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Terms and Conditions - Reliquary Beta

Effective Date: October 25, 2025

IMPORTANT: THESE TERMS AND CONDITIONS ("BETA TERMS") APPLY ONLY TO THE BETA TESTING PERIOD AND WILL BE SUPERSEDED BY SEPARATE TERMS UPON ANY COMMERCIAL LAUNCH OF THE SERVICE

1. ACCEPTANCE AND SCOPE OF AGREEMENT

These Beta Testing Terms and Conditions (the "Beta Terms" or "Agreement") constitute a legally binding agreement between you ("Beta Tester," "you," or "your") and ACM Concepts LLC, a limited liability company organized under the laws of [State] ("Company," "Reliquary," "we," "us," or "our"), governing your access to and use of the Reliquary beta platform, including all software, services, features, content, applications, and products provided in connection therewith (collectively, the "Beta Service").

By clicking "I Accept," accessing, or using the Beta Service, you acknowledge that you have read, understood, and agree to be bound by these Beta Terms and our Beta Privacy Policy, which is incorporated herein by reference. If you are entering into these Beta Terms on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Beta Terms.

The Beta Service is provided mainly for testing, evaluation, and feedback purposes. Transition to a commercial version of the service is expected in the future and will be governed by separate Terms and Conditions.

2. BETA SERVICE DESCRIPTION AND NATURE

2.1 Pre-Release Status. You acknowledge and agree that the Beta Service is pre-release software that has not been commercially released and may never be released commercially. The Beta Service is still under development and will be subject to changes, which may be substantial, prior to any commercial release, if any.

2.2 Testing Purpose. A primary purpose of this beta testing program is to obtain feedback regarding the performance, features, functionality, and user experience of the Beta Service, and to identify defects, errors, and areas for improvement.

2.3 Known and Unknown Issues. THE BETA SERVICE MAY CONTAIN DEFECTS, ERRORS, BUGS, SECURITY VULNERABILITIES, AND OTHER PROBLEMS THAT COULD CAUSE SYSTEM OR OTHER FAILURES, DATA LOSS, DATA CORRUPTION, SERVICE INTERRUPTIONS, OR OTHER DAMAGE. THE BETA SERVICE MAY BE INCOMPLETE AND MAY CONTAIN FEATURES THAT MAY NOT FUNCTION PROPERLY OR AT ALL.

2.4 Data Use at Your Own Risk. While you may choose to use real data, including production data, with the Beta Service during the testing period, YOU DO SO ENTIRELY AT YOUR OWN RISK. We strongly recommend maintaining complete backups of any data before using it with the Beta Service. You acknowledge that data loss, corruption, or unauthorized access may occur, and you accept full responsibility for any consequences of using real data with the Beta Service.

2.5 Service Availability. The Beta Service may be interrupted, suspended, modified, or discontinued at any time without notice. We do not guarantee any level of availability, uptime, or performance of the Beta Service.

3. LICENSE GRANT AND RESTRICTIONS

3.1 Limited License. Subject to your compliance with these Beta Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Beta Service solely for evaluation, testing, and feedback purposes during the beta testing period.

3.2 License Restrictions. You shall not, and shall not permit any third party to:

  • Copy, modify, adapt, translate, or create derivative works based on the Beta Service
  • Reverse engineer, disassemble, decompile, or otherwise attempt to derive or discover the source code or underlying algorithms of the Beta Service
  • Remove, alter, or obscure any proprietary notices or labels on the Beta Service
  • Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Beta Service to any third party
  • Use the Beta Service for benchmarking or competitive analysis
  • Use the Beta Service to develop or enhance any competing product or service
  • Access the Beta Service in order to build a similar or competitive product or service
  • Share, publish, or disclose your access credentials with any third party
  • Circumvent or attempt to circumvent any security features or access controls
  • Use the Beta Service in any manner that violates applicable laws or regulations
  • Use automated systems or software to extract data from the Beta Service except through provided APIs

3.3 Reservation of Rights. All rights not expressly granted to you in these Beta Terms are reserved by the Company. The Beta Service is protected by copyright, trade secret, and other intellectual property laws.

4. BETA TESTER OBLIGATIONS

4.1 Feedback Obligations. As a condition of participation in the beta testing program, you agree to provide reasonable feedback regarding your use of the Beta Service, including but not limited to bug reports, feature suggestions, usability issues, and general impressions. Feedback should be provided through the designated channels we specify.

4.2 Compliance. You agree to comply with all applicable laws and regulations in your use of the Beta Service, including without limitation export control laws and regulations, privacy laws, and intellectual property laws.

4.3 Accurate Information. You agree to provide accurate, current, and complete information when registering for the Beta Service and to maintain and promptly update such information to keep it accurate, current, and complete.

4.4 Security. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security.

5. INTELLECTUAL PROPERTY AND FEEDBACK

5.1 Ownership of Beta Service. The Beta Service and all intellectual property rights therein are and shall remain the sole and exclusive property of ACM Concepts LLC and its licensors. Nothing in these Beta Terms transfers any ownership rights to you.

5.2 Feedback. Any feedback, comments, suggestions, ideas, bug reports, or other information you provide to us regarding the Beta Service ("Feedback") shall become the sole and exclusive property of ACM Concepts LLC. You hereby irrevocably transfer, assign, and convey to ACM Concepts LLC all right, title, and interest in and to all Feedback, including all intellectual property rights therein. To the extent such assignment is ineffective under applicable law, you hereby grant to ACM Concepts LLC a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, exclusive, sublicensable, and transferable license to use, reproduce, modify, create derivative works from, distribute, and otherwise exploit the Feedback without restriction and without compensation to you.

5.3 No Compensation or Attribution. You acknowledge and agree that you will not receive any compensation for Feedback and that we are under no obligation to use any Feedback. You will not earn or acquire any rights or licenses in the Beta Service or any future products or services, even if we incorporate your Feedback.

5.4 Your Content. You retain all ownership rights in any data, content, and materials you upload to or use with the Beta Service ("Your Content"). By using the Beta Service, you grant us a limited, worldwide, royalty-free license to use, copy, store, transmit, and display Your Content solely as necessary to provide the Beta Service to you during the beta testing period.

6. CONFIDENTIALITY

6.1 Confidential Information. You acknowledge that the Beta Service and all related information, including but not limited to features, functionality, performance, user interface, documentation, and the existence and nature of the beta testing program, constitute confidential and proprietary information of ACM Concepts LLC ("Confidential Information").

6.2 Confidentiality Obligations. You agree to:

  • Hold all Confidential Information in strict confidence
  • Not disclose Confidential Information to any third parties without our prior written consent
  • Not use Confidential Information for any purpose other than testing and evaluating the Beta Service
  • Take reasonable measures to protect the confidentiality of Confidential Information, using at least the same degree of care you use to protect your own confidential information, but in no event less than reasonable care
  • Not publicly review, blog about, post screenshots of, or otherwise publicly discuss the Beta Service without our prior written permission
  • Not disclose the results of any performance tests or benchmarks

6.3 Exceptions. Your confidentiality obligations shall not apply to information that: (a) becomes publicly available through no breach of these Beta Terms by you; (b) was rightfully known by you prior to disclosure by us; (c) is rightfully obtained by you from a third party without breach of any confidentiality obligation; or (d) is required to be disclosed by law or court order, provided you give us reasonable advance notice of such requirement.

6.4 Duration. Your confidentiality obligations shall survive termination of these Beta Terms for a period of three (3) years.

7. WARRANTY DISCLAIMERS

THE BETA SERVICE IS PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ACM CONCEPTS LLC AND ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS (COLLECTIVELY, THE "COMPANY PARTIES") EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY PARTIES MAKE NO WARRANTY THAT THE BETA SERVICE WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE BETA SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE BETA TERMS. YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE BETA SERVICE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

8. LIMITATION OF LIABILITY

8.1 EXCLUSION OF DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RELATING TO THESE BETA TERMS OR YOUR USE OF OR INABILITY TO USE THE BETA SERVICE.

8.2 CAP ON LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THE COMPANY PARTIES ARISING OUT OF OR RELATING TO THESE BETA TERMS OR YOUR USE OF OR INABILITY TO USE THE BETA SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT OF SUBSCRIPTION FEES ACTUALLY PAID BY YOU TO ACM CONCEPTS LLC FOR THE BETA SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY OR (B) FIFTY DOLLARS ($50.00).

8.3 EXCEPTIONS. THE LIMITATIONS SET FORTH IN THIS SECTION 8 SHALL NOT APPLY TO LIABILITY ARISING FROM (A) YOUR BREACH OF THE CONFIDENTIALITY PROVISIONS IN SECTION 6, (B) YOUR INDEMNIFICATION OBLIGATIONS IN SECTION 9, OR (C) YOUR VIOLATION OF APPLICABLE LAW.

8.4 BASIS OF THE BARGAIN. YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY PARTIES HAVE OFFERED THE BETA SERVICE AND ENTERED INTO THESE BETA TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THE COMPANY PARTIES, AND THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND THE COMPANY PARTIES.

9. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Company Parties from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses (including but not limited to reasonable attorneys' fees and costs) arising from or relating to: (a) your use of the Beta Service; (b) your violation of these Beta Terms; (c) your violation of any third-party right, including without limitation any copyright, trademark, property, or privacy right; (d) Your Content; or (e) any claim that Your Content caused damage to a third party. This indemnification obligation will survive the termination or expiration of these Beta Terms.

10. NO SUPPORT OR MAINTENANCE

We have no obligation to provide any support, maintenance, updates, upgrades, bug fixes, or other enhancements for the Beta Service. Any support or maintenance we choose to provide is entirely at our discretion and may be discontinued at any time without notice.

11. DATA PROTECTION AND PRIVACY

11.1 Privacy Policy. Your use of the Beta Service is subject to our Beta Privacy Policy, which is incorporated into these Beta Terms by reference. By using the Beta Service, you consent to the collection, use, and disclosure of your information as described in the Beta Privacy Policy.

11.2 Data Security. While we implement reasonable security measures, you acknowledge that no method of electronic transmission or storage is 100% secure. We cannot guarantee the absolute security of your data, particularly given the pre-release nature of the Beta Service.

11.3 Data Portability. You may export Your Content from the Beta Service using the tools and features we make available. We are not responsible for any loss of data if you fail to export Your Content before termination of the beta testing period.

12. THIRD-PARTY SERVICES AND CONTENT

12.1 Third-Party Services. The Beta Service may integrate with or depend upon third-party services, including but not limited to Google Cloud Platform, Stripe, Mailchimp, Mailgun, and Cloudflare. Your use of such third-party services is subject to the terms and conditions and privacy policies of those third parties.

12.2 No Endorsement. We do not endorse, warrant, or assume responsibility for any third-party services or content. You acknowledge that we have no obligation to review or vet third-party services or content.

12.3 Third-Party Claims. You agree that the third-party providers are solely responsible for any claims you may have relating to their services or content.

13. DISPUTE RESOLUTION AND ARBITRATION

13.1 Informal Resolution. Before initiating any formal dispute resolution proceedings, you agree to first contact us at legal@myreliquary.com to attempt to resolve the dispute informally. You and we agree to work in good faith to resolve the dispute. If the dispute is not resolved within thirty (30) days after submission, you or we may initiate formal proceedings as set forth below.

13.2 Binding Arbitration. EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATING TO THESE BETA TERMS OR YOUR USE OF THE BETA SERVICE SHALL BE FINALLY RESOLVED BY BINDING ARBITRATION. The arbitration shall be conducted under the CPR Non-Administered Arbitration Rules before a single arbitrator. The arbitration shall be held in Boston, Massachusetts, or at another mutually agreed location. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

13.3 Small Claims Court. Notwithstanding the foregoing, either party may bring an individual action in small claims court if the action is within that court's jurisdiction and is pending only in that court.

13.4 Class Action Waiver. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

13.5 Arbitration Opt-Out. You have the right to opt out of this arbitration provision by sending written notice of your decision to opt out to ACM Concepts LLC, [Address], within thirty (30) days after first accepting these Beta Terms. Your notice must include your name, address, and a clear statement that you want to opt out of arbitration.

13.6 Costs. Each party shall bear its own costs and attorneys' fees in arbitration, except that we will pay all arbitration administrative fees and arbitrator compensation if your claim is for less than $10,000 and you timely provided notice of the dispute as required above.

14. TERMINATION

14.1 Term. These Beta Terms commence on the date you first access the Beta Service and continue for ninety (90) days unless terminated earlier in accordance with this Section.

14.2 Termination by Either Party. Either party may terminate these Beta Terms at any time by providing ten (10) days written notice to the other party.

14.3 Termination by Company. We may suspend or terminate your access to the Beta Service immediately, without prior notice or liability, if: (a) you breach any provision of these Beta Terms; (b) we are required to do so by law; (c) we decide to discontinue the Beta Service; or (d) we determine, in our sole discretion, that your continued use poses a security risk or may be harmful to us, other users, or third parties.

14.4 Effect of Termination. Upon termination: (a) all rights and licenses granted to you under these Beta Terms shall immediately cease; (b) you must immediately stop all use of the Beta Service; (c) you must destroy all copies of any Beta Service software or documentation in your possession; and (d) at our request, you must certify in writing your compliance with these requirements.

14.5 Survival. The following provisions shall survive termination of these Beta Terms: Sections 5 (Intellectual Property and Feedback), 6 (Confidentiality), 7 (Warranty Disclaimers), 8 (Limitation of Liability), 9 (Indemnification), 13 (Dispute Resolution and Arbitration), 14.4 (Effect of Termination), 14.5 (Survival), and 15 (General Provisions).

15. GENERAL PROVISIONS

15.1 Entire Agreement. These Beta Terms and the Beta Privacy Policy constitute the entire agreement between you and ACM Concepts LLC regarding the Beta Service and supersede all prior and contemporaneous agreements, understandings, and communications, whether written or oral.

15.2 Modifications. We reserve the right to modify these Beta Terms at any time. We will notify you of material changes by email or through the Beta Service. Your continued use after such notification constitutes acceptance of the modified Beta Terms.

15.3 Governing Law. These Beta Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of laws principles.

15.4 Severability. If any provision of these Beta Terms is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired, and such provision shall be reformed to the minimum extent necessary to make it enforceable.

15.5 Waiver. No waiver of any provision of these Beta Terms shall be effective unless in writing and signed by the party against whom such waiver is sought to be enforced. Any failure to enforce any provision of these Beta Terms shall not constitute a waiver thereof or of any other provision.

15.6 Assignment. You may not assign or transfer these Beta Terms or any of your rights or obligations hereunder without our prior written consent. We may assign these Beta Terms without your consent.

15.7 Force Majeure. Neither party shall be liable for any failure or delay in performance under these Beta Terms due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

15.8 No Agency. Nothing in these Beta Terms creates any agency, partnership, joint venture, or employment relationship between you and ACM Concepts LLC.

15.9 No Third-Party Beneficiaries. These Beta Terms are for the sole benefit of the parties and their permitted successors and assigns, and nothing herein shall confer any legal or equitable right, benefit, or remedy upon any other person.

15.10 Notices. All notices under these Beta Terms must be in writing and deemed given when delivered personally, sent by confirmed email, or sent by certified or registered mail, return receipt requested, to the addresses specified herein.

15.11 No Conflicts. You represent and warrant that: (a) you have no conflict of interest with respect to the Beta Service; (b) you are not employed by or affiliated with a competitor of ACM Concepts LLC; and (c) your participation in the beta testing program does not violate any agreement or obligation you have to any third party.

15.12 Export Compliance. You shall comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations maintained by the U.S. Department of Commerce, and shall not export or re-export the Beta Service to any prohibited country or to any prohibited person, entity, or end-user.

15.13 U.S. Government Rights. The Beta Service constitutes "commercial computer software" and "commercial computer software documentation" as such terms are defined in 48 C.F.R. §12.212. All U.S. Government end users acquire the Beta Service with only those rights set forth in these Beta Terms.

16. BILLING AND PAYMENT

During the beta testing period, the Beta Service is provided at no charge. Any future billing terms, subscription fees, or payment obligations will be set forth in the "Billing" section of the platform and/or in separate commercial terms upon commercial launch of the service, if any.

17. NO GUARANTEE OF COMMERCIAL RELEASE

You acknowledge and agree that: (a) we have no obligation to commercially release the Beta Service or any similar service; (b) we may substantially modify or completely redesign the service before any commercial release; (c) any commercial release may have different features, functionality, pricing, and terms of use; and (d) participation in the beta testing program does not guarantee access to any future commercial service.

18. CONTACT INFORMATION

ACM Concepts LLC
Attention: Legal Department
Email: legal@myreliquary.com
Address: 56 Broad St STE 14227 Boston, MA 02109

BY CLICKING "I ACCEPT," ACCESSING, OR USING THE BETA SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE BETA TERMS AND CONDITIONS.

Last Updated: October 25, 2025