Beta Testing Terms of Service

These are the Company Terms and Conditions of Use (‘Terms’) which form a legal and binding agreement amongst Cashgrail Private Limited (referred to as the ‘Company’, ‘Zupee’, ‘Us’, ‘We’ or ‘Our’) and any person (‘You’/ ‘Your’/ ‘User’) accessing:

(i) Our website – www.zupee.in (‘Website’) and the Zupee mobile application (‘App’) including any sub-domains of the Website, or related top-level domains including www.zupee.in, mobile sites, apps, APIs, widgets (hereinafter collectively referred as ‘the Platform’), and/or;

(ii) any data, information, text, graphics, video, sound, pictures, and any other materials appearing, sent, uploaded, communicated, transmitted, or otherwise made available via the Platform (jointly referred to as the ‘Content’) for participating in various contests and games hosted on the Platform (‘ Services’ / ‘Games’).

Cashgrail has developed a “Game” application, including modifications, enhancements, improvements, updates, additions, derivative works, documentation and related material (“Game”).

Cashgrail desires that the “Game” be tested prior to general release.

User wishes to serve as a Beta tester for such “Game”;

NOW, THEREFORE, in consideration of the mutual covenants and premises herein contained, the parties hereto agree as follows:

  1. Cashgrail reserves the right to modify or terminate the “Game” or your access to the “Game” or the participation in our beta testers programme for any reason, without notice, at any time, and without liability to you.
  2. Cashgrail grants to User a non-exclusive, non-transferable license to use the “Game” on a single device at User’s location solely for Beta testing and Beta use from effective date of agreement to 45 days after official release date of the products(s), subject to the term and conditions below.
  3. In consideration for receiving a copy of the “Game” for testing, User agrees to serve as a “Beta Tester” for the “Game” and will notify Cashgrail of all problems and ideas for enhancements which come to User’s attention during the period of this Agreement, and hereby assigns to Cashgrail all right, title and interest to such enhancements and all property rights therein including without limitation all patent, copyright, trade secret, mask work, trademark, moral right or other intellectual property rights.
  4. User agrees that “Game” is the sole property of Cashgrail and includes valuable trade secrets of Cashgrail. User agrees to treat “Game” as confidential and will not without the express written authorization of Cashgrail:
    1. Demonstrate, copy, sell or market “Game” to any third party; or
    2. Publish or otherwise disclose information relating to performance or quality of the “Game” to any third party; or
    3. Modify, reuse, disassemble, decompile, reverse engineer or otherwise translate “Game” or any portion thereof.
    4. You shall not directly or indirectly allow any person to play or gain access to the “Game” being made available to you.
  5. “Game” is prerelease code and is not at the level of performance or compatibility of a final, generally available product offering. “Game” may not operate correctly and may be substantially modified prior to first commercial shipment, or withdrawn. “Game” is provided “AS IS” without warranty of any kind. The entire risk arising out of the use or performance of “Game” remains with User. In no event shall Cashgrail be liable for any damage whatsoever arising out of the use of or inability to use “Game”, even if Cashgrail has been advised of the possibility of such damages.
  6. The User upon completion of the Beta test agrees to provide material, statistics, or information that is not deemed confidential to User for use in press releases, customer testimonials, and as a reference in marketing and sales initiatives by Cashgrail. User will provide a quote to Cashgrail that may be used in a press release.
  7. This License Agreement shall be governed, construed and enforced in accordance with the laws of the laws of Republic of India.
  8. This Agreement constitutes the entire and only agreement between the parties for “Game” and all other prior negotiations, representations, agreements, and understandings are superseded hereby. No agreements altering or supplementing the terms hereof may be made except by means of a written document signed by the duly authorized representatives of the parties.
  9. User shall comply with all applicable federal, state and local laws, regulations, and ordinances in connection with its activities pursuant to this Agreement.
  10. Failure of Cashgrail to enforce a right under this Agreement shall not act as a waiver of that right or the ability to later assert that right relative to the particular situation involved.
  11. If any provision of this Agreement shall be found by a court to be void, invalid or unenforceable, the same shall be reformed to comply with applicable law or stricken if not so conformable, so as not to affect the validity or enforceability of this Agreement
  12. The information you send us will be deemed confidential, except as specified in clause 6. Cashgrail will make reasonable efforts to keep such information private, and will not sell it or disclose it to third parties, except with service providers as described in the Privacy Policy of our website as mentioned in the T&Cs, or when required to do so by law.
  13. Cashgrail reserves the right to update these terms and conditions without prior notice. You agree that we may notify you of the Updated Terms by posting them on our website, and that your use of the “Game” after the effective date of the Updated Terms constitutes your agreement to the Updated Terms. Therefore, you should review these Terms of Use and any Updated Terms before using the “Game”. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the “Game” from that point forward. These Terms of Use will govern any disputes arising before the effective date of the Updated Terms.

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