Spectacles Beta Service Terms

These Spectacles Beta Service Terms (these “Beta Terms”) supplement the Spectacles SaaS Agreement or the Terms of Service (each, respectively and as applicable, the “Agreement”) between you and Specs, Inc., (“Spectacles”) and apply to and govern your access and use of certain features, technologies, and services made available to you by Spectacles that are not yet generally available, including, but not limited to, any products, services, or features designated or labeled as “alpha,” “beta,” “early access,” “preview,” “pilot,” “trial,” “non-production,” or similar designation (each, a “Beta Service”). Defined terms used herein and not otherwise defined have the meanings set forth in the applicable Agreement.

IN ORDER TO ACCESS AND/OR USE ANY BETA SERVICE, YOU MUST ACCEPT THESE BETA TERMS. IF YOU DO NOT AGREE TO THESE BETA TERMS, DO NOT ACCESS ANY BETA SERVICE.

Subject to your acceptance of these Beta Terms, Spectacles may make a Beta Service available to you pursuant to the terms set forth herein. In order to access the Beta Service, you may be required to accept additional terms and conditions applicable to the specific Beta Service and/or acknowledge acceptance of these Beta Terms. You must comply with all terms related to any Beta Service that Spectacles posts through or on the Service or otherwise provides to you. Spectacles may add or modify terms, including lowering or raising any usage limits, related to access to or use of any Beta Service at any time. Service Level Agreements do not apply to Beta Services. You may provide Spectacles with feedback relating to the Beta Services. Spectacles will own and may use and evaluate all feedback for its own purposes. Spectacles may suspend or terminate your access to or use of any Beta Service at any time. Your access to and use of any Beta Service will automatically terminate upon the release of a generally available version of the applicable Beta Service, or upon your purchase of any such Services (to the extent purchase is available), or upon notice of termination by Spectacles. You agree that, as between you and Spectacles, Spectacles owns all legal rights, title and interest in and to all Beta Services, including all intellectual property rights, and except for the permissions granted herein, no other rights or permissions to the Beta Service is granted.

LIMIT ON LIABILITY.  IN NO EVENT SHALL SPECTACLES OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL LOSS, EXEMPLARY OR OTHER DAMAGES RELATED TO THESE BETA TERMS WHETHER DIRECT OR INDIRECT, 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 SPECTACLES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, SPECTACLE’S SHALL HAVE NO LIABILITY FOR ANY BETA SERVICE. SOME JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

DISCLAIMER OF WARRANTIES. YOU HEREBY ACKNOWLEDGE AND AGREE THAT ANY BETA SERVICE IS PROVIDED BY SPECTACLES ON AN “AS IS” BASIS AND AS AVAILABLE. WITHOUT LIMITING ANY DISCLAIMERS IN THESE BETA SERVICE TERMS, BETA SERVICES ARE NOT READY FOR GENERAL COMMERCIAL RELEASE, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE AGREEMENT, SPECTACLES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE REGARDING BETA SERVICES, INCLUDING ANY WARRANTY THAT THE BETA SERVICES WILL BECOME GENERALLY AVAILABLE. SPECTACLES IS UNDER NO OBLIGATION TO RETAIN ANY CUSTOMER DATA PROVIDED TO, THROUGH, OR IN CONNECTION WITH ANY BETA SERVICES. SPECTACLES MAY NOT BE ABLE TO TRANSFER ANY CUSTOMER DATA PROVIDED TO, THROUGH, OR IN CONNECTION WITH BETA SERVICES TO PURCHASED SERVICES. THEREFORE, CUSTOMER SHOULD DOWNLOAD OR OTHERWISE SAVE ON ITS OWN SYSTEMS ANY SUCH CUSTOMER DATA BEFORE THE END OF A BETA SERVICE. ANY OBLIGATIONS UNDER THE DATA PROCESSING AGREEMENT FOR SPECTACLES TO RETAIN CUSTOMER DATA SHALL NOT APPLY. EXCEPT TO THE EXTENT PROHIBITED BY LAW, SPECTACLES DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.