Beta Materials Terms and Conditions (v1.0)
Essential knowledge
Intended Audience:
Technical User
Author:
Fluent Commerce
Changed on:
14 July 2026
Overview
These Beta Materials terms and conditions supplement your current agreement with Fluent Commerce and govern all ‘beta’, ‘innovation or innovation lab‘, ‘experimental’, ‘preview’ and any other ‘early’ features, including platform-based or downloadable data, software, documentation or other materials.Key points
- Read these T&Cs before using any Beta Materials. Do not use if you don't agree. Obtain authorisation from your company as needed.
- Beta Materials are provided on an "as-is" basis for experimentation and feedback and use is at your own risk.
- We may modify or remove access to or ask you to cease using Beta Materials at any time without notice and at our discretion.
Additional Terms - Beta Materials
- These Beta Materials terms and conditions supplement the current written agreement between Fluent Commerce and the Fluent Commerce customer or partner whom you, as user of the Beta Materials, represent, and govern all ‘beta’, ‘innovation or innovation lab‘, ‘experimental’, ‘preview’ and any other ‘early’ features (which may consist of platform-based or downloadable data, software, documentation or other materials), that are expressly stated as ‘beta’ or other similar statement, however made available, such as through any Cloud Platform environment or account via our Documentation and/or using any other means we choose (Beta Materials). Beta Materials do not form part of the Cloud Platform but may interact with materials or components of the Cloud Platform. Unless expressly stated otherwise herein, these are the only terms and conditions governing Beta Materials and related Inputs and Outputs, and apply to the exclusion of all other terms and conditions or agreements between us (including those of the Agreement). Your access to the Beta Materials is subject to your compliance at all times with these terms and conditions and that of any person acting on your behalf or system operated by you that accesses or uses these materials (Beta Users) which compliance you shall ensure. Some Beta Materials may allow you to generate directly or indirectly data, code, documents, or other materials or recommendations (Outputs) when your Beta Users provide instructions or requests (Inputs). A reference to “we” or “our” is a reference to Fluent Retail Pty Ltd trading as “Fluent Commerce”. A reference to “you” is a reference to the entity referred to in the Agreement. Capitalised terms not defined herein are as defined in the Agreement.
- You acknowledge and agree that:
- Beta Materials are provided for evaluation and experimentation purposes on an “as-is” basis. Beta Materials and any related Inputs and/or Outputs are not subject to standard warranties, support, security measures, storage or service levels, may not function as expected, and may contain errors.
- You are not obliged to access or use any Beta Materials and do so at your own risk and cost. You may, at your discretion and at any time, decline or cease to be involved in any pilot or testing initiative involving Beta Materials, and cease using any Beta Materials.
- You are solely responsible and liable for your acts and/or omissions and those of your Beta Users relating to use of Beta Materials, including but not limited to misuse of Beta Materials, provision of Inputs, reliance on Outputs and any related subsequent actions.
- We reserve the right to, at any time, at our discretion and without the need to provide reason or notice, modify, withdraw or delete Beta Materials, alter the duration of or cancel any testing or piloting of Beta Materials, limit or cease access to Beta Materials, or revoke your licence or access rights to the Beta Materials.
- We do not guarantee that any particular Beta Materials will be released as part of the Cloud Platform. Beta Materials only become part of the Cloud Platform if and when such materials (as amended for production or live business use) are made generally available as part of any new release of the Cloud Platform (or related features and functions) and the ‘beta’ or similar designations in related artifacts, including documentation, are removed (Product Materials), at which time the terms and conditions of the Agreement will apply fully to those generally released materials. To replace Beta Materials with Product Materials, you may be required to re-configure, re-install or download the Product Materials, and any data or other content used in connection with Beta Materials may be lost. Fees may apply to some Product Materials, which shall only be charged following the signing of a related Order Form.
- You shall not and shall ensure that all persons or systems acting on your behalf who have access to the Beta Materials do not do any of the following:
- load or make use of any personal data or personal information (as those terms are defined under applicable privacy laws), or load excessive amounts of data, into the Beta Materials or related environments;
- use the Beta Materials or Outputs for any form of user acceptance, load, performance, security or benchmark testing, nor in violation of any applicable laws; or
- save to the extent expressly permitted by applicable law: (i) access or use Beta Materials otherwise than in accordance with these terms and conditions (ii) use any Beta Materials in any manner that is not consistent with or does not comply with any guidelines provided in relation to Beta Materials from time to time; (iii) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Beta Materials available to any third party; (iv) download, copy or create derivative works of the Beta Materials (including any work where the Beta Materials are modified, translated or otherwise changed in any way); (v) disassemble, reverse compile, reverse engineer or otherwise reduce to human-perceivable form any of the Beta Materials (as applicable) in whole or in part or discover or disclose the source code, methods and concepts embodied therein unless source code is intentionally provided by us as part of the Beta Materials; or (vi) access and use the Beta Materials to develop, build or provide competing products or services or products and services that compete with the Cloud Platform.
- WE MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO REPRESENTATIONS OR WARRANTIES OF ACCURACY, RELIABILITY, NON-INFRINGEMENT OR SECURITY, IN RELATION TO THE BETA MATERIALS OR OUTPUTS WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED AT LAW, WE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY USE OF OR RELIANCE ON THE BETA MATERIALS OR OUTPUTS BY YOU OR ANY THIRD PARTY, AND YOU INDEMNIFY US IN RESPECT OF ALL LOSS, COSTS AND DAMAGES SUFFERED, INCLUDING IN CONNECTION WITH ANY THIRD PARTY CLAIM, RESULTING FROM YOUR (I) USE OF THE BETA MATERIALS IN BREACH OF THESE TERMS AND CONDITIONS, OR (II) RELIANCE ON THE BETA MATERIALS OR OUTPUTS.
- Beta Materials and related feedback are subject to the same usage, ownership and licensing rights and restrictions of the Cloud Platform as set out in the Agreement, except as expressly varied or qualified herein. As between us, you own all rights, title and interest, including all Intellectual Property Rights, that may subsist in any Inputs and Outputs.
- To the extent any Beta Materials and related documents and guidelines are Confidential Information of Fluent Commerce (as that term is defined in Agreement), the confidentiality terms and conditions of the Agreement apply to such materials.
- The same dispute resolution, governing law and jurisdiction provisions as set out in the Agreement apply to these terms and conditions.
- Variation of these terms and conditions must be in writing and signed by the parties.
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