Beta Tester Confidentiality and Participation Agreement
This Beta Tester Confidentiality and Participation Agreement (the "Agreement") is between Chasmin Dewayne Brooks, an individual residing in Maryland, United States, doing business as frienminder ("we", "us" or "our"), and the individual who accepts this Agreement ("you"). It takes effect on the date you accept it (the "Effective Date").
Please read this Agreement carefully. It is written in plain language so that you understand what you are agreeing to. You accept this Agreement only by ticking the acceptance box and clicking "I agree" at the end of this Agreement. You will not be given access to the Beta unless you do. If you do not agree, please do not click "I agree" and do not join the Beta.
1. Who Can Join
1.1 To take part, you must be at least 18 years old, have received an invitation from us or from an existing tester under Section 1.4, and live in a country where we offer the Beta.
1.2 Your access is personal to you. You may create only one account, and you must not share your login details or test build with anyone. Invited Testers must use their own accounts.
1.3 Taking part is voluntary. You may stop at any time by uninstalling the Beta and telling us at [email protected].
1.4 If you wish, you may invite up to five (5) people to join the Beta using the invitation link or code we give you ("Invited Testers"). You are not required to invite anyone, and choosing not to will not affect your participation. If you do invite someone, they must meet the requirements in Section 1.1 and accept this Agreement through our sign-up process before receiving access to the Beta or any Confidential Information, and you must not share the Beta, your access, or any Confidential Information with them until they have done so. We may decline or remove any Invited Tester at our discretion. We may increase or decrease invites in our sole discretion.
2. What the Beta Is
2.1 "Beta" means the pre-release version of our mobile software application known as frienminder, including all builds, updates, related websites, test accounts, documentation, and any private community channels (such as TestFlight) that we make available to you for testing.
2.2 The Beta is a test version. It may contain errors, may not work as expected, may lose or corrupt data, and may change or be withdrawn at any time. We may never release a commercial version.
3. Your Right to Use the Beta
3.1 Subject to this Agreement, we give you a personal, limited, non-exclusive, non-transferable, revocable right to install and use the Beta on devices you own or control, solely to test it and give us Feedback (defined in Section 6), during the Beta Period (defined in Section 8).
3.2 You must not: (a) copy, modify, sell, rent, or distribute the Beta; (b) reverse engineer, decompile, or disassemble the Beta, except to the extent applicable law expressly permits this despite this restriction; (c) bypass any security, access, or usage controls; (d) use the Beta for any commercial purpose or to build a competing product; or (e) use the Beta in any unlawful way.
3.3 We (and our licensors) keep all rights, title, and interest in the Beta, including all intellectual property rights. Those rights belong to us and our successors and assigns, including any company we form to own and operate the Beta. You receive no rights other than those expressly set out in this Agreement.
4. Keeping the Beta Confidential
4.1 "Confidential Information" means all non-public information about the Beta and our business that you see or receive through the Beta, including: the existence and content of the Beta; its features, design, user interface, screens, functionality, and performance; errors and bugs; our product plans, release dates, and pricing; and anything shared in private Beta channels.
4.2 Confidential Information does not include information that: (a) is or becomes public through no fault of yours (for example, after we publicly launch a feature); (b) you already lawfully knew before we disclosed it; (c) you lawfully receive from someone else who is free to share it; or (d) you develop independently without using our Confidential Information.
4.3 You agree to: (a) keep Confidential Information secret and use it only to test the Beta and give Feedback; (b) take reasonable care to protect it, at least the care you would use for your own private information; and (c) not disclose it to anyone other than Permitted Recipients.
(i) "Permitted Recipients" means us, other testers who have accepted this Agreement, and Invited Testers once they have accepted it. You may discuss the Beta freely with Permitted Recipients. Before sharing anything with someone, please make sure they are a Permitted Recipient. If you are unsure, check with us at [email protected].
4.4 In particular, unless we give you written permission, you must not: (a) take or share screenshots, screen recordings, photos, or videos of the Beta; (b) livestream or demonstrate the Beta to others; (c) post about, review, or discuss the Beta on social media, forums, blogs, app stores, or with journalists; or (d) let anyone who is not a Permitted Recipient to use or watch you use the Beta.
4.5 If the law, a court, or a public authority requires you to disclose Confidential Information, you may do so, but only to the extent required. Where legally allowed, please tell us promptly first so that we can seek protection.
4.6 Nothing in this Agreement prevents you from reporting possible violations of law to a government authority, exercising any legal right you cannot waive, or making disclosures protected by whistleblower laws (including immunity under 18 U.S.C. § 1833(b) for confidential disclosures of trade secrets to government officials or attorneys to report suspected violations of law).
4.7 Your confidentiality obligations last during the Beta Period and continue until the earlier of: (a) the date we publicly release the relevant information; or (b) one (1) year after the Beta Period ends. Information that is a trade secret remains protected for as long as it remains a trade secret under applicable law.
4.8 If you share Confidential Information with someone who is not a Permitted Recipient, you will be responsible for that disclosure. Each Invited Tester is responsible for their own compliance with this Agreement once they accept it.
5. Security Issues
5.1 If you find a security vulnerability or think your device, account, or the Beta has been compromised, please report it to us promptly at [email protected] and do not exploit it or disclose it publicly.
5.2 Please do not enter other people's personal data, or sensitive information about yourself (such as health or financial information), into the Beta unless the testing task specifically asks for it or the Beta is specifically designed to use such information.
6. Feedback
6.1 "Feedback" means any comments, suggestions, ideas, bug reports, survey responses, or other input you give us about the Beta.
6.2 You are not required to give Feedback. If you do, you give us and our successors and assigns (including any company we form to own and operate the Beta) a worldwide, perpetual, irrevocable, royalty-free, transferable, and sublicensable right to use, copy, modify, and otherwise exploit that Feedback for any purpose, including improving and commercializing our products, without paying you or crediting you. To the extent permitted by law, you agree not to assert any moral rights in Feedback against us or our successors and assigns.
6.3 You confirm that any Feedback you give is your own and does not knowingly include anyone else's confidential information or intellectual property.
7. Payment and Incentives
7.1 The Beta is free. You will not pay anything to take part.
7.2 Taking part in the Beta does not create any employment, agency, partnership, or similar relationship between you and us.
8. Duration and Ending the Beta
8.1 This Agreement starts on the Effective Date and continues until the Beta ends or your participation ends, whichever is earlier (the "Beta Period"). We expect the Beta to run from September 15, 2026, to March 31, 2027, but we may shorten or extend it.
8.2 You may end your participation at any time by uninstalling the Beta and telling us. We may suspend or end your access at any time, including if you breach this Agreement, by notice to you (which may be by email or in-app message).
8.3 When the Beta Period ends, you must stop using and uninstall the Beta and delete any Beta materials you have. Sections 3.3, 4, 6, 9, 10, 12 and 13 continue after this Agreement ends.
9. Pre-Release Software
9.1 Because the Beta is unfinished test software provided free of charge, it is provided "as is" and "as available." To the extent permitted by law, we make no promises that it will be error-free, secure, uninterrupted, or fit for any particular purpose. Please back up your device and do not rely on the Beta for anything important.
10. Our Responsibility to You
10.1 To the extent permitted by law, we are not liable for: (a) loss of data, profits, or opportunity; or (b) any indirect or consequential loss. Subject to Section 10.2, our total liability to you arising from the Beta or this Agreement will not exceed one hundred U.S. dollars (US$100) or, for testers in the EU, one hundred euros (€100).
10.2 Nothing in this Agreement excludes or limits our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) our gross negligence or intentional misconduct; or (d) any other liability that cannot be excluded or limited under applicable law.
11. Your Privacy
11.1 We will collect and use personal data about you, such as your name, email address, device information, crash logs, usage data, and Feedback, to run the Beta, as described in our Privacy Policy at https://frienminder.com/privacy/. Please read it, as it explains what we collect, why, how long we keep it, how it may be transferred (including from the European Union to the United States), and your rights.
11.2 Where we want to use optional analytics, tracking technologies, or marketing communications that require your consent, we will ask for it separately. You can withdraw that consent at any time without affecting your participation.
11.3 Your agreement to this Agreement is not consent to processing of personal data. Our use of your personal data is governed by the Privacy Policy and applicable data protection law.
12. Breach of Confidentiality
12.1 If you breach Section 4, we may end your access immediately, ask you to remove any material you have posted or shared, and, where appropriate, seek a court order (such as an injunction) to stop or prevent further disclosure, in addition to any other remedies available under law.
13. Governing Law and Your Consumer Rights
13.1 This Agreement is governed by the laws of the State of Maryland, United States, without regard to its conflict-of-laws rules. Subject to Section 13.2, the state and federal courts located in Prince George's County, Maryland will have jurisdiction over any dispute.
13.2 If you live in the European Union or another country with mandatory consumer protection laws, you will still benefit from those laws of your country of residence, and you may bring proceedings in the courts of your country of residence. Nothing in this Agreement affects your statutory rights as a consumer.
14. General
14.1 Entire agreement. This Agreement and the Privacy Policy are the entire agreement between you and us about the Beta.
14.2 Changes. We may update this Agreement for the Beta by notifying you. If we make a material change, we will ask you to accept the updated Agreement by clicking "I agree" before you continue using the Beta. If you do not accept it, you may stop taking part. Changes will not apply retroactively.
14.3 Severability. If any part of this Agreement is found invalid or unenforceable, the rest remains in effect, and the affected part will be applied to the maximum extent permitted.
14.4 Assignment. You may not transfer this Agreement. We may transfer it to an affiliate, a successor to our business, or a company formed by us to own and operate the Beta, provided this does not reduce your rights.
14.5 Transfer to our company. We intend to form a company to own and operate the Beta. When formed, we may transfer this Agreement and all our rights and obligations (including rights in Feedback, Confidential Information, and the Beta) to that company without further consent. You agree to that transfer. We will notify you, and references to "we," "us," and "our" will then mean that company.
14.6 No waiver. If we do not enforce a right immediately, we do not lose it.
14.7 Export and sanctions. You confirm that you are not located in, or a resident of, a country or region subject to comprehensive U.S. or EU sanctions, and are not on any U.S. or EU sanctions list.
14.8 Electronic acceptance. You agree that ticking the acceptance box and clicking "I agree" is your electronic signature and has the same legal effect as signing this Agreement by hand. We will record your acceptance, including the date and time, your account details, and the version of this Agreement you accepted.
14.9 Your copy. We will email you a copy of this Agreement after you accept it.
14.10 Contact. Questions about this Agreement can be sent to [email protected].
Acceptance
☐ By ticking this box and clicking "I agree", I confirm that I am at least 18 years old, that I have read and understood this Agreement, and that I agree to be bound by it.
Our Privacy Policy at https://frienminder.com/privacy/ explains what frienminder collects and why, including the overall usage numbers we count to improve the beta (totals only; no outside analytics or tracking tools). Reading it is not consent to anything.
[ I agree to the Beta Tester Agreement ]
Agreement version: Version 1.0, October 26, 2026