Legal

TestFlight Terms and Conditions

Summary of Key Terms

* Information related to your use of each Beta App will automatically be provided to the Application Provider in a personally identifiable form.

* Beta Apps may crash and result in data loss in those Beta Apps

* If you already have the full version of an app, installation of a Beta App my result in data loss

* You can stop participating in a beta test by deleting the Beta App from your device

Your use of TestFlight, including any beta testing of iPhone, iPad, Apple Watch, and Apple TV applications downloaded through TestFlight ("Beta Apps"), is governed by the following terms and conditions ("TestFlight Terms"). Except as specifically amended below, full iTunes Store Terms and Conditions for your region apply and are hereby incorporated by reference, and defined terms shall have the meanings set forth in the iTunes Store Terms and Conditions, except as noted herein. For the purpose of these TestFlight Terms, the term "Licensed Application" shall include Beta Apps. See iTunes Store Terms and Conditions: http://www.apple.com/legal/internet-services/itunes/ww/

Specific Terms for Beta-Testers

TestFlight is only available to individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand and agree to the following terms.

TestFlight is designed to help third party Application Providers beta-test and improve the performance of their iPhone, iPad, Apple Watch, and Apple TV applications and to provide beta-testers with Beta Apps. If an Application Provider authorizes you as a beta-tester and you choose to download the corresponding Beta App from the Application Provider via TestFlight, then conditioned on your compliance with these TestFlight Terms, the Application Provider grants you a limited, non-exclusive, non-assignable, non-sublicensable license to access, download and use the Beta App for which you have been selected as a beta-tester and any related documentation available online, solely for beta-testing purposes for a limited time and subject to these TestFlight Terms.

As between you and the Application Provider, and aside from the limited license set forth above, the Application Provider owns all right, title and interest in the Beta App, including but not limited to intellectual property rights. To the maximum extent permitted by law, you may not: (a) modify, reverse engineer, decompile, or disassemble any Beta App; (b) rent, lease, loan, sell, sublicense, distribute, transmit, or otherwise transfer any Beta App;(c) make any copy of or otherwise reproduce any Beta App; or (d) display any Beta App to unauthorized third parties without the Application Provider’s authorization.

You agree to use reasonable efforts to beta-test any Beta App. You further agree that TestFlight may enable an Application Provider to monitor your use of their Beta Apps and to solicit your feedback about such use. Any feedback, suggestions, ideas, or other materials and information collected from or posted by you with respect to a Beta App ("Beta Input") is solely owned by the applicable Application Provider. You hereby unconditionally assign all of your right, title and interest in the Beta Input to the applicable Application Provider(s).

You acknowledge and agree that you will not be compensated for evaluating any Beta App or for any Beta Input and you will bear all of your own costs from using TestFlight and any Beta Apps (e.g., mobile carrier and data costs). Further, you hereby acknowledge and agree that the content contained in, and your use of, any Beta App that is not already publicly available shall be considered confidential unless the Application Provider explicitly authorizes public disclosure.

If you have a complaint about a Beta App, you should send it directly to the Application Provider. You acknowledge and agree that the Application Provider, not Apple, is fully responsible for any Beta App.

You further understand and agree that certain information about a Beta App downloaded via TestFlight may not be available to you prior to download, including without limitation the Beta App's age rating, minimum hardware requirements, and the availability of items available for purchase within the Beta App (i.e. in-app purchases). By downloading a Beta App, you consent to using the Beta App without such information and disclosures.

If you have the full version of an app installed on your device and you install the same Beta App, your app data may be corrupted or lost and may not be recoverable. You should back up your information before installing a Beta App. Solely for the purposes of testing a Beta App and only for the duration of such test, any in-app purchases made within the Beta App will be made available to you at no cost and such purchases will not be charged to your Account.

NO WARRANTY

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF TESTFLIGHT AND ANY BETA APP ACQUIRED VIA TESTFLIGHT IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. BETA APPS MAY HAVE SOFTWARE, SERVICE, AND OTHER ERRORS AND YOUR USE OF TESTFLIGHT AND BETA APPS DOWNLOADED VIA TESTFLIGHT MAY NOT BE CONTINUOUSLY AVAILABLE, ERROR FREE, OR FREE OF VIRUSES OR OTHER MALICIOUS CODE AND MAY NOT STORE DATA ACCURATELY OR AT ALL. FEATURES AND FUNCTIONALITY OF TESTFLIGHT AND APPS DOWNLOADED VIA TESTFLIGHT ARE SUBJECT TO CHANGE AND MAY CEASE TO BE AVAILABLE TO YOU AT ANY TIME WITH OR WITHOUT NOTICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TESTFLIGHT, BETA APPS ACQUIRED VIA TESTFLIGHT, AND ANY SERVICES PERFORMED OR PROVIDED BY SUCH BETA APPS ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND APPLE AND LICENSOR HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO TESTFLIGHT, THE BETA APPS, AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. APPLE AND LICENSOR DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE BETA APP, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY THE BETA APP WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE BETA APP OR TESTFLIGHT WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE BETA APP OR TESTFLIGHT WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLICATION PROVIDER OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE BETA APP OR TESTFLIGHT PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

Termination

To terminate your participation in beta-testing a particular Beta App, delete the Beta App from your device. Deleting the Beta App from your device will also delete any data you have generated within that Beta App, and may delete any data created in a previously installed full version of the App. Deleting the Beta App will not delete information that you or the Beta App has provided to the Application Provider. To request deletion of that shared information, contact the Application Provider directly. If you purchase or download the App from the App Store, your data may not remain available from within the full version. We recommend that you back up your data before deleting the Beta App or purchasing the full version from the App Store.

Privacy

As a condition of using TestFlight, you agree that Apple may automatically collect crash data and statistics related to your use of TestFlight and Beta Apps in a personally identifiable form. You further agree that Apple may provide this information to the Beta App's Application Provider and that this Application Provider may contact you regarding your use of their Beta App. You acknowledge and agree that this information will be automatically provided to Apple and the associated Application Provider of the Beta App upon install and you have no expectation of privacy concerning your use of any Beta App.

Except as specifically provided above, Apple's retention and use of all personal information collected in association with TestFlight shall be subject to Apple's Privacy Policy at http://www.apple.com/privacy, which is hereby incorporated by reference.

11/20/2015