Welcome to the Phermi Beta Testing Program! We're excited to have you help us test our new location-sharing app. By participating in this program, you agree to the following terms and conditions:
1. Program Overview
Phermi is a mobile application designed to help friends find each other in the real world by sharing their location. As a beta tester, you will be using a pre-release version of the Phermi app ("Beta App") and providing feedback to our development team. Your participation is crucial in helping us identify bugs, improve features, and enhance the overall user experience before the official launch.
2. Eligibility and Participation
- You must be at least 14 years of age to participate in the Phermi Beta Testing Program. If you are under the age of 18, you represent that you have obtained parental or guardian consent to participate in this program and agree to these terms.
- You must have a compatible mobile device and internet access.
- Participation in this program is voluntary and does not create any employment or agency relationship between you and Technology Evolution Solutions LLC/Phermi.
- We reserve the right to select, decline, or remove any participant from the beta program at our sole discretion.
3. Confidentiality
- You acknowledge that the Beta App, its features, functionality, and your participation in the beta program are confidential and proprietary information of Technology Evolution Solutions LLC/Phermi.
- You agree not to disclose, disseminate, or otherwise make available any information about the Beta App to any third party without our prior written consent. This includes, but is not limited to, screenshots, videos, discussions, or any other form of communication.
- You agree to use the Beta App solely for the purpose of beta testing and providing feedback.
4. Feedback and Data Collection
- You agree to provide honest, constructive, and timely feedback on the Beta App's performance, features, and usability. This may include reporting bugs, suggesting improvements, and completing surveys.
- You understand and agree that Phermi may collect usage data, crash logs, and other diagnostic information from your device during your use of the Beta App. This data will be used solely for the purpose of improving the app and will be handled in accordance with our Privacy Policy (see Section 7).
- Any feedback, suggestions, or ideas you provide to us regarding the Beta App will be considered non-confidential and non-proprietary. You grant Phermi a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, distribute, and otherwise exploit your feedback for any purpose without attribution or compensation to you.
5. Disclaimers and Limitations of Liability
- THE BETA APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
- You acknowledge that the Beta App is a pre-release version and may contain bugs, errors, or other problems that could cause loss of data, system crashes, or other issues.
- Phermi does not guarantee that the Beta App will be uninterrupted, error-free, or free from harmful components.
- IN NO EVENT SHALL PHERMI OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE BETA APP; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE BETA APP; (III) ANY CONTENT OBTAINED FROM THE BETA APP; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
- Your sole remedy for any dissatisfaction with the Beta App is to stop using it and cease participation in the beta program.
6. Your Responsibilities
- You are responsible for maintaining the confidentiality of your beta tester access credentials.
- You agree to use the Beta App responsibly and in compliance with all applicable laws and regulations.
- You agree not to use the Beta App for any unlawful or unauthorized purpose, including but not limited to harassment, stalking, or any activity that infringes on the rights of others.
- You are responsible for any data charges incurred while using the Beta App.
7. Privacy Policy
- Your use of the Beta App is also governed by Phermi's Privacy Policy, which can be found here. By participating in this beta program, you agree to the terms of the Privacy Policy.
8. Termination
- Phermi reserves the right to terminate your participation in the beta program at any time, for any reason, without notice.
- You may cease your participation in the beta program at any time by uninstalling the Beta App.
- Upon termination of your participation, you agree to immediately cease all use of the Beta App and delete all copies of the Beta App from your devices. The confidentiality obligations set forth in Section 3 will survive termination.
9. Changes to Terms and Conditions
- Phermi reserves the right to modify these Terms and Conditions at any time. We will notify you of any changes by posting the updated terms within the Beta App or by email. Your continued participation in the beta program after any such modifications constitutes your acceptance of the revised Terms and Conditions.
10. Governing Law
- These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.
11. Entire Agreement
- These Terms and Conditions, together with our Privacy Policy, constitute the entire agreement between you and Phermi regarding your participation in the Beta Testing Program.
By installing and using the Phermi Beta App, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.
Thank you for helping us make Phermi great!
Sincerely,
The Phermi Team
Technology Evolution Solutions LLC