Beta Confidentiality Agreement

Parties and acceptance

This agreement is between Diego Ollivier, trading as ReccePro ("ReccePro"), and the individual named in the beta registration ("Tester"). By ticking the agreement checkbox and submitting the registration, the Tester confirms that they have read, understood and agree to this agreement, are at least 18 years old, and have authority to enter into it.

Purpose

ReccePro may give the Tester access to pre-release versions of ReccePro, Recce Pocket, related documentation and communications solely so the Tester can evaluate the products, provide feedback and report defects (the "Purpose"). Access is discretionary and may be withdrawn at any time.

Confidential information

"Confidential Information" means non-public information disclosed or made available in connection with the beta, whether marked confidential or not, including pre-release software and builds, features, designs, workflows, screenshots, recordings, product plans, technical information, documentation, communications, credentials, TestFlight materials, defects and performance information.

Tester obligations

The Tester must:

• use Confidential Information only for the Purpose;
• keep it secure and use at least reasonable care to prevent unauthorised access;
• not publish, copy, demonstrate, stream, screenshot, record, distribute or disclose it to another person without ReccePro’s prior written permission;
• not share beta access, invitations, builds or credentials;
• not reverse engineer, decompile or attempt to derive source code except to the limited extent that applicable law does not permit that restriction; and
• promptly tell ReccePro about any suspected loss, unauthorised access or disclosure.

Exclusions

Confidential Information does not include information that the Tester can show: was lawfully known without a duty of confidence before disclosure; becomes public without breach of this agreement; is received lawfully from a third party without a duty of confidence; or is independently developed without using Confidential Information.

Required disclosure

If law or a binding court or regulatory order requires disclosure, the Tester may disclose only what is legally required and, where lawful and reasonably possible, must give ReccePro prompt written notice and reasonable assistance to seek protective treatment.

Ownership and feedback

ReccePro and its licensors retain all rights in the products and Confidential Information. No licence is granted except the limited, revocable right to use beta materials for the Purpose. The Tester grants ReccePro a worldwide, perpetual, irrevocable, royalty-free right to use, adapt and incorporate feedback voluntarily provided about the products, without identifying the Tester publicly.

Return and deletion

On request, when beta access ends, or when the Tester withdraws, the Tester must stop using the beta materials and delete Confidential Information in their possession or control, except for information automatically retained in backups or where retention is required by law. Any retained information remains protected by this agreement.

Duration

This agreement begins when accepted. The confidentiality obligations continue during the beta and for three years after the later of the Tester’s last access or the end of the beta. Information qualifying as a trade secret remains protected for as long as it remains a trade secret under applicable law.

Pre-release status

Beta software may be incomplete, unstable or contain defects and is provided for testing without a promise that it will be released or operate without interruption. Nothing in this agreement excludes liability that cannot lawfully be excluded.

Remedies

The Tester acknowledges that unauthorised use or disclosure may cause harm that is difficult to remedy with damages alone. ReccePro may seek appropriate interim or injunctive relief, in addition to any other remedies available by law.

Governing law and international testers

This agreement is governed by the laws of the Republic of South Africa. The courts with competent jurisdiction in Gauteng, South Africa have non-exclusive jurisdiction. ReccePro may seek urgent protective relief in any jurisdiction where misuse or disclosure occurs. Testers in the United Kingdom, the United States or elsewhere remain entitled to any mandatory protections that their local law does not permit them to waive. There is no single body of "international NDA law"; this clause selects South African law while the confidentiality obligations apply worldwide.

General

This agreement is the entire agreement about confidentiality for the beta and replaces earlier discussions on that subject. A waiver must be in writing. If a provision is unenforceable, it will be limited or removed only to the extent necessary and the remainder continues. The Tester may not transfer this agreement without ReccePro’s written consent. Electronic acceptance and records may be used to evidence this agreement.

Contact

Questions, notices or withdrawal requests may be sent to recceproapp@gmail.com.