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Company Watch Beta Terms Addendum

Company Watch Beta Addendum to the Company Watch Terms and Conditions

This Company Watch Beta Addendum (“Addendum”) is entered into between Company Watch Limited (“Company Watch”) and the Customer and applies to the Customer’s access to and use of any pre-release, beta, trial, pilot, evaluation or test product, feature, functionality, score, tool, module, output or other service made available by Company Watch from time to time (each a “Beta Release”).

To download the PDF version of this Addendum, please click here.

  1. Application of Existing Terms

1.1 Each Beta Release forms part of the “Service” under the Company Watch Service Agreement and Company Watch Terms and Conditions (the “T&Cs”).

1.2 The T&Cs continue to apply in full to each Beta Release. This Addendum is supplemental to the T&Cs and applies in addition to them in respect of each Beta Release. In the event of any conflict or inconsistency between this Addendum and the T&Cs, this Addendum shall prevail in respect of the relevant Beta Release only.

1.3 By accessing, using, testing, evaluating or otherwise participating in any Beta Release, the Customer agrees that this Addendum applies to and governs such participation and use, in addition to the T&Cs.

  1. Nature of the Beta Release

2.1 The Beta Release is a pre-release, beta, trial, pilot, evaluation or test version of a Company Watch product, feature, or functionality.

2.2 Each Beta Release is provided for evaluation, testing and feedback purposes only. It may contain errors, defects or inaccuracies and may not be complete.

2.3 Company Watch may modify, suspend or withdraw any Beta Release (in whole or in part) at any time and without notice. Any functionality, methodology, inputs, weightings, presentation, outputs, availability or content of a Beta Release, may change during the beta phase.

  1. No Warranty and Disclaimer; Use at Customer Risk

3.1 Without prejudice to Clause 9 of the T&Cs, each Beta Release is provided “as is” and Company Watch gives no representation, warranty or undertaking as to:

(a) the accuracy, completeness or reliability of any Beta Release;
(b) the performance, operation, availability, or outcomes of any Beta Release; or
(c) the suitability of any Beta Release for any particular purpose.

3.2 To the extent that any Beta Release provides analytical, predictive, statistical and probabilistic outputs, such outputs are indicative only and do not constitute financial advice, credit advice, underwriting advice or any form of regulated advice.

3.3 The Customer acknowledges and agrees that:
(a) it is solely responsible for any credit, underwriting, lending, insurance or other business decisions made using or in connection with any Beta Release; and
(b) it shall not rely on any Beta Release as the sole or determinative basis for any decision and shall ensure appropriate human review and oversight of any decision informed by a Beta Release.

  1. Liability

4.1 The limitations and exclusions of liability set out in the T&Cs (including but not limited to Clause 9 of the T&Cs) apply in full to each Beta Release.

4.2 Notwithstanding the foregoing, in respect of any beta services, Company Watch shall have no liability arising out of use of, access to, or reliance on any Beta Release, except to the extent such liability cannot lawfully be excluded under clause 9.6 of the T&Cs.

  1. Feedback and Intellectual Property

5.1 The Customer may provide feedback, comments or suggestions regarding any Beta Release.

5.2 Company Watch shall be entitled to use, incorporate and exploit such feedback without restriction or obligation. All Intellectual Property Rights in and to each Beta Release, including any improvements or modifications, remain vested in Company Watch in accordance with Clause 7 of the T&Cs.

  1. Duration

6.1 This Addendum applies only for the duration of each Beta Release phase as notified by Company Watch. Upon general release of a Beta Release, Company Watch may replace this Addendum with updated terms applicable to the production version of the relevant, product, feature or functionality.

6.2 For the avoidance of doubt, this Addendum shall apply to any and all Beta Releases made available by Company Watch to the Customer from time to time, unless Company Watch notifies the Customer that separate beta-specific terms apply to a particular Beta Release.