Beta and Early Access Program Terms

Aperim Pty Ltd (ABN 46150699737; ACN 150699737) is incorporated in New South Wales, Australia and operates the aicial brand. In these Beta Terms, “aicial” refers to that brand; “we”, “us” and “our” refer to Aperim Pty Ltd; and “you” has the meaning given in the Terms of Service.

These Beta and Early Access Program Terms (“Beta Terms”) are supplemental to, and form part of, our Terms of Service. They apply only when, and only for as long as, you access, enable or otherwise use a Beta Feature, as defined in section 2. Capitalised terms not defined in these Beta Terms have the meaning given in the Terms of Service.

If a specific term of these Beta Terms conflicts with the Terms of Service on a matter concerning a Beta Feature, these Beta Terms apply for that Beta Feature; the Terms of Service otherwise continue to apply in full. Where an order form or SOW expressly addresses a Beta Feature, the order form or SOW prevails over these Beta Terms for that matter, consistent with section 1 of the Terms of Service. Everything about your relationship with us that these Beta Terms do not address remains governed by the Terms of Service.

In these Beta Terms, “Beta Feature” means any feature, functionality, product or program that aicial makes available and specifically labels “beta,” “preview” or “early access,” whether offered as part of an existing service or as a separate program. These Beta Terms do not name a specific Beta Feature: they are a standing framework that applies automatically whenever aicial labels something a Beta Feature, including a staged or early-access rollout of part of our planned self-serve software service.

A Beta Feature is never one of your core paid services. The Social Performance Audit, the Outcome-Proof Pack and the Benchmark & Strategy Engagement are not Beta Features, and nor is our self-serve software service once it becomes generally available. Labelling one feature within a service “beta” does not make the rest of that service a Beta Feature.

You accept these Beta Terms, for a particular Beta Feature, by enabling, accessing, joining the labelled program for, or otherwise using that Beta Feature. If you do not agree to these Beta Terms, do not use the Beta Feature they apply to — you may continue to use your core paid services without doing so.

A Beta Feature is provided on an “as is” and “as available” basis. It may contain errors or bugs, may not function reliably, and may not reflect the quality, performance or feature set of a generally available service. Use a Beta Feature at your own discretion, and do not rely on it for a purpose where an error, interruption or loss of data would cause you material harm.

We may change or limit a Beta Feature at any time, without notice and without liability to you. We may also suspend or discontinue a Beta Feature at any time, without liability to you, subject to section 7. We make no commitment about a Beta Feature’s uptime, availability, response times or support. A Beta Feature is not covered by any service level or support commitment that applies to your core paid service, or by our Service Level Agreement, unless we agree otherwise with you in writing.

Nothing in this section excludes, restricts or modifies a guarantee under the Australian Consumer Law that cannot lawfully be excluded, or any other right you have under law that cannot lawfully be excluded, restricted or modified.

You may choose to give us feedback about a Beta Feature, including comments, suggestions, error reports and ideas for improvement (“Feedback”). You are not obliged to provide Feedback.

We may use Feedback for any purpose, including to develop, test and improve aicial’s products and services, without owing you compensation, attribution or any other obligation, unless we agree otherwise with you in writing. This does not affect your ownership of, or our licence to, your own content and data under the Terms of Service; Feedback is limited to what you tell us about a Beta Feature, not your own content or data.

We may designate a Beta Feature as confidential, including by labelling it “confidential” or telling you it is confidential when we make it available to you. Where we do, you must not disclose the Beta Feature, its existence, or any non-public information about it to anyone other than your own personnel or contractors who need to know about it to help you use it, without our prior written consent. You must ensure anyone you disclose it to under this section keeps it confidential on the same basis.

This obligation continues until we remove the confidential designation, which we typically do when the Beta Feature becomes generally available under section 8. It applies in addition to, and does not limit, the general confidentiality obligation in the Terms of Service. It does not apply to information that is or becomes public other than through your breach of this section, that you already lawfully held, or that you are required by law to disclose, provided that, where legally permitted, you give us reasonable notice before disclosure.

Making a Beta Feature available to you creates no obligation for us to release it generally, on any particular timeline, or in the same or a similar form. We may abandon a Beta Feature entirely and never release it as a generally available feature.

We may end a beta program, or your participation in it, at any time and for any reason — including where we discontinue the Beta Feature under section 3, where we believe continuing poses a risk to security, to another customer, or to the integrity of a connected platform, or where the program has simply run its course. Where reasonably practicable, we give you notice before doing so; where it is not, we notify you promptly afterwards.

Ending your participation in a beta program disables your access to the affected Beta Feature. It does not affect your access to your core paid services, and does not, by itself, terminate the Terms of Service or an order form or SOW. Where you created content or data in the Beta Feature, our export and clean-exit commitment in the Terms of Service applies to it in the same way as to any other service.

When a Beta Feature becomes generally available, it stops being a Beta Feature and these Beta Terms stop applying to it, except that sections 4 (Feedback) and 5 (Confidentiality of unreleased features) survive that transition and survive the end of a beta program or your participation in it under section 7. From that point, the feature is otherwise governed by the standard Terms of Service and any order form or SOW that applies to the service it is part of, in the same way as any other generally available feature.

We decide when, and whether, a Beta Feature becomes generally available. Section 6 explains that making a Beta Feature available creates no obligation for us to take that step at all, on any particular timeline, or in the same form.

We may update these Beta Terms to reflect changes to our beta and early-access practices or our legal obligations. The version, effective date and last-reviewed date shown at the top identify the current Beta Terms. We publish updated Beta Terms on our website and, where a change is material, provide additional notice through the service or by email before it takes effect. Continuing to use a Beta Feature after an update takes effect means you accept the updated Beta Terms.

For questions about these Beta Terms, or about a specific Beta Feature or program, contact:

Aperim Pty Ltd, which operates the aicial brand
ABN 46150699737
ACN 150699737
New South Wales, Australia
Email: legal@aicial.com