Beta Test Terms

These Beta Test Terms (“Beta Terms”) govern participation in the closed beta test of the WordPress plugin EZZE WCAG Pro and related optional cloud and AI features between

Patrick Helms
Neue Heimat 20
15848 Beeskow
Germany
Email: support@ezze-wcag-pro.com
Website: https://ezze-wcag-pro.com
– hereinafter the “Provider” –

and the natural or legal person accepting or using the beta test, or on whose behalf the beta test is used
– hereinafter the “Tester” –.

These Beta Terms supplement the general Terms of Use, the Privacy Policy, the Confidentiality Notice for the Closed Beta Test, and, where applicable, the Data Processing Addendum / DPA of the Provider. In the event of a conflict, these Beta Terms prevail with respect to the beta test.

1. Subject Matter of the Beta Test

  1. The Provider makes available a preview, test, pre-release, beta, or other not yet finally released version of EZZE WCAG Pro and/or individual features.
  2. The beta test may include local plugin functions, optional cloud features, AI features, proxy services, tests, translations, analyses, and experimental functions.
  3. The beta test is intended for evaluation, bug detection, quality assurance, further development, and collection of feedback regarding features that are not yet finally released.

2. Nature of the Beta Version

  1. The beta version is a pre-release product and may contain bugs, security vulnerabilities, malfunctions, incomplete features, unstable behavior, or changed results.
  2. No representation is made regarding any specific availability, error-free operation, compatibility, or continuity of functions.
  3. Features may be changed, restricted, disabled, replaced, or discontinued at any time.
  4. The Provider is under no obligation to include any beta feature in a final release.

3. Eligibility and Permitted Use

  1. The closed beta test is generally intended for companies, agencies, freelancers, and other professional testers. Participation by other persons is permitted only if expressly authorized by the Provider.
  2. The Tester may use the beta version only within the intended beta-testing purpose designated by the Provider.
  3. The Tester is responsible for ensuring that it is authorized to participate and, if acting for a third party, has authority to bind that party.
  4. The Tester must not misuse the beta version, including by circumventing technical limitations, conducting excessive automated access, disrupting services, or using the beta version for unlawful purposes.
  5. The beta version is not intended for mission-critical or security-sensitive production use. Wherever reasonably possible, the Tester should not rely exclusively on beta versions in live production environments where failures or malfunctions may cause substantial harm.

4. Content, URLs, Images, and Tester Responsibility

  1. The Tester is solely responsible for ensuring that it is authorized to use, submit, and process any content, images, image URLs, page URLs, metadata, texts, analytical content, and other data provided by the Tester.
  2. The Tester shall ensure that its use does not infringe third-party rights, violate applicable law, or breach contractual obligations.
  3. The Tester must not submit any content where processing would be unlawful, including content for which the Tester lacks necessary rights or a valid legal basis.

5. Confidentiality and Beta Status

  1. The beta test is non-public and confidential. The Tester shall treat non-public information regarding the beta version, its operation, documentation, pricing, roadmap, bugs, screenshots, and other internal information as confidential.
  2. The separate Confidentiality Notice for the Closed Beta Test applies in addition.
  3. Public statements, reviews, or publications regarding non-public beta features should only be made with the Provider’s prior consent.
  4. Mandatory legal disclosure obligations remain unaffected.

6. Feedback

  1. The Tester may voluntarily provide feedback, bug reports, improvement suggestions, ideas, reviews, test reports, or other comments (“Feedback”) to the Provider.
  2. The Provider may use such Feedback free of charge, worldwide, and without time limitation for analysis, bug fixing, further development, documentation, and product improvement.
  3. Mandatory legal rights, including personality rights and non-waivable protections, remain unaffected where required by law.

7. Privacy and Data Processing

  1. Information on the processing of personal data in connection with the beta test is set out in the Provider’s Privacy Policy.
  2. To the extent the Provider processes personal data on behalf of a customer in connection with optional cloud or AI features, the Data Processing Addendum / DPA applies in addition.
  3. Compared to the final product version, the beta test may involve additional technical logging, error analysis, diagnostics, or support-related evaluation where necessary for operation, troubleshooting, security, and improvement of the beta test and where permitted under applicable data protection law.
  4. The Tester confirms that it has read the relevant privacy information.

8. Support, Maintenance, and Changes

  1. No claim exists for any specific support, response time, bug fix, update, or compatibility commitment with respect to beta versions.
  2. Bugs, technical issues, or potential security vulnerabilities should be reported without undue delay to support@ezze-wcag-pro.com.
  3. The Provider may, at its discretion, provide notices, support, hotfixes, documentation, or updates.
  4. The Provider may modify, suspend, or discontinue the beta test or individual beta features at any time, unless mandatory law provides otherwise.

9. Availability and Backups

  1. The beta version is provided according to its current development status. Interruptions, outages, data loss, or changed results may occur.
  2. The Tester remains responsible for implementing appropriate backup and safeguarding measures within its own environment where required for its use case.

10. Warranty and Liability

  1. To the extent permitted by law, the beta version is provided without any special warranty as to quality, availability, or fitness for a particular purpose.
  2. The Provider shall be liable without limitation in cases of intent, gross negligence, injury to life, body, or health, and in any other case of mandatory statutory liability.
  3. In the event of slight negligence and breach of an essential contractual obligation, liability is limited to the typical foreseeable damage. Otherwise, liability for slight negligence is excluded to the extent permitted by law.
  4. Mandatory consumer rights remain unaffected.
  5. Where the beta version is provided free of charge, limitations of liability apply only to the extent permitted by law.

11. Duration, Suspension, and Termination

  1. The Provider may terminate participation in the beta test, suspend access, or limit access at any time, in whole or in part, including for security reasons, misuse, technical reasons, discontinuation of the beta program, or breach of these Beta Terms.
  2. The Tester may stop participating in the beta test at any time by ceasing use, deactivating, or uninstalling the beta version.
  3. Upon termination of the beta test, the Provider may block or disable access to beta features, beta licenses, test accounts, test data, or related cloud services.

12. Mandatory Law

  1. These Beta Terms apply only to the extent they do not conflict with mandatory law.
  2. Mandatory consumer rights under applicable consumer and digital content law remain unaffected.
  3. Where digital content or digital services are supplied to consumers, statutory protections may also apply where no monetary price is paid but personal data or another form of counter-performance is provided.

13. Governing Law

These Beta Terms are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods, unless mandatory consumer protection law provides otherwise.

14. Acceptance

By checking the corresponding box, activating a beta feature, or otherwise using a version marked as beta, the Tester confirms that it has read and accepts these Beta Terms.

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