Iterable Beta Terms
Version 1/29/25
By executing a contract with Iterable that references these beta terms (the “Beta Terms”), or accessing or using any of the services (i) provided by Iterable that are not generally available to customers, and (ii) that are clearly designated as beta, pilot, developer preview, evaluation, or by a description of similar import (the “Beta Services”), you agree to these Beta Terms.
By indicating your acceptance of these Beta Terms, or enabling or using any Beta Services, you: (a) agree to the following terms on behalf of the Iterable customer with which you are employed (“Customer”) and (b) represent that you have the authority to bind Customer to these Beta Terms. If you do not have such authority or do not agree to these Beta Terms, you may not use the Beta Services. At the time of your acceptance of these Beta Terms, these Beta Terms replace and supersede any other terms applicable to Beta Services previously agreed with you.
These Beta Terms are an addendum to or form part of the Iterable Master Services Agreement available at https://iterable.com/master-services-agreement-241608/ or the applicable subscription agreement already in place between Iterable and Customer, if any (the “Agreement”). These Beta terms incorporate the terms of the Agreement by reference. Any capitalized terms used but not defined herein shall have the meaning ascribed to them in the Agreement. To the extent of any conflict or inconsistency between the provisions in these Beta Terms and the Agreement, these Beta Terms shall prevail with regards to the Beta Services.
Iterable may discontinue Beta Services at any time in its sole discretion, makes no timeline guarantees, and may never make them generally available.
Where the Beta Services interact with a third party provider, chosen by Customer, whose service or functionality interoperates with the Iterable Services in connection with Customer’s use of Iterable Services (“Third-Party Provider”), Customer agrees to comply with and be bound by, as applicable, all terms and policies required by such Third-Party Provider and its affiliates (hereinafter “Third Party Provider Terms”). Customer shall defend, indemnify, and hold Iterable harmless from any damages, attorneys’ fees, finally awarded judgments, or settlements arising from any Claims made or brought against Iterable as a result of Customer’s access to or use of such Third-Party Provider service via the Beta Services and for Customer’s breach of such Third-Party Provider Terms. Customer is responsible for ensuring that any data processed from Third-Party Providers is processed in accordance with the Third-Party Provider Terms. Notwithstanding anything to the contrary, Customer remains liable for its use of any Third-Party Provider services and for its breach of applicable laws. Customer’s liability to Iterable for Customer’s breach of any Third-Party Provider Terms is not subject to any limitation of liability set forth in the Agreement or such Third-Party Provider Terms.
No Warranty. Except as provided here, the Beta Services are provided “as is”, without warranties of any kind, are not supported and they are excluded from any Iterable service level agreements agreed upon between the parties.
No Damages. IN NO EVENT SHALL ITERABLE HAVE ANY LIABILITY HEREUNDER TO CUSTOMER FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR DAMAGES BASED ON LOST PROFITS, DATA OR USE, HOWEVER CAUSED AND, WHETHER UNDER TORT, CONTRACT OR OTHER THEORIES OF RECOVERY, EVEN IF CUSTOMER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, UNLESS SUCH DISCLAIMER OF LIABILITY IS NOT ENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE ITERABLE’S LIABILITY WITH RESPECT TO THIS AGREEMENT SHALL NOT EXCEED $1,000.00.