WATTSS Beta Test Agreement

1. Agreement and acceptance

This Beta Test Agreement ("Beta Agreement") is between Ontheside, Inc., a Delaware corporation with its principal place of business at 703 Pier Ave., Ste. B226, Hermosa Beach, CA 90254 ("Ontheside," "we," "us") and you, the person accepting it (and the organization you represent, if any). You accept it by checking the acceptance box when you create your WATTSS account.

This Beta Agreement adds to the WATTSS End User License Agreement ("EULA"). Capitalized terms not defined here have the meaning given in the EULA. During the beta, if the two conflict, this Beta Agreement controls.

2. What the beta is

The Service you are testing is pre-release software. It is incomplete and will contain defects. Features may be added, changed, removed or reset without notice.

• No fee. Beta access is free. We may introduce paid plans after the beta; you will not be charged without separate agreement.
• No obligation to release. Ontheside may change, suspend or end the beta, or decide not to release the Service, at any time.
• Invitation only. Beta access is personal to you and the Organization we approved. Do not share your login or invite others without our permission, except Project members the Service lets you invite.
• Updates. You agree to accept updates to the app, which may be required to keep using it.

3. Do not rely on the beta

You agree that the beta is for evaluation and that you will not rely on it as your only or authoritative record or tool.

• Professional decisions. Measurements, takeoffs, calibrations, markups, exports, RFIs, field reports and other outputs may be wrong, incomplete or lost. You will independently verify anything you use for design, engineering, construction, safety, procurement, billing or contractual purposes. You are solely responsible for those decisions.
• Data loss. Customer Content may be lost, corrupted, altered or become unavailable, including during updates, data migrations or the end of the beta. You will keep your own copies of anything you need, outside the Service.
• Sync and offline. Edits made offline or by several people at once may not synchronize as expected.
• Sensitive material. Do not upload material that you are not permitted to share with a pre-release service, or that is subject to special legal protection (for example, classified, export-controlled or regulated personal data), unless we agree in writing.

4. Confidentiality

The beta, and everything you learn about it that is not public, is Ontheside's confidential information. That includes features, designs, screens, performance, defects, pricing, roadmaps and our communications with you.

• You will use it only to take part in the beta, and not disclose it to anyone except colleagues in your Organization who need to know and are bound by similar obligations.
• You will not post, publish, stream or share screenshots, recordings or descriptions of the beta, or write reviews of it, without our written permission.
• These duties do not cover information that is or becomes public through no fault of yours, that you already lawfully had, or that you developed independently. You may disclose information when the law requires it, after giving us notice where lawful.
• Your own Customer Content is not Ontheside's confidential information.

These obligations continue for 2 years after the beta ends, or until we publicly release the relevant information, whichever comes first.

5. Feedback

We welcome bug reports, suggestions and other Feedback, though you are not required to give it. You grant Ontheside a perpetual, irrevocable, worldwide, royalty-free license to use, modify and incorporate Feedback into any product or service, without payment, attribution or other obligation to you. Feedback does not include your Customer Content.

We may contact you about your use of the beta, for example to ask about a problem you reported. You can opt out of non-essential contact at any time.

6. As-is, assumption of risk and release

As is. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE BETA IS PROVIDED "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, OR THAT IT WILL BE ERROR-FREE, SECURE OR UNINTERRUPTED.

Assumption of risk. You understand the risks described in section 3 and voluntarily take part in the beta, assuming those risks.

Release. To the maximum extent permitted by law, you release Ontheside, Inc., WATTSS, and their officers, directors, employees, contractors and agents from all claims, losses and damages arising from your participation in the beta, including loss or corruption of data, errors in measurements or outputs, and decisions made in reliance on the beta.

California Civil Code section 1542. You waive the benefit of California Civil Code section 1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

Limitation of liability. To the maximum extent permitted by law, Ontheside's total liability arising from the beta will not exceed US $100, and Ontheside will not be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, data, or construction delay or rework costs.

Limits of this release. Under California law (including Civil Code section 1668), this release and these limits do not apply to liability for fraud, willful injury, gross negligence, or violation of law, or any other liability that cannot be waived or limited.

7. Term, end of the beta and general terms

Term. This Beta Agreement runs from your acceptance until the beta ends or your participation ends, whichever is first. Either party may end your participation at any time, for any reason, by notice (for you, by closing your Account or telling us at support@wattss.io).

Your data when the beta ends. We will give at least 30 days' notice before the beta ends or before any planned deletion of beta data, so you can export what you need. After the beta, Customer Content may carry over into the released Service or be deleted, as we will describe in that notice.

Survival. Sections 3, 4, 5, 6 and 7 survive the end of this Beta Agreement.

Governing law and venue. This Beta Agreement is governed by the laws of the United States and the State of California, without reference to conflict-of-laws principles. In the event of a dispute or legal action between the parties, each party waives any objection to personal jurisdiction, and agrees to service of process and venue in the United States District Court for the Central District of California or the Superior Court of California for the County of Los Angeles. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

General. This Beta Agreement and the EULA are the entire agreement about the beta. If a provision is unenforceable, the rest remains in effect. We may update this Beta Agreement with notice and may ask you to accept the new version to keep using the beta.