Jotform Beta Tester and Confidentiality Agreement

Thank you for your interest in being a beta tester for Jotform!

This beta tester agreement (“Agreement”) applies to you as a party who has been offered or invited to use the experimental product, feature, or service (the “Product”) which Jotform will be making available to you. This Agreement only pertains to the Product, and is effective as of the date on which you first use the Product.

The Parties agree as follows:

1. Jotform will be providing You with access to use the Product free of charge, for a limited time (to be specified by Jotform), as part of a beta testing program specific to the Product (the “Program”). You understand and acknowledge that the Product is still in development and experimental form. In exchange for that access, You agree to test and evaluate the Product pursuant to the terms of this Agreement. Jotform reserves the right to change the name of the Product name at any time, and the Parties agree that such a change shall not affect the enforceability of this Agreement in any respect.

2. You agree to keep confidential and never disclose or discuss to any third party whatsoever, whether such disclosure is in writing or not, and whether made or placed online or not, (i) anything whatsoever about: a) your participation in the Program, b) how the Product works, c) your experience with or opinions about the Product, d) things you may learn as a beta tester about Jotform’s development or marketing plans for the Product, or e) communications You receive from Jotform in connection with the Program or your participation in the Program or about the Product. These confidentiality requirements will continue in force in perpetuity. To be clear, you may not tell anyone about any of these things verbally or in writing, post about them on social media, or otherwise.

3. You represent and warrant to Jotform that: a) You are not a member of the press, nor an employee or representative of any competitor of Jotform, b) You are participating in the Program on your own personal behalf only, c) You are 18 years of age or older, and d) You are not prohibited from participating in the Program by any contract, relationship with your employer, or with any other party.

4. You agree to provide us with written feedback on the Product, and further agree that Jotform may use your feedback for any reason or purpose. If we quote any of your feedback publicly, we agree to not use your name in connection with that feedback without your written permission.

5. You acknowledge, accept and agree that, because the Product is still being developed and is in experimental/ testing form, there is a risk that the Product have contain or have errors or bugs, that it may not meet your specific needs, that it may not meet your legal needs or requirements, and that it may not yet comply with applicable laws. You accept all of these risks.

6. You agree that You completely and forever release Jotform from any responsibility, liability, and/or claims of damages or harm arising out of or relating to Your use of the Product.

7. You agree not to do or attempt to do or cause or allow others to do any of the following with or concerning the Product: a) sell, give, lease, license distribute, copy, reverse engineer, disassemble, decompile it or any portion thereof, including but not limited to the source or object code thereof, b) share your login credentials as a Program participant with any other person or entity, or otherwise allow any other person or entity to use the Product, and c) use the Product or anything You learn about or experience as part of your participation in the Program to create a competing product or service.

8. You agree that Jotform owns all rights, title and interest in and to the Product and all of the components thereof. You agree to not take any action in contravention of those rights, title, or interest.

9. Jotform does not warranty, guarantee, promise, or represent, whether expressly or impliedly, that the Product will: a) meet your personal, professional, legal, or business requirements or needs, c) be free of errors, design flaws, or other problems, c) work with products or services provided by Jotform or by third parties, or d) ever be released publicly or in non-beta form. You agree that the Product is being provided to You on an as-is basis. Jotform expressly disclaims all such warranties, guarantees, promises, and representations, and any and all express and implied warranties of merchantability, fitness for a particular purpose, and non-infringement of intellectual property rights.

10. IN NO EVENT SHALL JOTFORM BE LIABLE TO YOU OR ANY OTHER PARTY FOR DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE PRODUCT, WHETHER RESULTING FROM A TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, WARRANTY OR OTHER FORM OF ACTION, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL AND CONSEQUENTIAL DAMAGES, OF ANY KIND ARISING IN ANY WAY OUT OF THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE PARTIES AGREE THAT THE FOREGOING LIMITATION OF LIABILITY IS MATERIAL TO THIS AGREEMENT.

11. You agree that Jotform: a) will keep and store, or arrange with authorized third parties for the keeping or storage of, the personal information You have provided to Jotform in connection with your participation in the Program, and b) may use that information to facilitate and keep track of your participation in the Program and of your use of and experience with the Product. If you are outside of the United States, you understand and agree that such personal information may be stored on servers in the United States or accessed by Jotform and its agents within the United States.

12. The rights we are granting You to use the Product shall automatically expire at the end of your participation in the Program unless terminated sooner in accordance with this Agreement. Your obligations under Sections 2 and Sections 5 through 13 of this Agreement shall continue in perpetuity. Jotform may immediately terminate your access to the Product at any time, including without limitation in the event that you breach any of the terms of this Agreement.

13. General provisions. You may not assign this Agreement or your rights under it to any third party without the prior written permission of Jotform. This Agreement shall be governed by the laws of the State of California, without reference to its conflict of law principles. You consent to the jurisdiction of the federal and state courts sitting in San Jose, California. The Parties waive a jury trial in all legal proceedings. This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof, and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein. If any provision of this Agreement is found to be invalid or unenforceable pursuant to judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable according to its terms. You acknowledge that any breach of your obligations under this Agreement with respect to the proprietary rights of Jotform will cause Jotform irreparable injury for which there are inadequate remedies at law, and, therefore, Jotform will be entitled to equitable relief in addition to all other remedies provided by this Agreement or available at law or in equity.

Beta Agreement Version 1.2