Looplex Beta Program Terms of Service
Welcome to the Looplex Beta Program (“Looplex Beta” or “Program”).
Our Program offers volunteers (“Insiders”) the opportunity to test-drive and use experimental pre-release software, products, and services on their devices. We value your feedback to help us improve and make Looplex an even better product for everyone, so we look forward to hearing your opinion! Before signing up, carefully review all the Program terms that create a contract between you and Looplex or one of its affiliates and govern your participation in the Program, which, once accepted by you, applies to you. If you specify a company’s name when signing up for the Program, it means you are entering this Agreement on behalf of that organization or company. If you are entering this Agreement on behalf of an entity, such as your employer, you represent that you have the legal authority to bind that entity.
1. PARTICIPATION IN THE PROGRAM
You are volunteering to participate in the Program with the understanding that the purpose of this Program is to access, use, and provide us with feedback related to beta or other pre-release experimental services and software (“Software”) made available to you, including documentation, materials, and related information such as Program webpages, emails, forums, content, comments, and other services (“Program Services”), with the goal of providing Looplex with useful insights about your experience with the Software and Program Services.
1.1. You understand that using experimental and pre-release software means you may encounter occasional crashes and data loss. By participating, you acknowledge it is your responsibility to back up your data frequently and restore it in case of data loss.
1.2. Your participation in Looplex Beta is voluntary and unpaid; there is no compensation for your participation. Your participation does not create a legal partnership, agency, or employment relationship between you and Looplex.
1.3. Your participation in Looplex Beta does not obligate Looplex to provide the final version of the Software or Program Services.
1.4. You agree not to decompile, reverse engineer, disassemble, decrypt, or otherwise attempt to derive the source code of any Software, except and only to the extent that the foregoing restriction is: (a) permitted by applicable law; (b) allowed by the licensing terms governing the use of open-source components that may be included with the Software; or (c) necessary to debug modifications to any libraries licensed under the GNU Lesser General Public License that are included and linked with the Software.
2. PROGRAM
THE PROGRAM MAY BE SUBSTANTIALLY DIFFERENT FROM COMMERCIALLY RELEASED VERSIONS. BECAUSE THE SOFTWARE MAY CONTAIN MORE BUGS OR INACCURACIES, YOU SHOULD BACK UP YOUR DEVICE BEFORE INSTALLING ANY SOFTWARE. We recommend installing it on non-production and non-critical devices, as crashes, configuration and policy changes, data or app loss, feature and functionality changes, and other potential issues are more likely. It is highly recommended that you do not install the Software on any system that you do not directly control or that you share with others.
2.1. Pre-release, Experimental Software and Services. The Program may lack or include reduced or different standards for security, privacy, accessibility, availability, and reliability compared to commercially provided services and software. We may change or discontinue the Program at any time without notice.
2.2. Recovery. To recover, you may need to reinstall your apps, operating system, or update your device again. In some cases, you may not be able to revert to the previous version of the Software.
2.3. Automatic Updates. The Program updates automatically. Automatic updates cannot be disabled. Some features may be removed or stop functioning after a predetermined time or at the end of an evaluation cycle once sufficient data has been collected. Some third-party apps installed on the device may also not work, stop working, or be automatically deleted by the Program.
2.4. Support. Program support may be limited or unavailable.
2.5. Data and Internet Charges. Some Programs may require your device to access the Internet. Your access and use (including charges) may be subject to the terms of your Internet or mobile service provider agreement. You are always responsible for: (i) understanding and complying with your own plans and agreements and (ii) any issues arising from the use or access to networks, including public/open networks.
3. FEEDBACK
We provide Looplex Beta so you can share your thoughts about what you like, dislike, and what changes you’d like to see in the Program. When you provide feedback, suggestions, or other comments about the Program (“Feedback”), you grant Looplex and its partners the rights to use the Feedback in any way and for any purpose.
3.1. You acknowledge that Looplex will collect, use, store, process, and analyze diagnostics, technical data, error reports, memory dumps, usage, and other related data from your devices running the Software as part of this Program to help Looplex improve our products and services. If location services are enabled, the real-time geographic location of your device and location search queries may also be collected.
3.2. You also acknowledge that your Feedback may be visible to other program participants.
4. DATA COLLECTION
The Program may collect and provide data to Looplex automatically, which may include your personal information. We use this information to communicate with you as described below. We may also share certain data collected in connection with the Program with third parties. For example, we may share data about the performance of a particular hardware or software component on your device with the manufacturer of that component to help improve how it works with Looplex products and services. The Looplex Privacy Policy and this paragraph apply to the data collected, used, and shared in connection with the Program.
5. COMMUNICATIONS WITH YOU
Looplex may use your contact information: (i) to communicate with you about your use of the Program and (ii) to provide additional information about the Program and other Looplex products or services. This contact may be via email, SMS, instant message, web chat, phone, in-app interface, or other means and may include offers. You can always choose whether to receive promotional emails, SMS messages, phone calls, and mail from Looplex.
6. NON-TRANSFERABLE
You may not transfer or share the Software or related documentation or materials received from Looplex as part of your participation in the Program unless otherwise agreed or permitted by Looplex, or unless the laws of your jurisdiction (or, if a company, the jurisdiction of your principal place of business) allow it, even if our Agreement does not.
7. OPT-OUT
If you change your mind about participating in the Program, you may voluntarily opt-out at any time. To stop receiving emails from the Windows Insider Program and Windows Insider Preview Versions, you can unsubscribe and leave the program. To opt-out of the Program, contact support@looplex.com.br.
8. TERMINATION
Looplex reserves the right to terminate your access to all or part of the Program at any time without notice for any reason. Termination of your use or access to the Program, or termination of this Agreement, ends your right to own or use any beta version of the system, product, or service included in the Program, and you must delete all copies of the Software, Content, and other materials provided as part of the Program. Sections 9, 10, 11, and 12 survive the termination of this Agreement.
9. ADDITIONAL TERMS
The following additional terms also apply to the Program. To the extent any additional terms conflict with this Agreement, this Agreement will prevail.
9.1. Looplex Software License Terms. The Terms of Use and License and any software license terms for Software or other software applications provided under the Program will apply to those specific software applications.
9.2. Third-Party Programs. The Software may include third-party programs that Looplex, and not the third party, licenses to you under this Agreement. Notices, if any, for third-party programs are included for your information only.
10. RESERVATION OF RIGHTS
Looplex may own patents, patent applications, trademarks, copyrights, or other intellectual property rights covering the subject matter of the Program. Except as expressly provided in any written license agreement from Looplex, providing the Program does not grant you any license to such patents, trademarks, copyrights, or other intellectual property. Looplex reserves all rights not expressly granted under this Agreement, and no other rights are granted under this Agreement by implication or estoppel or otherwise.
11. LIMITATION OF LIABILITY
LOOPLEX AND OUR AFFILIATES, RESELLERS, DISTRIBUTORS, SUPPLIERS, AND PARTNERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES, OR CONDITIONS WITH RESPECT TO THE PROGRAM SERVICES OR YOUR PARTICIPATION IN THE PROGRAM. YOU UNDERSTAND THAT USE OF THE PROGRAM IS AT YOUR OWN RISK AND THAT WE PROVIDE THE PROGRAM “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” YOU ASSUME ALL RISK OF USING THE PROGRAM. TO THE EXTENT PERMITTED BY LOCAL LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORK EFFORT, AND NON-INFRINGEMENT.
12. DAMAGES
If you have any basis to recover damages related to the Program, you agree that your sole remedy is to recover direct damages from Looplex or any affiliates, resellers, distributors, third-party app and service providers, partners, and suppliers, up to the amount you paid for the Program (or up to $10.00 if you acquired the Program for free). You cannot recover any other damages or losses, including direct, consequential, lost profits, special, indirect, incidental, or punitive damages. These limitations and exclusions apply even if this remedy does not fully compensate you for any losses or fails of its essential purpose, or if we knew or should have known about the possibility of the damages. To the maximum extent permitted by law, these limitations and exclusions apply to anything or any claims related to the Program or your participation in the Program.
13. AGREEMENT UPDATE
From time to time, we may modify this Agreement. If we do, we will notify you by posting a notice on the Program site, or through the following means: the Software’s user interface, an email notification, instant message, or other reasonable methods. Use of the Program after the date the change takes effect constitutes your acceptance of the revised terms. If you do not agree to the changes, you must stop using the Program. We recommend visiting the Program Website to check for potential notices of changes.
14. TERMS OF USE AND LICENSE
Unless otherwise expressly stated here in this Agreement, the same provisions of the Terms of Use and License apply to this Agreement.