Meta Quest for Business

Open Beta Testing Program Terms of Use

Last Updated: June 27, 2023

THE META QUEST FOR BUSINESS OPEN BETA TESTING PROGRAM (“BETA PROGRAM”) IS MADE AVAILABLE BY META PLATFORMS, INC., YOU REPRESENT AND WARRANT THAT YOU ARE ENTERING INTO THESE OPEN BETA TESTING PROGRAM TERMS OF USE, INCLUDING THE APPLICABLE SERVICE TERMS (AS DEFINED IN SECTION 1 BELOW, TOGETHER, “TERMS”), ON BEHALF OF A COMPANY, ORGANIZATION OR OTHER LEGAL ENTITY (SEE SECTION 4 - ELIGIBILITY REQUIREMENTS BELOW), AND THAT YOU HAVE FULL AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS. REFERENCES TO “YOU” OR “YOUR” MEAN SUCH ENTITY, AND REFERENCES TO “META”, “WE”, “OUR”, OR “US” MEAN META PLATFORMS, INC., ON BEHALF OF ITSELF AND ITS AFFILIATES. THESE TERMS ARE EFFECTIVE AS OF THE DATE YOU AGREE TO THESE TERMS, AND THESE TERMS WILL REMAIN IN EFFECT UNTIL THEY EXPIRE OR ARE TERMINATED AS PROVIDED HEREIN.

Supported Countries: United States, Canada, United Kingdom and Japan

1. Applicable Service Terms. As part of our Beta Program, we have developed pre-release test software and services for use on certain Quest Devices (as defined below in this section), and may, in our sole discretion, make one or more of these Beta Services (as defined in Section 3 below) available to you as part of the Beta Program in one or more of the supported countries listed above (the “Supported Countries”). In addition to these terms, your use of the Beta Services, and any non-beta products and services that you may use in connection therewith, is also governed by one or more of the following terms as set forth below, in each case as may be updated by us at any time (the “Applicable Service Terms”):

   1. Commercial use of Meta Quest Devices and other Meta Quest-branded products, applications and services are governed by the Supplemental Meta Platforms Technologies Terms of Service provided at https://www.meta.com/legal/supplemental-terms-of-service, as supplemented by the Meta Platforms Technologies Commercial Terms provided at https://www.meta.com/legal/quest/commercial-terms. References to “Quest Devices” herein mean the Meta Quest-branded devices known as Meta Quest 2 and Meta Quest Pro, as well as any other Meta Quest-branded devices that support the use of the Beta Services.

   2. Quest Device units purchased by you in connection with the Beta Services will, if purchased from Meta Platforms Technologies, LLC, be subject to the Terms and Conditions of Sale, provided athttps://www.meta.com/legal/terms-of-sale/ or, if purchased from an authorized reseller, be subject to any separate terms and conditions of sale with such reseller.

   3. Additional Beta Services may be governed by separate terms, rules or policies that we will make available to you with such Beta Services.

   Except to the extent modified by these terms, the provisions of the Applicable Service Terms continue in full force with respect to your use of those products and the Beta Services (including, without limitation, the governing law, dispute resolution, and miscellaneous provisions of the Applicable Service Terms). In the event of a conflict or inconsistency between these terms and the Applicable Service Terms, these terms will prevail with respect to your use of the Beta Services to the extent of such conflict or inconsistency.

2. Updates to these Terms. We may update these Terms from time to time by notifying you of the updated Terms by any reasonable means, including by posting the updated Terms on or through the Beta Services. Any changes to these Terms will not apply to any dispute between you and us arising prior to the date on which we posted the updated Terms incorporating such changes, or otherwise notified you of the updated Terms. Your use of any of the Beta Services following any changes to these Terms will constitute Your acceptance of such changes. The “Last Updated” legend above indicates when these Terms were last changed.

3. Beta Services. We may, in our discretion, make one or more of the following services and applications available to you, pursuant to these Terms, as part of the Beta Program (the “Beta Services”); provided, however, that Meta may add or remove services or applications, in its discretion, during the Beta Period (as defined below):

   1. “Quest Device Manager”means the administrator web service and corresponding client-side software on Quest Devices that allow you to provision and manage certain aspects of Quest Devices, and to distribute Work Apps (as defined in Section 5(c)) to End Users.

   2. “Work Accounts”means the End User (as defined in Section 4 below) accounts that you create and authorize through Meta Work Admin Center (as defined in Section 3(c) below) in order for End Users to access the Beta Services through the use of Quest Devices.

   3. “Meta Work Admin Center” means the administrator web service that allows you to provision, add, remove, and otherwise manage Work Accounts.

4. Eligibility Requirements. To be eligible, and to remain eligible, for the Beta Program, you must be a company, organization, or other legal entity, and not an individual, and such legal entity must be located in a Supported Country. Each individual whom you permit to access or use the Beta Services must be an employee or other authorized personnel associated with your legal entity (and only for so long as so employed or associated) or an end user that you allow to use your Quest Device(s) under your supervision and control, must be at least 16 years of age (provided that your administrators must be at least 18 years of age), must reside in a Supported Country, must not be a person sanctioned by the government of a Supported Country (as applicable) unless required approvals have been obtained in advance from the appropriate government, must have a Work Account provided to such individual by you, and must accept the applicable terms and conditions governing such individual’s access to and use of the Quest Device and Beta Services (such individual, for so long as these eligibility requirements are met, an “End User”).

5. Your Use of the Beta Services.

   1. Your Usage Rights. During the Beta Period, Meta grants to you a non-exclusive, non-transferable, non-sublicensable right to access and use the Beta Services in accordance with these Terms. Use of the Beta Services is limited to your End Users, and you are responsible for: (i) complying with all legal obligations that you owe to End Users in connection with their use of Quest Devices and/or their use of the Beta Services; and (ii ) all acts and omissions of End Users, including their compliance (or failure to comply) with these Terms, instructions and warnings provided with Quest Devices, and their access to, and use of, the Beta Services. Any act or omission by any End User that, if such act or omission had been taken or not taken by you would constitute a breach of these Terms, shall be deemed a breach of these Terms by you. For clarity, the Beta Services are provided as a service to you, not to an End User individually (i.e., an End User accesses and uses the Beta Services solely on your behalf). Notwithstanding anything to the contrary in the Applicable Service Terms, in the event of a dispute, Meta will bring claims under any Applicable Service Terms against you as an entity (and not against individual End Users) unless Meta deems it necessary in its sole discretion to preserve or pursue a claim or action. If you add Quest Devices to the Beta Services that are owned by an End User, you represent and warrant to Meta that the End User has authorized you to add such devices, that you have control of such devices, and that you have the authority to accept the Applicable Service Terms on behalf of the End User.

   2. Work Accounts. Your registration and administrator account information must be accurate, complete, and kept up to date. Work Accounts are for individual End Users, are created and managed by you, and cannot be shared or transferred (without our permission). No individual End User may have more than one Work Account associated with them. You control and are responsible for: (i) the accuracy and content of End User or device profile information that you submit to Meta Work Admin Center; (ii) all Work Accounts and End Users’ access thereto, including creating, provisioning, disabling, or deleting Work Accounts and ensuring that your use of the Meta Work Admin Center complies with the Terms; (iii) End Users’ access to and use of Work Apps, and (iv) your decision to share any other personal information we receive from you, your administrator and End Users through the Beta Services among End Users or any third parties. We are not responsible for: (x) the internal management or administration of Work Accounts for you or your administrators and End Users; or (y) use, access, alteration, distribution, or deletion of “Beta Services Data” by those to whom you or your End Users make it available. “Beta Services Data” means: (1) information that you submit to Meta Work Admin Center, including End User and device profile information, (2) data generated through creating, provisioning, disabling, or deleting Work Accounts, and (3) data regarding permissions granted to End Users’ Work Accounts to access Work Apps. In addition, you must keep all login credentials confidential and agree to notify Meta immediately if you discover any unauthorized use of your accounts or login credentials.

   3. Work App Distribution. You represent and warrant that: (i) you have all necessary rights with respect to any Work Apps (as defined below); (ii) you and your End-Users will only use application distribution features within Quest Device Manager to distribute and use Work Apps solely for your business purposes; and (iii) you are responsible for hosting, managing, maintaining, and supporting any Work Apps. Meta maintains no responsibility for reviewing, managing, maintaining, or supporting your Work Apps. “Work Apps” mean those Quest Device applications hosted by your organization that you distribute to End Users via Quest Device Manager and which End Users access through the use of Work Accounts.

   4. Restrictions. You will not (and will not permit anyone else to): (i) use the Beta Services on behalf of any third party, or rent, lease, provide access to, or sublicense the Beta Services to any third party, except to End Users as permitted herein or as otherwise approved in writing by Meta; (ii) except to the extent such restriction is prohibited under applicable law, disassemble, decompile, reverse engineer, decrypt, or attempt to derive any code or extract software from any Beta Services; (iii) copy, modify, or create derivative works of the Beta Services; (iv) remove, modify, or obscure any proprietary or other notices contained within the Beta Services; (v) publicly disseminate technical information regarding the performance of the Beta Services; or (vi) use the Beta Services except as expressly authorized under Section 5(a) above.

6. Beta Services Data and Quest Data.

   1. US Privacy Laws. Notwithstanding anything to the contrary in the Applicable Service Terms, to the extent you are a Business under the California Consumer Privacy Act or Controller under the Connecticut Data Privacy Act, Colorado Privacy Act, Utah Consumer Privacy Act or Virginia Consumer Data Protection Act (collectively, “US Privacy Laws”), the Beta Services Data contains personal information regulated by such US Privacy Laws, and to the extent it is required of Service Providers, Processors or Contractors, as relevant, by US Privacy Laws, Meta will:

      1. process Beta Services Data as a Service Provider or Processor on your behalf to provide the Beta Services or as otherwise permitted by US Privacy Laws, and not otherwise retain, use or disclose such data;

      2. not “sell or “share” (as those terms are defined in applicable US Privacy Laws) Beta Services Data;

      3. except to perform a Business Purpose or as otherwise permitted by US Privacy Laws, not combine Beta Services Data with other data Meta receives from or on behalf of another person or collected from Meta’s own interactions with the End User;

      4. notify you if Meta can no longer meet its obligations under Section 6(a);

      5. ensure that Meta’s personnel that process Beta Services Data are subject to a duty of confidentiality with respect to such data;

      6. delete or deidentify Beta Services Data stored by Meta as soon as reasonably possible upon termination of these Terms, unless retention is required or permitted by law;

      7. make available upon reasonable request information necessary for you to demonstrate your compliance with US Privacy Laws as a Business under the Terms;

      8. upon your reasonable written request, and subject to the confidentiality obligations set out in the Terms, make available to you no more than once in any 12-month period, information regarding Meta’s compliance with its data processing obligations under Section 6(a) in the form of such third-party certifications and/or audit reports as Meta may deem appropriate to be carried out as part of its own internal audit programs; and

      9. subject any sub-processor that processes Beta Services Data to a written agreement which imposes obligations on the sub-processor no less onerous than are imposed on Meta under Section 6(a). You hereby authorize Meta to engage other entities affiliated with Meta as its sub-processor(s). Meta shall notify you of any additional sub-processor(s) in advance. If you reasonably object to such additional sub-processor(s), you may inform Meta in writing of the reasons for your objections. If you object to such additional sub-processor(s), you should stop using the Beta Services and providing Beta Services Data to Meta.

   2. UK Privacy Laws. Within this Section 6(b), "UK GDPR" means the General Data Protection Regulation (Regulation (EU) 2016/679), as amended and incorporated into the laws of England and Wales, Scotland and Northern Ireland, and "Controller", "Data Processor", "Data Subject", "Personal Data", "Personal Data Breach" and "Processing" shall have the same meanings as are defined in the UK GDPR. "Processed" and "Process" shall be construed in accordance with the definition of "Processing". All other defined terms herein shall have the same meanings as are defined elsewhere in these Terms. To the extent Meta processes Personal Data contained within Beta Services Data (“Your Personal Data”) as a Data Processor, Meta will:

      1. only Process Your Personal Data in accordance with your instructions as set out in these Terms;

      2. ensure that Meta’s personnel that Process Your Personal Data are subject to a duty of confidentiality with respect to such data;

      3. implement appropriate technical and organizational measures designed to protect Your Personal Data;

      4. assist you by appropriate technical and organizational measures, insofar as this is possible through the Beta Services, to enable you to fulfill your obligations, if any, under applicable privacy and data protection laws, to respond to requests for the exercise of rights by a Data Subject for the exercise of their Data Subject rights.

      5. assist you in ensuring compliance with your obligations pursuant to Articles 32 to 36 of the UK GDPR, taking into account the nature of the Processing and the information which is available to Meta;

      6. on termination of these Terms, delete Your Personal Data pursuant to these Terms, unless applicable law requires Your Personal Data to be retained.

      7. make available to you all information that is reasonably necessary to demonstrate Meta's compliance with its obligations as a Processor under Article 28 of the UK GDPR.

      8. upon your reasonable written request, and subject to the confidentiality obligations set out in these Terms, make available to you no more than once in any 12-month period, information regarding Meta’s compliance with its data processing obligations under Section 6(b) in the form of third-party certifications and/or audit reports as Meta may deem appropriate to be carried out as part of its own internal audit programs;

      9. subject any sub-Processor that processes Beta Services Data to a written agreement which imposes obligations on the sub-Processor no less onerous than are imposed on Meta under Section 6(b). You hereby authorize Meta to engage other entities affiliated with Meta, and other third parties, as its sub-Processor(s). Meta shall notify you of any additional sub-Processor(s) in advance. If you reasonably object to such additional sub-Processor(s), you may inform Meta in writing of the reasons for your objections. If you object to such additional sub-Processor(s), you should stop using the Beta Services and providing Beta Services Data to Meta.

      10. to the extent required by privacy and data protection laws applicable to you as the Controller, Meta will notify you without undue delay of the discovery by Meta of a Personal Data Breach involving the Personal Data Processed under these Terms. Such notice will include, where possible at the time of notification, or as soon as possible after notification, details of the nature of the Personal Data Breach and number of records affected, the category and approximate number of affected Data Subjects, the anticipated consequences of the Personal Data Breach and any actual or proposed remedies for mitigating its possible adverse effects..

      11. You acknowledge and instruct Meta that in order to provide the Beta Services as agreed in these Terms, Beta Services Data is transferred to or made available to a data importer located in a third country (“International Data Transfer”). International Data Transfers are subject to the UK Data Transfer Addendum as further specified in Appendix A to these Terms and form part of and are incorporated into these Terms..

      12. This Agreement describes the nature, purpose and subject matter of the processing (and any sub-processing), the type of personal data and categories of data subjects, and determines the duration of the processing.

   3. Quest Data. Outside of the Beta Services Data, nothing in these Terms affects Meta’s right to collect, use, retain, and share data and other information obtained by or through the Quest Devices (collectively, “Quest Data”) in accordance with the Applicable Services Terms and related data policies, including the Meta Privacy Policy (https://www.facebook.com/policy) and the Supplemental Meta Platforms Technologies Privacy Policy (https://www.meta.com/legal/quest/privacy-policy/). For the avoidance of doubt, Quest Data includes data and other information that Meta receives from End Users when the End User accesses non-Work Apps application on a Quest Device and does not include Beta Services Data. You acknowledge that all Quest Data, will be subject to the Applicable Service Terms and that you have no rights relating to and Meta is not obligated to provide or make available any information to you related to Quest Data and an End User’s personal consumer account(s).

   4. Your Representations. You represent and warrant to Meta that: (i) you have provided all notices to and hold and shall continue to maintain throughout the Beta Period all necessary authorizations, permissions, licenses, rights, and consents required by law, including applicable privacy laws, from your End Users and any applicable third parties relating to the collection, distribution, use, and processing of Beta Services Data as contemplated by these Terms; (ii) you will comply with all applicable requirements of applicable privacy laws, and (iii) you and your End Users’ use of Meta Work Admin Center, including use of Beta Services Data hereunder, will not violate any laws or third-party rights, including intellectual property, privacy, or publicity rights. If any Beta Service Data is submitted or used in violation of this subsection, you shall promptly remove it from Meta Work Admin Center.

   5. Legal Disclosures and Third-Party Requests. You are generally responsible for responding to third-party requests regarding your Beta Services Data, such as from regulators, End Users, or a law enforcement agency (“Third-Party Requests”), but you understand that, in response to a Third-Party Request, Meta may disclose your Beta Services Data to comply with its legal requirements. In such circumstances, we will, to the extent allowed by law and by the terms of the Third-Party Request, use reasonable efforts to: (i) notify you of our receipt of a Third-Party Request and ask the third party to contact you; and (ii) comply with your reasonable requests regarding your efforts to oppose a Third-Party Request at your expense. You will first seek to obtain the information required to respond to the Third-Party Request on your own, and will contact us only if you cannot reasonably obtain such information.

   6. Third-Party Services and Products. If you choose to download, install, enable, access, or use, third-party services or products, such as third-party mobile device management (“MDM”) services that operate with the Beta Services but are not a part of the Beta Services, then the Beta Services may allow such products or services to access Quest Data as required for the use of those additional services. Certain of those third-party products or services may also provide access to Beta Services Data to Meta, such as if you allow your End Users to sign into the Beta Services through federated identity providers. You are not required to use such additional products or services in relation to the Beta Services, and your administrator may restrict the use of such additional products or services in accordance with these Terms. Prior to downloading, installing, enabling, accessing, or using third-party products or services for use with the Beta Services, you should review the terms, policies and practices of the third-party products and services to understand what data they may collect from your End Users, how the data may be stored, shared, and used, and, if applicable, whether such practices are consistent with any consents you have obtained.

7. Quest Devices.

   1. During the Beta Period (as defined below), you acknowledge that we may remotely update or factory reset, or replace, any Quest Device at any time and for any reason. You will ensure that each End User has received instructions, safety warnings and appropriate training for the Quest Devices and has agreed to the Applicable Service Terms. To the extent the Quest Devices or the Beta Services are configured to require the End User to receive certain notices, provide certain permissions, make certain elections, or perform certain actions, you will ensure that the End User completes those actions personally (and not that any other person completes any of those actions on behalf of the End User).

   2. You also acknowledge that if you choose to use or enable a third-party MDM service with the Beta Services, upon deactivating an End User’s Work Account, it is your responsibility to ensure that you manually factory reset the End User’s Quest Device from the third-party device manager, otherwise the End User will not lose access to Work Apps.

   3. You further acknowledge and agree that, after and upon logging into a Quest Device with a Work Account, such Quest Device will no longer be capable of supporting multiple user accounts, and you will notify each End User of such limitation.

8. Term; Termination. The term of the Beta Program shall end upon the earlier of Meta’s written notice of termination of the Beta Program (which may be provided by email, via an administrator web service, or similar means) or the date of general availability of the Quest Device Manager (“Beta Period”). Upon the end of the Beta Period, these Terms will expire. Your continued use following the end of the Beta Period of any of the services constituting Beta Services hereunder (to the extent permitted by Meta) will be governed by the Applicable Service Terms as well as any other terms that apply to such services. We reserve the right to withdraw, discontinue, or terminate the Beta Program or one or more of the Beta Services (in whole or in part), or to terminate or suspend your or a specific End User’s use of the Beta Program, Beta Services, at any time in our discretion, with or without notice to you, at which time the relevant Work Account(s) may be deactivated or deleted. You may discontinue your use of the Beta Services and participation in the Beta Program at any time upon notice to Meta, in which case these Terms would terminate as between you and us. Upon termination of your participation in the Beta Program: (i) you will destroy all software, documentation, and materials provided in connection with the Beta Program, as instructed by Meta; (ii) unless instructed otherwise by us in writing (email being sufficient), you will promptly factory reset the Quest Devices; and (iii) all Work Accounts may be deactivated or deleted, and access to the Meta Work Admin Center withdrawn, at our discretion. You will notify each End User that Quest Devices used in connection with the Beta Program may be factory reset (which will result in complete loss of associated information, data, and/or content on such Quest Devices, including any personal information, data, and/or content of the applicable End User stored on the Quest Device prior to its enrollment in the Beta Program) with no prior notice to the End User. The Applicable Service Terms, and Sections 1, 2, 3, 5(d), 6 through 8, 10, and 12 through 19 of these terms, will survive any termination or expiration of these Terms and/or the end of the Beta Period and shall continue in full force and effect.

9. Scope and Use of Beta Services. You acknowledge and agree that the Beta Program and Beta Services may be modified by us from time to time in our discretion and any reliance on the Beta Services is at your own risk. You agree to use, and cause your End Users to use, the Beta Services consistent with applicable laws and in compliance with the Applicable Service Terms.

10. Publicity. We may request permission to use your company name and logo in connection with the marketing and promotion of the Beta Services you have used. If you agree to such a request, you grant to us a non-exclusive, royalty-free, perpetual right to use your company name and logo in connection with the marketing and promotion of the Beta Services or any features of such Beta Services. In addition, you acknowledge that we may choose not to: (i) publicly announce the availability of the Beta Services; or (ii) make the Beta Services available to others in the future..

11. Limited Obligations; Support. During the Beta Period and subject to your compliance with these Terms, Meta will provide limited remote support to you to access the Quest Device Manager and certain other Beta Services, set up the Quest Devices, and create Work Accounts. Meta will also make available materials regarding use of specific features of the Beta Services and access to tools to submit support requests and provide Feedback (as defined in Section 15 below). Except for the foregoing limited support services, we are not obligated to provide any training, maintenance, or technical or other support for the Beta Services.

12. Confidentiality. All information or data received from, provided by, or made available by Meta through the Beta Program or the use of the Beta Services, including any Feedback (as defined below), are considered confidential information of Meta (“Confidential Information”), and you agree to keep all Confidential Information strictly confidential. You agree not to discuss, disclose, or reveal, and to cause your authorized employees, agents, and representatives to not discuss, disclose or reveal, any Confidential Information to or with anyone other than: (i) your End Users who are subject to obligations of confidentiality and restricted use no less stringent than those contained in these Terms; or (ii) with our written consent (e-mail being sufficient), third parties who participate in the Beta Program and have agreed to these Terms. You also agree to use the same degree of care to protect the Confidential Information as you use to protect your own most highly confidential information (but in no circumstances less than reasonable care), and to be liable for any noncompliance of these Terms by your employees, agents, and representatives. The foregoing obligations do not apply to Confidential Information that Meta has publicly announced.

13. Ownership of Intellectual Property. You agree that as between Meta and you, Meta owns and will retain all legal right, title, and interest in and to the Beta Program and Beta Services, including all intellectual property rights therein. Except for the licenses provided in these Terms and the Applicable Service Terms, no other rights or permissions to any of the Beta Services is granted. All rights in and to the Beta Program and Beta Services that are not expressly granted to you under these Terms are reserved and retained by Meta.

14. Feedback.

    1. If you submit to us any comments, questions, suggestions, use cases (whether actual or proposed), problems, issues, ideas, results, or other feedback relating to your use of the Beta Services (“Feedback”), we may freely use and otherwise exploit such Feedback in connection with any of our products or services or those of any of our affiliates or business partners, without obligation or compensation to you. You hereby assign to Meta all rights, titles, and interest in and to any Feedback, without any right to compensation from Meta, and nothing in these Terms or in the parties’ dealings arising out of or related to these Terms or the Beta Services will restrict Meta’s right to use, profit from, disclose, publish, keep secret or otherwise exploit any Feedback, without compensating or crediting you, the individual employee, or other authorized personnel providing such Feedback.

    2. You acknowledge that, during the Beta Program, you may be contacted by Meta and asked to provide Feedback through, or participate in: (i) regularly scheduled technical calls as mutually agreed; and (ii) surveys, interviews, or focus groups involving admins, End Users, and/or business decision makers.

15. DISCLAIMER OF WARRANTIES. THE BETA SERVICES AND THE BETA PROGRAM ARE PROVIDED “AS IS”. THE BETA SERVICES MAY CONTAIN ERRORS, BUGS, OR OTHER PROBLEMS THAT MAY CAUSE SYSTEM FAILURE, AND META SHALL HAVE NO OBLIGATION TO CORRECT ANY SUCH ERRORS, BUGS, OR OTHER PROBLEMS. META EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) REGARDING THE BETA SERVICES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU RETAIN THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE BETA SERVICES AND WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO TO ANY END USER, YOUR SYSTEM AND/OR LOSS OF DATA THAT RESULTS FROM SUCH USE. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM META OR THROUGH THE BETA SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

16. LIMITATIONS OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, META AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING LOSS OF PROFITS), ARISING OUT OF OR RELATED TO ANY ASPECT OF THE BETA PROGRAM, USE OF THE BETA SERVICES, OR THESE TERMS, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING CONTRACT AND TORT), EVEN IF META OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY STATED HEREIN. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE AGGREGATE MAXIMUM LIABILITY OF META AND ITS AFFILIATES RELATED TO ANY ASPECT OF THE BETA PROGRAM, THE BETA SERVICES, OR THESE TERMS SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS (USD $100).

17. Dispute Resolution.

    1. Except as expressly set forth in subsection (b) below, you agree to arbitrate any claim, cause of action, or dispute between you and Meta that arises out of or relates to these Terms or your use of the Beta Program and Beta Services (“Claim”) in accordance with this subsection (a).

       We and you agree that, by entering into these Terms, each of us is waiving its respective rights to a trial by jury or to participate in a class or representative action. THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. You may bring a Claim only on your own behalf and cannot seek relief that would affect other parties. If there is a final judicial determination that any particular Claim (or a request for particular relief) cannot be arbitrated according to the limitations of this subsection (a), then only that Claim (or only that request for relief) may be severed and brought in court pursuant to subsection (b) below. All other Claims (or requests for relief) will remain subject to this subsection (a). The Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision. Other than as expressly set forth in subsection (b) below, all issues are for an arbitrator to decide, except that only a court may decide issues relating to the scope or enforceability of this arbitration provision or the interpretation of the prohibition of class and representative actions (such issue to be resolved in accordance with subsection (b)).

       If any party intends to seek arbitration of a dispute, that party must provide the other party with notice in writing. This notice of dispute to us must be sent to the following address: Meta Platforms, Inc., 1601 Willow Rd. Menlo Park, CA 94025. The arbitration will be conducted by a single neutral arbitrator and will be governed by the AAA’s Commercial Arbitration Rules (“AAA Rules”), as modified by these Terms, and will be administered by the AAA. If the AAA is unavailable, the parties will agree to another arbitration provider or the court will appoint a substitute. The arbitrator will not be bound by rulings in other arbitrations in which you are not a party. To the fullest extent permitted by applicable law, any evidentiary submissions made in arbitration will be maintained as confidential in the absence of good cause for its disclosure. The arbitrator’s award will be maintained as confidential only to the extent necessary to protect either party’s trade secrets or proprietary business information or to comply with a legal requirement mandating confidentiality. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA Rules, except that we will pay for your filing, administrative, and arbitrator fees if your Claim for damages does not exceed USD $75,000 and is non-frivolous (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

    2. Claims relating to the following are not subject to arbitration pursuant to subsection (a) above: (i) violations of your or our intellectual property rights, including, but not limited to, copyright infringement, patent infringement, trademark infringement, violations of Meta’s brand usage guidelines (provided at https://www.facebook.com/brand/resources), violations of your or our confidential information or trade secrets; and (ii) efforts to interfere with the Beta Services or Quest Devices or engage with the Beta Services or Quest Devices in unauthorized ways (for example, automated ways). If a Claim between you and Meta is not subject to arbitration, you and Meta agree that such Claim must be resolved exclusively in the U.S. District Court for the Northern District of California or a state court located in San Mateo County, and that you submit to the personal jurisdiction of either of these courts for the purpose of litigating any such Claim. Without prejudice to the foregoing, you agree that Meta, in its discretion, may bring any Claim it has against you related to efforts to abuse, interfere, or engage with the Beta Services or Quest Devices in unauthorized ways in any competent court in the jurisdiction in which you reside that has jurisdiction over the Claim.

    3. All Claims between us, whether subject to arbitration or not, will be governed by California law, excluding California’s conflict of laws rules, except to the extent that California law is contrary to or preempted by U.S. federal law.

18. Transfer and Trade Compliance. You will comply with all applicable U.S. and non-U.S. export controls, import controls and trade sanctions laws (“Trade Laws”). You will not use or download, allow others to use or download, or otherwise transact with / within any Quest Device or Beta Services if you or they are located in a country or region subject to relevant trade sanctions, if you or they are listed on any US or other Supported Country government restricted parties list, or for any purpose prohibited by Trade Laws. You will not disguise your location through IP proxying or other methods to circumvent this restriction. You will not, and will not allow others to, directly or indirectly, export, re-export, provide, resell, transfer or otherwise dispose of any Quest Device or Beta Services: (a) to any individual, entity or country or region prohibited by Trade Laws; (b) to anyone on US or other Supported Country government restricted parties lists; or (c) for any purpose prohibited by Trade Laws, including, but not limited to, nuclear, chemical or biological weapons, or missile technology applications.

19. Miscellaneous. Meta may assign these Terms and the rights granted hereunder upon written notice to you. You may not assign these Terms or any of the rights granted hereunder without the prior written consent of Meta. These Terms (and any terms incorporated by reference herein) make up the entire agreement regarding your use of the Beta Services, and supersede any prior agreements between you and us regarding such use. If any portion of these Terms is found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any of these Terms, it will not be considered a waiver. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your access to and use of the Beta Services.

Appendix A - UK Data Transfer Addendum

This UK Data Transfer Addendum consists of three parts:

PART A: DEFINITIONS

PART B: SPECIAL TERMS

PART C: APPROVED ADDENDUM