Summary of Key Terms
Information related to your use of each Beta App will automatically be provided to the Rockpool Ltd in a personally identifiable form.
Beta Apps may crash and result in data loss in those Beta Apps
If you already have the full version of an app, installation of a Beta App my result in data loss
You can stop participating in a beta test by deleting the Beta App from your device
Your use of the Flourishzone Beta App is governed by the following terms and conditions (“The Flourishzone Beta App Terms”).
Specific Terms for Beta-Testers
The Flourishzone Beta App is only available to individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand and agree to the following terms.
The Flourishzone Beta App is an interactive coaching app designed to help leaders to continuously increase the performance, wellbeing and resilience of their people and organisation.
If Rockpool Ltd authorizes you as a beta-tester and you choose to download the corresponding Beta App from the app store, then conditioned on your compliance with the Flourishzone Beta App Terms, Rockpool Ltd grants you a limited, non- exclusive, non-assignable, non-sublicensable license to access, download and use the Beta App for which you have been selected as a beta-tester and any related documentation available online, solely for beta-testing purposes for a limited time and subject to these The Flourishzone Beta App Terms.
As between you and the Rockpool Ltd, and aside from the limited license set forth above, Rockpool Ltd owns all right, title and interest in the Beta App, including but not limited to intellectual property rights. To the maximum extent permitted by law, you may not: (a) modify, reverse engineer, decompile, or disassemble any Beta App; (b) rent, lease, loan, sell, sublicense, distribute, transmit, or otherwise transfer any Beta App;(c) make any copy of or otherwise reproduce any Beta App; or (d) display any Beta App to unauthorized third parties without the Rockpool Ltd ’s authorization.
You agree to use reasonable efforts to beta-test any Beta App. You further agree that The Flourishzone Beta App may enable an Rockpool Ltd to monitor your use of their Beta Apps and to solicit your feedback about such use. Any feedback, suggestions, ideas, or other materials and information collected from or posted by you with respect to a Beta App (“Beta Input”) is solely owned by the applicable Rockpool Ltd. You hereby unconditionally assign all of your right, title and interest in the Beta Input to the applicable Rockpool Ltd.
You acknowledge and agree that you will not be compensated for evaluating any Beta App or for any Beta Input and you will bear all of your own costs from using The Flourishzone Beta App. Further, you hereby acknowledge and agree that the content contained in, and your use of, any Beta App that is not already publicly available shall be considered confidential unless the Rockpool Ltd explicitly authorizes public disclosure.
If you have a complaint about The Flourishzone Beta App you should send it directly to Rockpool Ltd.
You further understand and agree that certain information about the Flourishzone Beta App may not be available to you prior to download, including without limitation the Beta App’s age rating and minimum hardware requirements. By downloading a Beta App, you consent to using the Beta App without such information and disclosures.
If you have the full version of an app installed on your device and you install the same Beta App, your app data may be corrupted or lost and may not be recoverable. You should back up your information before installing a Beta App. Solely for
the purposes of testing a Beta App and only for the duration of such test, any in-app purchases made within the Beta App will be made available to you at no cost and such purchases will not be charged to your Account.
You expressly acknowledge and agree that use of the Flourishzone Beta App is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy, and effort is with you. Beta apps may have software, service, and other errors and your use of the Flourishzone Beta App may not be continuously available, error free, or free of viruses or other malicious code and may not store data accurately or at all. Features and functionality of the Flourishzone Beta App are subject to change and may cease to be available to you at any time with or without notice. To the maximum extent permitted by applicable law, the Flourishzone Beta App and any services performed or provided by such beta apps are provided “as is” and “as available”, with all faults and without warranty of any kind, and Rockpool Ltd hereby disclaim all warranties and conditions with respect to the Flourishzone Beta App and any services, either express, implied, or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and of noninfringement of third-party rights. Rockpool Ltd does not warrant against interference with your enjoyment of the beta app, that the functions contained in or services performed or provided by the beta app will meet your requirements, that the operation of the Flourishzone Beta App will be uninterrupted or error- free, or that defects in the Flourishzone Beta App will be corrected. No oral or written information or advice given by Rockpool Ltd or its authorized representative shall create a warranty. Should the Flourishzone Beta App prove defective, you assume the entire cost of all necessary servicing, repair, or correction. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you.
To terminate your participation in beta-testing delete the Beta App from your device. Deleting the Beta App from your device will also delete any data you have generated within that Beta App, and may delete any data created in a previously installed full version of the App. Deleting the Beta App will not delete information that you or the Beta App has provided to the Rockpool Ltd. To request deletion of that shared information, contact Rockpool Ltd directly. If you purchase or download the App from the App Store, your data may not remain available from within the full version. We recommend that you back up your data before deleting the Beta App or purchasing the full version from the App Store.
As a condition of using The Flourishzone Beta App, you agree that Rockpool Ltd may automatically collect crash data and statistics related to your use of The Flourishzone Beta App in a personally identifiable form. You further agree that Rockpool Ltd may provide this information to Rockpool Ltd and that Rockpool Ltd may contact you regarding your use of their Beta App. You acknowledge and agree that this information will be automatically provided to Rockpool Ltd and you have no expectation of privacy concerning crash data and statistics related to your use of The Flourishzone Beta App.