevant feature or otherwise notify you in writing that the information is no longer confidential.
3. Liability & Data Disclaimers
THE BETA SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Beta Software is experimental and may be unstable. It may contain errors, bugs, or defects that could cause system instability, unexpected behavior, data corruption, or the loss of data.
To the maximum extent permitted by law, we are not liable for any direct, indirect, incidental, special, consequential, or exemplary damages — including loss of data, loss of profits, device damage, or business interruption — arising out of or related to your use of the Beta Software.
You are strongly advised NOT to install or run the Beta Software on a primary, business-critical, or otherwise essential device, and to back up your data before use. You assume all risk arising from your participation.
You are responsible for maintaining your own backups. The Beta Software may transmit, collect, and process data as described in Section 5 and in our Privacy Policy.
4. Intellectual Property
All right, title, and interest in and to the Beta Software — including all software, source code, designs, trademarks, logos, and related intellectual property — are and shall remain our exclusive property.
No license or ownership right is granted to you except a limited, personal, non-exclusive, non-transferable, revocable right to use the Beta Software solely for testing during the beta period.
You agree that all feedback, bug reports, suggestions, ideas, and any user-generated content you submit in connection with the beta (collectively, “Feedback”) become our property, and you hereby assign to us all rights, title, and interest in such Feedback. We may use Feedback for any purpose without restriction, compensation, or attribution to you.
You will not copy, modify, reverse engineer, decompile, disassemble, or create derivative works of the Beta Software, except to the extent this restriction is prohibited by applicable law.
5. Feedback & Data Collection Requirements
As a condition of participation, you agree to actively use the Beta Software and to report bugs, defects, and issues you encounter in a timely manner.
You agree to provide honest, good-faith feedback and to respond to reasonable requests for information about your testing experience.
You consent to the automated collection of diagnostic, usage, performance, crash, and analytics data regarding the Beta Software and your device, and to our use of that data to evaluate, debug, and improve the product.
You grant us permission to contact you by email about the beta program, including build updates, surveys, and testing instructions.
6. Term & Termination
This Agreement takes effect when you accept it and continues until the beta program ends or your participation is terminated.
We may terminate your participation and disable your access at any time. Upon termination, or at our request, you must stop using and delete all copies of the Beta Software in your possession or control.
The Confidentiality, Liability & Data Disclaimers, Intellectual Property, and Feedback provisions survive termination of this Agreement.
By checking the box below and submitting the beta access request form, I acknowledge that I have read and understood this FitnessOS Beta Testing Agreement in its entirety, and I agree to be legally bound by its terms.
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