The complete NDA is displayed below as part of this page. Review the full agreement, then complete every required field, acknowledge the agreement, and sign before submitting.
ARTEZIQ TESTER NON-DISCLOSURE AGREEMENT
This Non-Disclosure Agreement ("Agreement") is entered into as of the date of acceptance below, by and between:
ARTEZIQ ("Disclosing Party"), and the applicant named below ("Tester" or "Receiving Party"), an individual participating in the pre-release testing of Angler's Arrows.
App Covered by This Agreement: Angler's Arrows
1. Purpose
ARTEZIQ wishes to share access to the pre-release software application Angler's Arrows, including its progressive web app and/or mobile (iOS/Android) versions (collectively, the "Software"), so that the Tester may evaluate the Software and provide practical feedback. For purposes of this Agreement, "Software" specifically means Angler's Arrows and its associated pre-release versions, features, materials, and testing information. The ARTEZIQ Explorer Program is also intended to build a community around the apps, so the Tester is welcome to publicly share that they are an Explorer and are helping ARTEZIQ develop the app. This Agreement is intended to protect non-public testing information, not to prevent normal community participation.
2. Definition of Confidential Information
"Confidential Information" means non-public information that ARTEZIQ makes available to the Tester in connection with pre-release testing, including:
- Non-public builds, features, functionality, user-interface elements, or designs that have not yet been publicly released;
- Private access URLs, invitation links, credentials, or other restricted means of accessing the Software;
- Screenshots or recordings of non-public portions of the Software unless ARTEZIQ has authorized them for sharing;
- Non-public bug reports, test results, performance issues, workarounds, known limitations, or other findings discovered during testing;
- Non-public product plans, roadmaps, release timing, and internal testing communications; and
- Other non-public information that ARTEZIQ reasonably identifies as confidential.
3. Exclusions and Public Participation
Confidential Information does not include information that: (a) is or becomes publicly available through no breach of this Agreement; (b) was rightfully known to the Tester before disclosure; (c) is rightfully received from a third party without a duty of confidentiality; or (d) is required to be disclosed by law.
For clarity, the Tester's participation in the ARTEZIQ Explorer Program and the existence and name of Angler's Arrows are not Confidential Information. The Tester may publicly state that they are helping ARTEZIQ test and develop Angler's Arrows, may share ARTEZIQ information, images, links, announcements, and promotional material that ARTEZIQ has already made public or approved for sharing, and may encourage others to follow or participate in the ARTEZIQ community.
4. Tester's Responsibilities
The Tester agrees to:
- Use reasonable care to keep Confidential Information private and use it for Explorer testing and feedback;
- Not share private access URLs, invitation links, credentials, or other restricted access information;
- Not publicly post or distribute non-public screenshots, recordings, detailed bug reports, test results, performance issues, unreleased features, or internal testing communications unless ARTEZIQ has authorized that information for public sharing;
- Send detailed reports about bugs, problems, unfinished behavior, and other pre-release testing concerns directly to ARTEZIQ so the development team can evaluate them in the proper testing context;
- Feel free to publicly share that they are an ARTEZIQ Explorer helping test and develop Angler's Arrows, and to share materials that ARTEZIQ has already made public or approved for sharing; and
- Understand that this Agreement does not prohibit honest opinions about publicly released software, discussion of information that is already lawfully public, or communications that cannot lawfully be restricted.
5. No License or Ownership
Nothing in this Agreement grants the Tester ownership of the Software or ARTEZIQ Confidential Information. All ARTEZIQ intellectual property remains the property of ARTEZIQ. Testing access is limited and temporary and may be paused or ended as the testing program changes or if needed to protect the project.
6. Feedback
The Tester gives ARTEZIQ permission to use, adapt, incorporate, and act on feedback, suggestions, ideas, bug reports, and improvement recommendations provided through the Explorer Program ("Feedback") for product development without an obligation to compensate or attribute the Tester. This does not transfer ownership of the Tester's pre-existing materials or independent intellectual property.
7. Return or Destruction of Access
Upon the conclusion of testing, or upon ARTEZIQ's request, the Tester shall immediately cease all use of the Software, delete any copies of Confidential Information in their possession, and stop using any access URLs or credentials provided. ARTEZIQ may disable access at any time.
8. No Warranty
The Software is provided "AS IS" and "AS AVAILABLE" for testing purposes only. ARTEZIQ makes no warranties of any kind, express or implied, including fitness for a particular purpose, and shall not be liable for any damages arising from the Tester's use of the Software.
9. No Obligation
Nothing in this Agreement obligates ARTEZIQ to proceed with any product, disclose any particular information, or enter into any further relationship (employment, partnership, or otherwise) with the Tester. Participation as a Tester is voluntary and unpaid unless otherwise agreed in writing.
10. Term
This Agreement takes effect on the date of acceptance and remains in effect during the testing period and for two (2) years thereafter, except that obligations regarding trade secrets continue for as long as the information remains a trade secret under applicable law.
11. Addressing a Confidentiality Issue
If the Tester realizes that Confidential Information was shared unintentionally, the Tester agrees to notify ARTEZIQ reasonably promptly and, when practical, help remove, correct, or limit the disclosure. ARTEZIQ may request removal or correction of an unauthorized disclosure and may pause or end testing access if needed to protect the project. The parties are encouraged to resolve inadvertent issues promptly and cooperatively. Nothing in this Agreement waives legal rights or remedies that may be available under applicable law if an intentional, repeated, or material unauthorized disclosure causes or threatens substantial harm.
12. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of South Carolina, without regard to its conflict-of-law principles.
13. Entire Agreement
This Agreement constitutes the entire understanding between the parties regarding its subject matter and supersedes all prior discussions. Any amendment must be in writing and agreed to by both parties.
Acceptance
By signing below (or by clicking "I Agree" in the online version), the Tester acknowledges they have read, understood, and agree to be bound by this Agreement specifically for the testing of Angler's Arrows.
