Beta Testing Agreement

Effective April 2026

This Beta Testing Agreement (“Agreement”) is entered into between Fervae LLC (“Fervae,” “we,” “us,” “our”) and you (“Tester,” “you,” “your”) as a condition of your participation in the Fervae Beta Program.

By checking the “I agree” box and submitting your application or accepting your invitation, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. You further agree that your electronic acceptance constitutes a legally binding signature under the Electronic Signatures in Global and National Commerce Act (E-SIGN Act) and applicable state laws.

1. Eligibility

You must be at least eighteen (18) years of age or the age of majority in your jurisdiction, whichever is greater, to participate in the Beta Program. By accepting this Agreement, you represent and warrant that you meet this requirement. This age requirement applies only to the Beta Program and is higher than the minimum age for the Service generally. Users under 18 may still use the Service under the Terms of Service.

2. Beta Program Overview

The Fervae Beta Program (“Beta Program”) provides early access to the Fervae platform (“Platform”) before its public launch. The Beta Program runs for approximately six (6) weeks from your date of acceptance, though Fervae may extend, shorten, or terminate the program at any time and for any reason.

3. Your Responsibilities

As a Beta Tester, you agree to:

• Use the Platform during the beta period and explore its features in good faith.
• Report bugs, errors, and usability issues through the designated feedback channels (Slack group or email).
• Provide honest, constructive feedback about your experience.
• Participate in check-in surveys if requested.
• Provide a short testimonial (text or video) about your experience at the conclusion of the beta period.
• Comply with all applicable laws and regulations while using the Platform.
• Not attempt to reverse engineer, decompile, or disassemble any part of the Platform.
• Not use the Platform to transmit harmful, defamatory, or unlawful content.

4. Testimonial & Marketing Consent

You hereby irrevocably assign to Fervae all right, title, and interest in any testimonials, reviews, quotes, and video recordings you provide during or as a result of the Beta Program. This assignment includes all intellectual property rights therein.

You agree that Fervae may use your name, voice, likeness, social media handles, and any feedback you provide during the Beta Program for marketing, promotional, and educational purposes, including but not limited to the Fervae website, social media, email campaigns, presentations, and advertising.

You waive any right to inspect or approve the use of your testimonial or likeness, and you waive any claims for compensation related to such use beyond what is specified in Section 6 of this Agreement. If you are located in the European Economic Area or the United Kingdom, the irrevocable nature of this assignment is limited to the extent permitted by applicable data protection law. You may request removal of your testimonial by contacting legal@fervae.com, and we will comply within 30 days, except where the testimonial has been incorporated into materials that are impractical to modify (such as printed materials or published video content distributed before your request).

5. Confidentiality

During the Beta Program, you may have access to features, designs, functionality, and information that have not been publicly released (“Confidential Information”). You agree to:

• Not share screenshots, screen recordings, or detailed descriptions of the Fervae interface with anyone outside the Beta Program without prior written consent from Fervae.
• Not publicly discuss the specifics of Fervae’s unreleased features, design, or functionality on social media, forums, blogs, or other public channels.
• Keep all information shared in the private Slack group and other Beta Program communication channels confidential.
• Take reasonable measures to protect Confidential Information from unauthorized disclosure.

6. Compensation & Post-Beta Access

During the Beta Program, you will have access to Fervae Pro features at no cost.

At the conclusion of the Beta Program, your account will be downgraded to the free plan. You will receive a one-time-use promotional code granting three (3) free months of Fervae Pro, redeemable upon purchasing a paid subscription plan. This promotional code expires on January 1, 2027, and has no cash value.

No other compensation, monetary or otherwise, is provided. Your participation is voluntary. You acknowledge that you are not an employee, contractor, or agent of Fervae.

7. No Warranty & Assumption of Risk

THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE” DURING THE BETA PROGRAM. FERVAE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AVAILABILITY.

You expressly acknowledge and agree that:

• The Platform is in active development and may contain bugs, errors, security vulnerabilities, and incomplete features.
• Features may change, be removed, or function differently than expected without notice.
• Service interruptions, data loss, data corruption, or unexpected behavior may occur at any time.
• The Platform may not perform as intended, and your use of the Platform during the beta period is entirely at your own risk.

You voluntarily assume all risk associated with your participation in the Beta Program and your use of the Platform.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FERVAE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO:

• Your participation in the Beta Program.
• Your use of or inability to use the Platform.
• Any loss of data, revenue, profits, or business opportunities.
• Any unauthorized access to or alteration of your data or transmissions.
• Any bugs, errors, or service interruptions experienced during the beta period.
• Any content posted, transmitted, or otherwise made available through the Platform.

IN NO EVENT SHALL FERVAE’S TOTAL LIABILITY TO YOU EXCEED THE AMOUNT OF ZERO DOLLARS ($0.00), REFLECTING THE VOLUNTARY AND UNCOMPENSATED NATURE OF YOUR PARTICIPATION.

9. Indemnification

You agree to indemnify, defend, and hold harmless Fervae, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from or related to:

• Your use of the Platform during the Beta Program.
• Any content you create, publish, or transmit through the Platform.
• Your violation of this Agreement or any applicable law or regulation.
• Your violation of any third party’s rights, including intellectual property or privacy rights.

10. Data & Privacy

Your use of the Platform during the Beta Program is subject to the Fervae Privacy Policy. Additionally:

• Data you create during the beta (posts, drafts, source pages) may be preserved after the beta ends, but Fervae reserves the right to reset or delete beta data at any time without notice.
• We may collect usage analytics, telemetry, and feedback to improve the Platform.
• Your email address, feedback, and usage data may be associated with your beta account for program management and product development purposes.

In the event of a data breach affecting your personal information during the Beta Program, Fervae will notify you in accordance with applicable data breach notification laws.

11. Intellectual Property

You hereby irrevocably assign to Fervae all right, title, and interest — including all intellectual property rights — in and to all feedback, suggestions, ideas, feature requests, bug reports, and other contributions you submit during the Beta Program. You agree to execute any additional documents reasonably requested by Fervae to perfect this assignment.

Fervae may use this feedback to improve the Platform without any obligation, attribution, or compensation to you.

Content you create and publish through the Platform (posts, captions, images, and other original works) remains your property, subject to the terms of the Fervae Terms of Service.

12. Non-Disparagement

You acknowledge that the Platform is in active development and that the purpose of the Beta Program is to identify and resolve issues. You agree not to publicly disparage, defame, or make statements intended to harm the reputation of Fervae, its founders, team members, or the Platform based on bugs, incomplete features, or other issues encountered during the beta period.

This does not restrict your ability to provide honest, constructive feedback through the designated feedback channels (Slack group, surveys, or email). Candid feedback — including criticism — is encouraged and expected. This clause applies only to public statements made with the intent or effect of harming Fervae’s reputation.

13. Termination & Consequences of Breach

Either party may terminate participation in the Beta Program at any time for any reason. Fervae reserves the right to:

• Revoke your beta access at any time without notice.
• End the Beta Program early or extend it beyond the initial six-week period.
• Modify the terms of this Agreement with reasonable notice.

In the event you breach any provision of this Agreement, Fervae may, in addition to any other remedies available at law or in equity:

• Immediately revoke your access to the Platform.
• Forfeit your promotional code and any associated benefits.
• Pursue injunctive relief to prevent further breach, particularly with respect to confidentiality and non-disparagement obligations.
• Seek damages for any losses resulting from the breach.

14. Survival

The following provisions survive termination or expiration of this Agreement and the Beta Program: Section 4 (Testimonial & Marketing Consent), Section 5 (Confidentiality) for a period of twelve (12) months, Section 7 (No Warranty & Assumption of Risk), Section 8 (Limitation of Liability), Section 9 (Indemnification), Section 11 (Intellectual Property), Section 12 (Non-Disparagement), and this Section 14 (Survival).

15. Dispute Resolution

Any dispute, claim, or controversy arising out of or relating to this Agreement shall be resolved through binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules. The arbitration shall take place in the State of Delaware, and the arbitrator’s decision shall be final and binding.

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened breach of confidentiality, non-disparagement, or intellectual property provisions of this Agreement.

Small Claims Exception: Either party may bring an individual action in small claims court if the claim falls within the court’s jurisdictional limits.

Class Action Waiver: You agree that any dispute resolution proceedings will be conducted on an individual basis and not as part of a class, consolidated, or representative action. This class action waiver does not apply to participants located in the European Economic Area or the United Kingdom, where such waivers may be unenforceable under applicable consumer protection law.

16. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws provisions.

17. Entire Agreement

This Agreement constitutes the entire agreement between you and Fervae regarding the Beta Program and supersedes any prior agreements, understandings, or representations, whether oral or written. This Agreement is in addition to, not a replacement for, the Fervae Terms of Service, Privacy Policy, and all policies referenced therein (including the Refund Policy and Shipping Policy), which also apply to your use of the Platform.

If any provision of this Agreement is found to be unenforceable, the remaining provisions shall continue in full force and effect.

Fervae’s failure to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.