PaidPainter Ltd.
Effective Date: [INSERT DATE OF GO-LIVE]
These Beta Program Terms (the “Beta Terms”) govern your access to and use of the PaidPainter software platform (the “Beta Service”) during its beta phase. The Beta Service is provided by PaidPainter Ltd., a federally incorporated Canadian corporation with a registered office in the Province of New Brunswick (“PaidPainter,” “we,” “us,” or “our”).
These Beta Terms supplement, and do not replace, the PaidPainter Terms of Service and Privacy Policy (together, the “Main Terms”). By accessing or using the Beta Service, you agree to both the Main Terms and these Beta Terms. In the event of any conflict between the Main Terms and these Beta Terms with respect to your use of the Beta Service, these Beta Terms control.
IF YOU DO NOT AGREE TO THESE BETA TERMS, YOU MUST NOT ACCESS OR USE THE BETA SERVICE.
The Beta Service is software that is in active development. It is being made available to a limited group of users (“Beta Users”) during a defined beta phase (the “Beta Period”) so that PaidPainter can gather real-world usage data and feedback before general release.
Although the Beta Service is offered at PaidPainter’s standard subscription pricing, you acknowledge that it is pre-release software and may behave differently than a fully released product.
During the Beta Period, the Beta Service is provided on an “as-is” and “as-available” basis. PaidPainter does not commit to any uptime, response time, support response, error correction, or service-level guarantees of any kind.
You acknowledge that the Beta Service may contain bugs, errors, incomplete features, inaccurate calculations, or other defects, and may experience interruptions, downtime, data loss, or other failures. Calculations, totals, and other outputs produced by the Beta Service should be independently reviewed by you before being relied upon for business decisions.
To the fullest extent permitted by applicable law, PaidPainter disclaims all warranties of any kind with respect to the Beta Service, whether express, implied, statutory, or otherwise, including without limitation implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
PaidPainter intends that customer data created during the Beta Period will be preserved when the Beta Service transitions to general availability (“GA”). Subject to Section 3.2 and the rest of these Beta Terms, your account, organization data, quotes, and other content you create in the Beta Service are intended to remain available to you when the Beta Period ends and the GA service launches.
Notwithstanding Section 3.1, PaidPainter may modify, anonymize, or remove specific data if (a) required to do so by law, court order, or regulatory authority; (b) reasonably necessary to address a security incident, abuse, fraud, or violation of these Beta Terms or the Main Terms; (c) reasonably necessary to perform a database migration, schema change, or other technical operation, in which case PaidPainter will use commercially reasonable efforts to preserve your data; or (d) the affected data was test data, demo data, or data flagged as such within the Beta Service.
You are responsible for retaining your own copies of any data you consider critical. PaidPainter recommends that you periodically export or otherwise back up information you have entered into the Beta Service.
PaidPainter values feedback from Beta Users. “Feedback” means any suggestion, idea, recommendation, bug report, comment, or other input you provide to PaidPainter relating to the Beta Service, whether submitted through in-app channels, email, surveys, calls, or otherwise.
By providing Feedback, you grant PaidPainter a worldwide, royalty-free, perpetual, irrevocable, sublicensable, and transferable licence to use, copy, modify, create derivative works from, distribute, and otherwise exploit the Feedback for any purpose, without obligation, attribution, or compensation to you. You confirm that you have the right to provide such Feedback and that the Feedback does not infringe the rights of any third party.
Nothing in this section requires you to provide Feedback. Your use of the Beta Service is not conditional on providing Feedback.
By accepting these Beta Terms, you consent to receive communications from PaidPainter that relate to your participation in the Beta Program. These communications may include service announcements, downtime notifications, bug fix notifications, feature update notifications, requests for Feedback, surveys, and reasonable follow-up regarding bugs you have reported.
These communications are part of the Beta Service and you may continue to receive them while you remain a Beta User. You may at any time choose to stop using the Beta Service, in which case you may also unsubscribe from non-essential communications, subject to the Main Terms.
Marketing communications unrelated to the Beta Program remain governed by the Main Terms and applicable law, including the Canadian Anti-Spam Legislation.
The Beta Service may include features, screens, performance information, pricing structures, roadmaps, or other materials that are not publicly disclosed by PaidPainter. You agree to treat such non-public information as confidential and not to disclose it to third parties without PaidPainter’s prior written consent, except as required by law.
This section does not restrict you from publicly stating that you use, or have used, the Beta Service, or from sharing the public-facing output of your own work product (such as your own quotes prepared using the Beta Service).
The Beta Period continues until PaidPainter declares it ended, in PaidPainter’s sole discretion. PaidPainter is not required to publish a fixed end date for the Beta Period.
PaidPainter will provide Beta Users with reasonable advance notice before the Beta Period ends, by email, in-app notice, or both. “Reasonable advance notice” will generally mean at least fourteen (14) days, except where shorter notice is necessary to address a security, legal, or regulatory matter.
When the Beta Period ends, your access to and use of the GA service will be governed by the Main Terms and any updates to them in effect at that time. PaidPainter may, at GA, change pricing, features, plans, or service levels, and any such changes will apply on a forward-looking basis in accordance with the Main Terms.
PaidPainter does not guarantee that any specific feature available in the Beta Service will be available at GA, or that the Beta Service will reach GA at all.
PaidPainter may suspend or terminate your access to the Beta Service at any time, with or without cause, including if PaidPainter determines that your use of the Beta Service violates these Beta Terms, the Main Terms, applicable law, or risks harm to PaidPainter, other users, or the Beta Service itself.
You may stop using the Beta Service at any time. Refunds, credits, and pro-ration of subscription fees, if any, are governed by the Main Terms.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PAIDPAINTER, ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, OR USE, ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE BETA SERVICE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PAIDPAINTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
PAIDPAINTER’S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO YOUR USE OF THE BETA SERVICE WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED CANADIAN DOLLARS (CAD $100), OR (B) THE TOTAL SUBSCRIPTION FEES ACTUALLY PAID BY YOU TO PAIDPAINTER FOR USE OF THE BETA SERVICE IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. TO THE EXTENT ANY SUCH LAW APPLIES TO YOU, THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY THAT LAW.
These Beta Terms are governed by the laws of the Province of New Brunswick and the federal laws of Canada applicable in that province, without regard to conflict of laws principles. Subject to any mandatory dispute resolution mechanism in the Main Terms, the courts of the Province of New Brunswick have exclusive jurisdiction over any dispute arising out of or relating to these Beta Terms or the Beta Service.
PaidPainter may update these Beta Terms from time to time during the Beta Period. If PaidPainter makes a material change, it will notify Beta Users by email, in-app notice, or both. Your continued use of the Beta Service after the effective date of an update constitutes your acceptance of the updated Beta Terms. If you do not agree to an update, you must stop using the Beta Service.
These Beta Terms are read together with the Main Terms. All defined terms used but not defined here have the meanings given to them in the Main Terms. Except as expressly modified by these Beta Terms, the Main Terms remain in full force and effect with respect to your use of the Beta Service.
Questions about these Beta Terms can be sent to PaidPainter at: hello@paidpainter.com.
By clicking “I agree”, signing electronically, or otherwise accessing or using the Beta Service after these Beta Terms have been presented to you, you confirm that you have read, understood, and agreed to these Beta Terms.