Mews Beta Terms

These Mews Beta Terms: version 1.0 ("Beta Terms") govern Partner's participation in any Beta Service made available by Mews. These Beta Terms should be read in conjunction with the Mews Master Terms and Conditions ("MTC"), the applicable Commercial Schedule, the Data Processing Addendum: version 4.0 and all incorporated terms (together, the "Agreement"). By accessing or using a Beta Service, Partner agrees to be bound by these Beta Terms. In the event of any conflict between these Beta Terms and the MTC, these Beta Terms prevail solely in respect of the Beta Service.

Capitalised terms used but not defined here have the meanings given in the MTC.

1.1 Mews may, at its sole discretion, invite Partner to (or make available for Partner's self-enrolment) access certain features, modules, or functionality that are not yet generally available ("Beta Services"). Access to Beta Services is optional and granted on a non-exclusive, non-transferable, revocable basis for the purpose of evaluation and feedback only.

1.2 Beta Services are provided as-is and as-available. Mews makes no representations or warranties regarding the accuracy, reliability, or completeness of any Beta Service and expressly excludes all warranties, whether express, implied, or statutory, to the fullest extent permitted by applicable law.

1.3 Beta Services are not subject to the Service Level Agreement or any uptime commitments applicable to the Subscription Services under the MTC. Mews is not obligated to provide support, maintenance, or updates in connection with any Beta Service unless otherwise agreed in writing.

1.4 Mews reserves the right to charge fees for access to Beta Services or to offer them free of charge. Any applicable fees will be communicated to Partner prior to activation.

1.5 Where Mews is aware of material limitations of a Beta Service at the time of Partner's access, Mews will communicate those limitations to Partner in writing prior to or upon activation. Partner acknowledges those limitations and agrees not to rely on the Beta Service for production-critical operations where such limitations are relevant to Partner's use case.

1.6 Certain Beta Services use artificial intelligence to generate content, suggestions or recommended actions ("AI Output"). AI Output is generated automatically and may be inaccurate or incomplete. Partner is responsible for reviewing AI Output before acting on it and for all decisions and actions taken in reliance on it.

1.7 The duration of any Beta period is determined by Mews in its sole discretion and may vary in length. Mews makes no commitment as to the minimum or maximum duration of any Beta period.

2.1 Partner must use Beta Services in accordance with the MTC, the Acceptable Use Policy, the Data Processing Addendum and any additional guidelines Mews communicates in connection with a specific Beta Service.

2.2 Partner is responsible for independently evaluating whether any Beta Service is suitable for its intended use and for maintaining appropriate data backup procedures during any Beta period.

2.3 Partner must not use Beta Services in a production environment unless expressly authorised by Mews in writing or where a Beta Service is by design made available within Partner's production environment.

2.4 Where a Beta Service relates to functionality that is also available to Partner through the Subscription Services, Partner's access to the existing Subscription Services functionality is not affected by its participation in the Beta Service. Participation in a Beta Service does not modify Partner's rights under its Commercial Schedule with respect to any generally available Subscription Services.

3.1 Mews may invite Partner to provide feedback, suggestions, or observations regarding the Beta Services ("Feedback"). Partner grants Mews a perpetual, irrevocable, worldwide, royalty-free licence to use, incorporate, and exploit any Feedback in any manner without obligation to Partner.

3.2 Mews may monitorPartner's usage of Beta Services and collect and analyse data relating to that usage for the purpose of improving, testing, and developing Mews products and services. All Partner Data collected in connection with a Beta Service will be handled in accordance with the DPA forming part of the MTC.

4.1 For the avoidance of doubt, all intellectual property rights in the Beta Services remain the exclusive property of Mews and its licensors as set out in the MTC. No additional rights are granted to Partner beyond those expressly stated in these Beta Terms.

5.1 Unless Mews designates a Beta Service as public, Partner must treat the existence, features, and functionality of any Beta Service as Confidential Information of Mews for the purposes of the confidentiality obligations in the MTC, and must not disclose such information to any third party without Mews' prior written consent.

6.1 Mews may modify, suspend, or discontinue any Beta Service at any time, with or without notice, and without liability to Partner.

6.2 These Beta Terms apply to each Beta Service from the date Partner is granted access until the earlier of: (a) the general availability release of that Beta Service; (b) its discontinuation by Mews; or (c) termination of Partner's access by Mews or Partner. Upon expiry or termination, Partner must immediately cease all use of the relevant Beta Service and, on request, certify the deletion of any related data or materials held outside the Mews platform.

6.3 Mews may terminate Partner's access to a Beta Service immediately on written notice where Partner breaches these Beta Terms or the MTC in connection with a Beta Service.

6.4 Upon conclusion of a Beta period, Partner's access to the Beta Service will cease unless Mews and Partner agree in writing to transition Partner to the generally available version of the relevant product. Mews will provide Partner with reasonable advance notice of the conclusion of a Beta period and any applicable transition options. Any transition to a generally available product will be governed by the applicable Commercial Schedule or applicable product specific terms as available in the Product Documentation.

7.1 To the fullest extent permitted by applicable law, Mews' aggregate liability to Partner in connection with any Beta Service is limited to the lesser of: (a) the fees paid by Partner specifically for that Beta Subscription Services in the three months immediately preceding the relevant claim; or (b) the liability cap applicable under the MTC. Where no fees have been paid, Mews shall have no liability to Partner in connection with that Beta Service, unless such liability cannot be excluded under applicable law. The exclusion of consequential and indirect damages in the MTC applies in full to all Beta Services.

8.1 These Beta Terms are governed by the same governing law applicable to the MTC between the parties. Beta Services are not Subscription Services for the purposes of the MTC unless and until Mews formally includes them in a Commercial Schedule.