TestFlight Terms of Service

Summary of Key Terms: 

* Crash logs and statistical information related to your use of each Beta App will automatically be provided to Apple and the Application Provider as part of TestFlight.

* You may submit suggestions and ideas to the Application Provider of the Beta App.

* 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 may result in data loss.

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


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

Specific Terms for Beta-Testers

Children under the age of 13, or equivalent minimum age in the relevant jurisdiction, are not permitted to use TestFlight. If you are 13 or the equivalent minimum age in the relevant jurisdiction 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 developers (“Application Providers”) beta-test and improve the performance of their pre-release 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 of Service, 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 of Service.

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 acknowledge that you understand that Beta Apps are pre-release, alpha, or beta software and may be incomplete or could contain errors or inaccuracies. You should not use Beta Apps in a commercial operating environment or with important data. You should back up any data prior to using any Beta App on your Apple-branded device.  Neither Apple nor the Application Provider shall be responsible for any costs, expenses or other liabilities you may incur as a result of using any Beta Apps, including but not limited to any damage, loss, or corruption of any software, information or data. Further, Beta Apps may not be compatible with production Apps. If you have a production version of a Beta App already installed on your Apple-branded device, you should back-up any data associated with such app prior to installing a beta version since data may be corrupted or lost between different versions of the same app. You expressly acknowledge and agree that any use of Beta Apps is done entirely at your own risk.

In addition, 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.  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.

Beta Apps provided by Apple and/or third-party developers may not be available in all languages or in all countries, and Apple makes no representation that the Beta Apps are appropriate or available for use in any particular location.  To the extent you choose to access and use the Beta Apps through TestFlight, you do so at your own initiative and are responsible for compliance with any applicable laws.  Beta Apps are time-limited and TestFlight may change, limit, or cease providing access to Beta Apps any time without notice or liability to you.  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.

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.  You agree to hold the Beta App in confidence and to treat it as confidential, e.g., not share it with others who do not have the Beta App installed.

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, unless Apple is the licensor of such Beta App. 

Beta Testing Data and Beta Feedback

When you use a Beta App through TestFlight, Apple and the Application Provider will automatically collect crash logs and usage data (“Beta Testing Data”) and you may not opt-out of the collection of Beta Testing Data.  

TestFlight will also provide you with the ability to submit written or visual feedback (e.g., screenshots and comments) about the Beta Apps to Apple and/or Application Providers (“Beta Feedback”).  If you submit Beta Feedback, you acknowledge and agree that you do so at your own initiative and that the Application Provider (including Apple, if it is Apple’s Beta App) will have the right to use your Beta Feedback as set forth below.  You represent to  the Application Provider that you have all the necessary rights to give the Beta Feedback and to grant the rights to the Application Provider.  

The Application Provider may use the Beta Testing Data and Beta Feedback to improve their App and related products, and may contact you regarding your use of their Beta App.  The Application Provider’s use of Beta Testing Data and Beta Feedback is subject to limitations and requirements set forth by Apple in the Apple Developer Program License Agreement and to the Application Provider’s Privacy Policy.  Apple may use the Beta Testing Data to improve its products and services.

Beta Testing Data and Beta Feedback may include personally identifying information and information about your device, including but not limited to various unique device identifiers, hardware and operating system specifications, performance statistics, and data about how you use your device, system and application software, networking information, and peripherals. When you use TestFlight and the Beta App, details will be provided regarding what data is sent to Apple and the Application Provider, and how the information may be used. You can learn more by visiting https://testflight.apple.com/#privacy-data . At all times, Apple will handle your information in accordance with our Privacy Policy, which can be viewed at https://www.apple.com/legal/privacy/.

Apple is committed to diversity and to providing a safe, harassment-free experience for everyone.  Beta Feedback should be respectful and should not include offensive, malicious, or derogatory writing, images, or screenshots.  

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/OR 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 BETA 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 TESTFLIGHT AND/OR SUCH BETA APPS ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND APPLE AND THE APPLICATION PROVIDER 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 THE APPLICATION PROVIDER DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF TESTFLIGHT AND/OR THE BETA APP, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY TESTFLIGHT AND/OR 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 Beta Testing Data or Beta Input that you, TestFlight, or the Beta App have already provided to the Application Provider and Apple. To request deletion of your personal information, contact the Application Provider or Apple directly.  Apple and/or the Application Provider reserve the right to terminate your participation in the beta testing of any Beta App at any time, in their sole discretion.  By way of example, this termination may occur if you provide Beta Feedback that contains offensive and inappropriate images to the Application Provider.

06/03/2019