Closed Beta Service Agreement

This Closed Beta Service Agreement ("Agreement") is entered into as of date of subscription by and between:

OMG E-Commerce GmbH (the “Company“), a company organized and existing under the laws of Germany, with its principal place of business at Damenstiftstraße 12 80331 München, and

YOU asa Beta Tester (the "Beta Tester").

Background

Company is developing a service (the "Service") and desires to engage Beta Tester to participate in a closed beta testing program for the Service.

Beta Tester desires to participate in the closed beta testing program and to provide feedback to Company regarding the Service.

Agreement

  1. Beta Testing Services: During the term of this Agreement, Beta Tester agrees to test the Service and provide feedback to Company regarding its performance, functionality, and any issues encountered during use.
  2. Access to Service: Company will provide Beta Tester with access to the Service for the sole purpose of testing and evaluation during the beta testing period.
  3. Confidentiality: Beta Tester agrees to keep all information related to the Service, including but not limited to features, functionality, and performance, confidential and will not disclose such information to any third party without the prior written consent of Company.
  4. Feedback: Beta Tester agrees to promptly provide Company with feedback, including but not limited to any bugs, errors, or suggested improvements discovered during the testing period.
  5. Ownership: Beta Tester acknowledges that Company is the sole owner of all rights, title, and interest in and to the Service, including all intellectual property rights.
  6. Limitation of Liability: Beta Tester agrees that Company shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from the use or inability to use the Service.
  7. Term and Termination: This Agreement shall commence on the Effective Date and shall continue until to be announced. Either party may terminate this Agreement at any time upon written notice to the other party.
  8. Indemnification: Beta Tester agrees to indemnify and hold harmless Company from and against any claims, damages, liabilities, costs, and expenses arising out of or related to Beta Tester's use of the Service.
  9. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of Germany.
  10. Entire Agreement: This Agreement constitutes the entire agreement between the parties regarding the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, whether written or oral.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the Effective Date first above written.