BETA PROGRAM WAIVER AND DISCLAIMER

Peak Systems – Twin Peaks Project Services LLC

1. Acceptance of Beta Terms

By accessing or using Peak Systems in its beta or pre-release form (the “Beta Program”), you (“User” or “Customer”) acknowledge and agree to this Beta Program Waiver and Disclaimer (“Beta Waiver”).

Participation in the Beta Program is voluntary. If you do not agree to these terms, you must not use the Platform.

This Beta Waiver is in addition to, and incorporated into, the Peak Systems Terms of Service and Privacy Policy.

2. Beta Status of the Platform

You understand and acknowledge that Peak Systems is currently in a beta stage and is not a fully released or production-stable product.

As part of the Beta Program:

  • Features may be incomplete, unstable, or change without notice

  • The Platform may experience bugs, errors, or interruptions

  • Data structures and functionality may be modified

3. No Warranty

THE BETA PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND.

Twin Peaks Project Services LLC expressly disclaims all warranties, including:

  • Reliability

  • Availability

  • Accuracy

  • Fitness for a particular purpose

We do not guarantee:

  • Continuous or uninterrupted service

  • That defects will be corrected

  • That the Platform will meet your expectations

4. Data Risk Acknowledgment

By using the Beta Platform, you acknowledge and accept that:

  • Data may be lost, corrupted, or deleted

  • Features may impact stored data or workflows

  • System resets or updates may affect your data

You are responsible for maintaining backups of any critical data.

5. Limited Support

During the Beta Program:

  • Support may be limited or unavailable

  • Response times are not guaranteed

  • Issues may not be immediately resolved

6. Feedback and Testing

You agree that:

  • You may provide feedback, suggestions, or bug reports

  • We may use this feedback to improve the Platform without compensation

  • Feedback may be used in product development without restriction

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

Twin Peaks Project Services LLC shall not be liable for:

  • Data loss

  • System downtime

  • Business interruption

  • Any indirect, incidental, or consequential damages

Your use of the Beta Platform is entirely at your own risk.

8. Indemnification

You agree to defend and indemnify Twin Peaks Project Services LLC from any claims arising from:

  • Your use of the Beta Platform

  • Your reliance on beta features

  • Your data or activities within the Platform

9. Changes or Termination of Beta Program

We may:

  • Modify or discontinue the Beta Program at any time

  • Suspend or terminate access without notice

We are not obligated to continue offering beta access.

10. Governing Law

This Beta Waiver is governed by the laws of the State of Arizona.

Any disputes shall be resolved in Arizona courts.

11. Acknowledgment

By using Peak Systems during the beta phase, you acknowledge that you have read, understood, and agree to this Beta Waiver, as well as the Terms of Service and Privacy Policy.