Terms and policies.

Introduction

This Feature Preview Program Addendum ("Addendum") supplements Adaptive Security's Terms of Service ("Terms") and applies when you opt in to Adaptive Security's Feature Preview Program. You opt-in to Adaptive Security's Feature Preview Program by checking an in-product box, enabling a setting, or otherwise indicating that you agree to use Feature Previews. If you do not agree, do not opt in or use Feature Previews.

1. Definitions

"Feature Preview Program" refers to the opt-in program that allows customers to access experimental features before they are generally available.

"Feature Previews" refers to any alpha, beta, preview, pilot, experimental, or prototype functionality made available through the Feature Preview Program, including related documentation and updates.

"Feedback" refers to any comments, suggestions, ideas, feature requests, improvements, or other input you provide about Feature Previews.

Capitalized terms not defined in this Addendum have the meanings set forth in the Terms.

2. Terms of Use

You will use Feature Previews solely for internal evaluation purposes and in accordance with the Terms and any applicable documentation.

Feature Previews are excluded from Adaptive's support and service level obligations, including any SLA, uptime commitments, service credits, or remedies that may apply to the Services generally.

Feature Previews are excluded from Adaptive's security, compliance, and privacy commitments that may apply to generally available Services.

Any non-public, proprietary, or confidential information disclosed by Adaptive about Feature Preview Features is Adaptive Confidential Information, and you agree not to use or disclose it except as permitted under the Terms.

3. Disclaimer and Limitation of Liability

WITHOUT LIMITING ANY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH ELSEWHERE IN THIS ADDENDUM OR THE TERMS, YOU AGREE THAT THE FEATURE PREVIEW PROGRAM AND ALL ASPECTS OF THE FEATURE PREVIEW PROGRAM (INCLUDING FEATURE PREVIEWS): (A) ARE NOT COMPLETE IN DEVELOPMENT AND HAVE NOT BEEN GENERALLY RELEASED FOR SALE BY ADAPTIVE SECURITY; (B) MAY NOT BE FULLY FUNCTIONAL AND MAY CONTAIN BUGS, ERRORS, DESIGN FLAWS, OR OTHER PROBLEMS, INCLUDING PROBLEMS THAT MAY ADVERSELY IMPACT THE OPERATION OF YOUR INFRASTRUCTURE OR SERVICES PROVIDED BY ADAPTIVE SECURITY OR ANOTHER PARTY; (C) MAY NOT HAVE BEEN FULLY EVALUATED FOR REGULATORY COMPLIANCE AND MAY NOT MEET ALL REQUIREMENTS FOR TRANSMITTING, STORING, CREATING, OR OTHERWISE PROCESSING FINANCIAL OR PERSONAL DATA; (D) WHEN USED, MAY RESULT IN UNEXPECTED RESULTS, LOSS OF CONTENT OR COMPANY DATA, OR OTHER UNPREDICTABLE DAMAGE OR LOSS; AND (E) ARE PROVIDED ENTIRELY "AS IS" AND AS AVAILABLE, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. ADAPTIVE SECURITY ASSUMES NO INDEMNITY OBLIGATION OF ANY KIND WITH RESPECT TO THE FEATURE PREVIEW PROGRAM.

IN NO EVENT WILL ADAPTIVE SECURITY BE LIABLE TO YOU OR ANY OTHER PARTY FOR DAMAGES OF ANY KIND ARISING OUT OF OR RELATED TO THIS ADDENDUM OR THE FEATURE REVIEW PROGRAM, WHETHER RESULTING FROM A TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, WARRANTY, OR OTHER FORM OF ACTION, AND INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, AND EVEN IF YOU HAVE ADVISED ADAPTIVE SECURITY OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES AGREE THAT (A) THE FOREGOING LIMITATION OF LIABILITY IS MATERIAL TO THIS ADDENDUM AND ADAPTIVE SECURITY'S AGREEMENT TO PROVIDE COMPANY WITH ACCESS TO THE FEATURE PREVIEW PROGRAM, AND (B) TO THE EXTENT NOT ENFORCEABLE UNDER APPLICABLE LAW, ADAPTIVE SECURITY'S TOTAL LIABILITY WITH RESPECT TO THE FEATURE PREVIEW PROGRAM AND THIS ADDENDUM SHALL NOT EXCEED $1,000.00.

No information or advice, whether oral or written, obtained by you from Adaptive or through Feature Preview Features will create any warranty not expressly made in this Addendum.

4. Intellectual Property

All Feature Previews and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Adaptive Security, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights law. Except for the limited right to use Feature Previews for internal evaluation purposes under this Addendum, no other rights or permissions are granted.

5. Adaptive's Use

Adaptive may use information about your access to and use or evaluation of Feature Previews to provide, maintain, develop, and improve its products, services, or features; comply with applicable law; enforce its terms and policies; and keep its products, services, and features safe.

6. Feedback

You may provide Adaptive with feedback regarding Feature Preview Features, including observations about performance, features, and functionality ("Feedback"). You agree that Adaptive may use Feedback without restriction or compensation. Feedback will not be considered your confidential information or trade secret.

7. Discontinuation or Modification of Feature Preview Features

Adaptive reserves the right to discontinue, modify, or update any Feature Preview Feature at any time, with or without prior notice. Adaptive may also choose not to make any Feature Previews generally available. Adaptive will not be liable for any discontinuation, modification, or update of a Feature Preview Feature.

Your right to access and use Feature Preview Features will automatically terminate upon the earlier of (i) release of a generally available version of the applicable Feature Previews or (ii) discontinuation or termination of the Feature Preview by Adaptive.

8. Modifications of this Addendum

Adaptive reserves the right to modify, amend, or update this Addendum at any time. Any changes will be effective upon posting on Adaptive's website or other designated platform. Your continued use of any Feature Preview after changes are posted constitutes acceptance of the revised Addendum. It is your responsibility to review this Addendum regularly.

9. Conflicts

Notwithstanding anything to the contrary in the Terms, if there is a conflict between the Terms and this Addendum, this Addendum will govern solely in connection with the Feature Preview Program and Feature Previews.

10. Contact Us

If you have questions about this Addendum or the Feature Preview Program, email us at tos@adaptivesecurity.com.