1. Introduction
This Beta Tester Confidentiality Agreement ("Agreement") is entered into between Shopout Limited ("Company", "we", "us", or "our") and you, the beta tester ("Tester", "you"). This Agreement outlines the terms under which you agree to participate in the beta testing of our application ("App") and the obligations you undertake to maintain the confidentiality of the information shared with you during the testing period.
2. Confidentiality Obligations
As a beta tester, you acknowledge that during the beta testing period, you will be exposed to confidential and proprietary information related to the App and its functionalities, including, but not limited to, software features, user interface design, user experience strategies, and other material related to the App ("Confidential Information"). You agree to:
a. Maintain Confidentiality: Keep all Confidential Information strictly confidential. You shall not disclose, share, or disseminate any Confidential Information to any third party, including through social media platforms, forums, or any other digital or non-digital means.
b. No Unauthorized Use: Not use the Confidential Information for any purpose other than for beta testing the App as directed by the Company. This includes not using the information for your own benefit or the benefit of others, or to the Company's detriment.
c. No Reproduction: Not reproduce, take screenshots, or create any derivative works based on the Confidential Information without the express written permission of the Company.
3. Prohibition Against Sharing
You expressly agree that you will not share, publish, distribute, or otherwise make available any screenshots, recordings, descriptions, or any other representations of the App or any part thereof, including but not limited to its features, performance, and design, to any third party without the prior written consent of the Company. This prohibition includes posting on social media platforms, blogs, forums, or any public or private group.
4. Return or Destruction of Confidential Information
Upon the conclusion of the beta testing period, or upon the Company's request, you agree to promptly return or destroy all materials and documentation, in any form, containing Confidential Information, and to certify to the Company that all such materials and documentation have been returned or destroyed.
5. Acknowledgment of Company's Rights
You acknowledge that the Confidential Information is proprietary to the Company and that the Company retains all rights, title, and interest in and to the Confidential Information and the App, including all intellectual property rights therein.
6. Term
This Agreement shall commence on the date of your acceptance and shall continue in effect until the beta testing period concludes, or until terminated by either party with written notice. However, your confidentiality obligations under this Agreement shall survive termination.
7. Breach and Remedies
You acknowledge that any breach of this Agreement may cause irreparable harm to the Company for which monetary damages would be inadequate. Accordingly, in addition to any other remedies available at law or in equity, the Company shall be entitled to seek injunctive relief to enforce the terms of this Agreement.
8. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction in which the Company is incorporated, without regard to its conflict of law principles.
9. Entire Agreement
This Agreement constitutes the entire agreement between you and the Company regarding your participation as a beta tester and supersedes all prior agreements and understandings, whether written or oral, concerning its subject matter.
10. Acknowledgment
By participating in the beta testing of the App, you acknowledge that you have read, understand, and agree to be bound by the terms of this Agreement.
Company Contact Information
For any questions or concerns regarding this Agreement, please contact us at:
Email: contact@shopout.app
Address: [Company's Address]
Acceptance
By your participation in the beta testing, you indicate your acceptance of this Agreement and agree to be bound by its terms and conditions.