Ava Labs, Inc. Product Testing Terms and Conditions

Thank you for your interest in being a beta tester of our products! Your feedback will allow us to iterate and create the best user experience for you. These Product Testing Terms and Conditions (the “Terms”) govern your access, download and use of the software and services (collectively, “Products”) provided by Ava Labs, Inc. (“Company,” “us,” “we” or “our”) to you (“User” or “you”).

You agree that by accessing, downloading or using the Products in any way, including, without limitation, evaluating, downloading, purchasing and/or using any of the services offered through the Products or any of third party services you may interact with, you expressly acknowledge that you have read and agree to be bound by all of these Terms and the Important Notice, which is hereby incorporated herein by reference. Each Product may additionally be governed by supplemental terms and conditions, including without limitation the Core Terms of Use and other terms posted on the avalabs.org website from time to time, all of which are hereby expressly incorporated herein by reference. IF YOU DO NOT AGREE WITH SUCH TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE PRODUCTS AND YOU MUST DISCONTINUE USE IMMEDIATELY.

The Products are intended for users who are at least 18 years old. Persons under such age are not permitted to download, access or use the Products. If you breach any of the Terms, your authorization to use the Products will automatically terminate, and any content downloaded from the Products, whether authorized or unauthorized, must be immediately destroyed. We reserve the right to pursue any additional remedies available in law or equity.

Please refer to our Privacy Policy for information about how we collect, use, share and otherwise process information about you.

1. Your Responsibility: Our Products are self-custodial in nature. You are therefore solely responsible for the safeguarding, retention and security of your seed phrase, private keys and password. If you lose your seed phrase, private keys or password, you will not be able to access your digital assets. No one will be able to help you recover any lost seed phrase, private keys or password.
2. No Liability: The Products are in the beta stage of development and may contain errors, bugs and other issues. They are provided only for testing and product improvement purposes and on a completely as-is and as-available basis, without representation, warranty or guarantee of any kind. You may experience interruptions, delays or errors. We make no representation as to the availability, functionality and quality of the Product, including any features, hardware, or communications. You agree that your download, access and use of the Products will be entirely at your own risk. Do not use the Products for any high value transactions or any commercial purposes. Neither we nor Avalanche Foundation Limited and our respective subsidiaries, affiliates and personnel are liable or responsible for any loss or damages arising from the Products. You voluntarily assume all risks of loss, malfunction, inability to use and any other problem, difficulty or damages that may occur.
3. Intellectual Property: We and our licensors own all right, title, and interest in and to the Products (including without limitation any related source code, functionality, software, website designs, information, audio, video, text, photographs, and graphics) and all related technology and intellectual property rights, including the trademarks, copyrights and patents related to the Products. We grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to download and use the Products solely for purposes of beta testing the Products and providing us with feedback. You will not share, distribute, modify, or reverse engineer the Products.
4. Confidential: Anything we or our affiliates provide or communicate to you is our confidential information (“Confidential Information”). This includes the Products, related materials and documentation, product roadmap, features, marketing plans, any of our communications with you, your participation in the product testing, and anything you learn from your participation. At all times, you will protect and preserve the Confidential Information as confidential, and not use the Confidential Information for any purpose except for purposes of testing the Products at our direction. You will not disclose, distribute or disseminate the Confidential Information to any third party without our prior written consent. You may not under any circumstances distribute the Confidential Information in any form to any third party. You will provide your Feedback (as defined below) solely to us. You will not share your experience with others.
5. Accurate: Any information you provide us is true and correct.
6. Feedback. You will provide prompt feedback to us regarding your use of the Products when requested. This may include submitting a writeup, participating in video calls and interviews, documenting any problems or errors you encountered, providing suggestions for improvement, and responding to any surveys that may be provided by us. All the submissions, including any questions, answers, comments, suggestions, ideas, quotes, recordings, screenshots or other information regarding the Products (“Feedback”), provided by you to us or recorded by us shall become our sole property. You agree that we may use, disclose, reproduce, license, distribute and otherwise commercialize your Feedback as we see fit. 
7. No Conflicts: You are not a member of the press, nor an employee or representative of any competitor.
8. Privacy: Please refer to our Privacy Policy for information about how we collect, use, share and otherwise process information about you.
9. Specific Performance and Injunctive Relief. You acknowledge that in the event of a breach of these Terms by the Recipient, a substantial injury could result to us, and money damages will not be a sufficient remedy for such breach. Therefore, in the event that you engages in, or threaten to engage in any act which violates any provision of the Terms, we shall be entitled, in addition to all other remedies which may be available to it under law, to injunctive relief (including, without limitation, temporary restraining orders, or preliminary or permanent injunctions) and specific enforcement of the Terms, without the necessity of proving actual damages to you and without having to post a bond or other security in connection with the granting of any such relief.
10. Governing Law; Jurisdiction and Venue. The Terms, and all matters arising directly or indirectly from the Terms, shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws rules applicable to contracts to be performed entirely within the State of New York. 
11. Arbitration. Any dispute arising out of or relating to the Terms shall be finally settled by binding arbitration conducted expeditiously in accordance with the J.A.M.S./Endispute Comprehensive Arbitration Rules and Procedures. The arbitration shall be governed by the United States Arbitration Act, 9 U.S.C. Sections 1-16, and judgment upon the award rendered by the arbitrators may be entered by any court having jurisdiction thereof. The arbitration shall take place in the State of New York.
12. Entire Agreement. The Terms constitute the entire agreement of the parties with respect to the subject matter hereof and supersedes any and all existing or prior agreements and communications, whether written or oral, relating to the subject matter hereof. 
13. No Assignment. You may not assign or transfer the Terms without our prior written consent. 
14. Modification and Waiver. We may modify the Terms at our sole discretion. The failure of either party to enforce its rights under the Terms at any time for any period shall not be construed as a waiver of such rights.
15. Severability. If any term or provision of the Terms, or the application thereof to any person or circumstances, shall to any extent be invalid or unenforceable, the remaining provisions of the Terms shall not be affected thereby, and each term of the Terms shall be valid and enforceable to the fullest extent permitted by law.