1. Acceptance
By checking the box on the signup form and accessing any pre-release DashSlayer software, websites, or related services (the Beta Software), you agree to these Beta Program Terms and Conditions. If you are using on behalf of an organization, you represent that you have authority to bind that organization.
2. Definitions
- Company means Hawkeye Asset Management LLC.
- Beta Software means pre-release or experimental versions of DashSlayer and related services, documentation, and materials provided for testing.
- Participant or you means the individual or entity enrolling in the Beta Program.
- Confidential Information means non-public information disclosed or made available by the Company in connection with the Beta Program, including features, roadmaps, performance, feedback, and communications.
3. License and Participation
- Limited license. The Company grants a revocable, non-exclusive, non-transferable license to install and use the Beta Software solely for evaluation and feedback.
- No compensation. Participation is voluntary and unpaid. You receive no compensation, equity, credits, or benefits for participation.
- Acceptable use. You will comply with law and any usage instructions. Do not share access credentials or distribute the Beta Software to third parties.
4. Confidentiality and NDA
The Beta Software and all related materials are Confidential Information. You will not disclose, publish, or share any Confidential Information with third parties without prior written approval from the Company. Reasonable safeguards must be applied to prevent unauthorized use or disclosure. Confidentiality obligations survive termination of the Beta Program.
5. Feedback and Rights
You may provide comments, bug reports, ideas, and other feedback. You assign to the Company all rights, title, and interest in all feedback and grant the Company the right to use it for any purpose without restriction, attribution, or compensation.
6. No Ownership or Claims
Participation in the Beta Program does not grant you any ownership, equity, license, or other rights in the Company, the Beta Software, or any related intellectual property beyond the limited license in Section 3. You acknowledge that you have no claim to the software, the Company, or any assets or rights by virtue of participation.
7. Data Ownership
As a condition of participation, you agree that the Company owns all data submitted to, generated by, or collected through the Beta Software during the Beta Program, including telemetry, logs, analytics, configurations, and outputs. You represent that you have all necessary rights and consents to provide any data you submit and that you assign to the Company all rights in such data. The Company may use this data for any lawful purpose, including product improvement and analytics.
8. Publicity and Reviews
You are prohibited from publishing reviews, testimonials, public statements, or any disclosures about the Beta Software or your participation without prior written approval from the Company. Media inquiries must be directed to the Company.
9. Production Use and Risk
Production use is permitted at your sole discretion and risk. The Beta Software is pre-release and may contain errors or defects. You are responsible for backups, redundancy, and safeguards appropriate for your environment. The Company is not liable for any consequences of production use.
10. No Support and Changes
The Company is not obligated to provide support, maintenance, updates, or continued availability for the Beta Software. Features may change or be removed at any time. The Company has no obligation to release the Beta Software as a generally available product.
11. Suspension and Termination
- By Company. The Company may suspend or terminate the Beta Program or your participation at any time for any reason or no reason.
- By you. You may stop participating and uninstall the Beta Software at any time.
- Post-termination. On termination, you must cease use and delete all copies of the Beta Software and any materials containing Confidential Information. Sections intended to survive will continue to apply.
12. Disclaimers
The Beta Software is provided as is and as available, without warranties or conditions of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. No oral or written advice or information creates any warranty.
13. Limitation of Liability
To the maximum extent permitted by law, the Company and its affiliates are not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, data, or goodwill, arising out of or related to the Beta Program or Beta Software, even if advised of the possibility. The aggregate liability of the Company for all claims will not exceed one hundred US dollars.
Assumption of Risk and Waiver. You acknowledge that the Beta Software may fail, crash, corrupt data, or be unavailable. You assume all risk arising from your use, including production use. To the fullest extent permitted by law, you waive and release any claims against Hawkeye Asset Management LLC, its affiliates, and its suppliers arising from system failures, downtime, loss or corruption of data, or service defects, and you agree that your exclusive remedy is limited to the liability cap stated in this Section.
14. Indemnification
You will defend, indemnify, and hold harmless the Company and its affiliates from claims, losses, liabilities, damages, costs, and expenses, including reasonable attorneys' fees, arising from your data, your use of the Beta Software, or your breach of these Beta Terms or applicable law.
15. Privacy and Data Protection
Your participation is subject to our Privacy Policy. The Company may process personal information to administer the Beta Program, operate the Beta Software, and improve products. Where required, you will obtain consents from end users whose data you input.
16. Export Compliance
You will comply with all export control and sanctions laws. You represent that you are not a prohibited party and will not make the Beta Software available to such parties.
17. Governing Law and Disputes
These Beta Terms are governed by the laws specified in our Terms of Service. Dispute resolution procedures in our Terms of Service apply to disputes arising from or relating to these Beta Terms and your participation in the Beta Program.
18. Changes to these Beta Terms
We may update these Beta Terms. We will post the updated version and revise the Last Updated date. Continued participation after the effective date signifies acceptance of the updated terms.
19. Precedence
These Beta Terms apply in addition to our Terms of Service and Privacy Policy. If there is a conflict, these Beta Terms control for Beta participation and Beta Software.
20. Contact
Hawkeye Asset Management LLC
Attn: Legal Department (DashSlayer Beta Program)
Support: [email protected]
Legal: [email protected]
Address: 6111 Shallowford Rd Ste 105-D 235, Chattanooga, TN 37421
By checking the box on the signup form labeled "I agree to the Beta Program Terms and Conditions," you acknowledge that you have read, understand, and agree to be bound by these Beta Terms.