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These Terms and Conditions (“Agreement”) are entered into between Seller Cave by Poshmark Tools Inc (hereinafter referred to as the “Company”), and any individual who accepts these terms to participate as a Beta Tester for the Company’s software, products, and services. The Beta Tester shall hereinafter be referred to as the “User.”
1.1 The User acknowledges that all information, whether written or oral, disclosed by the Company to the User or obtained by the User from the Company, its affiliates, or subsidiaries, or through the use of the Beta Products (collectively, “Confidential Information”), is proprietary and confidential to the Company.
1.2 The User agrees to maintain the confidentiality of the Confidential Information and not to disclose, publish, or disseminate any Confidential Information to any third party, except as required by law.
2.1 During the Beta Test period and for a period of two (2) years following the end of the Beta Test period, the User agrees not to directly or indirectly engage in any activity that is competitive with the business of the Company, including without limitation, developing or testing any software, product, or service that competes with the Beta Products.
2.2 This restriction shall apply within the specified jurisdiction where the Company operates.
2.3 The User acknowledges and agrees that this restriction is reasonable and necessary to protect the Company’s legitimate business interests.
2.4 The User’s breach of this non-compete clause will cause irreparable harm to the Company. In addition to any other remedies available at law or in equity, the Company may seek injunctive relief to prevent or restrain any such breach.
The User may use the Beta Products solely for the purpose of testing and evaluating them in accordance with the Company’s instructions. The User agrees not to use the Beta Products for any other purpose and not to modify, reverse engineer, decompile, or disassemble the Beta Products or any part thereof.
The User agrees to provide feedback to the Company regarding their use and testing of the Beta Products. Any feedback, comments, or suggestions provided to the Company regarding the Beta Products (collectively, “Feedback”) will be the Company’s confidential information. The User hereby assigns to the Company all rights, title, and interest in and to the Feedback.
This Agreement will remain in effect until the Beta Test period ends or until the Company terminates this Agreement, whichever occurs first.
The User agrees not to leave the designated platform or server where the Beta Test is taking place without the express written consent of the Company. The User acknowledges and agrees that leaving the platform or server will put them in breach of this Agreement and cause irreparable harm to the Company.
The Company may terminate this Agreement at any time upon notice to the User. Upon termination, the User agrees to return or destroy all Confidential Information in their possession or control, including any copies thereof.
Upon the Company’s request or upon termination of this Agreement, the User shall promptly return all Confidential Information, and all copies, extracts, and derivative works thereof, to the Company.
Nothing in this Agreement shall be construed to grant the User any rights, title, or interest in or to any Confidential Information or the Beta Products. The User acknowledges and agrees that all Confidential Information and the Beta Products are and shall remain the sole and exclusive property of the Company.
If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.
This Agreement will be governed by and construed in accordance with the laws of the jurisdiction in which the Company is located.
This Agreement is effective internationally and shall apply to any Confidential Information that is disclosed to the User within or outside the specified jurisdiction. The User shall comply with the terms of this Agreement regardless of their location.
This Agreement constitutes the entire agreement between the User and the Company with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements or understandings, whether written or oral.
No waiver of any provision of this Agreement will be effective unless it is in writing and signed by the party against whom it is sought to be enforced. The failure of either party to enforce any provision of this Agreement will not constitute a waiver of such provision or any other provision.
This Agreement may not be assigned by the User without the prior written consent of the Company.
By accepting these terms, you acknowledge that you have read and understand this Agreement and agree to be bound by its terms and conditions.
Brooklyn - New York
(888) 4000-234
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