Early Access Agreement

This Early Access Agreement (“Agreement”) governs your participation in Marty beta, pilot, preview, evaluation, design partner, or other pre-release programs and your access to their software, features, content, documentation, and services (together, “Early Access Services”). “Marty,” “we,” and “us” refer to the provider identified in the applicable enrollment or order materials. “You” means the individual or organization accepting this Agreement. If you accept for an organization, you represent that you are authorized to bind it.

You accept this Agreement by clicking an acceptance control, requesting or accepting access, or using Early Access Services. Participation is voluntary. If you do not agree, do not access or use them.

If you and Marty have an applicable services agreement, terms of service, order, or data processing agreement (“Main Terms”), those terms continue to govern the underlying services, account, payments, content, privacy, acceptable use, intellectual property, disputes, and other matters they cover. This Agreement controls only if and to the extent it conflicts with the Main Terms concerning Early Access Services. Specific written beta invitations, order terms, or in-product notices may define program eligibility, duration, authorized users, feature scope, fees, credits, usage limits, or support. They do not override this Agreement unless they expressly say so. If no Main Terms apply, this Agreement governs the Early Access Services on its own.

We may offer Early Access Services to selected participants at our discretion. They may be incomplete, unstable, or unavailable. We may change, limit, reset, suspend, commercialize, make generally available, or discontinue them at any time, with or without notice. We have no obligation to release a final product or include any feature in a future offering. Availability of a preview does not promise a release date, feature set, price, or continued access.

While your access is authorized and subject to this Agreement, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Early Access Services solely for evaluation, testing, internal business assessment, and providing feedback, or for other purposes we expressly authorize in writing or in applicable program materials. We retain all rights not expressly granted.

Unless expressly authorized, you may not sell, rent, lease, sublicense, distribute, transfer, share access to, or make the Early Access Services available to third parties; copy, modify, adapt, reverse engineer, decompile, or create derivative works from them except to the extent a restriction is prohibited by applicable law; circumvent usage limits or security measures; or use them unlawfully or in violation of the Main Terms. Do not use them in production, regulated, safety critical, mission critical, external facing, customer impacting, or revenue generating operations unless we expressly authorize that use. You remain responsible for your users and for decisions to act on results.

Access may be free or subject to stated fees, credits, seat limits, rate limits, model limits, or other usage thresholds disclosed in applicable program materials. We will charge for optional paid usage only if you or an authorized account administrator affirmatively purchases, enables, or approves it under the applicable purchase terms. Exceeding a limit may result in throttling, restricted features, suspension, a required upgrade or purchase, or termination. We may also take these steps when we reasonably determine that continued access presents capacity, security, abuse, legal, billing, or operational risk. You are not entitled to compensation for testing or feedback.

You retain any rights you have in data, files, prompts, text, images, and other materials you submit or create through the Early Access Services (“Your Content”). You grant us the rights reasonably needed to host, process, reproduce, display, and use Your Content to provide, secure, maintain, and improve the Early Access Services, subject to any applicable Main Terms and privacy or data processing terms. You represent that you have the rights needed to submit Your Content and that doing so does not violate law or third party rights. Do not submit third party confidential information unless you have authorization and applicable protections are in place.

As a condition of participation, you agree to provide reasonably timely feedback, bug reports, or evaluation observations when we request them. Suggestions, ideas, reports, and other feedback about the Early Access Services (“Feedback”) may be used, modified, incorporated, and commercialized by us without restriction, attribution, payment, or obligation to you. You grant us a worldwide, perpetual, irrevocable, transferable, sublicensable, royalty free license to do so. You represent that you may provide the Feedback and that it does not contain another party’s confidential information. Your Content does not become Feedback merely because it is processed through the service.

Data, settings, configurations, workflows, files, outputs, logs, integrations, and other materials associated with Early Access Services may be lost, corrupted, deleted, reset, migrated, changed, or unavailable. You are responsible for maintaining appropriate independent backups and for deciding what information is suitable to submit. You must review outputs and any automated or agent actions before relying on them, sharing them externally, or allowing them to affect business, legal, security, compliance, financial, personnel, customer, or operational decisions. Applicable privacy, security, retention, and data processing obligations in the Main Terms continue to apply; this Agreement does not waive obligations that cannot lawfully be waived.

Non-public Early Access Services and related non-public features, designs, screenshots, documentation, performance, security information, pricing, roadmaps, communications, and other information identified as confidential or reasonably understood to be confidential are our “Confidential Information.” You will use reasonable care to protect it, use it only for permitted evaluation, and disclose it only to your personnel and professional advisers who need to know it and are bound by confidentiality duties at least as protective as these. You are responsible for their compliance. Without our prior written consent, you may not publicly disclose, publish, screenshot, record, benchmark, demonstrate, or discuss non-public Early Access Services.

Confidential Information excludes information that you can establish was publicly available without breach, lawfully known to you without a duty of confidence before disclosure, lawfully received from another source without such a duty, or independently developed without use of our Confidential Information. If disclosure is required by law, you may disclose only what is required and, where lawful, give us prompt notice and reasonable cooperation. These duties survive termination for three years, and for trade secrets for as long as applicable law protects them.

Early Access Services may contain bugs, errors, omissions, vulnerabilities, and performance or compatibility problems. Unless we expressly agree otherwise in a signed writing, they carry no uptime, service level, support, retention, compatibility, roadmap, or performance commitment. To the maximum extent permitted by law, they are provided “as is” and “as available.” We disclaim all express, implied, and statutory warranties, including merchantability, fitness for a particular purpose, non-infringement, accuracy, reliability, and uninterrupted or error-free operation. Some jurisdictions do not permit certain disclaimers, so these exclusions apply only to the extent permitted by law.

The limitations and exclusions of liability in applicable Main Terms apply to Early Access Services. If no Main Terms apply, then, to the maximum extent permitted by law, neither party is liable under this Agreement for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, goodwill, or data, even if advised of the possibility. Our aggregate liability arising from or relating to Early Access Services will not exceed the greater of US $100 or the amount you paid us specifically for the affected Early Access Services during the twelve months before the event giving rise to the claim. Nothing in this section limits liability that applicable law does not permit us to limit, or your payment obligations or misuse of our intellectual property or Confidential Information.

This Agreement begins when you first accept or access Early Access Services and continues until terminated. You may stop participating at any time. We may limit, suspend, revoke, or terminate access at any time, with or without notice, including for breach, misuse, excess usage, capacity constraints, nonpayment, security or legal risk, program changes, or discontinuation. On termination, your right to use the affected Early Access Services ends immediately; you must stop using them and, on request, return or destroy our Confidential Information and copies of downloadable beta software, except copies you must retain by law or in routine backups protected under this Agreement. Sections that by their nature should continue, including Feedback, confidentiality, disclaimers, liability, and dispute provisions, survive termination.

If Main Terms apply, their governing law, dispute resolution, notices, severability, and other general provisions apply to this Agreement. If no Main Terms apply, the laws of the Republic of Croatia govern this Agreement and disputes arising from it, without regard to conflict of laws rules. The competent courts in Zagreb, Croatia, have jurisdiction over those disputes, and the parties consent to their jurisdiction. If a provision is unenforceable, the remaining provisions remain effective. This Agreement and any applicable Main Terms and program specific written terms constitute the entire agreement regarding Early Access Services and supersede earlier discussions on that subject. Any amendment must be agreed in writing or made under an applicable amendment process in the Main Terms.