Software User Agreement
Private Beta Access Agreement
This Private Beta Software User Agreement (the “Agreement”), effective as of the date User accepts these terms (“Effective Date”), is made by and between Equivalent Design LLC, a North Carolina limited liability company (“Company”), with its principal place of business located at 276 Laurel Terrace CT, Mills River, NC 28759, and the individual or organization accepting this Agreement (“User”).
Company is developing proprietary software technology, including responsive Smart SVG™ technology, and is providing limited access to select users for confidential testing, evaluation, and feedback purposes (the “Private Beta Program”).
By creating an account, accessing the Software, or using the Software or API, User acknowledges that the Software is pre-release technology, understands the confidential nature of the Private Beta Program, and agrees to be bound by this Agreement.
Private Beta License; Access
Subject to the terms of this Agreement, Company grants User a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use Company’s private beta software, including Company’s proprietary user-selected color theme responsive behavior technology (“Smart SVG™ Code”), APIs, generated Smart SVG™ Files, documentation, and related features and functionality (collectively, the “Software”).
The Software is provided solely for User’s internal evaluation, testing, development, and feedback purposes during the Private Beta Program.
User may generate files using Smart SVG™ Code (“Smart SVG™ Files”). Smart SVG™ Code embedded within Smart SVG™ Files may only be used on websites unless Company provides prior written approval for another use case, including mobile applications or other software environments.
Company may modify, suspend, restrict, or terminate User’s access to the Software at any time.
Confidentiality and Private Beta Restrictions
The Private Beta Program is confidential and provided only to approved testers.
User acknowledges and agrees that the existence of the Private Beta Program, the Software, Smart SVG™ technology, features, functionality, documentation, designs, screenshots, recordings, demonstrations, performance information, technical information, product plans, roadmap information, pricing information, communications with Company, and any other information learned through participation in the Private Beta Program are confidential and proprietary information of Company (“Confidential Information”).
User agrees that it will not, directly or indirectly, without Company’s prior written permission:
Disclose the existence of the Private Beta Program to any third party.
Share access to the Software with any unauthorized person.
Publish, post, review, discuss, demonstrate, or reference the Software publicly.
Share screenshots, screen recordings, videos, images, documentation, or technical details.
Post about the Software on social media, websites, forums, communities, or other public channels.
Provide access to competitors, media, investors, or other external parties.
Disclose API access, credentials, documentation, or technical information.
User may share Confidential Information only with authorized members of User’s organization who have a legitimate need to access the Software and who are bound by confidentiality obligations at least as protective as those contained in this Agreement.
User’s confidentiality obligations continue during and after participation in the Private Beta Program and remain in effect until the Confidential Information becomes publicly available through no breach of this Agreement by User.
Restrictions
User shall not, directly or indirectly:
(i) reverse engineer, disassemble, decompile, decode, adapt, or attempt to discover the source code, object code, algorithms, architecture, or underlying structure of the Software or related technology, except where such restriction is prohibited by applicable law;
(ii) copy, modify, translate, create derivative works of, or reproduce the Software;
(iii) use the Software for timesharing, service bureau purposes, resale, commercial distribution, or any purpose other than User’s internal evaluation and testing;
(iv) rent, lease, sell, sublicense, assign, distribute, publish, transfer, or provide access to the Software;
(v) remove proprietary notices, trademarks, copyrights, or other ownership notices;
(vi) use the Software in violation of applicable laws or regulations; or
(vii) permit any unauthorized third party to access or use the Software.
User will use reasonable efforts to prevent unauthorized use of the Software and will promptly notify Company of any unauthorized access, use, or disclosure.
User Data
“User Data” means any files, information, materials, or other content uploaded, submitted, or provided by User through the Software.
User retains ownership of User Data.
User grants Company permission to process User Data solely as necessary to provide, maintain, secure, analyze, and improve the Software and Private Beta Program.
User acknowledges that the Software may have limitations regarding storage duration, file size, and data retention. Company may delete User Data that exceeds applicable limitations or upon termination of access.
Company does not sell User Data.
If User Data contains personal information, Company will process such information only as necessary to provide the Software and comply with applicable privacy laws.
Company uses third-party service providers to collect feedback, understand product usage, monitor performance, and improve the Software experience.
Company currently uses:
Canny Privacy Policy, a feedback management platform used for collecting feature requests, bug reports, and product feedback.
PostHog Privacy Policy, a product analytics platform used to understand how users interact with the Software, measure feature usage, identify improvements, and improve product performance.
These providers are contractually restricted from selling data collected on Company’s behalf and are required to process information according to applicable privacy and data protection requirements.
Ownership; Feedback
Company retains all right, title, and interest in and to the Software, Smart SVG™ Code, Smart SVG™ Files technology, documentation, trademarks, designs, improvements, and all related intellectual property.
No rights or licenses are granted except as expressly provided in this Agreement.
User may provide suggestions, comments, ideas, bug reports, feature requests, or other feedback (“Feedback”).
All Feedback may be used by Company without restriction, compensation, or obligation to User. User assigns to Company all rights necessary for Company to use such Feedback.
Warranty Disclaimer
THE SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE.”
COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR PERFORMANCE.
User understands that the Software is pre-release technology and may contain errors, bugs, limitations, or incomplete functionality.
Limitation of Remedies and Damages
TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY, ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, AND CONTENT PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA LOSS, BUSINESS INTERRUPTION, OR COSTS OF SUBSTITUTE PRODUCTS OR SERVICES.
COMPANY’S TOTAL LIABILITY ARISING FROM THIS AGREEMENT SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100).
Termination
Company may terminate or suspend User’s access to the Private Beta Program at any time.
User may stop participating at any time.
Upon termination, User must immediately stop using the Software and cease accessing Confidential Information.
The confidentiality, ownership, restrictions, warranty disclaimer, limitation of liability, and other provisions that by their nature should survive termination will remain effective.
API Access and Credentials
Company may provide User with API keys or access credentials (“API Credentials”) to access certain Software functionality.
API Credentials are confidential, personal to User, and may not be shared with any third party.
User is responsible for all activity conducted through User’s API Credentials.
User shall immediately notify Company at support@equivalentsvg.com if User becomes aware of unauthorized use or disclosure of API Credentials.
Company may revoke API Credentials at any time, including in the event of suspected misuse, security concerns, or termination of this Agreement.
Any unauthorized use of API Credentials, including automated bulk access, scraping, or access by unauthorized parties, is a material breach of this Agreement.
General
This Agreement represents the entire agreement between User and Company regarding the Private Beta Program and supersedes prior communications and agreements relating to the Software.
This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina without regard to conflicts of law principles.
Unless prohibited by applicable law, any controversy or claim arising out of or relating to this Agreement shall be resolved by arbitration in North Carolina in accordance with the rules of JAMS then in effect by a single arbitrator experienced in commercial contract disputes.
Company may seek injunctive or equitable relief from any court of competent jurisdiction for any unauthorized disclosure, misuse, or threatened misuse of Confidential Information.
User may not assign or transfer this Agreement without Company’s written consent. Company may assign this Agreement.
No agency, partnership, joint venture, or employment relationship is created between User and Company.
If any provision of this Agreement is held unenforceable, it shall be modified only to the extent necessary to make it enforceable.
The failure of either party to enforce any provision shall not constitute a waiver of that provision or any future breach.
Support
Company will provide technical support and customer service by email during weekdays from 9:00 AM to 5:00 PM Eastern Time, excluding federal holidays.
Users may request support by emailing support@equivalentsvg.com.
Company will use commercially reasonable efforts to respond to support requests within two business days.
Acceptance
By checking the acceptance box, creating an account, accessing the Software, or using the API, User acknowledges that:
User has read and understood this Agreement.
User understands that this is a confidential private beta program.
User agrees not to disclose the existence of the Private Beta Program or any related information outside authorized communications with Equivalent Design LLC.
User agrees not to share access, screenshots, recordings, documentation, features, or technical information without written permission.
User agrees to be legally bound by this Agreement.