Terms of Service (“Terms”) - Nozbe 4 Beta
Nozbe 4 BETA TESTER AND CONFIDENTIALITY AGREEMENT
Thank you for your interest in being a Nozbe 4 BETA tester!
As with any beta test program, you will be asked to agree to several conditions before you begin testing our app. Here’s a summary of the main terms we’ll ask you to agree to:
The information you provided in the Nozbe 4 BETA recruitment survey is accurate.
You are not an employee or representative of any competitor.
You will send reasonable error and bug reports as well as any comments about the BETA Product synchronization and UX flaws to Nozbe at firstname.lastname@example.org
You license Nozbe Michal Sliwinski company to freely use the feedback and suggestions you provide.
If you agree to these conditions, please read the terms of this beta test program and confidentiality agreement (“Agreement”) governing the use of the software provided to you by Nozbe Michał Śliwiński (“Nozbe”).
By registering for Nozbe 4 BETA account you indicate your acceptance of these terms and you are (1) representing that you are over the age of 18, (2) representing that you have the right and authority to legally bind yourself to these terms, and (3) consenting to be legally bound by all of the terms of this agreement. This will create a binding agreement. If you do not agree to all these terms or cannot make such representations please, contact the Nozbe team at email@example.com.
§ 1. General provisions
These Terms apply to Nozbe 4 BETA - the beta, pre-release version of work management and communication platform (“BETA Product”) which is provided on the nozbe4.com, 4.nozbe.com websites and in the Apple App Store and Google Play. The entity providing and managing Nozbe 4 is: Nozbe Michał Śliwiński, NIP (EU Tax ID): PL9580973303, REGON (National Registration No.): 192987715, Rozewska 18, 81-055 Gdynia, Poland (“Nozbe”). The User can contact Nozbe via Customer Service at firstname.lastname@example.org.
The BETA Product is currently still in development and experimental form. You have agreed to test and evaluate the BETA Product on your devices in accordance with the terms of this Agreement to assist Nozbe in the completion of the BETA Product.
§ 2. The BETA Product testing rules
To become the BETA Product tester, you need to fill in the Google Form provided at nozbe4.com website and be chosen by Nozbe team (who reserves the right to choose beta testers according to the internally set rules). The chosen candidates are informed about having been qualified via email.
To start testing the BETA Product, you need to follow the link provided in the confirmation email from Nozbe Team and register for an Account (“Account”) using your full legal name and surname and a valid e-mail address. By doing this you become a BETA Tester of the BETA Product (“Tester”).
For enhanced security, right after signing up, you will receive an e-mail asking you to confirm your valid e-mail address within the next five days. Failure to confirm your e-mail results in deactivation of your Account.
You must be a human (Accounts created by automated methods or scripts are not permitted) of an age of at least 18 in order to create the Account and become a Tester.
One Account may be used by one person. One person cannot have more than one Account.
Multi-user Accounts (“Team”) are groups of single Accounts gathered under one Account, which acts as an administrator of the team.
The application is a software (basic beta version and each subsequent update) along with resources, enabling the Tester to manage projects as part of their Account, intended primarily for devices with the following operating systems: iOS, Android and those on which it is possible to launch the web application available at 4.nozbe.com in the browser.
The data provided in the Application is synchronized with Nozbe 4 servers (“Service”) to enable the Tester to gain access to their Account via the Internet from any device supported by the Application, and share data as part of their Team.
The Tester is responsible for all the activity and content associated with their Account. Nozbe shall not be held liable for any activity of a Tester or any content provided and used by them in connection with operating the Account and Application.
Nozbe claims no intellectual property rights over the material you provide in the Application. Your profile and materials uploaded remain yours.
The Tester is responsible for keeping their Account password safe at all times. Nozbe will not be held liable for any damage from your failure to comply with this security obligation.
The Tester is responsible for using the Service in a legal manner and they must not violate any laws in their jurisdiction (including but not limited to copyright laws).
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Nozbe customer, employee, member or officer may result in immediate Account suspension.
You have the right to terminate using the BETA Product and the Service and cancel your Account. You can cancel your Nozbe 4 BETA Account at any time by contacting Nozbe support at email@example.com and asking for cancellation. All of your Content will be put into a 30-day quarantine and later completely removed from the BETA Product. The quarantine has been set up to enable the user to access their data if they change their mind or if they cancelled their Account by accident. The Tester can also contact Customer Support to have their data completely removed from the quarantine at any time.
During the beta testing program the use of the BETA Product is completely free of charge. After the beta testing program is over (we will inform you by email 30 days before the program’s expiration) Nozbe will start charging for the use of Nozbe 4 according to the pricing that will be published on nozbe4.com website 14 days before it comes into effect.
The Tester agrees not to publish any images or video or written reviews of Nozbe 4 at this stage. The publications will be allowed when the product is in the Open Beta phase and only upon the agreement of Nozbe team. The open beta launch date will be announced to beta testers in a separate email.
§ 2. No Conflicting Loyalty
You represent that neither you nor any member of your team is an employee or representative of any competitor of Nozbe.
You represent that the information provided in your BETA recruitment survey is accurate.
§ 3. Feedback
Testers are asked to provide prompt feedback to Nozbe regarding the operation or use of the BETA Product whenever they experience inconvenience or feel the workflow could be designed better. Feedback should include:
- direct emails to firstname.lastname@example.org whenever you observe a problem or a bug;
- filing online reports Nozbe might send you via email;
- participating in online conversation with the Nozbe CEO that might be scheduled at the end of the testing program;
- maintaining a record of problems or errors (screenshots, screencasts);
- providing suggestions and ideas via email (email@example.com).
You acknowledge and agree that Nozbe may use, disclose, reproduce, license, distribute and otherwise commercialize such feedback. You hereby grant to Nozbe all required licenses in your feedback and the associated intellectual property rights to allow us to carry out these rights.
§ 4. Grant of License to Test
Subject to the terms and conditions of this Agreement, Nozbe hereby grants you a personal, non-exclusive, non-transferable license to use the BETA Product on your work and personal devices. Your license will be valid during the time that you are an active participant in our BETA Program for the purposes of testing and evaluating the BETA Product to assist us in the completion of its development.
§ 5. Disclaimer of Warranties
- Although we’ve been paying very much attention to the security issues while designing Nozbe 4, this is still an early beta version that will change almost every day. We thus recommend that you do not keep sensitive data on your account.
By becoming a BETA Tester you also acknowledge and agree that:
a) the BETA Product is not complete in development and has not been commercially released for sale by Nozbe; b) the BETA Product may not be fully functional, and it is expected that it will contain errors, bugs, design and synchronization flaws or other problems, including problems that may impact your data; c) the BETA Product may not be reliable during the time you are participating as a tester in the Nozbe 4 BETA Program; d) Nozbe has the right to unilaterally abandon development of the BETA Product at any time and without any obligation or liability to you or any third party.
- You further acknowledge that you have paid no consideration to Nozbe for the BETA Product hereunder, and that the BETA Product is being supplied to you “as is”. Nozbe makes no warranties regarding the BETA Product, express or implied, and expressly disclaims all such warranties, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
§ 6. Ownership
You acknowledge and agree that Nozbe own all right, title and interest in and to the BETA Product and in any and all intellectual property rights therein, including but not limited to any and all copyrights, patents, patent applications, trade secrets, trademarks and other intangible rights therein. You agree not to use Nozbe’s trademarks or other business names for any purpose. You will not earn or acquire any rights or licenses under any copyrights, patents, trade secrets, trademarks or other intellectual property rights on account of this Agreement or your performance under this Agreement. To the extent that Nozbe provides you Nozbe Materials or BETA Products, you agree that all Nozbe Materials are and remain the sole and exclusive property of Nozbe. You agree to promptly disclose and hereby assign to Nozbe any suggestions for change and/or improvement to the BETA Product and any related rights thereto and to assist Nozbe, as reasonably requested by Nozbe and at Nozbe’ expense, in obtaining intellectual property protection relating to such suggestions as Nozbe may reasonably direct.
§ 7. Limitation of Liability
We emphasize again: this is an early beta version of Nozbe 4 and it will change almost every day. We recommend that you do not keep any sensitive data on your account and remember that bugs and synchronization flaws may impact your workflow.
In no event shall Nozbe be liable to you or any other party for data loss or damages of any kind arising from installation or use of the BETA product, whether resulting from a tort (including negligence), breach of contract, warranty or other form of action, including but not limited to direct, indirect, special, incidental and consequential damages, of any kind arising in any way out of this agreement, even if advised of the possibility of such damage. The parties agree that the foregoing limitation of liability is material to this agreement.
Pursuant to the provisions of Regulation (EU) No 2016⁄679 of the European Parliament and of the Council 2016⁄679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (EU Official Journal L 119, p.1) applicable from 25 May 2018 (hereinafter “GDPR”), and the Polish Act on the Protection of Personal Data (Journal of Acts of 2018 position 1000) (hereinafter „Act”), to execute the obligations arising therefrom, Nozbe informs that:
The Administrator of your personal data within the meaning of Regulation No 2016⁄679 EU of the European Parliament and of the Council of 27 April 2016 is: Nozbe Michał Śliwiński, NIP (Tax ID): 9580973303, REGON (National Registration No.): 192987715, ul. Rozewska 18, 81-055 Gdynia, Poland.
The provision of personal data is voluntary; however, failure to provide them will prevent the execution of the agreement.
Personal data are collected and processed for the purposes of implementation of the legitimate interests of the administrator of personal data, in particular: allowing the provision of certain services by electronic means, employment, making settlements, operating the electronic account in the data administrator’s network, handling incoming queries or requests, communication with BETA Testers in regards to the beta testing program, and record-keeping and statistical purposes. Whereas, after consent is obtained, personal data are collected and processed by the personal data administrator for the purposes of: cookies generation;
By registering for Nozbe 4 BETA account you indicate your acceptance for direct communication, i.e. to receive from Nozbe through the use of a means of distance communication (e-mail, SMS, phone) any materials of commercial, marketing and informational nature, connected to the Nozbe 4 beta testing program and business activity carried out by the data administrator.
A natural person to which the data refers has the right to request from the administrator access to the data, their rectification, erasure or restriction of their processing at any time, as well as the right to object to the processing of data, move the data and lodge a complaint with a supervisory authority – the President of the Office of Personal Data Protection.
Management of consents given can be done via the Customer Support e-mail address: firstname.lastname@example.org.
The withdrawal / modification of the consent does not affect the lawfulness of the processing, which was made on the basis of the consent before its withdrawal / modification.
The data will be processed for no longer than it is necessary to achieve the above objectives; however, no longer than until the withdrawal or modification of a given consent and, after this time, they may be processed until the expiry of the limitation period.
The administrator of data takes necessary measures to ensure the safety of personal data collected and processed, and in the event of their breach, informs competent state authorities to enable detection of those responsible for the breach and prevent future breaches. Any natural person affected by a data breach will be notified of such fact.
Data stored by Nozbe include data required for creating an Account: name and surname, e-mail address, account type, IP address, geolocation data obtained on the basis of the IP address, and data necessary for processing the payment in case the user has a paid Account: address and billing information (optional – if the User wants an invoice).
Nozbe also stores other data added to the Nozbe system by the User while using the Service, ie.:
- e-mail addresses of members on the team, provided the User creates a team in Nozbe;
- projects: their names, descriptions and tasks they contain; tasks: their names, parameters (such as date, required time, category) and task comments; and,
- files: files uploaded to Nozbe servers as attachments to tasks (as soon as this feature is available,)
The privacy of our Testers’ data is Nozbe’s biggest priority; therefore, Nozbe employees do not have access to the data on the Tester’s Account unless the Tester has given explicit consent to solve their problem. If the Tester of the BETA Product regularly enters personal data of other natural persons such as contractors, clients, co-workers or other, the User may ask to sign a Personal Data Processing Agreement with Nozbe by sending an enquiry to email@example.com.
To optimize the way Nozbe functions and the way we communicate with Users and people interested in our Service, Nozbe uses several external services:
- GetResponse - for sending the Nozbe Newsletter and other emails addressed to the Service Users. In GetResponse, Nozbe stores the User’s name and surname (if provided) and their e-mail address, as well as some additional information about the type of the User’s Nozbe account to help send targeted mail: account type, account validity period, promotional code used, language, country and other minor data.
- Mailgun - to send Nozbe transactional e-mails, such as reminders, e-mails with a password reset link, etc., as well as to handle incoming e-mails, which the Nozbe system transforms into tasks: username.PIN@nozbe.me. The data stored in this case is: the User’s name and surname, e-mail address and the contents of the messages sent to the Nozbe service on the personalized e-mail address, username.PIN@nozbe.me.
- Gmail and Sugester - to handle communication with clients contacting Nozbe’s customer support. As part of this procedure, we store the content of e-mails sent to the Nozbe customer service department at firstname.lastname@example.org.
- Google Analytics - for statistical purposes related to the need to optimize the look and functionality of Nozbe websites and offers. With Google Analytics we acquire demographic and geolocation data of Users as well as the information on the equipment they use and their behavior when visiting the Nozbe websites.
- Facebook - for communicating with users and promoting the Nozbe service. On Facebook, we use the “Facebook Custom Audience” service, where we store the Users’ e-mail addresses and the types of accounts they have in Nozbe for targeting Facebook ads. We also have a - Facebook pixel set up. This service lets us track Facebook users visiting the Nozbe.com website in order to be able to reach them (or not) with an advertisement on Facebook.
§ 9. Termination
This Agreement will automatically expire at the end of your participation as a Nozbe BETA Program tester unless terminated sooner in accordance with this Agreement.
Either party may terminate this Agreement before the end of your participation in the Nozbe BETA Program for any reason or no reason upon written notice to the other party.
This Agreement will automatically terminate upon any breach by you of any of your obligations hereunder especially your obligation to provide regular and reasonable feedback to Nozbe.
§ 10. Miscellaneous
Nozbe reserves the right to update and change the BETA Product and its elements, from time to time without prior notice. Any new features that augment or enhance the BETA Product, including but not limited to the release of new features, tools and resources, will be subject to the Terms. Continued use of the BETA Product after any such changes shall constitute your consent to such changes.
This Service and Agreement shall be interpreted and construed according to, and governed by, the laws of the Republic of Poland, excluding any such laws that might direct the application of the laws of another jurisdiction. These Terms shall be governed by the Polish law, whereas any possible disputes shall be resolved by common courts located on the territory of the Republic of Poland.