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Beta program terms

Terms for Beta Versions

Rubysoft B.V.

Exa 12

6902 KH Zevenaar

The Netherlands

Dutch Chamber of Commerce (KvK): 30169161

VAT ID: NL810606136B01

Website: www.rubysoft.eu

Email: support@rubysoft.eu

Document Control

Property Value
Document Beta Program Terms
Organization Rubysoft B.V.
Version 2.0
Status Final
Language English (US)
Scope Rubysoft Beta Versions and testing programs
Effective date Date of publication

1. Purpose and applicability

  1. These Beta Program Terms apply when Rubysoft makes a preliminary version of Software or functionality available for testing, evaluation, or development purposes.

  2. They supplement the General Terms of Delivery and License, Acceptable Use Policy, and any specific arrangements for the relevant Beta Program. Specific written Beta arrangements prevail in the event of a conflict.

  3. Participation is voluntary unless expressly agreed otherwise.

2. What is a Beta Version?

  1. A Beta Version is Software or functionality still under development and not yet released by Rubysoft as a final production version.

  2. It may be incomplete, contain known or unknown errors, behave differently from the Documentation, or change during the program.

  3. Beta functionality need not be included in the same form in a final release and may be changed or removed entirely.

  4. Labels such as beta, preview, test, experimental, early access, or similar designations may be treated as Beta Versions for these Terms.

3. Availability

  1. Rubysoft determines which customers or users receive access and may apply technical, commercial, or practical selection criteria.

  2. Access is personal or organization-specific and may not be transferred to third parties without prior permission.

  3. Rubysoft may expand, restrict, interrupt, or terminate Beta access at any time. Making a Beta Version available creates no right to future availability, continued development, or commercial release.

4. Use for testing purposes

  1. A Beta Version is primarily intended for testing and evaluation. Participants must take appropriate precautions in view of its preliminary nature.

  2. Rubysoft recommends that Beta Versions not be used for business-critical production processes where an error, data loss, or temporary outage could have serious consequences.

  3. If a participant nevertheless uses a Beta Version in production, this is at the participant's own risk to the extent permitted by law.

  4. Participants must maintain current backups of data that may be affected.

5. Installation and compatibility

  1. A Beta Version may have different system requirements from regular Software and Rubysoft may require specific versions of SketchUp, Rubysoft Window, or supporting software.

  2. A Beta Version may be incompatible with older versions, third-party plugins, project files, or other software.

  3. Where reasonably possible, participants should verify before use that they can return to a regular version and should create appropriate backups.

6. Updates and changes

  1. Rubysoft may release new builds, Updates, or changes during the Beta Program and may require use of a new Beta Version to continue testing or address security or compatibility issues.

  2. An Update may add, change, or remove functionality and may affect data created with earlier Beta Versions.

  3. Rubysoft will communicate relevant limitations or known risks where reasonably possible.

7. Feedback

  1. Beta Programs are intended in part to collect practical experience and feedback. Participants are therefore encouraged to report errors, unexpected behavior, compatibility issues, and suggestions.

  2. Feedback, ideas, suggestions, and error reports may be used by Rubysoft free of charge and without further permission for development, improvement, documentation, and commercialization of its products and services.

  3. Participants retain their rights in their own project files, designs, and other materials submitted with a report. Rubysoft will not disclose confidential business information contained in those materials.

8. Error reports and diagnostics

  1. Rubysoft may require additional error or diagnostic information to investigate Beta issues and will not process more data than reasonably necessary for testing, securing, and improving the Beta Version.

  2. Project files are provided only where the participant uploads or otherwise expressly makes them available.

  3. If future Beta Versions use additional automatic diagnostics, Rubysoft will clearly describe their nature and purpose.

  4. Rubysoft's Privacy Policy and, where applicable, DPA apply to Personal Data.

9. Confidentiality

  1. Rubysoft may designate a Beta Version, Documentation, or information about unreleased functionality as confidential.

  2. If a Beta Program is clearly designated confidential, participants may not disclose non-public information without prior written consent.

  3. This restriction does not apply to information already lawfully public, independently developed without confidential information, or required to be disclosed by law.

  4. If Rubysoft has not imposed confidentiality, participants may share general experiences subject to intellectual property, privacy, and other applicable terms.

10. Intellectual property

  1. All intellectual property rights in Beta Versions and related Documentation remain with Rubysoft or its licensors.

  2. The participant receives only a temporary, limited, non-exclusive, non-transferable right of use for the duration and purpose of the Beta Program.

  3. The Beta Version may not be sold, rented, sublicensed, reproduced, or used to develop a competing product except where mandatory law provides otherwise. Rubysoft's Acceptable Use Policy applies in full.

11. Support

  1. Rubysoft may support Beta Versions, but regular support terms and response times do not automatically apply to experimental functionality.

  2. Rubysoft determines the priority of Beta reports and is not required to resolve every reported issue during the program.

  3. For a business-critical issue, Rubysoft may recommend returning to a regular supported version where technically possible.

12. No warranty of production suitability

  1. Beta Versions are made available in their current development state.

  2. Rubysoft does not warrant that a Beta Version is error-free, complete, permanently available, compatible with all environments, or suitable for a specific production process.

  3. To the extent permitted by law, Rubysoft does not warrant that data created with a Beta Version will remain usable without modification in later Beta or final versions.

  4. Nothing in this Article limits rights that cannot be excluded under mandatory law.

13. Liability

  1. The increased technical risk of a Beta Version is inherent in the voluntary testing nature of the program.

  2. The participant is responsible for backups, checks, and the decision whether to use a Beta Version in production.

  3. Rubysoft's General Terms govern liability to the extent permitted by mandatory law.

  4. Rubysoft is not liable, to the extent legally permitted, for loss resulting solely from ignoring a clearly communicated warning about the experimental nature or a known risk of a Beta Version.

14. Security issues

  1. A participant discovering a potential security vulnerability must report it confidentially to Rubysoft as soon as reasonably possible.

  2. The participant must not exploit a vulnerability or seek access to data or systems without authorization.

  3. Rubysoft may request temporary confidentiality of technical details while reasonably necessary to investigate and remedy a security risk.

  4. A report does not entitle the participant to compensation or a reward unless Rubysoft agreed to this in writing in advance.

15. Ending participation

  1. A participant may end participation at any time to the extent technically possible.

  2. Rubysoft may end a Beta Program or individual access at any time, including when the program is completed, functionality is withdrawn, security risks arise, or the participant violates applicable terms.

  3. After termination, Rubysoft may require removal of the Beta Version or replacement with a regular version. Ending a Beta Program does not automatically terminate the Customer's regular License.

16. Transition to final Software

  1. If Beta functionality is released as final Software, Rubysoft determines the License, product variant, price, and additional terms under which it is offered.

  2. Participation does not automatically create a right to free access to the final commercial functionality unless Rubysoft expressly promised this.

  3. Data migration or conversion from a Beta Version to a final version is guaranteed only if Rubysoft expressly states so.

17. Changes to these Terms

  1. Rubysoft may amend these Beta Program Terms where Beta Program design, technology, security requirements, or law require it.

  2. The current version will be made available via the website, Software, or electronically. Material changes affecting an ongoing Beta Program will be communicated in advance where reasonably possible.

18. Contact

  1. Questions, feedback, and reports concerning a Beta Version may be sent to support@rubysoft.eu.

  2. Rubysoft B.V. is located at Exa 12, 6902 KH Zevenaar, The Netherlands.

19. Citation title

  1. These terms may be cited as: Beta Program Terms Rubysoft B.V. – version 2.0.