Beta Tester Agreement

This Beta Tester Agreement (“Agreement”) is entered into by and between InvyteOut, Inc. (“Company”) and the participating beta tester (“Beta Tester”). The purpose of this Agreement is to permit Beta Tester to access and use InvyteOut (the “Platform”) on a trial, pre‑release basis, so that Company may evaluate performance and gather feedback regarding the Platform’s features, functionality, and overall user experience. This Agreement is solely for evaluation purposes.

During the Term of this Agreement, Beta Tester may use the Platform and any features, models, or tools made available within it exclusively for internal testing and evaluation. Beta Tester shall not (a) use the Platform for any commercial, production, client-facing, or other non‑evaluation purposes; (b) modify, copy, distribute, reverse engineer, or create derivative works of the Platform; or (c) permit access to the Platform by any third party except its employees and contractors who have a need to know and are bound by written obligations at least as protective as those set forth herein.

Beta Tester’s access to and use of the Platform is conditioned upon compliance with Company’s Privacy Policy and Terms of Service, which are incorporated by reference into this Agreement. Beta Tester agrees not to input into the Platform any personal data or other information in violation of the Privacy Policy or applicable law.

Beta Tester agrees that any information or materials it provides to the Platform (“AI Input”) will not violate any law, infringe any third‑party rights, or contain harmful, malicious, or inappropriate content. Beta Tester is responsible for ensuring it has the right to provide all AI Input and for any consequences resulting from that AI Input.

Beta Tester will provide Company with comments, suggestions, reports, and other information relating to its testing and evaluation of the Platform (“Feedback”). Beta Tester assigns to Company all right, title, and interest in and to Feedback, and Company may use Feedback without restriction. Company has no obligation to use or incorporate any Feedback.

As consideration for providing Feedback, Company grants Beta Tester a perpetual, irrevocable, worldwide, royalty‑free right to use, reproduce, modify, and create derivative works from any output generated by Beta Tester’s use of the Platform (“AI Output”). Beta Tester is solely responsible for independently reviewing, evaluating, and verifying the accuracy, completeness, legality, and appropriateness of all AI Output before relying on or using such AI Output in any manner. Company makes no representations or warranties regarding the accuracy or reliability of any AI Output and disclaims all liability arising from Beta Tester’s use of or reliance on AI Output.

Except for the limited rights expressly granted herein, Company retains all rights, title, and interest in and to the Platform, including all related intellectual property rights. No licenses are granted by implication or otherwise.

Except for the limited rights expressly granted in this Agreement, each party retains all right, title, and interest in and to its respective intellectual property. Company retains all rights in the Platform and any related materials, and no rights are granted to Beta Tester except as needed to use the Platform for testing and evaluation. As between the parties, Beta Tester owns any AI Input it provides and may retain and use the AI Output generated from that Input as permitted under this Agreement.

Beta Tester may have access to information relating to the Platform or Company that is not publicly available (“Confidential Information”). Beta Tester agrees to use Confidential Information only for purposes of testing and evaluating the Platform and to protect it using at least reasonable care. Beta Tester will not disclose Confidential Information to any third party except to its employees or contractors who need to know it for testing purposes and who are bound by obligations no less protective than those in this Agreement. Confidential Information does not include information that (a) is or becomes publicly available without breach of this Agreement, (b) was already known to Beta Tester without restriction, (c) is independently developed without use of Confidential Information, or (d) is rightfully received from a third party without confidentiality obligations.

This Agreement begins on the Effective Date and continues for ninety (90) days unless terminated earlier (the “Term”). Either party may terminate this Agreement at any time, for any reason or no reason, upon notice to the other party. Company may suspend or terminate Beta Tester’s access to the Platform immediately if Company believes Beta Tester has violated this Agreement or is using the Platform in a manner that could harm Company, the Platform, or any third party. Upon termination of this Agreement, Beta Tester must stop using the Platform and delete any access credentials or materials relating to the Platform, except that Beta Tester may retain and use any AI Output as permitted under this Agreement. Sections that by their nature should survive termination will continue in effect.

The Platform and AI Output are provided on a trial, “as‑is” and “as‑available” basis for testing and evaluation only. Company does not make any promises or guarantees about the accuracy, reliability, completeness, legality, or usefulness of any AI Output, and AI Output may be incomplete, incorrect, unpredictable, biased, or otherwise unsuited for reliance. Company does not control or monitor the AI Output generated through the Platform. To the fullest extent permitted by law, Company disclaims all warranties of any kind, whether express, implied, statutory, or otherwise, including any warranties of accuracy, non‑infringement, merchantability, or fitness for a particular purpose, and does not warrant that the Platform will operate without errors, interruptions, or harmful components.

To the maximum extent permitted by law, Company will not be liable for any indirect, incidental, consequential, special, or punitive damages, or for any loss of data, profits, or revenues, arising out of or relating to this Agreement or Beta Tester’s use of the Platform or any AI Output, including damages resulting from inaccurate, incomplete, inappropriate, or harmful AI Output or Beta Tester’s reliance on such AI Output. Company’s total liability for any claim arising under this Agreement will not exceed one hundred dollars (US $100). These limitations apply regardless of the theory of liability, even if Company has been advised of the possibility of such damages.

This Agreement is the entire agreement between the parties regarding the subject matter hereof and supersedes any prior or contemporaneous communications. Beta Tester may not assign or transfer this Agreement or any rights or obligations hereunder without Company’s prior written consent, and any attempted assignment without such consent is void. Company may assign this Agreement without restriction. This Agreement is governed by the laws of the State of Washington, without regard to conflict‑of‑laws principles. Any disputes arising out of or relating to this Agreement will be brought exclusively in the state or federal courts located in Seattle, King County, Washington, and the parties consent to the personal jurisdiction of those courts for such purposes. Before initiating any formal dispute resolution, the parties will attempt in good faith to resolve the dispute through informal discussions. If they are unable to resolve the dispute within a reasonable period, the parties agree to participate in binding mediation, conducted in Seattle, Washington, before a mutually agreed mediator. If any provision of this Agreement is found to be unenforceable, the remaining provisions will remain in full force and effect. Any notices under this Agreement must be in writing and will be deemed given when sent by email or other electronic means. No failure or delay in exercising any right under this Agreement constitutes a waiver of that right.

The executed form of this Agreement is signed by InvyteOut, Inc. and the individual Beta Tester. Beta testers receive a signed copy via email at the time of acceptance into the program.

If you are a beta tester and need a copy of your executed Agreement, contact Info@InvyteOut.com.