Civivas LLC · Private Beta
Civivas Private Beta Tester Agreement
This Private Beta Tester Agreement ("Agreement") is between Civivas LLC, an Illinois limited liability company ("Civivas," "we," "us," or "our"), and the individual accepting this Agreement ("Tester," "you," or "your"). By clicking an acceptance button, signing electronically, or using a Beta account after being presented with this Agreement, you agree to its terms.
1. Purpose and Beta Status
Civivas is providing you limited, invitation-only access to a pre-release version of its community decision-support, geographic, demographic, civic-data, mapping, and related software and services (the "Beta Service") solely for evaluation and feedback.
The Beta Service is under active development. Features, data, interfaces, availability, performance, and functionality may change, be incomplete, contain errors, or be discontinued without notice. Beta access is not a purchase, subscription, service-level commitment, or promise that any feature will become commercially available.
2. Eligibility and Account
Beta access is personal to you unless Civivas expressly authorizes organizational testing in writing. You must provide accurate account information and keep your credentials confidential.
You may not share credentials, allow another person to use your account, impersonate another person, or attempt to obtain access beyond the permissions granted to you. Notify Civivas promptly if you believe your credentials or account have been compromised.
3. Limited License and Permitted Use
Subject to this Agreement, Civivas grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license during the Beta period to access and use the Beta Service for evaluation, testing, and providing feedback.
You may use ordinary application functions made available to your account. Any download or export is permitted only when the application expressly enables it and remains subject to applicable data-source restrictions, intellectual-property rights, and this Agreement.
4. Prohibited Conduct
You may not: (a) share or sell access; (b) circumvent authentication, authorization, rate limits, or security controls; (c) probe, scan, penetration-test, exploit, or attempt to identify vulnerabilities except with Civivas' prior written authorization; (d) reverse engineer, decompile, disassemble, copy, scrape, crawl, systematically extract, or create a substitute dataset or service from the Beta Service except to the extent such restriction is prohibited by law; (e) introduce malware or disruptive code; (f) interfere with other users or system operation; (g) use the Beta Service unlawfully, deceptively, or to violate another person's rights; or (h) use nonpublic Civivas information to compete with Civivas or assist another person in doing so.
5. Confidentiality
Unless Civivas designates information as public or the information becomes public through no breach by you, nonpublic Beta features, screenshots, roadmaps, pricing concepts, technical information, credentials, documentation, defects, security information, and other nonpublic information disclosed through the Beta program are Civivas confidential information.
You will use reasonable care to protect confidential information, use it only for Beta participation, and not disclose it to third parties without Civivas' written permission. This section does not restrict information you can document was already lawfully known to you, independently developed without use of Civivas confidential information, or lawfully received without a duty of confidentiality. If disclosure is legally required, you will give Civivas reasonable advance notice when legally permitted.
6. Feedback
You are encouraged to provide comments, usability observations, defect reports, ideas, suggestions, and other feedback ("Feedback"). You retain ownership of any pre-existing material contained in your Feedback. You grant Civivas a perpetual, irrevocable, worldwide, royalty-free, transferable and sublicensable license to use, reproduce, modify, create derivative works from, disclose, commercialize, and otherwise exploit Feedback without restriction or obligation to compensate you.
Do not include third-party confidential information or content you lack authority to provide.
7. Security and Defect Reporting
Promptly report suspected security vulnerabilities, exposed data, compromised credentials, or significant defects to support@civivas.com. Do not publicly disclose or exploit a suspected vulnerability before Civivas has had a reasonable opportunity to investigate and address it. Civivas may provide separate authorized security-testing rules; absent such written authorization, security testing is prohibited.
8. Data, Maps, and Civic Information
The Beta Service may display or analyze information obtained from federal, state, county, municipal, election, census, commercial, open-data, or other sources. Source data can be delayed, incomplete, inaccurate, generalized, geocoded incorrectly, changed by the source, or represented differently across jurisdictions.
Civivas is not an official government record or election authority. You must verify time-sensitive or consequential information - including polling locations, election information, district boundaries, addresses, eligibility requirements, public-safety information, and legal obligations - against the responsible official source before acting on it.
9. Privacy and Logging
Civivas may collect account information, acceptance records, device/browser information, IP addresses, authentication events, usage events, support communications, and diagnostic/security logs as described in the Civivas Privacy Policy. You consent to these practices by participating in the Beta subject to applicable law.
10. Intellectual Property
Civivas and its licensors retain all right, title, and interest in the Beta Service, software, interface, branding, documentation, compilations, and other proprietary materials. No rights are granted except the limited Beta license expressly stated in this Agreement. Third-party and public-source data remain subject to their respective rights and licenses.
11. Suspension and Termination
Civivas may suspend, restrict, or terminate Beta access at any time, with or without notice, including for security, misuse, inactivity, operational needs, legal requirements, or program changes. You may stop participating at any time by notifying Civivas.
Upon termination, your license ends and you must stop using the Beta Service and return or delete Civivas confidential information in your possession if requested, except for records you are legally required to retain. Sections concerning confidentiality, Feedback, intellectual property, disclaimers, liability, dispute terms, and other provisions that by their nature should survive will survive termination.
12. No Compensation or Employment Relationship
Unless Civivas separately agrees in writing, Beta participation is voluntary and unpaid. It does not create employment, agency, partnership, joint venture, franchise, fiduciary, or contractor status between you and Civivas.
13. Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE BETA SERVICE AND ALL BETA DATA, OUTPUTS, REPORTS, MAPS, AND MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS. CIVIVAS DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, AVAILABILITY, AND ERROR-FREE OPERATION.
Civivas does not warrant uninterrupted service, preservation of Beta data or settings, accuracy of third-party or public data, or that defects will be corrected.
14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CIVIVAS AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITY, OR USE, ARISING FROM OR RELATED TO THE BETA SERVICE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CIVIVAS' AGGREGATE LIABILITY ARISING FROM OR RELATED TO YOUR BETA PARTICIPATION WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US $100). THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE, EXCEPT WHERE SUCH LIMITATION IS PROHIBITED BY LAW.
15. Indemnification
To the extent permitted by law, you agree to defend, indemnify, and hold harmless Civivas and its members, managers, officers, employees, and contractors from third-party claims, damages, liabilities, costs, and reasonable attorneys' fees arising from your material breach of this Agreement, unlawful conduct, infringement or misuse of third-party rights, or unauthorized use of the Beta Service. Civivas will provide reasonable notice of a covered claim and may control the defense and settlement.
16. Governing Law and Disputes
This Agreement is governed by the laws of the State of Illinois, without regard to conflict-of-law rules. Before filing a claim, the parties will attempt in good faith for at least 30 days to resolve the dispute through written notice and discussion. Subject to any mandatory law, the exclusive venue for court proceedings will be state or federal courts located in Cook County, Illinois. Nothing prevents either party from seeking prompt injunctive or equitable relief to protect confidential information, intellectual property, credentials, systems, or data.
17. Changes to the Beta Terms
Civivas may update these terms for future use. If Civivas makes a material change during your participation, it will present the updated agreement or otherwise provide reasonable notice and may require renewed acceptance. The acceptance record will identify the version you accepted.
18. General
This Agreement, together with the Civivas Privacy Policy, Terms of Use, and Product, Map & Data Disclaimer, constitutes the agreement governing your private Beta participation. If a Beta-specific provision conflicts with the general Terms of Use, this Agreement controls for the Beta program. If any provision is unenforceable, the remaining provisions remain effective. Civivas may assign this Agreement in connection with a merger, reorganization, financing, or sale of all or substantially all relevant assets. You may not assign it without Civivas' written consent.
19. Electronic Acceptance
By clicking "I Agree," "Accept," or a similar control, or by signing electronically after this Agreement is presented to you, you consent to transact electronically and acknowledge that your electronic acceptance is intended as your signature. Civivas may retain electronic records of the agreement version, your account identity, date/time, IP address, and acceptance event.