Beta Tester Agreement

Effective Date: April 13th, 2025

This Beta Tester Agreement (“Agreement”) is entered into by and between Sakonnet Software, LLC, doing business as Full Site Follower (“Company”), and the individual or entity agreeing to this Agreement (“Tester”).

By accessing or using the beta version of Full Site Follower, Tester agrees to the following terms:

1. Purpose

Company is conducting a beta test of its web-based software service, Full Site Follower (“Beta Software”), which enables users to track updates to websites. Tester agrees to participate in this test to evaluate and provide feedback.

2. License

Company grants Tester a limited, non-exclusive, non-transferable, revocable license to access and use the Beta Software for testing and evaluation purposes only.

3. Confidentiality

Tester agrees not to disclose, publish, or disseminate any information relating to the Beta Software, including but not limited to features, performance, and bugs, without prior written consent from Company.

4. Feedback and Submissions

Tester agrees to participate in providing feedback, suggestions, reports, and ideas regarding the Beta Software (collectively "Feedback"). All Feedback becomes the sole property of Company. Tester hereby assigns to Company all right, title, and interest in and to such Feedback and grants Company an unrestricted, irrevocable, perpetual, transferable, sublicensable, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display, perform, and otherwise exploit such Feedback in any form, media, or technology, whether now known or hereafter developed, without any payment, credit, or accounting to Tester or others. Tester waives any so-called "moral rights" in any Feedback provided.

Company does not accept or consider unsolicited ideas, concepts, or know-how, including ideas for new products or technologies (collectively "Submissions") outside of the formal feedback channels provided within the Beta Software. However, if Tester does provide any such Submissions to Company, Tester gives Company an unrestricted, irrevocable, perpetual, transferable, sublicensable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute any of those Submissions, without any payment or accounting to Tester or others. In addition, Tester waives any so-called "moral rights" in any Submissions.

5. Data Collection & Privacy

Tester acknowledges that Company may collect usage data, logs, and feedback as part of the beta test to improve the Beta Software. This data may include, but is not limited to, information about how the Beta Software is used, performance metrics, error logs, and session recordings.

In addition to our internal logging and feedback mechanisms, Company uses a third-party tool, "PostHog", to record user sessions and analyze user interactions with the Beta Software. This may include tracking clicks, page views, navigation patterns, and other actions within the software. The information collected by PostHog is used to help improve the user experience and debug issues.

Company will not collect personal information unless it is voluntarily provided by the Tester. Any personal information collected will be treated with care and used solely for the purpose of improving the Beta Software. Company will not share, sell, or rent your personal information to third parties without your consent, except as required by law.

By participating in the beta test, you consent to the collection of this data, including session recordings through PostHog, as described in this section.

6. No Warranties

The Beta Software is provided “AS IS,” without warranties of any kind. Company does not guarantee performance, availability, or reliability. Tester assumes all risks arising from the use of the Beta Software.

7. Limitation of Liability

To the maximum extent permitted by law, Sakonnet Software, LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, or goodwill. Our total liability shall not exceed the amount paid by you (if any) to use the Beta Software in the 12 months preceding the claim.

8. Indemnification

You agree to defend, indemnify, and hold harmless Sakonnet Software, LLC (doing business as Full Site Follower), including its subsidiaries, affiliates, and all respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand—including reasonable attorneys' fees and expenses—made by any third party arising out of or relating to:

• Your use of the Services;
• Your breach of this Agreement or any applicable laws or regulations;
• Your violation of any third party rights, including intellectual property rights;
• Any content or data submitted by you;
• Any willful misconduct or harmful act toward another user.

We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us. You agree to cooperate with our defense of such claims, and we will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

9. Termination

This Agreement is effective until terminated. Company may terminate access to the Beta Software at any time, for any reason. Upon termination, Tester must cease all use of the Beta Software.

10. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of law principles.

11. Dispute Resolution

In the event of any dispute, claim, or controversy arising out of or relating to this Agreement, the parties agree to attempt to resolve the matter through good faith negotiations. If resolution is not reached within 30 days, either party may pursue further legal remedies.

12. Arbitration

Any dispute or claim arising out of or in connection with this Agreement shall be finally settled by binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Boston, Massachusetts, and the language of arbitration shall be English.

13. Miscellaneous

• Tester must be at least 18 years old.
• Tester shall not reverse-engineer, modify, or create derivative works from the Beta Software.
• Participation in the beta does not create a partnership, joint venture, or employment relationship.

By using the Beta Software, Tester agrees to the terms of this Agreement.