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Beta Program Agreement

PLEASE READ THIS AGREEMENT CAREFULLY.
BY CLICKING “ACCEPT,” INSTALLING, ACCESSING, OR USING ANY PRE-RELEASE FEATURES, SERVICES, OR MATERIALS MADE AVAILABLE BY PAYMENTEVOLUTION, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT PARTICIPATE IN THE BETA PROGRAM.

This PaymentEvolution Beta Software Program Agreement (“Agreement”) governs your voluntary participation in the PaymentEvolution Beta Software Program (“Beta Program”). This Agreement overrides conflicting MSA terms only for Pre-Release Materials.

1. Purpose of the Beta Program

The Beta Program allows selected participants — including clients, accountants, bookkeepers, authorized partners, and internal reviewers (collectively, “Participants”) — to access pre-release, experimental, or evaluation versions of PaymentEvolution products, features, APIs, services, documentation, and related technology (“Pre-Release Materials”).

The Beta Program’s purpose is to:

evaluate usability, performance, reliability, and security;
gather structured feedback; and
improve future commercial versions.

Participation is voluntary and creates no partnership, agency, employment, or reseller relationship unless otherwise agreed in writing.

Beta access is offered exclusively to business users, administrators, partners, or authorized testers. It is not a consumer subscription service and is therefore excluded from Quebec consumer protection contract rules.

PaymentEvolution may modify or terminate the Beta Program at any time and for any reason.

2. Eligibility and Accounts

2.1 Age and Authority.
You must be of legal age in your jurisdiction and have authority to bind yourself or your organization.

2.2 Professional Advisors Included.
This Agreement applies equally to accountants, bookkeepers, payroll bureaus, advisors, and other professional administrators.

2.3 Account Security.
You are responsible for safeguarding login credentials, MFA, API keys, and access tokens. You must immediately notify PaymentEvolution of suspected compromise.

2.4 No Shared Access.
Except where expressly permitted, you may not share Pre-Release Materials or Beta access credentials with any third party.

3. Access to Pre-Release Materials

Pre-Release Materials may include:

early versions of SaaS features;
new modules or workflows;
API endpoints, webhooks, SDKs, or integrations;
AI-driven functionality;
configuration files, tools, and scripts;
documentation or design prototypes.

PaymentEvolution determines which Participants receive which materials and may revoke access at any time.

Pre-Release Materials may change frequently, may never be released commercially, and may be withdrawn without notice.

Pre-Release Materials are provided as-is, without warranties, solely for evaluation.

4. License Grant

Subject to strict compliance with this Agreement, PaymentEvolution grants you a non-exclusive, revocable, non-transferable, limited license to:

access and use Pre-Release Materials solely for testing, evaluation, and providing Feedback, and
only within a non-production environment unless expressly authorized.

No other rights are granted or implied.

You may not:

use Pre-Release Materials in production or for business-critical purposes;
resell, sublicense, copy, publish, or distribute Pre-Release Materials;
alter, modify, decompile, reverse engineer, or create derivative works, except as permitted by law;
use Pre-Release Materials to train or improve any AI/ML model without PaymentEvolution’s written consent.

Pre-Release Materials remain PaymentEvolution’s exclusive property.

5. Prohibited Uses

You must not:

use Pre-Release Materials in live payroll, payment, tax filing, benefits, HR, or compliance workflows unless explicitly approved;
bypass technical controls, rate limits, authentication, or sandbox rules;
scrape, automate, or simulate user interfaces without consent;
test using any real personal information except your own unless you have full authority under privacy law;
access or attempt to access other testers’ environments.

6. Feedback

You may provide feedback, suggestions, error reports, usage insights, or enhancement ideas (“Feedback”).
By providing Feedback, you grant PaymentEvolution a worldwide, perpetual, irrevocable, royalty-free license to use it for any purpose without restriction.

PaymentEvolution is not obligated to use Feedback or maintain confidentiality of Feedback unless explicitly marked and accepted as confidential by PaymentEvolution.

7. Confidentiality

7.1 Definition.
“Confidential Information” means all non-public information related to the Beta Program or Pre-Release Materials, including features, designs, performance metrics, security architecture, concepts, screenshots, outputs, and documentation.

7.2 Obligations.
You must:

maintain strict confidentiality;
prevent unauthorized access;
not disclose or publish any Confidential Information;
not discuss your participation publicly; and
notify PaymentEvolution of any unauthorized disclosure.

7.3 Exceptions.
Information is not confidential if it is:

publicly available without your breach;
independently developed;
already known to you lawfully;
disclosed with written permission.

PaymentEvolution may seek immediate injunctive relief for any breach.

8. Security, Privacy & Data Protection

8.1 Canadian Compliance.
Your testing activities must comply with:

PIPEDA
Quebec Law 25
applicable provincial privacy statutes
CASL
any other local privacy obligations

8.2 Test Data.
Unless explicitly approved, you must only test with:

synthetic data,
anonymized data, or
your own personal data.

Using employee, payroll, financial, or identifiable customer information is prohibited unless you have lawful authority from the data subjects.

8.3 AI & Automated Agent Behaviour.
Any automated agent (AI, script, RPA) acting under your credentials is deemed to be acting with your full authorization. You are responsible for errors, hallucinations, misuse, or unintended actions generated by automation.

8.4 Data Collection by PaymentEvolution.
PaymentEvolution may collect telemetry, logs, metadata, crash reports, usage patterns, and diagnostic information to improve the Beta Program.
All collection is subject to the PaymentEvolution Privacy Policy.

9. No Support or Maintenance

PaymentEvolution is not obligated to provide support for Pre-Release Materials.
Any optional support is:

at PaymentEvolution’s discretion,
may be discontinued at any time, and
does not create future obligations.

10. No Warranty

ALL PRE-RELEASE MATERIALS ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT WARRANTY, including any implied warranties of merchantability, fitness for a particular purpose, accuracy, reliability, or non-infringement.

Pre-Release Materials may:

be incomplete,
contain errors or defects,
result in data corruption or loss,
be unstable or insecure,
function differently than released versions.

11. Disclaimer of Liability

TO THE MAXIMUM EXTENT PERMITTED BY CANADIAN LAW:

YOU ASSUME ALL RISKS ASSOCIATED WITH TESTING.
PAYMENTEVOLUTION IS NOT RESPONSIBLE FOR LOSS OF DATA, BUSINESS INTERRUPTION, DAMAGE, COSTS, OR OTHER HARM.
PAYMENTEVOLUTION’S TOTAL LIABILITY SHALL NOT EXCEED $50 CAD.
PAYMENTEVOLUTION SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES.

These limitations apply even if essential remedies fail.

12. Term & Termination

Either party may terminate at any time, for any reason or no reason.

Upon termination, you must:

stop using Pre-Release Materials,
destroy all Confidential Information, and
stop referencing or relying on any pre-release outputs.

Sections Confidentiality, Feedback, Liability, Restrictions, Data Protection, and Termination survive.

13. Export & Sanctions Compliance

You may not export or re-export Pre-Release Materials:

to embargoed countries;
to persons on Canadian sanctions or denied lists;
for prohibited activities under Canadian law (including weapons or dual-use technologies).

You represent that you are not subject to such restrictions.