PLEASE READ THESE TERMS CAREFULLY. BY USING A STACKPATH PREPRODUCTION SERVICE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS DOCUMENT, THE MSA AND OTHER GOVERNING DOCUMENTS.
1. Alpha, Beta, and Early Access
1.1 Definitions
Early Access: Early Access is a limited availability test of features or functionalities which are made available by StackPath to a closed group of testers for a limited subset of launches. Participation is by invitation only and may require signing a pre-general-availability agreement, including confidentiality provisions. Early Access features may be unstable, not feature complete, not backward compatible with production products, and are not guaranteed to be released. Failures caused by Early Access features that result in outages related to products that receive support or are covered by SLA, are also not covered. Early Access products or features are not for production traffic and are used solely at customer’s risk. You waive any claims you may have concerning Early Access products or features and agree to defend, indemnify and hold Us harmless from any claims or losses relating to your access to or use of Early Access products or features. Early access releases are rare and usually focus on validating product prototypes. The length of an Early Access phase for a product is variable and at the discretion of StackPath.
Alpha: Alpha is a limited-availability test of features or functionalities before releases are cleared for more widespread use. StackPath’s focus with Alpha testing is to verify functionality and gather feedback from a limited set of customers. Typically, Alpha participation is by invitation and may require signing a pre-general-availability agreement, including confidentiality provisions. Alpha features may be unstable, not feature complete, backward compatible with production products, and are not guaranteed to be released. There are no SLAs provided and no technical support obligations, guarantees, or warranties. Alpha phase products are generally for use in test environments but may impact previous functionality of features that have been previously released into production. Failures caused by Alpha features that result in outages related to products that receive support or are covered by SLA, are also not covered. Alpha products or features are not for production traffic and are used solely at customer’s risk. You waive any claims you may have concerning Alpha products or features and agree to defend, indemnify and hold Us harmless from any claims or losses relating to your access to or use of Alpha products or features. Alpha releases are rare and usually focus on validating product prototypes. The length of an Alpha phase for a product is variable and at the discretion of StackPath.
Beta: During Beta access, products or features are ready for broader customer testing and use. StackPath’s focus with Beta testing is to verify functionality and gather feedback from customers who are interested in providing beta feedback. Betas are often publicly announced and can be enabled in the web application. The use of any Beta feature is optional. Beta features may be unstable, not feature complete, backward compatible with production products, and are not guaranteed to be released. There are no SLAs provided and no technical support obligations, guarantees, or warranties in a Beta release unless otherwise specified in the written terms of a particular Beta program. Beta phase products are generally for use in test environments but may impact previous functionality of features that have been previously released into production. Failures caused by Beta features that result in outages related to products that do carry support or are covered by SLA, are also not covered. Beta products or features are not for production traffic and are used solely at customer’s risk. You waive any claims you may have concerning Beta products or features and agree to defend, indemnify and hold Us harmless from any claims or losses relating to your access to or use of Beta products or features. Beta releases are common and usually focus on final validation of a product prior to its final release. The length of a Beta phase for a product is variable and at the discretion of StackPath.
1.2 This section describes the additional terms and conditions under which you may access and use certain features, technologies, and services made available to you by StackPath that are not yet generally available, including, but not limited to, any products, services, or features labeled “Alpha, “Beta”, or “Early Access”, and any related StackPath Content (each, a “Preproduction Service”).
1.3 You must comply with all terms related to any Preproduction Service as stated in the SOW or otherwise made available to you. StackPath may add or modify terms, including lowering or raising any usage limits, related to access to or use of any Preproduction Services or general services they are used with after providing written notification. Use of any Preproduction Service which results in fees due to interactions with a production product will be passed onto the customer. There are no SLAs provided and no technical support obligations, guarantees, or warranties in a Beta release unless otherwise specified in the written terms of a particular Beta program.
1.4 You are encouraged to provide StackPath with information relating to your access, use, testing, or evaluation of Beta Services, including observations or information regarding the performance, features, and functionality of Beta services (“Test Observations”). StackPath will own and may use and evaluate all Test Observations for its own purposes. You will not use any Test Observations except for your internal evaluation purposes of any Preproduction Service. Observations may be submitted in writing to feedback@stackpath.com.
1.5 Test Observations, Suggestions concerning a Preproduction Service, and any other information about or involving (including the existence of) any Preproduction Service are considered StackPath Confidential Information.
1.6 StackPath may suspend or terminate your access to or use of any Early Access, Alpha, or Preproduction Service with or without advanced notice. Your access to and use of each Beta Service will automatically terminate upon the release of a generally available version of the applicable Beta Service or upon notice of termination by StackPath. Notwithstanding anything to the contrary in the Agreement, after suspension or termination of your access to or use of any Beta Service for any reason, (a) you will not have any further right to access or use the applicable Preproduction Service, (b) your Content used in the applicable Preproduction Service may be deleted or inaccessible, and (c) you may subscribe to any Preproduction Service that becomes General Availability however information entered or generated by a Preproduction Service may not translate over to production.
1.7 WITHOUT LIMITING ANY DISCLAIMERS IN THE AGREEMENT OR THE SERVICE TERMS, PREPRODUCTION SERVICES ARE NOT READY FOR GENERAL COMMERCIAL RELEASE AND MAY CONTAIN BUGS, ERRORS, DEFECTS, OR HARMFUL COMPONENTS. ACCORDINGLY, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE AGREEMENT OR THESE SERVICES TERMS, STACKPATH IS PROVIDING PREPRODUCTION SERVICES TO YOU “AS IS.” STACKPATH MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE REGARDING PREPRODUCTION SERVICES, INCLUDING ANY WARRANTY THAT THE PREPRODUCTION SERVICES WILL BECOME GENERALLY AVAILABLE, BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT, INCLUDING YOUR CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. EXCEPT TO THE EXTENT PROHIBITED BY LAW, STACKPATH DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE.