TERMS OF SERVICE AND END USER LICENSE AGREEMENT (BETA VERSION)
Last Updated: 01/09/26
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This Terms of Service and End User License Agreement (this "Agreement") is a binding legal contract between you ("User," "Tester," or "you")Â regarding your use of the Chalybs beta application, including any related documentation, services, and updates provided by the Company (collectively, the "Software" or "Beta Software").
BY DOWNLOADING, INSTALLING, OR USING THE BETA SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, OR USE THE SOFTWARE.
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1. Beta Software Acknowledgment
You acknowledge and agree that the Software is a beta version. As such, the Software is highly unstable, is still in development, and has not been commercially released for general use. The Software may contain bugs, defects, errors, and other problems that could cause system failures, device malfunctions, battery drain, or permanent data loss. You agree that your use of the Beta Software is strictly for testing and evaluation purposes. You are strongly advised to back up all data and information on your device prior to installing or using the Software.
2. License Grant
Subject to your continuous compliance with the terms of this Agreement, the Company grants you a personal, revocable, non-exclusive, non-transferable, limited right and license to download, install, and use the Beta Software solely on devices that you own or control, and strictly for your personal, non-commercial testing and evaluation purposes.
3. License Restrictions
You agree not to, and you will not permit others to:
Copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the Beta Software.
Rent, lease, lend, sell, redistribute, sublicense, or otherwise commercially exploit the Beta Software.
Remove, alter, or obscure any proprietary notice, copyright, or trademark of the Company.
Use the Beta Software for any purpose that is illegal, unlawful, or strictly prohibited by this Agreement.
Share, publish, or otherwise disclose any performance metrics, screenshots, or features of the Beta Software to any third party without the express prior written consent of the Company (Confidentiality).
4. Feedback and Intellectual Property
The Company retains all right, title, and interest in and to the Beta Software, including all copyrights, patents, trademarks, trade secrets, and other intellectual property rights. You agree to provide the Company with feedback, bug reports, crash logs, and suggestions regarding the Beta Software ("Feedback"). You hereby assign to the Company all right, title, and interest in and to any Feedback you provide, and the Company is free to use, modify, and incorporate such Feedback into its products and services without any compensation, attribution, or obligation to you.
5. DISCLAIMER OF WARRANTIES
THE BETA SOFTWARE IS PROVIDED TO YOU STRICTLY ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS AND DEFECTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE BETA SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, THE COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE BETA SOFTWARE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE. THE COMPANY DOES NOT GUARANTEE THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
6. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, DEVICE CORRUPTION, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES) ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF OR INABILITY TO USE THE BETA SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE), EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL THE COMPANY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT OF ZERO DOLLARS ($0.00) OR THE EXACT AMOUNT YOU PAID TO THE COMPANY TO PARTICIPATE IN THIS BETA, WHICHEVER IS LESS.
7. Indemnification
You agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, employees, agents, and successors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or relating to your use or misuse of the Beta Software, your violation of this Agreement, or your violation of any rights of a third party.
8. Modification and Termination
The Company reserves the right, in its sole discretion, to modify, suspend, or terminate the Beta Software or your access to the Beta Software at any time, for any reason, with or without notice. Upon termination, all rights granted to you under this Agreement will cease, and you must immediately delete and destroy all copies of the Beta Software in your possession or control. Sections 3, 4, 5, 6, 7, and 9 shall survive any termination of this Agreement.
9. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of [Insert Jurisdiction/State/Country], excluding its conflicts of law rules. Any legal action or proceeding arising under this Agreement will be brought exclusively in the federal or state courts located in [Insert Jurisdiction/City], and the parties hereby irrevocably consent to the personal jurisdiction and venue therein.
PRIVACY POLICY (BETA VERSION)
Last Updated: [Insert Date]
[Insert Company/Developer Name] ("Company," "we," "us," or "our") respects your privacy and is committed to protecting it through our compliance with this Privacy Policy. This Privacy Policy explains our practices regarding the collection, use, disclosure, and protection of information that is collected through our mobile application, Chalybs, during its beta testing phase (the "Beta App").
1. Information We Collect
During your participation in the beta testing of Chalybs, we may collect the following types of information:
Personal Information: Information that can be used to identify you, such as your name, email address, username, and any other information you provide when creating an account or communicating with us regarding beta feedback.
Device Information: We automatically collect technical information about the device you use to access the Beta App. This includes your hardware model, operating system and version, unique device identifiers (such as Apple IDFA or Android Advertising ID), mobile network information, and device settings.
Usage Data: We collect information about how you interact with the Beta App. This includes features you use, screens you visit, buttons you click, the time and duration of your activities, and other engagement metrics.
Diagnostic and Crash Data: Given that this is a beta environment, we heavily monitor system performance. We collect detailed crash logs, error reports, performance metrics, and debugging information to help us identify and resolve bugs.
2. How We Use Your Information
We use the information we collect for the following purposes:
To provide, operate, and maintain the Beta App.
To identify, debug, and resolve technical issues, crashes, and software errors.
To analyze usage trends and evaluate the performance of features to improve the final release of the application.
To communicate with you regarding your beta testing experience, including sending updates, technical notices, and requesting your feedback.
To protect the security and integrity of the Beta App and our systems.
To comply with any applicable legal obligations.
3. How We Share Your Information
We do not sell your personal information. We may share your information in the following circumstances:
Service Providers: We may share your information with third-party vendors, service providers, contractors, or agents who perform services on our behalf. This includes crash reporting services (e.g., Firebase Crashlytics, Apple TestFlight, Sentry), cloud hosting providers, and analytics services. These third parties are bound by confidentiality obligations and are restricted from using your data for any other purpose.
Legal Requirements: We may disclose your information if required to do so by law or in response to valid requests by public authorities (e.g., a court or government agency).
Business Transfers: If the Company is involved in a merger, acquisition, or sale of all or a portion of its assets, your information may be transferred as part of that transaction.
4. Data Security
We implement commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. However, because the Beta App is in a testing phase and no method of transmission over the internet or electronic storage is 100% secure, we cannot guarantee its absolute security. YOU AGREE THAT YOU TRANSMIT DATA AT YOUR OWN RISK.
5. Data Retention
We will retain your personal and diagnostic data only for as long as is necessary for the purposes set out in this Privacy Policy, specifically for the duration of the beta testing phase and a reasonable period thereafter to implement improvements to the commercial release of the application.
6. Your Data Rights
Depending on your jurisdiction, you may have certain rights regarding your personal information, including the right to:
Request access to the personal data we hold about you.
Request correction of inaccurate data.
Request deletion of your personal data.
Withdraw consent where we are relying on consent to process your personal data.
To exercise these rights, or to request that we delete your beta testing account and associated data, please contact us at chalybsapp@gmail.com
7. Third-Party Links and Services
The Beta App may contain links to third-party websites or integrate third-party services. We are not responsible for the privacy practices or the content of such third parties. We encourage you to read the privacy policies of any third-party services you access.
8. Children's Privacy
The Beta App is not intended for children under the age of 13 (or 16 in certain jurisdictions). We do not knowingly collect personally identifiable information from children. If we become aware that we have collected personal data from a child without verification of parental consent, we will take steps to remove that information from our servers.
9. Changes to This Privacy Policy
We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page and updating the "Last Updated" date. You are advised to review this Privacy Policy periodically for any changes. Â