Midio Beta Terms
Thank you for participating in the Midio Beta Program. These Midio Beta Program Terms (“Terms”) apply to and govern your participation in any or all public or private beta programs (“Beta Program”) and use of Midio’s Beta Services (“Beta Services”). To participate in a Beta Program or use Beta Services, you must agree to these Terms.
Eligibility and Participation
By accessing or using the Midio AS' Beta Service, you acknowledge that you have read, understood, and agree to be bound by and comply with the Terms. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms. You also agree to use the Beta Service in accordance with Midio's documentation, instructions, and Privacy Policy for the duration of these Terms. Such documentation, instructions, and Privacy Policy is incorporated by reference and will control for any provisions not addressed in these Terms. If you are no longer a user of Midio, your use of all Beta Services will be terminated.
Beta Services
“Beta Services” means a Service, or a feature of a Service, that is designated or presented to the user as alpha, beta, experimental, pilot, limited release, in development, developer preview, early access, non-production, evaluation, such that it is provided prior to general commercial release (and can have the designation “Beta”). You hereby agree to these terms if you are accessing our Beta Services. By accepting these Terms or using the Beta Services, you understand and acknowledge that the Beta Services are provided on an “As Is” or “As Available” basis. The Beta Services may contain bugs, errors, and other problems. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR USE OF THE BETA SERVICES, INCLUDING, WITHOUT LIMITATION, ANY INTERNET ACCESS FEES, BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF YOUR DEVICE AND PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION, OR DATA. In addition, we are not obligated to provide any maintenance, technical, or other support for the Beta Services.
Subject to these Terms, Midio grants you a temporary and limited, non-exclusive, non-transferable, revocable license to access and use the Beta Services solely for the purposes of evaluating and providing feedback on the Beta Services, in accordance with these Terms and any documentation and instructions provided by Midio.
Midio reserves the right to offer Beta Services for free or charge fees to access and use the Beta Services.
Feedback
The Beta Services are made available to you for the purposes of evaluation and feedback without any compensation or reimbursement of any kind from Midio (“Feedback”). You acknowledge the importance of communication between you and Midio during your use of the Beta Services and agree to receive related correspondence and updates from us with regard to the Beta Services. If you request to opt-out from such communications, Midio reserves the right to terminate your participation in the Beta Program, and your use of the applicable Beta Services will likewise be discontinued. As part of using the Beta Services, you will be asked to provide feedback regarding your use of the Beta Services. You acknowledge that Midio owns all feedback, suggestions, enhancement requests, recommendations, or other information provided by you relating to the Beta Services, and you hereby grant to us, if for any reason it is further needed, a perpetual, non-revocable, royalty-free worldwide license to use and/or incorporate such feedback into any of our products or services at any time at our sole discretion. If we choose to publish such feedback, we will either do so in a way that does not identify you or seek your consent if we wish to identify you. We may also monitor how you use the Beta Services and use that information to improve the Beta Services or our other products and services.
Intellectual Property
Midio retains all right, title, and interest, including all intellectual property rights, in and to the Beta Services and any updates, upgrades, modifications, or enhancements to the Beta Services made by Midio. As described above, the feedback provided by you or by your usage of the Beta Service and enhancements to the Beta Services made by Midio based on such feedback, shall be the sole property of Midio. You acknowledge that you do not acquire any rights, express or implied, in the Beta Services, as well the feedback provided.
You are strictly prohibited to (i) copy, modify, or create derivative works based on the Beta Services; (ii) Distribute, transfer, sublicense, lease, lend, or rent the Beta Services to any third party; (iii) Reverse engineer, decompile, or disassemble the Beta Services, or otherwise attempt to decipher any code in connection with the Beta Services and/or any other aspect of Midio technology; (iv) Make the functionality of the Beta Services available to multiple users through any means, including without limitation by uploading the Beta Services to a network or file-sharing service or through any hosting, application services provider, service bureau, software-as-a-service, or any other type of services.
Modification and Termination
Midio reserves the right to modify or terminate the Beta Program or the Beta Services, or your use of the Beta Services, to limit or deny access to the Beta Services and/or participation in the Beta Program, at any time, at our sole discretion, for any reason, with or without notice and without liability to you. You understand and agree that if you use the Beta Services after the date on which the Terms have changed, we will treat your use as acceptance of the updated Terms. These Terms will remain in effect for as long as you use the Beta Services until general release (General Availability or “GA”) to the public. Upon GA your right to access the Beta Services will cease immediately, unless otherwise agreed in writing by Midio. If you wish to continue accessing the service after the Beta Program's conclusion, you must accept the standard terms and conditions for the service and pay any applicable fees.
These Terms will automatically terminate upon any breach by you of any of your obligations hereunder including breach of confidentiality obligations. Your breach of any of your obligations under the Agreement may result in your immediate termination from use of other Beta Services, or use of Midio Services.
Disclaimer of Warranties
YOU HEREBY ACKNOWLEDGE AND AGREE THAT THE BETA SERVICES ARE PROVIDED BY MIDIO ON AN “AS IS” BASIS AND AS AVAILABLE, AND YOUR ACCESS TO, PARTICIPATION, AND/OR USE OF THE MIDIO BETA PROGRAM OR BETA SERVICES, IS AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, MIDIO EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. MIDIO MAKES NO WARRANTY THAT ANY OF THE SERVICES WILL MEET YOUR REQUIREMENTS AND/OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE, NOR DOES MIDIO MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR THE ACCURACY OF ANY OTHER INFORMATION OBTAINED THROUGH THE SERVICES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ANY OF THE SERVICES IS DONE AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM AND/OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MIDIO OR THROUGH THE BETA SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability and Indemnification
IN NO EVENT SHALL MIDIO BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, AND/OR INCIDENTAL LOSS, EXEMPLARY OR OTHER DAMAGES RELATED TO THESE TERMS AND/OR WHETHER DIRECT OR INDIRECT:(i) LOSS OF DATA, (ii) LOSS OF INCOME, (iii) LOSS OF OPPORTUNITY, (iv) LOST PROFITS, AND (v) COSTS OF RECOVERY OR ANY OTHER DAMAGES, HOWEVER CAUSED AND BASED ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), VIOLATION OF STATUTE, OR OTHERWISE, AND WHETHER OR NOT MIDIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, MIDIO’S MAXIMUM LIABILITY HEREUNDER IS LIMITED TO $50.00. You agree to hold harmless and indemnify Midio, officers, directors, agents, and employees from and against any third-party claim arising from or in any way related to (i) your breach of the Terms, (ii) your use of the Beta Services and/or your participation in the Beta Program(s), or (iii) your violation of applicable laws, rules, or regulations in connection with the Services.
Indemnification of Third-Party Intellectual Property Rights
You agree to indemnify, defend, and hold harmless Midio, its affiliates, and their respective directors, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and court costs) arising from or related to:
- Third-Party IPR Claims: Any claim alleging that your use of the Beta Services, or any part thereof, infringes, misappropriates, or otherwise violates any intellectual property right, privacy right, or other right of any third party.
- Content and Data: Any claim related to your content or data, including claims that your content or data infringes or misappropriates any intellectual property rights or otherwise violates any rights of any third party.
Disclaimer of Responsibility and Liability for User Data and Third-Party Integrations
You acknowledge and agree that all data, content, and materials you upload, transmit, or otherwise make available through the Beta Service (“User Data”) are your sole responsibility, and you are solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of all User Data. If you choose to integrate any third-party services, applications, or tools (“Third-Party Services”) with the Beta Service, you do so at your own risk, and any such integration and all resulting interactions are solely your responsibility. Midio is not responsible for, and disclaims any liability arising from, any Third-Party Services, their performance, availability, or interactions with the Beta Service. You agree to assume full responsibility and liability for any damages or losses arising from your User Data or the use thereof, any damages or losses resulting from the integration of, access to, or use of any Third-Party Services with the Beta Service, and ensuring that your use of the Beta Service, including any User Data and Third-Party Services, complies with all applicable laws, regulations, and third-party rights, including but not limited to intellectual property rights and privacy rights. You agree to indemnify, defend, and hold harmless Midio, its affiliates, and their respective directors, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and court costs) arising from or related to your User Data, your use of the Beta Service, your integration of, access to, or use of any Third-Party Services with the Beta Service, and your violation of any third-party rights, including but not limited to intellectual property rights and privacy rights. By using the Beta Service and integrating any Third-Party Services, you acknowledge and agree to the responsibilities and liabilities set forth in this disclaimer.
Confidential Information
“Confidential Information” means all non-public information disclosed by Midio to you via access to the Beta Service or otherwise, whether in oral, written, or electronic form, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Confidential Information includes, but is not limited to, the Beta Services, documentation, your feedback, business plans, product plans, customer data, pricing, marketing, and other business information. You acknowledge and agree that:
- The Beta Program and Beta Services constitute Confidential Information.
- The successful market launch of commercial versions of the Beta Services requires you to keep all Midio data and information discussed and/or made available through or contained in the Beta Program, including, without limitation, the Beta Services, strictly confidential.
- The premature release of any of the Confidential Information would damage Midio’s competitive and intellectual property interests.
- Information about the Beta Services shall not be shared with anyone other than other authorized users of the Beta Services.
Compliance with Laws
You agree to comply with all applicable local, state, national, and foreign laws, rules, and regulations, including, but not limited to, all applicable import and export laws and regulations governing use, transmission, and/or communication of content, in connection with your performance, participation, access, and/or use of the Beta Services or Beta Program. These Beta Terms are governed by Norwegian law and are subject to the jurisdiction of the Oslo District Court.