Effective date: immediately upon signing/agreeing to these terms.

This Beta Testing Agreement (the “Agreement”) is by and between the undersigned individual (the “Volunteer”) and Beema Finance LLC, an Oregon limited liability company (the “Company”) with respect to its website, software applications, and services located at https://beema.finance (the “Software and Services”).  Volunteer hereby agrees to the terms and conditions, as follows:

  1. Beta Testing. Undersigned has agreed to assist the Company in testing the beta version(s) of the Company’s Software and Services for a period of time to be mutually agreed to by and between the parties, in an effort to assist the Company in improving the Software and Services, including, but not limited to, improving the software user interface and customer experience (“Beta Testing”). Such Beta Testing shall be conducted in strict confidence by Volunteer and any confidential information or trade secrets shared by Company during the scope of Volunteer’s Beta Testing shall be strictly confidential and shall not be shared with any third party. The scope of the Beta Testing contemplates Volunteer opening an account with the Company and depositing its own funds in such account to facilitate the Beta Testing. Volunteer could lose all of its money and participates in the Beta Testing at its own risk, subject to the Company’s then-current terms of use and privacy policy, and pursuant to the terms and conditions of this Agreement.
  2. Volunteer Basis; License to Work Product. Volunteer expressly acknowledges that Volunteer’s participation in the Beta Testing is undertaken by Volunteer on a volunteer basis and that Volunteer shall make its best efforts to provide the Company with truthful and constructive feedback, comments and analysis, pursuant to Volunteer’s Beta Testing, but Volunteer shall have no legal right or ownership to the Beta Testing feedback Volunteer provides, whether in original form (as provided by it) or in respect of any derivative work (whether or not based upon, in whole or in part, on any participation or feedback it may make), and agrees to grant to the Company a perpetual, non-terminable, royalty-free, transferable license to commercially use Volunteer’s work product from the Beta Testing.
  3. No Representations or Warranties. In making its Software and Services available to Volunteer for the Beta Testing, Company makes no representations or warranties, whether express or implied, as to the performance of Volunteer’s Company account during the Beta Testing.
  4. Release. Volunteer hereby releases the Company from and against any and all claims, actions, proceedings, damages, liabilities, and expenses of every kind, whether known or unknown, resulting from or arising out of the Beta Testing.
  5. Indemnification. Volunteer will defend and indemnify the Company for, from, and against any and all claims, actions, proceedings, damages, liabilities, and expenses of every kind, whether known or unknown, including but not limited to reasonable attorney’s fees, resulting from or arising out of the Beta Testing performed by Volunteer.
  6. Limitation of Liability. Neither party’s aggregate monetary liability to the other party for any reason and for any and all causes of action, whether in contract, tort, or otherwise, will exceed $100.00. Neither party will be liable to the other party under any cause of action, whether in contract, tort, or otherwise, for any indirect, special, incidental, consequential, or punitive damages, even if the party has been advised of the possibility of such damages. Each party’s obligations under this Agreement are consideration for limiting the party’s liability to the other party.
  7. Status. Volunteer is an individual and a resident of the State as represented contemporaneously to the Company.
  8. Authority; Binding Obligation. Volunteer has full power and authority to sign and deliver this Agreement and to perform all of its obligations under this Agreement. This Agreement is the legal, valid, and binding obligation of the parties, enforceable against the parties in accordance with its terms.
  9. No Conflicts. The signing and delivery of this Agreement by undersigned and the performance by Volunteer under this Agreement will not:
    1. breach any agreement to which undersigned is a party, or give any person the right to accelerate any obligation of undersigned;
    2. violate any law, judgment, or order to which undersigned is subject; or
    3. require the consent, authorization, or approval of any person.
  10. Termination. Either party may terminate this Agreement at will upon twenty-four hours (24) prior written notice. The termination of this Agreement, regardless of how it occurs, will not relieve a party of obligations that have accrued before the termination.
  11. Governing Law. This Agreement is governed by the laws of the State of Oregon, without giving effect to any conflict-of-law principle that would result in the laws of any other jurisdiction governing this Agreement.