KAIMO

BETA AGREEMENT

Effective Date: August 26, 2025

WELCOME TO KAIMO! BY REGISTERING FOR AN ACCOUNT, CLICKING ON THE “SIGN UP” BUTTON, OR BY ACCESSING KAIMO’S BETA PRODUCT, YOU ARE AGREEING TO BE BOUND BY THIS BETA AGREEMENT.

This Beta Agreement (this “Agreement”) is between Lanyard, Inc., d/b/a Kaimo (“Kaimo”) and you (“User” or “you”). If you are agreeing to this Agreement on behalf of a legal entity, you represent and warrant that you have the requisite authority to bind such organization. In that case, “User” or “you” refer to that legal entity. The acceptance of this Agreement by the authorized representative of an entity shall apply to all users within the same organization who access or use Kaimo’s Beta Product during Beta Period (defined in Section 12) and such organization shall be responsible for any breach of these terms by any of its users.

The rights and obligations contained in this Agreement are entirely separate from and without prejudice to any existing or future agreement between Kaimo and User relating to any of Kaimo’s products or services. In consideration of you accessing Kaimo’s products, services, and/or features that have not yet been released to the public (“Beta Product”), the parties agree to be bound by the terms and conditions as follows:

  1. Services

1.1        Delivery and Access.  Kaimo will provide access to Beta Product via electronic delivery.  Kaimo may provide reasonable assistance in connection with accessing Beta Product.

1.2         Support.  Kaimo has no obligation under this Agreement to provide support, maintenance, upgrades, modifications, or new releases of Beta Product or any documentation to User.

  1. License 

Kaimo grants to you a non-exclusive, non-transferable, non-sublicensable, revocable license during the Beta Period (defined in Section 12) to use Beta Product for the purposes of evaluating it. You shall not modify, disassemble, decompile, reverse engineer, rent, lease, loan, transfer, or make copies of Beta Product.

  1. Proprietary Rights

3.1         Ownership.  Kaimo retains all ownership rights, title, and interest (including all patent, copyright, trademark, trade secret, and other intellectual property rights) in and to Beta Product and any associated improvements, modifications, enhancements, or derivative works.

3.2        Reservation of Rights.  Kaimo reserves all rights not expressly granted to you in this Agreement. Except for the limited rights and licenses expressly granted under this Agreement, nothing in this Agreement grants, by implication, waiver, estoppel, or otherwise, to User or any third party, any intellectual property rights or other right, title, or interest in or to Beta Product. User acknowledges that User shall not acquire any intellectual property rights or other rights under this Agreement or through User’s access to Beta Product.

3.3        Feedback.  If User or any of its employees or contractors provide comments, suggestions, data, ideas, techniques, concepts, recommended changes, or any other information regarding Beta Product to Kaimo, whether orally or in writing, as well as bug reports or similar types of reports (collectively, “Feedback”), Kaimo shall have the right to retain and commercially use all such Feedback in its current and future products and services without any attribution or compensation to any party. User hereby assigns, all worldwide right, title, and interest in the Feedback and any related intellectual property rights therein to Kaimo and agree to reasonably assist Kaimo at Kaimo’s expense, in perfecting and enforcing such rights. For clarity, all Feedback will be the sole and exclusive property of Kaimo.

  1. Privacy And Data

4.1        Privacy.         Kaimo’s Privacy Policy, as updated from time to time, applies to Beta Product. You acknowledge and agree that by using Beta Product, Kaimo may receive certain information about you including personally identifiable information and you hereby consent to Kaimo’s collection and use of such information in accordance with its Privacy Policy.

4.2        User Data.  You agree that Kaimo may (a) analyze and monitor your use of Beta Product, (b) record any data resulting from your use of Beta Product, and (c) use such data and records in accordance with Kaimo’s Privacy Policy to support and troubleshoot issues, provide updates, analyze trends and improve Kaimo’s products or services.

  1. Fees and Payment

5.1 Payment of Fees.  You are responsible for fees incurred by your account. We reserve the right in the future to change prices upon notice to you, which may be sent by email or directly posted on our website. Your use of Beta Product following such notification or change constitutes your acceptance of any new pricing. All payments shall be in US dollars.

5.2 Third-Party Payment Processor.  We use Stripe, Inc. (“Stripe”) as our third party service provider for payment services. By using Beta Product, you agree to be bound by Stripe’s Privacy Policy: https://stripe.com/privacy, which may be updated from time to time, and hereby consent and authorize us and Stripe to share any information and payment instructions you provide with one or more third party service provider(s) to the minimum extent required to complete your transaction.  

5.3 Taxes.  Fees do not include any taxes, duties, or assessments that may be owed by you for use of Services (“Taxes”). You are responsible for remitting any necessary withholding Taxes to the relevant authority on a timely basis.

5.4 Sales Tax.  In addition to the Fees, we may charge and collect sales tax on taxable services provided to customers, as required by applicable sales tax laws and regulations in the jurisdictions where we operate. We are responsible for remitting the collected sales tax to the appropriate tax authorities.

5.5 Billing.  Failure to pay us all amounts owed when due may result in suspension or termination of your access to Beta Product. All purchases are non-refundable. You can cancel your subscription at any time by logging into your account. Your cancellation will take effect at the end of the current paid term.

  1. Responsibilities and Restrictions

6.1        Input.  You are solely responsible for your input. You must not submit any input or materials that are protected by third-party intellectual property rights, unless you have sufficient rights in such materials. We may block your input or withdraw access to Beta Product, in our sole discretion, if we believe your input violates the rights of a third party, applicable law, our Terms of Use, or is otherwise abusive.

6.2        Output.  You are solely responsible for the use of the output and for ensuring the output complies with our Terms of Use. Kaimo disclaims all warranties, express or implied, regarding the output, including any implied warranties that the output will not violate the rights of a third party or any applicable law. Due to the nature of artificial intelligence generally, Kaimo may produce and deliver output that is unexpected or unsuitable for some users. The output may not be unique and other users of artificial intelligence features may generate the same or similar output. Accordingly, the output might not be protectable by intellectual property rights.

6.3        Restrictions.  You may not use Beta Product to develop products or services that compete with Kaimo or to mislead that the output from Beta Product was solely human-generated; or in a manner that violates the Agreement or our Terms of Use.

  1. Limits of Beta Product

The web testing services provided by Kaimo are designed to automate the testing process, but the results may not be 100% accurate or comprehensive. Users should not rely solely on Kaimo’s test results for critical decisions. They are not a substitute for professional security audits, compliance assessments, or other specialized testing services. It is important to understand that:

  • The outputs from Beta Product are not intended to, and do not, constitute legal, medical, financial, or any other type of professional advice. The insights provided are based on automated analysis and should be considered as one of many tools in your decision-making process.
  • Kaimo’s Beta Product aims to automate web testing but they are not a substitute for the expertise and judgment of professionals in respective fields. Users are encouraged to consult with qualified professionals for advice tailored to their specific circumstances.
  • Reliance on the outputs generated by our Beta Product for making critical decisions without seeking independent professional consultation may not yield the desired outcomes. The nature of AI-generated insights is inherently probabilistic and may not capture all nuances of a website or application's performance or compliance needs.
  • Kaimo does not establish any form of professional relationship (e.g., attorney-client, doctor-patient) through User’s use of its Beta Product. The relationship between Kaimo and its users is limited to the provision of automated web testing tools and related services.
  • Users are solely responsible for their interpretation and application of any outputs generated by the Beta Product. Kaimo shall not be liable for any actions taken or decisions made based on the reliance on such outputs.

  1. Confidentiality

Beta Product, the fact of its existence, all accompanying materials and information disclosed to you hereunder or otherwise in connection with Beta Period, is Kaimo’s “Confidential Information”. You will not use Confidential Information except as necessary under this Agreement, and will not disclose any portion of Confidential Information to any other person or entity. You will use all reasonable steps to protect Confidential Information from unauthorized use or disclosure. Confidential Information does not include information that: (1) was rightfully known by you at the time of disclosure without an obligation of confidentiality, (2) is lawfully obtained by you from a third party without restriction on use or disclosure, or (3) is or becomes generally known to the public through no fault or breach of this Agreement by you. You must notify Kaimo as promptly as practicable of any unauthorized use or disclosure of Confidential Information of which you become aware.

  1. Embedded Third Party Components

The Beta Product may contain technology and data that is licensed from third parties, and use of such third party technology and data is sublicensed to User hereunder in connection with User’s use of the Beta Product for the intended purpose.

  1. Disclaimer of Warranties

BETA PRODUCT MAY CONTAIN ERRORS AND IS PROVIDED FOR LIMITED EVALUATION ONLY. BETA PRODUCT IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. KAIMO SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. KAIMO ALSO DOES NOT WARRANT THAT ITS SERVICES WILL BE UNINTERRUPTED.

  1. Limitations of Liability

EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, KAIMO SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEB TESTING SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF KAIMO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS INCLUDES, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOSS OF GOODWILL, LOSS OF DATA, INTERRUPTION OF SERVICE, OR ANY OTHER COMMERCIAL OR ECONOMIC LOSSES OF ANY KIND, ARISING FROM OR RELATING TO ANY BREACH OF THIS AGREEMENT, ANY USE OR INABILITY TO USE THE WEB TESTING SERVICES, OR ANY OUTPUTS GENERATED BY THE WEB TESTING SERVICES, REGARDLESS OF THE LEGAL THEORY ON WHICH SUCH CLAIM IS BASED, AND EVEN IF KAIMO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, KAIMO’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE AMOUNTS YOU HAVE PAID KAIMO IN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.

THE PARTIES ACKNOWLEDGE THAT THE LIMITATIONS OF LIABILITY IN THIS SECTION AND IN THE OTHER PROVISIONS OF THIS AGREEMENT AND THE ALLOCATION OF RISK HEREIN ARE AN ESSENTIAL ELEMENT OF THE BARGAIN BETWEEN THE PARTIES, WITHOUT WHICH KAIMO WOULD NOT HAVE ENTERED INTO THIS AGREEMENT. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

  1. Term and Termination

This Agreement is effective upon User’s acceptance of these terms evidenced through sign-up and access to Beta Product and will continue until the earlier of (i) Kaimo’s termination of access to Beta Product, or (ii) termination of this Agreement as between Kaimo and User (“Beta Period”). Either party may terminate this Agreement at any time, for any reason. Kaimo reserves the right to withdraw User’s access to Beta Product at any time in its sole discretion without prior notice.

  1. General

13.1 Entire Agreement.  This Agreement constitutes the sole and entire agreement of the parties with respect to Beta Product and supersedes all prior and contemporaneous understandings, agreements, and representations and warranties, both written and oral, with respect to such subject matter. In the event of any conflict between the terms of this Agreement and the Terms of Use, the terms of this Agreement shall prevail for you.

13.2 Amendment and Modification.  Kaimo may update the terms of this Agreement at any time in response to changes to law or regulation by posting or providing written notice to User. Changes will not apply retroactively. No other amendment to or modification of the terms is effective unless it is in writing and agreed to by both parties to this Agreement. Failure to exercise or delay in exercising any rights or remedies arising from the terms of this Agreement does not and will not be construed as a waiver; and no single or partial exercise of any right or remedy will preclude future exercise of such right or remedy.

13.3 Severability.  If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the remaining provisions of this Agreement shall remain in full force and effect.

13.4 Governing Law; Venue.  The laws of the State of California will govern this Agreement without giving effect to any choice of law provision. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. Any action or proceeding arising from or relating to this Agreement must be brought in the federal or state courts located in California.

13.5 Assignment.  User may not assign or transfer any of its rights or delegate any of its obligations hereunder, whether voluntarily, involuntarily, by operation of law or otherwise.

13.6 Export Regulation.  Beta Product may be subject to U.S. export control laws. You may not export or provide access to Beta Product to persons or entities or into countries or for uses where it is prohibited under U.S. or other applicable international law. Beta Product may not be used for any use prohibited by applicable trade laws, and your input may not include material or information that requires a government license for release or export.

13.7 Equitable Relief.  You acknowledge and agree that a breach or threatened breach of any of your obligations or Kaimo’s rights under Sections 2, 3, 5, 6, and 8 would cause Kaimo irreparable harm for which monetary damages would not be an adequate remedy. In the event of such breach or threatened breach, Kaimo will be entitled to seek equitable relief, including a restraining order, an injunction, specific performance, and any other relief that may be available from any court. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, or otherwise.

13.8 Electronic Communications.  You agree to receive electronic communications from Kaimo based on your use of Beta Product. Except where prohibited by applicable law, electronic communications may include email, posting on Kaimo’s website, text or SMS, or as you otherwise request from Kaimo.

13.9 Survival.  Sections 2, 3, 4, 5, 7, 8, 9, 10, 11, and 13 survive any termination or expiration of this Agreement.