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Lumify Beta Program Agreement

Effective Date: November 5, 2025

This Beta Program Agreement ("Agreement") is entered into between Lumify, Inc. ("Lumify," "we," "our") and the customer accepting these terms ("Customer," "you"). By accessing or using any Lumify beta, preview, early-access, or experimental features (the "Beta Services"), you agree to be bound by this Agreement.

We are grateful for your interest in helping improve Lumify. Your participation and feedback are valuable and help shape the future of our platform. At the same time, the Beta Services are still in development, and this Agreement explains how we can safely make them available for testing.

1. Beta Services

1.1 Purpose of Beta

The Beta Services are provided solely for evaluation and feedback. We genuinely appreciate your insights during this early stage as they help us refine the product experience.

1.2 Non-Production Use

Unless otherwise authorized in writing by Lumify, the Beta Services are not intended for production use and may contain bugs, errors, or incomplete features.

1.3 No Guarantee of Availability or Release

The Beta Services may be changed, suspended, or discontinued at any time, with or without notice. Lumify makes no commitment to release the Beta Services commercially or maintain any particular functionality.

1.4 No Commitment to Future Pricing, Tiers, or Access

Participation in the Beta Program does not guarantee access to the Lumify platform in the future, nor does it entitle Customer to any specific pricing, packaging, plan, usage limits, service levels, or functionality after the Beta concludes.

Lumify may modify pricing, create new tiers, retire existing tiers, require transition to paid plans, or discontinue access entirely at any time and for any reason. Beta participation does not grant preferential or grandfathered pricing.

We are thankful for your early participation, but this gratitude does not create any binding commitments regarding future commercial terms.

2. Access Rights

2.1 Limited License

Lumify grants Customer a revocable, non-exclusive, non-transferable, limited right to use the Beta Services solely for internal evaluation.

2.2 Restrictions

Customer shall not:

  • (a) use the Beta Services for competitive analysis or benchmarking,
  • (b) reverse-engineer or attempt to derive source code,
  • (c) bypass usage limits, or
  • (d) share access with third parties without written consent.

3. Feedback

3.1 Voluntary Feedback

We welcome your ideas, suggestions, and bug reports ("Feedback"). Your participation helps us improve Lumify for everyone.

3.2 License to Feedback

By providing Feedback, Customer grants Lumify a perpetual, irrevocable, royalty-free license to use it for any purpose. Lumify is not obligated to implement or respond to any Feedback.

4. Data & Privacy

4.1 Test Data Only

Customer agrees to use non-sensitive, non-production, non-PII data unless explicitly permitted otherwise in writing.

4.2 Data Loss Risk

The Beta Services may not include full data durability or backup mechanisms. Data may be lost, corrupted, or inaccessible, and Lumify assumes no liability for resulting damages.

4.3 Privacy

To the extent customer data is processed, Lumify will handle it consistent with its standard Privacy Policy. Beta Services may not meet the same security, reliability, or compliance standards as production systems.

5. Security

5.1 Lumify uses commercially reasonable efforts to secure the Beta Services, but they may not have undergone full security hardening, penetration testing, or audit certification.

5.2 Customer agrees not to perform any security testing (including penetration tests or scans) without written authorization.

6. Support

6.1 Optional Support Only

While we strive to support our beta testers, Lumify has no obligation to provide support, updates, patches, or fixes.

6.2

Any support offered is voluntary and may be modified or discontinued at any time.

7. Confidentiality

7.1 All Beta Services, documentation, and communications are considered Lumify Confidential Information.

7.2 Customer agrees not to disclose, publish, or share any such information without Lumify's written consent.

8. Intellectual Property

Lumify retains all rights, title, and interest in the Beta Services and all related intellectual property. No rights are granted except as expressly provided.

9. Disclaimer of Warranties

THE BETA SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.

LUMIFY DISCLAIMS ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

10. Limitation of Liability

10.1 Exclusion of Damages

LUMIFY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

10.2 Liability Cap

LUMIFY'S TOTAL LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

10.3 Non-Excludable Claims

Nothing in this Agreement limits liability to the extent it cannot be limited under applicable law.

11. Term & Termination

11.1 Term

This Agreement remains in effect until Customer ceases use of the Beta Services or Lumify terminates the Beta Program.

11.2 Termination by Lumify

Lumify may terminate Customer's access to the Beta Services at any time and for any reason, including for convenience, without notice.

11.3 Post-Termination

Upon termination:

  • (a) Customer must stop using the Beta Services,
  • (b) Customer must delete Lumify Confidential Information, and
  • (c) Lumify may delete or restrict access to Customer data, with no obligation to migrate or retain it.

12. Governing Law

This Agreement is governed by the laws of the State of California, without regard to conflict-of-law principles.

13. Entire Agreement

This Agreement constitutes the entire agreement between the parties regarding the Beta Services and supersedes all prior or contemporaneous communications related to them.

ACCEPTANCE

By using the Beta Services, Customer acknowledges and agrees to the terms of this Agreement. Lumify sincerely appreciates your participation and your contributions to the early development of our platform.

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