Beta Test Agreement

Last Update: December 1, 2023

This Beta Test Agreement (the "Agreement") is made between Hungry Hop Incorporated, a California Corporation ("Hungry Hop"), and the undersigned ("Tester"). This Agreement governs the Tester's access to and use of the beta version of the home-cooked meal ordering platform (the "Beta Platform"), provided by Hungry Hop, for the purpose of testing and feedback. By accessing or using the Beta Platform at https://www.hungryhop.com, Tester agrees to adhere to this Agreement, including all its terms.

1. Acceptance and Compliance: Tester's access to the Beta Platform is contingent upon agreement to this Agreement and adherence to Hungry Hop's standard Terms of Service (https://hungryhop.com/store/terms-of-service), Privacy Policy (https://hungryhop.com/store/privacy-policy), and the Fee Policy (https://hungryhop.com/store/fee-policy) as found on the Hungry Hop website. These documents are incorporated herein by reference. In the event of a conflict, this Agreement shall prevail over the Terms of Service with respect to the Beta Platform.
2. Beta Platform Limitations: Tester acknowledges that the Beta Platform is a pre-release version and may not operate correctly or be fully functional. It may contain errors or inconsistencies and may lead to data loss or other damages. Hungry Hop does not commit to releasing a commercial version of the Beta Platform. Tester assumes all risks associated with the use of the Beta Platform.
3. Compliance with Third-Party Obligations: Tester is solely responsible for ensuring that the use of the Beta Platform complies with all laws, regulations, and obligations under any third-party agreements.
4. Feedback: Tester agrees to provide Hungry Hop with timely feedback regarding the operation and functionality of the Beta Platform. Tester grants Hungry Hop a perpetual, royalty-free license to use this feedback for any purpose.
5. Confidentiality:
1. i. Definition: Confidential Information includes the Beta Platform and all related information Hungry Hop provides to Tester.
2. ii. Obligations: Tester agrees to maintain the confidentiality of all Confidential Information and not disclose it to any third party without the prior written consent of Hungry Hop.
3. iii. Return or Destruction: Upon termination of this Agreement, Tester will return or destroy all Confidential Information as directed by Hungry Hop.
6. Automatic Termination:
1. i. Termination upon Public Launch: This Agreement shall automatically terminate upon the public launch of the Hungryhop.com website ("Launch Date"). The Tester will be notified of the Launch Date in advance through a communication from Hungry Hop.
2. ii. Survival of Certain Provisions: Notwithstanding the termination of this Agreement, the provisions of sections 1, 2, 3, 4, 5, and 7 will survive, and any other provisions of this Agreement that by their nature should survive termination, shall remain in effect beyond the termination of this Agreement.
3. iii. No Liability for Termination: The automatic termination of this Agreement, as stipulated in this section, is a mutually agreed upon term and shall not render either party liable to the other for any form of compensation, damages, or other liabilities.
4. iv. Final Reporting: Prior to the Launch Date, the Tester agrees to submit any final feedback, reports, or assessments related to the Beta Platform as may be reasonably requested by Hungry Hop.
7. Feedback and Public Statements:
1. i. Constructive Feedback: While engaged in testing, the Tester agrees to direct all feedback, whether positive or negative, primarily to Hungry Hop through the channels provided for this purpose. The intent is to enable Hungry Hop to respond to and address feedback effectively and to improve the Beta Platform.
2. ii. Public Statements: The Tester agrees to refrain from publicly posting reviews or making statements that could be construed as defamatory, libelous, or unlawfully disparaging the Beta Platform, Hungry Hop, or its services and products. This does not restrict the Tester from providing honest, constructive, and factual feedback in public forums, provided such feedback complies with the standards of lawful and respectful communication.
3. iii. Responsible Sharing: The Tester is encouraged to share experiences and opinions in a constructive manner that is aimed at contributing to the improvement of the Beta Platform. In cases where the Tester has significant concerns or negative experiences, the Tester agrees to provide Hungry Hop with the opportunity to address such issues first before making such concerns public.
4. iv. Compliance with Laws: This clause shall be in compliance with all applicable laws and regulations, including those related to free speech and consumer protection. This Agreement does not restrict the Tester's right to provide honest, fair, and lawful commentary about their experience with the Beta Platform."
8. Disclaimers: The Beta Platform is provided "as is" without any warranties. Hungry Hop disclaims all warranties, express or implied, to the maximum extent permitted by law.
9. Limitation of Liability: Hungry Hop's liability to Tester is limited to a maximum of $50.00. Hungry Hop will not be liable for any direct, indirect, special, or consequential damages arising out of this Agreement or the use of the Beta Platform.
10. General: This Agreement is governed by the County of San Diego, California laws. The parties consent to the exclusive jurisdiction of California courts. This Agreement constitutes the entire agreement between the parties regarding its subject matter and supersedes all prior agreements. Tester may not assign this Agreement without the prior written consent of Hungry Hop. Any waiver of rights must be in writing and signed by Hungry Hop.

By using the Beta Platform, Tester agrees to the terms outlined in this Agreement.