TrueWave
Legal
Last changed 2026-09-07
Version beta-terms-2026-09-07-v1
Counsel review draft
Montauk Analytics Inc., a Delaware C-corporation operating TrueWave (Company), and the early client accepting this agreement (Participant) agree to the following evaluation terms. [COUNSEL] B0: This is a review draft; confirm the marked provisions and beta scope before relying on it as a final agreement.
[COUNSEL] B1: This agreement applies only when an authorized Participant affirmatively opts into the identified beta. Record the features, permitted users, start/end dates, evaluation purpose, whether real campaigns or only test data are permitted, support contact, and any beta fee in a beta order. A general account signup does not enroll a client in a beta. Without a completed scope, access is limited to evaluation with synthetic data and does not authorize live posting or real payouts. A paid campaign continues under its order and the Master Services Agreement.
[COUNSEL] B2: The Company permits named users to evaluate the beta during the agreed period within their authorized accounts. The beta may have errors, missing functionality, interruptions or incompatible changes and may never become generally available. Report defects with reproduction steps and minimal necessary data; remove identity documents, credentials and unrelated personal information from feedback. No release date or service level is promised unless expressly stated in the beta order. Follow the Terms of Use and agreed testing limits; do not test against another client's account.
[COUNSEL] B3: Protect nonpublic beta features, access details, unpublished results and shared business information and use them only for evaluation. Share with authorized personnel bound to confidentiality who need it for that purpose. Information already lawfully known, independently developed, lawfully received without restriction or public without breach is excluded. Disclose only what law requires, with notice where permitted. Set confidentiality duration and any publicity permission in the beta order. The Company retains beta technology; the Participant retains its materials. The Participant permits the Company to use voluntarily supplied nonconfidential feedback to improve the product, without obtaining rights in Client content, personal data or confidential business information through that permission. Counsel must confirm feedback rights and duration.
[COUNSEL] B4: The Privacy Policy also applies in beta. Agree any required DPA and transfer arrangements before using personal data beyond ordinary account administration. A beta label does not waive security, privacy, disclosure, tax or earned-payment obligations. A live campaign requires an agreed operational fallback for data export, measurement reconciliation, content review and payment records. Partner KYC/payout restrictions still apply. The Company must not use a beta failure to silently erase earned creator compensation or a Client's prepaid credit.
[COUNSEL] B5: Evaluation access is free unless a beta order expressly states a fee. Production campaign commitments and CPM charges remain as agreed in the campaign order. Subject to mandatory law, evaluation features are supplied as available without implied warranties. For claims concerning a paid campaign, the MSA's liability terms govern; beta status does not reduce that cap or remove express obligations. For claims solely about free evaluation, each party's aggregate direct-damages liability is capped at USD 100 and indirect or consequential damages are excluded to the extent lawful. Fraud, intentional wrongdoing, nonwaivable liability and accrued payment/refund obligations are excluded. Counsel must determine privacy, confidentiality and IP exceptions and the suitability of this cap; it is not copied from a template's nominal cap.
[COUNSEL] B6: Either party may stop evaluation by written notice; the Company may immediately suspend unsafe activity. Agree an export and transition period for permitted real operational data before ending access. Return or delete nonpublic beta materials when reasonably requested, subject to legal holds and necessary contractual evidence. Ending the beta neither automatically renews paid service nor cancels an existing paid campaign. Those actions require the applicable order process. Accrued obligations, confidentiality and applicable ownership and dispute provisions survive for their stated purposes.
[COUNSEL] B7: Delaware law governs, excluding conflict rules and preserving nonwaivable local law. Venue is state courts in New Castle County, Delaware, or the United States District Court for the District of Delaware if federal jurisdiction exists; confirm cross-border enforceability. An applicable DPA controls data-processing conflicts. An express beta order controls evaluation scope, these beta terms govern that evaluation, and the MSA governs paid campaign services. Record amendments and renewed beta periods with affirmative assent. Notices go to the beta order contacts and hello@truewave.live; confirm the Company's postal notice address.