Legal

Pilot Evaluation Agreement

Pilot Evaluation Agreement

Last updated May 01, 2025

These Pilot Evaluation Terms (“Terms”) govern your use of Cuemby’s products and services under a promotional, evaluation, or pilot access model (the “Pilot Program”). By accessing or using Cuemby’s services during a Pilot Program, you agree to be bound by these Terms.

If you do not agree to these Terms, do not access or use the Services for pilot or evaluation purpose

1. Purpose

The purpose of this Agreement is to provide Customer with access to certain services, platforms, or offerings of the Company (the "Services") for non-production evaluation during a limited pilot period.

2. Scope of Use

You may use the Services solely for internal, non-commercial, non-production evaluation and testing. The Services are provided "AS IS" and in a beta or preview environment. You must not use the Services to process live or confidential data or for production workloads.

3. Pilot Period

The Pilot Period begins when you first access the Services under a pilot or promotional offering and continues for the duration indicated in your onboarding materials or as communicated by Cuemby. Unless you notify Cuemby of your intent to discontinue use at least ten (10) days before the end of the Pilot Period, your account may automatically transition to a commercial environment, and applicable fees may apply based on Cuemby’s then-current pricing.

5. Disclaimer of Warranties

The Services are provided “AS IS” and “AS AVAILABLE,” without warranties of any kind. Cuemby disclaims all express and implied warranties, including merchantability, fitness for a particular purpose, and non-infringement. Service Level Agreements (SLAs) and support guarantees do not apply during the Pilot Period.

6. Data and Confidentiality

You retain ownership of any data submitted during the Pilot Program (“Customer Data”). However, you acknowledge and agree that Cuemby may collect metadata and usage information to improve its services. Both parties agree to treat non-public or proprietary information exchanged under the Pilot Program as confidential, as outlined in Cuemby’s Privacy Policy.

7. Termination

Either party may terminate your access to the Pilot Program at any time. Upon termination or expiration of the Pilot Period:

Your access may be suspended or discontinued.

Cuemby may delete any test environments and associated data unless otherwise agreed in writing.

8. Incorporation of Terms

Use of Cuemby’s Services during the Pilot Period is also governed by the following, which are incorporated by reference:

In the event of a conflict, these Pilot Evaluation Terms will control during the Pilot Period.

9. Limitation of Liability

To the maximum extent permitted by law, Cuemby shall not be liable for any indirect, incidental, special, or consequential damages arising out of or related to your participation in the Pilot Program. Cuemby’s total liability is limited to one hundred U.S. dollars ($100).

10. General

This Agreement constitutes the entire agreement between you and the Company with respect to the subject matter and supersedes all prior or contemporaneous understandings, whether written or oral. Neither party may assign this Agreement without the prior written consent of the other, except that the Company may assign this Agreement in connection with a merger, acquisition, or sale of all or substantially all of its assets. No waiver of any right under this Agreement will be effective unless in writing. If any provision of this Agreement is found to be unenforceable, the remaining provisions will remain in full force and effect.

11. Governing Law

This Agreement is governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts located in Palm Beach County, Florida.

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