LAST UPDATED: MAY 19, 2023
Beta Agreement for StoryStation, a ChatGPT-Driven Application
This Beta Agreement (the “Agreement”) is made effective as of the date you agree to these Terms between Swipe Interactive (Pty) Ltd, a company registered in South Africa under registration number 2017/340414/07, email: info@swipeix.com with its registered office at Media24 Centre, 40 Heerengracht Street, Cape Town, Western Cape, 8001 (“Developer”), and the natural person or legal entity who accepts this Agreement for access to and use of the StoryStation ChatGPT-Driven Application (the “Application”) during the beta testing program (you the “Beta Tester”).
1. Purpose
The purpose of this Agreement is to establish the terms and conditions under which Beta Tester may access and use the Application for testing purposes during the beta testing program conducted by Developer.
2. Testing Program
Developer will provide Beta Tester with access to the Application for a limited period of time in order to test its functionality, performance, and usability. Beta Tester may use the Application only for the purposes of testing and reporting feedback to Developer.
3. License Grant
Subject to the terms and conditions of this Agreement, Developer grants Beta Tester a non-exclusive, revocable, non-transferable, and limited license to use the Application solely for the testing purposes during the beta testing program. Beta Tester may not use the Application for any other purpose, nor may it redistribute, sublicense, or create derivative works based on the Application without Developer’s prior written consent.
4. Confidentiality
Beta Tester agrees to keep the Application and any information related to its features, functions, or results, including the outputs generated by ChatGPT, confidential and to not disclose such information to any third party without Developer’s prior written consent. Beta Tester may share its feedback and reports with Developer, but not in a way that reveals confidential information. This obligation of confidentiality survives the termination or expiration of the testing beta program.
5. Data Protection
- Developer will process personal information and other information collected during the beta testing program in accordance with applicable data protection laws and regulations, including the Protection of Personal Information Act 4 of 2013 (“POPIA”). Beta Tester agrees to provide accurate and complete personal information for the creation of an account and to notify Developer of any changes or updates. Aside from the personal information provided for the creation of an account, Beta Tester is encouraged to use fake / imaginary personal information as this is a Beta Testing environment.
- Developer may use personal information for the purpose of operating, improving, and developing the Application, and may share personal information with third parties if necessary for the provision of the Application.
- Beta Tester has the right to access, rectify, erase, and object to the processing of its personal information, as well as to lodge a complaint with the Information Regulator. The Information Regulator can be reached at Tel: 010 023 5200, email: enquiries@inforegulator.org.za or at JD House, 27 Stiemens Street, Braamfontein, Johannesburg, 2001. P.O Box 31533, Braamfontein, Johannesburg, 2017.
- The Beta Testing environment is temporary and will be deleted once Beta Testing is concluded. Please do not store sensitive or mission critical information in the Beta Testing version of the Application!
6. Intellectual Property
Beta Tester acknowledges that the Application, including its code, design, interface, algorithms, and results, is the property exclusive of Developer or its licensors, and that Beta Tester has no right, title, or interest in or to the Application, except as expressly granted in this Agreement. Beta Tester may not copy, modify, reverse engineer, decompile, disassemble, or distribute the Application, nor may it challenge Developer ownership’s, validity, or enforceability of any intellectual property right related to the Application.
7. Responsibility and Liability
Beta Tester acknowledges that the Application is provided “as is” and “as available”, without any warranty, representation, or guarantee of any kind, whether express or implied, including but not limited to accuracy, completeness, reliability, non-infringement, or fitness for a particular purpose. Beta Tester uses the Application at its own risk and assumes all responsibility for its use and the consequences thereof. Developer shall not be liable to Beta Tester or any third party for any damages, losses, costs, or expenses, including but not limited to direct, indirect, incidental, consequential, or punitive damages, arising out of or in connection with this Agreement or the beta testing program, whether in contract, delict, or other legal theory, even if Developer has been advised of the possibility of such damages. Beta Tester agrees to indemnify, defend, and hold harmless Developer and its affiliates, directors, officers, employees, agents, and licensors from and against any and all claims, demands, liabilities, damages, losses, costs, and expenses, including all attorneys’ fees arising, out of or in connection with Beta Tester’s breach of this Agreement, negligence, or use of the Application.
8. Dispute Resolution
Any dispute arising out of or in connection with this Agreement shall be first resolved by negotiation in good faith between the parties. If the parties are unable to resolve the dispute within 30 days, they agree to participate in mediation conducted by a qualified mediator in Cape Town, South Africa through video conferencing. If the dispute is not resolved through negotiation or mediation within 60 days, either party may commence arbitration proceedings in accordance with the Arbitration Foundation of Southern Africa (“AFSA”) Rules by giving written notice to the other party. The arbitration shall take place in Cape Town, South Africa, and the language of the arbitration shall be English. The award of the tribunal shall be final and binding, and the parties agree to comply with the award and waive their right to any form of appeal.
9. Termination and Discontinuation
- Developer may terminate or discontinue the beta testing program or Beta Tester’s access to the Application at any time and for any reason without notice.
- Beta Tester can terminate this agreement at any time, but such termination will result in the deactivation of the Beta Tester’s account
- Upon termination or expiration of this Agreement, Beta Tester shall immediately cease all use of the Application and return or destroy all copies or instances of the Application.
- All provisions of this Agreement that by their nature should survive, including but not limited to confidentiality, data protection, intellectual property, responsibility and liability, dispute resolution, and termination and discontinuation, shall survive the termination or expiration of this Agreement.
10. General Provisions
- This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings, whether written or oral, relating to the subject matter of this Agreement.
- This Agreement may not be amended, modified, or supplemented except by a written instrument signed by both parties.
- The waiver, delay, or failure to enforce any term or condition of this Agreement shall not be deemed a waiver or relinquishment of such term or condition or of any right or remedy.
- If any provision of this Agreement is held invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired thereby.
- This Agreement shall be governed by and construed in accordance with the laws of South Africa, excluding its conflict of law principles.
- Any notice or other communication required or permitted by this Agreement shall be in writing and delivered by hand or sent by registered or certified mail, return receipt requested, to the address or email address of the respective party set forth above or to such other address or email address as may be designated by notice.
- This Agreement may be accepted and executed by electronic signature or other electronic means, with the same legal effect as a manually signed copy.
