ModelXcel Pro — Beta Program Agreement
By participating in the ModelXcel Pro Beta Program ("Program"), you ("Beta Tester") agree to the following terms and conditions set forth by ModelXcel ("Company").
1. Beta Software Disclaimer
The beta version of ModelXcel Pro ("Beta Software") is provided "AS-IS," "WITH ALL FAULTS," and "AS AVAILABLE." The Beta Software is pre-release software that may contain bugs, errors, and defects. The Company makes no warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
Beta Tester acknowledges that the Beta Software is believed to contain defects and should exercise caution when using it. Beta Tester is advised to safeguard important data, to use caution, and not to rely in any way on the correct functioning or performance of the Beta Software.
2. Limitation of Liability
In no event shall the Company be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to loss of data, loss of profits, business interruption, or any other commercial damages or losses, arising out of or related to the use of, or inability to use, the Beta Software.
3. Confidentiality
Beta Tester agrees to keep confidential all information regarding the Beta Software, including but not limited to:
- Features, functionality, and user interface of the Beta Software
- Performance data and benchmarks
- Any bugs, errors, or defects discovered
- Communications from the Company regarding the Program
Beta Tester shall not publish reviews, screenshots, benchmarks, or any other information about the Beta Software without prior written consent from the Company. This obligation continues until the general availability release of ModelXcel Pro or 12 months after the end of the Program, whichever comes first.
4. Feedback & Intellectual Property
Beta Tester grants the Company a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate any feedback, suggestions, improvements, or ideas ("Feedback") provided during the Program. The Company may use such Feedback without compensation or attribution to the Beta Tester.
5. Data Collection
The Beta Software may collect anonymized usage data, error logs, and system configuration information to help improve the product. No personally identifiable information from your workbooks or documents will be collected or transmitted. By participating, you consent to this data collection.
6. Duration & Termination
The Program runs for a limited period determined by the Company. Either party may terminate participation at any time without cause. Upon termination, Beta Tester must uninstall the Beta Software and destroy any copies. The Company reserves the right to revoke beta access at any time.
7. No Support Obligation
The Company is not obligated to provide technical support, maintenance, or updates for the Beta Software. Any support provided during the Program is on a best-effort basis.
8. Governing Law
This Agreement shall be governed by and construed in accordance with applicable laws. Any disputes shall be resolved through good-faith negotiation between the parties.
Last updated: February 2025