Effective Date: January 31, 2026
This Beta Test Agreement (the "Beta Agreement") governs the provision of Verb's beta software and is between Verb ("Verb," "we," "us," or "our") and you ("Beta Tester" or "you"). By accessing or using the Beta Software, you acknowledge that you have read, understood, and agree to be bound by this Beta Agreement.
1.1 The purpose of this Beta Agreement is to outline the terms and conditions under which Verb will provide the Beta Tester with access to its software for beta testing and evaluation purposes.
2.1 Verb will provide Beta Tester with access to the Verb mobile application and related services for beta testing purposes (the "Beta Software").
3.1 The Beta Tester agrees to:
4.1 License. Subject to the terms and conditions of this Beta Agreement, Verb hereby grants Beta Tester a worldwide, non-transferable, non-exclusive license to use the Beta Software for beta testing purposes. Beta Tester grants Verb a license to process Beta Tester data for the purposes of providing access to and use of the Beta Software.
4.2 Ownership. Title to and ownership of the Beta Software and Feedback will belong to Verb. Except for the express licenses granted herein, no rights or licenses shall be deemed granted by implication, estoppel, or otherwise.
5.1 Beta Test Period. The beta test period begins when you first access the Beta Software and continues until terminated by either party.
5.2 Termination for Convenience. Either party may terminate this Beta Agreement at any time for any reason. You may terminate by deleting your account or ceasing use of the Beta Software. Verb may terminate by providing notice via email or through the Beta Software.
6.1 VERB MAKES NO REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED, OR STATUTORY, OR ANY OTHER GUARANTEE WITH RESPECT TO THE USE OF THE BETA SOFTWARE. VERB PROVIDES THE BETA SOFTWARE ON AN "AS IS" BASIS "WITH ALL FAULTS" AND "AS AVAILABLE." VERB DOES NOT GUARANTEE THE ACCURACY OR TIMELINESS OF INFORMATION AVAILABLE FROM, OR PROCESSED BY, THE BETA SOFTWARE.
6.2 TO THE EXTENT PERMITTED BY LAW, VERB EXCLUDES ANY IMPLIED WARRANTIES, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND DATA ACCURACY.
7.1 Verb may, during the Beta Test Period, disclose to Beta Tester certain information regarding the Beta Software, business, products, or services of Verb and its suppliers, including technical, marketing, financial, business, planning, and other confidential or proprietary information, including information that the Beta Tester knew or should have known, under the circumstances, was considered confidential or proprietary by Verb ("Confidential Information").
7.2 The Beta Tester agrees to keep confidential and to not disclose to any third party any Confidential Information.
8.1 IN NO EVENT SHALL VERB BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE BETA SOFTWARE INCLUDING, WITHOUT LIMITATION, LOST PROFITS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8.2 NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE AGGREGATE LIABILITY OF VERB AND ITS AFFILIATES AND LICENSORS UNDER THIS BETA AGREEMENT SHALL NOT EXCEED $100. THE FOREGOING LIMITATIONS OF LIABILITY APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
9.1 Verb may, from time to time, update the terms and conditions in this Beta Agreement. By continuing to use the Beta Software, you agree to such updated terms and conditions.
10.1 This Beta Agreement shall be governed by and interpreted in accordance with the laws of the state of New York.
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