Product Feedback Standard Waiver
Last revised: 19th January, 2022
Reference is made to NEX Team Inc. (“Nex”, “us”, “our”, and “we”) and our products and services which may or may not be already published in public (“Product”).
We are committed to create new and fun ways to get people moving. We are glad that you are interested in helping us out by providing feedback on the Product, which may involve product testing, focus group, user interview, or any combination of the above. In consideration of the opportunity to provide feedback on the Product and of other good and valuable consideration, the receipt and sufficiency of which are acknowledged, you agree to the following terms that govern your participation:-
1. Feedback. At our request, or on your own initiative, you may provide us with information and feedback regarding the features and performance of the Product, information regarding any and all errors, or failures in the Product, and ideas or suggestions for enhancements and improvements to the Product (collectively, the “Feedback”). You acknowledge that we shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate.
2. Recording. While you test or use the Product or communicate with us in connection with your participation in providing feedback on the Product, we or our designee may film or photograph you, or record your voice, actions, or sessions on the Product, and we may monitor and log your use of the Product. You agree that we may use any such film, photography, recordings, and logs for any internal purpose, including but not limited to player behavior analysis as well as research and development.
3. Confidential Information. “Confidential Information” means any non-public information that we disclose to you or that you obtain in connection with the activities contemplated by this waiver that relates to (i) the Product (including Feedback and any information regarding the contemplated features, functionality, design or performance of the Product which is not yet publicly known) or (ii) our other present or future products, plans, prices, or customers, but excluding information that you can show is or becomes public without breach of this Waiver. Notwithstanding the foregoing, we may ask you to participate in interviews or conversations with third parties, including investors, about the Product which may include components which are not yet publicly available, and we acknowledge that the confidentiality obligations described in this Section do not apply to such activities undertaken at our request. You shall protect the confidential and proprietary nature of the Confidential Information, and you shall not (a) use Confidential Information for any purpose other than for the purpose contemplated in this waiver, or (b) disclose Confidential Information to any third party.
4. Disclaimer. You understand and agree that (i) the Product is provided without any warranties, (ii) we only provide the Product and do not engage in or take part in any interactions or communication between you and any third party (including other users of the Product), and (iii) we are under no obligation to provide any technical or other support to you in connection with the Product or this waiver. THE PRODUCT AND CONTENT AVAILABLE THROUGH THE PRODUCT ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. NEX DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE PRODUCT AND CONTENT AVAILABLE THROUGH THE PRODUCT, INCLUDING: (i) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON- INFRINGEMENT; AND (ii) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. NEX DOES NOT WARRANT THAT THE PRODUCT OR ANY PORTION OF THE PRODUCT, OR ANY CONTENT OFFERED THROUGH THE PRODUCT, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND NEX DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. HOWEVER, NEX DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT NEX IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.
5. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL NEX AND ITS AFFILIATES, SUCCESSORS AND ASSIGNS, OFFICERS, EMPLOYEES, REPRESENTATIVES, PARTNERS, AGENTS AND ANYONE CLAIMING THROUGH THEM (COLLECTIVELY, THE “NEX AND ASSOCIATES”) BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE PRODUCT OR ANY CONTENT ON THE PRODUCT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT NEX AND ASSOCIATES HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF NEX AND ASSOCIATES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE PRODUCT OR OTHERWISE UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $100.
6. Release. In particular, YOU AND ANYONE CLAIMING ON YOUR BEHALF RELEASE AND FOREVER DISCHARGE NEX AND ASSOCIATES, IN THEIR INDIVIDUAL AND/ OR CORPORATE CAPACITIES FROM CAUSES OF ACTION OF ANY NATURE AND KIND, KNOWN OR UNKNOWN, WHICH YOU MAY HAVE AGAINST NEX AND ASSOCIATES ARISING OUT OF OR RELATING TO ANY INJURY, LOSS OR DAMAGE TO PERSON AND PROPERTY THAT MAY BE SUSTAINED AS A RESULT OF YOUR PARTICIPATION OF ACTIVITIES CONTEMPLATED IN THIS WAIVER, INCLUDING BUT NOT LIMITED TO THE TESTING OF THE PRODUCT.
EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THIS AGREEMENT. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.