EdÛcare Beta Terms

These Beta Terms (these “Beta Terms”) apply to your access and use of EdÛcare’s Beta Products (as defined below). By accepting these Beta Terms or by using the Beta Products, you acknowledge that: (a) you have read, understand, and have the authority to enter into these Beta Terms; and (b) you are an existing customer of EdÛcare under a separate master services agreement that governs your use of EdÛcare’s products and services other than the Beta Product.

“Beta Product” shall mean those products, software, services, and/or features that are designated as beta or pre-release versions of EdÛcare and are provided to you during the term hereof. The Beta Product may include access to EdÛcare’s Model Context Protocol server (“Beta MCP”). The Beta Product is intended for limited evaluation purposes only, is not generally available, may contain bugs and errors, and may be subject to additional terms as set forth in any associated documentation.

License. EdÛcare grants to you a non-exclusive, non-transferable, non-sublicensable, revocable license to use the Beta Product solely for the purposes of testing, research, and evaluation. You shall not duplicate, modify, disassemble, decompile, reverse engineer, rent, lease, loan, transfer, tamper with, or make copies of the Beta Product. You shall not use the Beta Product for any purpose that is illegal or in any way that might result in any loss of its or any third party’s property or information. You shall not permit any individual who is legally incapable of giving consent for the use of online services or the collection and processing of their personal data to use the Beta Product (e.g., individuals under 13 years old in the U.S.). The Beta MCP shall only be used for the purpose of testing, researching, and evaluating your ability to search and recommend EdÛcare courses within your internal artificial intelligence system. You shall not: (a) bulk download, transform, vectorize, or store any output generated in connection with the Beta MCP ("BETA MCP Output"); or (b) use such output to train, fine-tune, or otherwise adapt any large language or artificial intelligence model.

Ownership. All title, interest, and ownership rights in and to the Beta Product and associated documentation, including any improvements, modifications, and enhancements made thereto, are and shall remain in EdÛcare. As between you and EdÛcare, EdÛcare retains ownership of all Beta MCP Output. Except for those rights expressly granted herein, no other rights are granted, either express or implied, to you.

Confidentiality. The Beta Product, the fact of its existence, all accompanying documentation, and all information disclosed by EdÛcare to you hereunder or otherwise in connection with the Beta Product, including without limitation performance data, features and other information relating to or obtained from the Beta Product, is “Confidential Information” of EdÛcare. You will not use the Confidential Information except as necessary under these Beta Terms and will not disclose any portion of the Confidential Information to any other person or entity. You will use all reasonable steps to protect the Confidential Information from unauthorized use or disclosure. Confidential Information does not include information that: (a) was rightfully known by you at the time of disclosure without an obligation of confidentiality; (b) is lawfully obtained by you from a third party without restriction on use or disclosure; or (c) is or becomes generally known to the public through no fault or breach of these Beta Terms by you. The obligations in this Section shall survive the termination of these Beta Terms.

Term and Termination. The term of the Beta Terms commences on the date you indicate your acceptance to the Beta Terms or enable or use the Beta Product, whichever is earlier, and will remain in effect unless either party provides written notice of termination to the other party or the Beta Product test period expires (which period shall be determined in EdÛcare’s sole discretion), whichever is earlier. Your license to use the Beta Product will commence on the date EdÛcare makes such Beta Product available to you and will end on the date EdÛcare makes such Beta Product generally available or the termination of the Beta Terms, whichever is earlier. You acknowledge and agree that EdÛcare may in its sole discretion: (a) discontinue making the Beta Product available to you at any time; (b) transition any free Beta Product to a paid service requiring payment for continued access; and (c) never make the Beta Product generally available. You acknowledge and agree that your decision to purchase EdÛcare’s product and services was not and is not contingent on the delivery of any future functionality or features. When the term of these Beta Terms terminates, you agree to return any and all Confidential Information and copies thereof that are related to the Beta Product to EdÛcare.

Data & Feedback. You agree that EdÛcare may obtain information and data from you in connection with the use and administration of the Beta Product program including, but not limited to, personal information like your name and feedback regarding beta testing. EdÛcare may also collect and process technical and performance information about your use of the Beta Product and use this information to support and troubleshoot issues, provide updates, analyze trends, and improve EdÛcare products or services. EdÛcare shall be allowed to use such data and share such data with EdÛcare service providers to administer the Beta Product program. Where consent for the processing and transfer of personal information is required by law, you agree that you consent to EdÛcare processing and transferring the information described in this section, including, if any, personal information, in conformity with EdÛcare’s Privacy Policy (https://educaire.com/terms/privacy/), as updated from time to time. Further, you agree to provide feedback to EdÛcare concerning the functionality and performance of the Beta Product from time to time as reasonably requested by EdÛcare, including, without limitation, identifying potential errors and improvements. You will also be invited to complete surveys regarding the EdÛcare products and services. Feedback provided to EdÛcare through any of the foregoing methods in connection with the Beta Product may be used by EdÛcare to create, improve, or enhance products, services and/or features. You grant EdÛcare an unlimited, worldwide, irrevocable, perpetual, sublicensable, royalty-free license to use any such feedback or suggestions for any purpose without any obligation or compensation to you.

THE BETA PRODUCT MAY CONTAIN ERRORS AND IS PROVIDED FOR LIMITED EVALUATION ONLY. THE BETA PRODUCT IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. EDÛCARE SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

THE TOTAL LIABILITY OF EDÛCARE ARISING OUT OF OR RELATED TO THESE BETA TERMS SHALL NOT EXCEED $100. IN NO EVENT SHALL EDÛCARE HAVE LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Miscellaneous. These Beta Terms shall be governed by the laws of California without reference to conflict of laws principles. You shall not assign these Beta Terms, directly or indirectly, by operation of law or otherwise, without the prior written consent of EdÛcare. You shall comply in all respects with all U.S. and foreign sanctions, export, and re-export laws and regulations applicable to the technology and documentation provided hereunder. This is the entire agreement between the parties relating to the subject matter hereof. No waiver or modification of these Beta Terms shall be valid unless in writing signed by each party. If any provision of these Beta Terms is held by a court of competent jurisdiction to be contrary to law, the remaining provisions of these Beta Terms shall remain in full force and effect. These Beta Terms, or any part thereof, may be modified by EdÛcare at any time, including the addition or deletion of terms at any time, and such modifications, additions or deletions will be effective immediately upon posting.