These Early Access Program Terms ("Program Terms") are made by and between you and Meta Platforms, Inc. and/or Meta Platforms Ireland Limited unless otherwise indicated below (as applicable, "we" or "us"), are effective as of the date you first accept them (whether via an online click-through, a signed agreement, or by using the Early Access Program Product) (the "Effective Date"), and amend and supplement the Online Terms (as defined below). Some terms used in these Program Terms are defined in the Online Terms.
Early Access Program Products. From time to time, we may make available to you through an alpha or beta test certain Meta Products or programs under these Program Terms (each, an “Early Access Program Product”). As between the parties, we retain exclusive ownership of each Early Access Program Product. You agree that these Program Terms are separate and independent agreements for each Early Access Program Product. For purposes of clarity, any reference to an “alpha product,” “alpha program,” “beta product,” or “beta program” under an agreement that is subject to these program Terms is deemed to be an “Early Access Program Product” under these program Terms.
- Feedback.
During the term of these Program Terms, if you submit to us any comments, questions, suggestions, use cases (whether actual or proposed), problems, issues, ideas, results, or other feedback about the Early Access Program and/or Early Access Program Products (collectively, "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 right, title, 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 Early Access Program will restrict Meta’s right to use, profit from, disclose, publish, keep secret, or otherwise exploit Feedback, without compensating or crediting you or, if such assignment is not permitted by law, you grant to us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide, perpetual license to use all Feedback. You further agree not to disclose Feedback to any third party.
You agree that during your participation in the Early Access Program, you will be contacted by Meta via the email address associated with your account and asked to provide Feedback through, or participate in surveys, interviews, or focus groups regarding the Early Access Program and/or the Early Access Program Products. You agree you are required to provide such Feedback as part of the Early Access Program, and in order to have access to Early Access Program Products. You understand and agree you may leave the Early Access Program at any time and for any reason, by visiting your Ray Ban Meta Smart Glasses product settings and canceling membership in the Early Access Program.
Confidentiality. "Confidential Information" means any and all information disclosed by us to you, or accessed or provided by you, relating to a Early Access Program Product, including your use of an Early Access Program Product, the relationship contemplated in these Program Terms, feedback, Platform Data, and the Product Terms, except to the extent made public by us. You agree that you: (a) will not use any Confidential Information other than as necessary to use or test an Early Access Program Product under these Product Terms; (b) will maintain Confidential Information in strict confidence and will use at least the same degree of care to protect it as you use to protect your own confidential information, but in no circumstances less than reasonable care; and (c) will not disclose the Confidential Information to any person or entity other than those who need access to such Confidential Information to effect the intent of these Product Terms and who are bound by written confidentiality obligations at least as protective as those set forth in this section; provided, however, that you will remain responsible for each such person's or entity's compliance with and breach of the confidentiality terms herein. You will not make any public announcements related to an Early Access Program Product without our prior written approval, which we may grant or withhold in our sole discretion. This confidentiality provision supersedes any prior agreements between the parties solely with respect to Confidential Information under these Product Terms.
Product Terms. Product-specific terms and policies may also apply to your use of Early Access Program Products (the "Product Terms"). If applicable, the Product Terms will be made available to you (online or, prior to being made available online, as separately provided to you) and will apply to your use of the Early Access Program Product (in addition to these Product Terms). For clarity, once we post Product Terms online (as a link within the Platform Terms, in other supplemental terms, or otherwise), the online version of such Product Terms will supersede any prior versions provided to you. By continuing to access, test, or use the Early Access Program Product after any modification to the applicable Product Terms, you agree to be bound by them.
Applicable Terms. You agree that: (a) in addition to these Program Terms and any applicable Product Terms, your use of the Early Access Program Product is subject to the following: Meta Terms of Service, Meta Commercial Terms, Supplemental Meta Platforms Technologies Terms of Service, Supplemental Meta Platforms Technologies Privacy Policy, Meta AIs Terms of Service, and, as applicable, and all of our other applicable online terms and policies (collectively, the "Online Terms"); and (b) you will comply with these Program Terms, any applicable Product Terms, the Online Terms, and any other technical or product documentation we make available to you (online or otherwise) in connection with your use of the Early Access Program Product. For clarity, any data, content or information made available by you or on your behalf in connection with the Early Access Program Product is subject to the Online Terms.
Logs and Diagnostic Data. In addition to data and information we collect as outlined in any applicable privacy policy, including the Meta Privacy Policy and the Supplemental Meta Platforms Technologies Privacy Policy, we collect and retain logs and diagnostic data and information about how you use your Early Access Program Product, glasses, account and app (“Additional Data,” as defined under the Supplemental Meta Platforms Technologies Privacy Policy). You understand and agree that by participating in the Early Access Program, we collect and process such Additional Data, including when you submit reports on issues encountered when using your Early Access Program Product, glasses, account and app (“Report Data”). We use and combine such Additional Data, Report Data, and Feedback to develop, improve or enhance the Early Access Program and Early Access Program Product. ACCORDINGLY, YOU HEREBY ACKNOWLEDGE AND AGREE THAT: (I) WE HAVE PROVIDED CONSPICUOUS NOTICE TO YOU OF THE FOREGOING; AND (II) YOU ARE GRANTING EXPRESS CONSENT TO THE FOREGOING.
Term. With respect to each Early Access Program Product, the term of these Program Terms will begin on the Effective Date and, unless terminated earlier in accordance with these Product Terms, the Product Terms, or the Online Terms, will continue until the earlier of: (i) the date specified by us in our sole discretion (after which you will cease use of such Early Access Program Product), (ii) the date we (in our sole discretion) make such Early Access Program Product generally publicly available (after which any permitted use is subject to our Online Terms and not these Product Terms), or (iii) the date we discontinue such Early Access Program Product. Unless otherwise set forth in the Product Terms, these Program Terms, as applied to each Early Access Program Product, may be terminated by either party: (a) with cause immediately upon written notice to the other party; or (b) without cause upon thirty (30) days' prior written notice to the other party. Sections 2, 3, 9, 10 and 11 of these Product Terms, and the provisions of the Online Terms, will survive any termination or expiration of these Product Terms.
Expenses. Unless otherwise agreed to by you and Meta, you and Meta are each solely responsible for its own costs and expenses incurred in connection with the Early Access Program Product, and you will be solely responsible for supplying at your own cost any necessary equipment, materials, and other resources as may be required in your testing of, access to, or use of the Early Access Program Product.
Limitation of Liability. YOU AGREE THAT THE LIMITATION OF LIABILITY IN THE ONLINE TERMS APPLIES TO YOUR USE OF THE EARLY ACCESS PROGRAM PRODUCT, EXCEPT THAT OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO ANY ACCESS TO, TESTING OF OR USE OF THE EARLY ACCESS PROGRAM PRODUCT OR THESE TESTING TERMS SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100), OR THE EQUIVALENT CONVERTED AMOUNT BASED ON LOCAL EXCHANGE RATE AS OF THE DATE THE PROGRAM TERMS WERE LAST MODIFIED.
Disclaimer. Since each Early Access Program Product is still in a testing phase, it may contain errors and, in addition to the disclaimers in the Online Terms, you agree that the Early Access Program Product and any data we provide you in connection with your use of the Early Access Program Product are provided "AS IS" and "AS AVAILABLE." You understand and agree that we may change, withdraw, terminate your access to, testing of and/or use of, or discontinue an Early Access Program Product (or any portion thereof) at any time and in our sole discretion, with or without notice to you.
Miscellaneous. If these Testing Terms conflict with the Online Terms or Product Terms, these Testing Terms, followed by the Product Terms and then the Online Terms, will govern with respect to your use of the Early Access Program Product only to the extent of the conflict. Notwithstanding the foregoing, the Online Terms (unmodified by these Testing Terms) continue to apply to your use of any Meta Products other than the Early Access Program Product even if the use of the Meta Products is in connection with the use of the Early Access Program Product. The term "including" means including without limitation. We may modify these Testing Terms at any time, and by continuing to access, test, or use the Early Access Program Product after any modification to these Testing Terms, you agree to be bound by them.
