Early Access Program Terms

Effective Date: January 1, 2025

1. Introduction and Scope

1.1 Applicable Terms

Choiceform may offer you access to Early Access Features, as defined below. These Early Access Program Terms ("EAP Terms") govern your use of Early Access Features and form an integral part of our Terms of Service. Together, they constitute the agreement between Choiceform and you regarding Early Access Features.

1.2 Relationship to Terms of Service

These EAP Terms apply only to Early Access Features and supplement our Terms of Service. In case of conflict between these EAP Terms and the Terms of Service regarding Early Access Features, these EAP Terms will prevail.

1.3 Acceptance

By accessing or using any Early Access Feature, you indicate that you have read, understood, and agreed to these EAP Terms. Your first access to an Early Access Feature constitutes acceptance of these EAP Terms (the "EAP Effective Date").

1.4 Modifications

Choiceform may modify these EAP Terms at any time. Continued use of Early Access Features after modifications constitutes acceptance of the modified terms.

2. Definitions

2.1 "Early Access Features" means Atomemo features, technologies, or services that are:

• In development, beta, alpha, or pre-release stages
• Not yet generally available to all Atomemo users
• Offered to a limited group of users for testing and feedback
• Experimental or under evaluation

Early Access Features may include:

• New workflow nodes or automation capabilities
• AI agent enhancements
• Plugin features or integrations
• Platform improvements or experimental tools
• API endpoints or SDKs in development

2.2 "Early Access Period" means the duration during which an Early Access Feature is available to you, as communicated by Choiceform or until the feature becomes Generally Available.

2.3 "Generally Available" or "GA" means a feature that Choiceform has released for general use by all Atomemo users, typically following the Early Access Period.

2.4 "Production Environment" means your live Atomemo environment where workflows execute for actual business operations (as opposed to testing or development).

2.5 "Feedback" means suggestions, comments, ideas, bug reports, feature requests, or other feedback you provide regarding Early Access Features.

3. Access and Use Rights

3.1 License Grant

Subject to these EAP Terms, Choiceform grants you a limited, non-exclusive, non-transferable, revocable license to access and use Early Access Features during the Early Access Period for the purposes described in program communications.

3.2 Access Control

Choiceform may, at any time and for any reason:

• Modify the features or functionality of Early Access Features
• Suspend or terminate your access to Early Access Features
• Change eligibility requirements for participation
• End the Early Access Period for any feature

We will provide notice to the email address associated with your account when feasible.

3.3 Use Restrictions

You may not:

(a) Reverse Engineer: Reverse engineer, decompile, or disassemble Early Access Features, except as permitted by applicable law;

(b) Commercial Exploitation: Use Early Access Features to develop competing products or services;

(c) Unauthorized Disclosure: Disclose, share, or publicly discuss Early Access Features without Choiceform's prior written permission;

(d) Redistribute: Distribute, sublicense, rent, or sell access to Early Access Features;

(e) Circumvent Restrictions: Attempt to circumvent technical limitations or access controls;

(f) Harmful Use: Use Early Access Features in any manner that could damage, disable, or impair Atomemo or its infrastructure.

3.4 Production Use

Default Policy: Early Access Features are intended for testing and evaluation only, not production use.

Authorized Production Use: If Choiceform explicitly permits production use of an Early Access Feature:

• Use is at your sole risk
• You must discontinue production use immediately upon notice from Choiceform
• Standard service level agreements (SLAs) do not apply
• Data loss or service disruption may occur

Recommendation: Always maintain backups and have fallback plans when using Early Access Features in production.

4. Early Access Feature Characteristics

4.1 Nature of Early Access

Early Access Features are experimental and under active development. They may:

(a) Contain Bugs: Have errors, defects, or unexpected behavior;

(b) Change Without Notice: Be modified, redesigned, or removed at any time;

(c) Lack Documentation: Have incomplete or evolving documentation;

(d) Perform Inconsistently: Experience downtime, errors, or performance issues;

(e) Lack Support: Not receive the same support level as GA features;

(f) Become Unavailable: Be discontinued without becoming Generally Available.

4.2 No Guarantees

Choiceform does not guarantee that:

• Early Access Features will become Generally Available
• Features will remain unchanged when released
• Your workflows using Early Access Features will continue to function
• Data created using Early Access Features will be preserved
• Integrations or APIs will maintain backward compatibility

4.3 Data Handling

For Early Access Features:

• Data May Be Lost: Configurations, workflows, or data may be lost when features change or end
• No Data Migration Guarantee: We may not migrate data to GA versions
• Backup Responsibility: You are responsible for backing up critical data
• Test Data Recommended: Use non-production data when possible

5. Feedback and Intellectual Property

5.1 Feedback Provision

You agree to provide Feedback regarding Early Access Features, including:

• Bug reports and error logs
• Feature suggestions and usability comments
• Performance observations
• Integration experiences
• Use case descriptions

5.2 Feedback Ownership

You grant Choiceform a perpetual, irrevocable, worldwide, royalty-free license to:

• Use, copy, modify, and distribute your Feedback
• Incorporate Feedback into Atomemo
• Create derivative works based on Feedback
• Commercialize products or features based on Feedback

No Compensation: Choiceform has no obligation to compensate you for Feedback.

No Attribution: Choiceform may use Feedback without attribution.

Not Confidential: Feedback is not considered your Confidential Information.

5.3 Ownership of Early Access Features

Choiceform and its licensors retain all rights, title, and interest in Early Access Features, including:

• All intellectual property rights
• Improvements and enhancements
• Derivative works
• Associated documentation

6. Confidentiality

6.1 Confidential Information

The following are considered Choiceform's Confidential Information:

• Existence and details of Early Access Features
• Feature roadmaps and release plans
• Performance data and benchmarks
• Security vulnerabilities or issues
• Any information marked or identified as confidential

6.2 Confidentiality Obligations

You agree to:

(a) Not Disclose: Keep Confidential Information strictly confidential;

(b) Limited Use: Use Confidential Information only for evaluating Early Access Features;

(c) Protect: Take reasonable measures to protect Confidential Information;

(d) No Public Discussion: Not discuss Early Access Features publicly without permission;

(e) No Screenshots/Recordings: Not share screenshots, recordings, or detailed descriptions without authorization.

6.3 Exceptions

Confidentiality obligations do not apply to information that:

• Is or becomes publicly available through no fault of yours
• You lawfully possessed before disclosure
• Is independently developed by you without using Confidential Information
• Must be disclosed by law (with prompt notice to Choiceform)

6.4 Marketing and Publicity

You may not:

• Publicly announce your participation in Early Access programs
• Use Choiceform trademarks in connection with Early Access Features
• Create content (blogs, videos, demos) about Early Access Features

Without Choiceform's prior written permission.

Choiceform may:

• Identify you as an Early Access participant (with your permission)
• Request testimonials or case studies
• Collect usage metrics and statistics

7. Support and Service Levels

7.1 Limited Support

For Early Access Features:

• No SLA: Standard service level agreements do not apply
• Best Effort: Support is provided on a best-effort basis
• Limited Availability: Support channels may be limited
• Community Priority: Community support may be the primary resource
• No Guarantee: Issue resolution is not guaranteed

7.2 Support Channels

You may receive support through:

• Dedicated Early Access community forums
• Email to designated Early Access support addresses
• Regular Atomemo support channels (lower priority)
• Direct communication with product teams (if offered)

7.3 Documentation

Early Access Feature documentation:

• May be incomplete or draft versions
• May change frequently
• May not follow standard documentation formats
• Is provided as-is

8. Third-Party Integrations

8.1 Third-Party Services

Early Access Features may integrate with third-party services. You acknowledge:

• Third-party services have their own terms and privacy policies
• Choiceform is not responsible for third-party services
• Integrations may break or change without notice
• Third-party services may not support Early Access Features

8.2 API Access

If Early Access Features include API access:

• APIs may change without backward compatibility
• Rate limits may be different from GA APIs
• Deprecation notice may be limited or absent
• API keys may become invalid when features change

9. Term and Termination

9.1 Early Access Period

The Early Access Period for a feature:

• Begins when you first access the feature
• Continues until the feature becomes Generally Available or is discontinued
• May end at Choiceform's discretion
• May vary for different features

9.2 Termination by You

You may stop using Early Access Features at any time by:

• Disabling the feature in your account settings
• Removing workflows that depend on the feature
• Notifying Choiceform of your withdrawal

9.3 Termination by Choiceform

Choiceform may terminate your access to Early Access Features:

• At any time and for any reason
• Immediately upon breach of these EAP Terms
• If you violate confidentiality obligations
• If the feature is discontinued
• If your Terms of Service are terminated

9.4 Effect of Termination

Upon termination of access to an Early Access Feature:

(a) Access Ends: Your license to use the feature terminates immediately;

(b) Data Handling: You should export any critical data;

(c) Workflow Updates: Update workflows that depend on the feature;

(d) Continued Obligations: Confidentiality obligations survive termination;

(e) No Refund: No refunds or credits are provided (features are typically free).

9.5 Transition to GA

When an Early Access Feature becomes Generally Available:

• These EAP Terms no longer apply to that feature
• Standard Terms of Service apply
• Pricing may be introduced or changed
• You may need to explicitly enable the GA version
• Data migration is not guaranteed

10. Disclaimers and Limitations

10.1 Warranty Disclaimer

EARLY ACCESS FEATURES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND.

Choiceform DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING:

• MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT
• RELIABILITY OR AVAILABILITY
• ERROR-FREE OPERATION
• SECURITY
• DATA ACCURACY OR INTEGRITY

10.2 No Liability for Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

(a) Choiceform IS NOT LIABLE FOR ANY DAMAGES ARISING FROM EARLY ACCESS FEATURES;

(b) This includes:

• Data loss or corruption
• Workflow failures or errors
• Security breaches or vulnerabilities
• Integration failures
• Lost profits or business opportunities
• Indirect, incidental, or consequential damages

(c) The total liability for any claims related to Early Access Features shall not exceed $100 USD.

10.3 Assumption of Risk

You acknowledge and agree that:

• Use of Early Access Features is entirely at your own risk
• You are responsible for assessing suitability for your needs
• You should maintain backups and contingency plans
• Production use (if permitted) requires additional caution
• You may experience disruptions or data loss

11. Indemnification

You agree to indemnify and hold harmless Choiceform from any claims, damages, or costs arising from:

• Your use of Early Access Features
• Your violation of these EAP Terms
• Your violation of confidentiality obligations
• Content or data you process using Early Access Features
• Your violation of third-party rights

12. General Provisions

12.1 Entire Agreement

These EAP Terms, together with the Terms of Service and Privacy Policy, constitute the entire agreement regarding Early Access Features.

12.2 Severability

If any provision is found invalid or unenforceable, the remaining provisions remain in effect.

12.3 Assignment

You may not assign these EAP Terms without Choiceform's consent. Choiceform may assign freely.

12.4 Governing Law

These EAP Terms are governed by the same law as the Terms of Service.

12.5 Survival

The following provisions survive termination:

• Intellectual Property (Section 5)
• Confidentiality (Section 6)
• Disclaimers and Limitations (Section 10)
• Indemnification (Section 11)

12.6 Notices

Notices under these EAP Terms should be sent to:

• Email: support@choiceform.app
• Subject: "Early Access Program"

13. Participation Guidelines

13.1 Eligibility

Participation in Early Access programs may be limited to:

• Users with active Atomemo accounts
• Specific subscription tiers (e.g., Enterprise customers)
• Users in certain geographic regions
• Users meeting technical requirements
• Users who accept these EAP Terms

13.2 Selection Criteria

Choiceform may select participants based on:

• Account history and usage patterns
• Technical expertise
• Use case relevance
• Feedback quality
• Diversity of testing environments

13.3 Best Practices

To maximize the value of Early Access participation:

• Test Thoroughly: Try different scenarios and edge cases
• Provide Detailed Feedback: Include steps to reproduce issues
• Respect Confidentiality: Don't share outside authorized channels
• Stay Engaged: Participate in surveys and discussions
• Report Issues Promptly: Help identify problems early
• Use Responsibly: Don't abuse features or infrastructure

14. Contact Information

For questions about Early Access programs:

• Email: support@choiceform.app
• Subject: "Early Access Inquiry"
• Website: https://choiceform.app/early-access

For technical issues with Early Access Features:

• Use the support channels provided in the Early Access program communication
• Include "Early Access" in your support request title

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