This Agreement covers a free seven (7) day trial (the “Trial Period”) offered to you by MeBeBot™, Inc., (the “Company”) subject to the terms and conditions herein.
To access the free trial, you (as the “Subscriber”) agree to accept and be bound by the terms and conditions of this Trial Instance & Confidentiality Agreement (the “Agreement”) as set out below:
1. The Company will provide you with access to an instance of their product for the Trial Period using generic data.
2. All data and intellectual property remain under the ownership of the Company at all times.
3. If at the end of the agreed Trial Period you wish to purchase the Company products for your business, you must sign a license agreement with the Company.
4. The Trial Period will end automatically with no notice from the Company.
Confidential Information
During the Trial Period, the parties wish to discuss Company products and services, and such discussions will necessitate the disclosure of information concerning the business and affairs of each other as each of the parties prepare the provision of services and support. Each party requires such disclosures to be treated in confidence and to be protected in accordance with the terms of this Agreement.
1. Information disclosed under this Agreement will include, but not be limited to, commercial, financial, technical, operational or other information in whatever form (including information disclosed orally) which concerns the business and affairs of the parties and is of a confidential nature, including any such information disclosed prior to the date of this Agreement (“Confidential Information”).
2. Each party will
- Keep in confidence any Confidential Information disclosed to it by the other party and will not disclose that Confidential Information to any person (other than their employees or professional advisers, who need to know the Confidential Information) without the written consent of the other party;
- Use the Confidential Information disclosed to it by the other party only for the purpose for which it was disclosed;
- Ensure that all people to whom the Confidential Information is disclosed under this Agreement are aware of the terms of this Agreement;
- And make copies of the Confidential Information only to the extent strictly necessary to the purpose for which it was disclosed.
3. The parties will keep the existence, nature and content of this Agreement confidential, together with the fact that discussions are taking place concerning the business and affairs of the parties.
4. “Confidential Information” shall not apply to information which has been published, unless such publication was through a breach of this Agreement; information lawfully in the possession of the recipient before its disclosure under this Agreement took place; information obtained from a third party who is free to disclose it; information independently developed by a party; and, information which a party is required to disclose by law (including a regulatory body).
5. The receiving party will on request either return all copies of the Confidential Information to the disclosing party; or destroy such Confidential Information and confirm in writing to the disclosing party that all such information has been destroyed.
6. The disclosure of Confidential Information under this Agreement does not oblige either party to enter into any further agreement with the other party.
Company Obligations and Warranties
1. The Company will use its best efforts to keep the trial instance fully operational and error free during the Trial Period; however, the Company cannot guarantee that the website will always be fully operational or error free and does not accept any liability for any defects which exist, or for any costs, loss of profits, loss of data or consequential losses arising from use or in connection to inability to use and access the website.
2. The Company products, website and trial data are provided without any warranties or guarantees.
3. The Company is not liable for any fault in the instance or the website due to any faults in third party software such as internet browsers or operating systems or other software applications or faults due to computer viruses.
4. The Company website may provide links to other websites or resources without the Company accepting responsibility for these, nor may the Company be deemed to have endorsed their content.
5. The Company may suspend the service or prevent access to the website at any time for the purpose of maintenance of the website.
Subscriber’s Obligations
1. The Subscriber agrees to use all Company products and trial data in the manner they are intended for.
2. The Subscriber will take adequate precautions to prevent unauthorized use of the Company products.
3. The Subscriber agrees to use the Company products in a manner which is consistent with these terms and conditions and in such a way that will ensure compliance with all applicable laws and regulations.
4. The Subscriber is responsible for maintaining the confidentiality of any username or password assigned upon registration for the Company products. As a result, the Subscriber agrees to bear full responsibility for all activities which occur under such account.
5. The Subscriber is responsible for obtaining the equipment and paying all and any charges necessary to access and use the website.
6. The Subscriber agrees not to use the website or the Company products in such a way that will cause it to become damaged, interrupted or rendered less efficient or impaired in any way.
Privacy
1. By subscribing to the Company product and the website, and applying for a password, you will provide the Company with limited personal information. By using the Company product and the Website, you consent to the Company collecting and using this information.
2. This limited personal information will not be sold, traded or rented to third parties or to any party unconnected to the Company. Subscribers’ data may be sometimes used by the Company to improve the existing service or to notify Subscribers about new services from the Company. Subscribers not wishing to receive such information should notify the Company of this by e-mail.
3. Information collected from subscribers includes information from subscribers’ cookies, log files, demographic information given upon applications for subscription to the instance, feedback from subscribers’ use of the website, complaints, sales information and subscribers’ traffic patterns and other information.
4. The Company reserves the right to access and disclose individually identifiable information on a subscriber to comply with applicable laws in the operation of the Company or to protect itself or other users.
5. If the Company decides to change its privacy policy it will notify Subscriber of such changes on the website.
Copyright and Intellectual Property
The copyright and all other proprietary rights whatsoever in the Company product and website remain vested in the Company. This shall include trademarks applied to or used in relation to the Company product or the website. The Subscriber shall not do anything which is inconsistent with or interferes in any way with those rights.
Limitation of Liability
By subscribing to the Company products and the website, the Subscriber acknowledges that the Company shall in no way be liable for any indirect or consequential loss, damage, cost or expense of any kind whatsoever and however caused, whether arising under contract, tort (including negligence) or otherwise, including (without limitation) loss of production, loss of or corruption to data, loss of profits or loss of contracts, loss of operation time and loss of goodwill or anticipated savings, even if the Company has been so advised.
Miscellaneous
1. The confidentiality obligations and restrictions in this Agreement will last for a period of two years from the date of this Agreement.
2. No licenses or any rights under any patent, copyright, trademark or any similar right belonging to either party are implied or granted under this Agreement.
3. This Agreement is governed by the laws of the state of Texas.
By completing the request form and ticking the “accept” box, you have agreed and accepted these terms and conditions as of the time stamped date of the form. The Trial Period shall begin within five (5) business days following this acceptance date.
Last Updated: 09/06/24