Caspio Beta Program Agreement

The following are the terms and conditions for use of Caspio Beta Program (the “Service”) between Caspio Inc. (“Caspio”) and you (either an individual or a legal entity that you represent as an authorized employee or agent). Please read them carefully. This Service may be used by individuals who are at least eighteen (18) years old or minors who have parental permission to open and maintain an account; provided, however, in no event is any individual under the age of thirteen (13) permitted to use the Service.

BY CLICKING THE “I ACCEPT” BUTTON OR CHECKING THE ACCEPT CHECKBOX DISPLAYED AS PART OF THE ORDERING PROCESS, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE SERVICE.

By enrolling in the Caspio Beta Program, you also agree to Caspio’s Acceptable Use Policy and the Caspio Bridge Terms of Service.

Definitions

“Account” refers to the online account for the Service.

“Customer Data” means the data in tables stored in your Account which is collected through use of Caspio software.

“Deploy Code” means the proprietary Caspio software deployed on a web page for the purpose of accessing a DataPage, together with modifications or customizations provided to you. The Deploy Code also refers to a URL, or the address of a web page, containing a link to the Service and the Application Key.

“Application Key” means, the proprietary string of characters, also known as a key, which is generated by the Software to uniquely identify DataPages.

“Servers” mean the servers controlled by Caspio upon which the Software and Customer Data are stored.

“Service” means the proprietary Caspio service that provides the platform and capabilities to create, modify, and deploy Caspio-powered applications (“DataPages”) as web-based programs, as well as store Customer Data.

“Software” means the Server, Deploy Code, the Software and the Application Key.

“Website” means the collection of pages containing the Deploy Code.

Beta Program Terms

From time to time Caspio may offer access to beta software to interested parties. Beta software is software that is not officially released, may contain problems or bugs, and is not warranted by Caspio in any way. Beta software is provided “as is” for evaluation and testing purposes only, and beta users are advised to not rely on the features or performance of the software for any reason. By registering for and using Caspio beta software, you acknowledge that you are accessing a pre-release evaluation of the Service and that the Service and Software may contain bugs, may not operate properly or perform all intended functions, may interfere with the functioning of other software applications, and may cause errors, data loss or other problems. Caspio shall not be held liable for any damages, including but not limited to direct, indirect, incidental or consequential damages for loss of data, profits, or revenue incurred by you or third parties.

As a beta user, you agree that you shall promptly report to Caspio any failure of the Service to perform in accordance with applicable documentation, and will provide such other information relating to the Service as Caspio may reasonably request. At Caspio’s request, you will provide a written evaluation of the Service in a form reasonably requested by Caspio. You grant Caspio an unrestricted, royalty-free right to use all such feedback for purposes of marketing, public relations, correcting and/or enhancing the Service and developing additional products and services.

Caspio’s beta programs have a fixed duration. At the end of a beta program you may be offered the opportunity to convert your beta account to a regular Account. Beta accounts that are not converted to a regular Account are deleted at the end of the beta program and all Customer data is lost. You agree that if your beta Account is not converted to a regular Account, you will remove all Caspio Software and Deploy Code from your websites immediately at the conclusion of the beta program.

For More Information

If you have any questions or comments about this Agreement, Caspio’s services, or your experience with the Service, contact us on the Caspio.com website.