We are Beta Acid (we call ourselves “us,” “we”, or “Beta Acid”), and this page explains our Rules for using our website, software services, and any other services we offer (our “Stuff”). If we need to change these Rules we will update this page. If you have any questions, send us an email at hi@betaacid.co.

These Rules are only about Beta Acid. Our clients or other third-parties will have their own set of rules, which you can ask them about.

THESE RULES INCLUDE A CLASS ACTION WAIVER AND AN ARBITRATION PROVISION. SEE SECTION 13 and 14 FOR MORE DETAILS.

1. ACCEPTING AND PLAYING BY THE RULES

If you use our Stuff then you agree to play by our Rules. By using our Stuff you are telling us that you are at least 18 years old (or your parents agree to your use of our Stuff), you use our Stuff in a location that does not restrict or prohibit it, and you are not breaking any laws by using our Stuff. If you do not agree to the Rules then do not use our Stuff.

Account Security. If you submit any information to us or have an online account with us, you promise to be honest and keep your information updated, that you will not do anything to jeopardize the security of that account, and if there is any unauthorized use of your account that you will tell us. If you are worried about the information you provide to us, we have a Privacy Policy at www.betaacid.co/privacy that also is part of these Rules.

Availability. Beta Acid is owned and operated in the United States and has clients around the world. If you use our Stuff outside of the U.S. you acknowledge that you may not be able to access all features and that you are responsible for your use and compliance with any local laws. Use of our Stuff is void where it is prohibited. We reserve the right to limit Stuff features to certain geographic areas.

2. BETA ACID CONTENTS AND OWNERSHIP

Our Stuff, and the information on our website, is owned or licensed by Beta Acid. For example, all images, illustrations, designs, photographs, video clips, text, icons, code, beta versions, license keys, streaming data, screens appearing on the website, names, logos, taglines, trade dress, trademarks are our Contents (the “Contents”). The Contents are protected by U.S. and foreign copyright, trademark, trade dress, or other proprietary right laws and international conventions. You may only display, download, or print the Contents so you can use our Stuff or as a personal or internal business resource. You may not use our trademarks or any meta tags or any other hidden text using a Beta Acid name, trademark, or product name without our prior written permission. These are your only rights to use the Contents. Only a duly authorized agent of Beta Acid may grant additional permissions.

3. FEEDBACK

If you provide us with comments, content, or other feedback about our Stuff (“Feedback”), you grant to Beta Acid all rights to the Feedback and you represent that the Feedback is not subject to any intellectual property claim by a third-party or any license terms. If this grant is not sufficient for us to fully use the Feedback, you grant us a license to use any of the Feedback.

4. LICENSE GRANT

Website License Grant. As a visitor to the website, you have a license to access and view information for your personal or internal business use. You do not have any right, title, or interest in the website, and you cannot do anything with the website that we do not expressly say you can do. You may not use the website for any commercial purpose (except when transacting business with Beta Acid), or for any unlawful purpose. Any illegal activities related to the website, or our Stuff, may subject you to legal action or termination of access.

**Security Features. **You are prohibited from violating or trying to violate the security features of the website. You agree not to interfere or try to interfere with the proper working of, or any activity being conducted on, the website. You can only use search agents that we make available to search the website. If you violate our system or network security, you may face civil or criminal liability. We may involve or cooperate with law enforcement authorities in prosecuting users who are involved in such violations.

5. SOFTWARE DEVELOPED FOR CLIENTS

Ownership. You may enter into an agreement with Beta Acid for the development of software (“Client Software”). If so, Beta Acid will create all work product under such agreement (“Work Product”) as work made for hire as defined in Section 101 of the Copyright Act of 1976. You will be the sole and exclusive owner of all right, title, and interest in and to all Work Product, including all intellectual property rights therein. To the extent any Work Product does not qualify as a work made for hire, Beta Acid will assign and transfer to you all right and interest in such Work Product and all intellectual property rights therein. All right, title, and interest in the Client Software, and any associated intellectual property rights or other rights will be owned by you.

End Users. If you are a Beta Acid client, you are solely responsible for the use of your Client Software. Beta Acid may provide support for Client Software, but you will remain solely responsible for its use and those who use it.

Materials License. You may provide us with materials for the development of your Client Software. If so, by providing these materials you grant to Beta Acid all rights necessary to use the materials to develop your Client Software. You will remain the sole and exclusive owner of the materials, including all intellectual property rights therein, subject only to the license granted in this paragraph.

6. SOFTWARE REQUIREMENTS

Software and Operating Systems. Using our Stuff might require you to download software or upgrades to your device or to have certain operating systems. Requirements may vary, and we cannot promise that our Stuff will be usable on all devices or in all countries. You are responsible for any third-party costs related to software downloads, operating systems, platform fees, internet use, or cellular data use.

Updates. Sometimes we make updates to our website or other Stuff and if we do so you may have to apply the updates before continuing to fully use that Stuff. You agree to remote updates.

7. UNSOLICITED SUBMISSIONS

Please do not send us, or any of our contractors, any unsolicited ideas, proposals, content or the like, related to software development, products, services, technologies, strategies, or other content (“Unsolicited Submissions”). We have a strict policy against accepting any Unsolicited Submissions sent to us. We do this to avoid potential misunderstandings or disputes when anything of ours seems similar to Unsolicited Submissions sent to us. If, despite what we ask, you still submit Unsolicited Submissions, then regardless of what your correspondence says, you agree that: (1) your Unsolicited Submissions and their contents will become the property of Beta Acid, without any compensation to you; (2) there is no obligation for Beta Acid to review or use the Unsolicited Submissions; (3) Beta Acid may use or redistribute the Unsolicited Submissions and their contents for any purpose; and (4) there is no obligation to keep any submissions confidential.

8. NOTIFICATION OF COPYRIGHT INFRINGEMENT

Beta Acid respects the intellectual property of others, and we ask that you do the same. If you believe that your intellectual property has infringed in connection with our Stuff, please email hi@betaacid.co with: (a) an electronic or physical signature of the person authorized to act on behalf of the intellectual property owner; (b) a description of the intellectual property you claim has been infringed; (c) a description of the material that you claim is infringing and where it is located on our Stuff; (d) your address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the use of the materials on our Stuff is not authorized by the owner, its agent, or the law; and (f) a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the intellectual property owner or authorized to act on the owner’s behalf. Note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. If you are unsure whether the material available online infringes your copyright, we suggest that you contact an attorney before sending us a notice.

9. ELECTRONIC COMMUNICATIONS CONSENT

By using our website or our Stuff, you agree to Beta Acid communicating with you electronically for any reason. You are responsible for your ability to electronically communicate and for keeping your own records. If you need help or would like to withdraw consent for electronic communications then email us at hi@betaacid.co. Note that federal law treats electronic signatures as having the same legal force and effect as if they were signed on paper by hand, and online contracts have the same legal force as signing an equivalent paper contract in ink.

10. DISCLAIMER OF WARRANTIES

YOUR USE OF OUR WEBSITE OR OUR STUFF IS AT YOUR OWN RISK AND YOUR OWN COSTS. OUR STUFF IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. BETA ACID DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED. YOU WILL BEAR SOLE RESPONSIBILITY FOR ANY DAMAGE CAUSED TO BETA ACID OR ANYONE ELSE AS A RESULT OF YOUR USE OF OUR STUFF IN VIOLATION OF LAW OR OF YOUR OBLIGATIONS AS STIPULATED IN THESE RULES.

11. INDEMNIFICATION

YOU AGREE TO INDEMNIFY AND HOLD BETA ACID, OUR SUBSIDIARIES AND OUR AFFILIATES, AND THEIR RESPECTIVE MEMBERS, DIRECTORS, SHAREHOLDERS, OFFICERS, AGENTS, PARTNERS AND EMPLOYEES, HARMLESS FROM ANY LOSS, LIABILITY, COST, EXPENSE, CLAIM, DAMAGES, OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES, DUE OR RELATING TO OR ARISING OUT OF (1) YOUR USE OF OUR STUFF IN VIOLATION OF THESE RULES, (2) YOUR BREACH OF THESE RULES, OR (3) ANY BREACH OF YOUR REPRESENTATIONS AND WARRANTIES SET FORTH IN THESE RULES.

12. LIMITED LIABILITY

IN NO EVENT AND UNDER NO LEGAL THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, UNLESS REQUIRED BY APPLICABLE LAW (SUCH AS DELIBERATE AND GROSSLY NEGLIGENT ACTS) OR AGREED TO IN WRITING, SHALL ANY BETA ACID BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER ARISING AS A RESULT OF THESE RULES OR OUT OF THE USE OR INABILITY TO USE OUR STUFF OR CLIENT SOFTWARE (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES), EVEN IF BETA ACID HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY AMOUNTS EXCEED THE AGGREGATE OF THE TOTAL OF THE AMOUNT YOU PAID FOR THE SPECIFIC SERVICE GIVING RISE TO SUCH LIABILITY OR, IF NO AMOUNT WAS PAID, ONE HUNDRED DOLLARS ($100).

13. CLASS ACTION WAIVER

YOU HEREBY WAIVE ANY RIGHT TO COMMENCE OR PARTICIPATE IN ANY CLASS ACTION LAWSUIT AGAINST BETA ACID RELATED TO ANY CLAIM, DISPUTE OR CONTROVERSY, AND, WHERE APPLICABLE, YOU HEREBY AGREE TO OPT OUT OF ANY CLASS PROCEEDING AGAINST BETA ACID OTHERWISE COMMENCED ON OR AFTER THE EFFECTIVE DATE OF THESE RULES.

14. ARBITRATION AGREEMENT

This section is important as it affects rights that you may otherwise have, so read it carefully. Resolution of most disputes will be through arbitration instead of court trials and class actions. YOU AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION. Any controversy or claim between you and Beta Acid shall be resolved exclusively by a binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, with the arbitration to be held in Kings County, State of New York, USA. The arbitration shall be governed by the Federal Arbitration Act and by the internal laws of the State of New York, without regard to conflicts of laws principles. Claims shall be heard by a single arbitrator. The parties may choose for themselves whether to appear in person, by phone, or through the submission of documents. The prevailing party shall be entitled to an award of reasonable attorneys’ fees. In arbitration, the parties give up their right to have their Claim decided by a judge or jury, and their Claim is instead decided by an arbitrator. Discovery rights and appellate rights in arbitration are more limited than in court. The arbitrator shall issue a reasoned award in writing, including all findings of fact and law upon which the award was made. If this section is found to be invalid, illegal, or unenforceable, the Claim must be adjudicated by a court and not by an arbitrator.

15. GOVERNING LAW

IF ANY CLAIM IS NOT SUBJECT TO ARBITRATION, YOU CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION AND VENUE IN THE STATE AND FEDERAL COURTS OF KINGS COUNTY, NEW YORK.

16. TERMINATION

We may terminate these Rules at any time without notice to you if: (1) we are unable to verify any information you provide; (2) you breach these Rules or any other agreement with us; (3) your actions infringe our rights or any third-party rights; or (4) we become aware of conduct by you that we think violates acceptable use under these Rules. If we terminate, that does not waive our other rights or remedies, all of which expressly survive termination. You will not be entitled to receive any refund for a termination pursuant to this section. You may terminate these Rules by stopping your use of our Stuff.

17. GENERAL RULES

These Rules do not create any joint venture, partnership, employment, or agency relationship between you and Beta Acid. We are considered independent contractors. You may not assign, delegate, or transfer these Rules or your related rights or obligations without prior written consent from Beta Acid. We may transfer, assign, or delegate these Rules and our rights and obligations without your consent. These Rules constitute the entire agreement between you and us. If any section of these Rules is held by a court to be contrary to law, invalid, or unenforceable, the section shall be modified by the court and interpreted so as to best accomplish the original objective, or served only if necessary, and the remaining section of these Rules will remain in effect. If we do not enforce any part of these Rules it will not be deemed a waiver of any section of the Rules.