Vooks StoryTeller Beta Test Agreement

This Vooks StoryTeller Beta Test Agreement (“Agreement”) is entered into between Vooks, Inc. (“Vooks”) and you as a Vooks registered user participating in the Beta test (“Tester”). As with any Beta test, Tester will be asked to agree to certain terms and conditions before testing. Here is a summary of the key terms:

  • Tester is participating in a Beta test of the Vooks StoryTeller feature (“StoryTeller”). The information received and learned by Tester during the Beta test is confidential and cannot be shared with anyone.
  • Tester’s Feedback must be accurate, and Tester licenses Vooks to freely use it.
  • Minors may only use StoryTeller through Tester’s account if Tester is the Minor’s parent or legal guardian. Tester is solely responsible for the use of StoryTeller by their Minors.
  • Tester gives Vooks prior express written consent to collect, process, use, store, and distribute Records of the Minor.
  • The Beta test version of StoryTeller is not an official product and may contain irregularities and Tester should not rely on it.

PLEASE READ THE TERMS OF THIS AGREEMENT IN ITS ENTIRETY.

  1. License Grant. Tester will participate in a Beta test of StoryTeller pursuant to this Agreement. Tester acknowledges that StoryTeller contains confidential information and trade secrets of Vooks and its licensors. Vooks hereby grants Tester a personal, non-exclusive, non-transferable, and revocable license to use a Beta version of StoryTeller, which includes all documents and contents thereof, for the purpose of participating in the Beta test. The license grant includes permission for the Tester to allow minors to whom the Tester is a parent or legal guardian (“Minors”) to use StoryTeller in compliance with this Agreement and subject to Vooks instructions or limitations. Tester’s license shall only be valid during the time that Tester is an active participant in the Beta test for the purpose of testing and evaluating StoryTeller. Vooks shall be under no obligation to provide Tester with any services except as explicitly set forth in this Agreement.
  2. Feedback. In exchange for Tester’s use of the Beta test version of StoryTeller, Tester may, upon request by Vooks, provide prompt Feedback to Vooks regarding the operation or use of StoryTeller. “Feedback” includes, without limitation, problems, errors, suggestions, and ideas related to StoryTeller. Vooks may request that the Tester provide Feedback in the form of filing online reports, participating in telephone interviews, maintaining a record of problems or errors, providing suggestions and ideas, or responding to written surveys or emails. Tester agrees that Vooks may use, disclose, reproduce, license, distribute, and otherwise commercialize such Feedback without limitation. Tester hereby grants Vooks all required licenses in Tester’s Feedback and the associated intellectual property rights to allow Vooks to carry out these rights.
  3. Minors. Minors may only access StoryTeller through the Tester’s Vooks account. Tester hereby gives Vooks prior express written consent to collect, process, use, store, and distribute any and all audio records made using StoryTeller (“Recordings”) of Minor, including without limitation any and all personal information that may be included in such Recording. By permitting a Minor to use StoryTeller, Tester represents and warrants that (i) Tester is the parent or legal guardian of the Minor; (ii) Tester is and shall at all times remain responsible for the Minor’s compliance with this Agreement in all respects; and (ii) all Recordings and other data submitted to Vooks by Tester or Tester’s Minor is true, accurate, and lawfully collected and provided to Vooks. Tester agrees to the terms and conditions of this Agreement on behalf of Tester and all of Tester’s Minors. Any use of StoryTeller in violation of the foregoing by Tester or Tester’s Minor will be considered a material breach of this Agreement.
  4. StoryTeller and Recordings. StoryTeller is a new feature of Vooks in the Beta testing phase that enables registered users of Vooks to create creative works that include audio recordings (“Recordings”) related to certain titles available on Vooks. For the purposes of this Beta test, a Recording is the property of the Tester whose account is used to create the Recording, and such Tester hereby grants Vooks an unlimited, non-exclusive, transferable, royalty-free, and irrevocable license to use the Recording for any internal business purpose or for any purpose related to the Beta test, development or improvement of StoryTeller or any other Vooks service, marketing or promoting StoryTeller, or as instructed by the Tester.
  5. Privacy. StoryTeller may collect personal data when Tester or Tester’s Minor creates a Recording, such as voice or other audio, background sounds, and any personal details that may be stated or otherwise included in the Recording. By creating the Recording, Tester expressly consents on Tester’s own behalf and the behalf of any of Tester’s Minors that use StoryTeller as part of the Beta test to the collection of any personal information contained in such Recordings by Vooks and the use of such personal information for any internal business purpose of Vooks. Tester additionally consents to Vooks processing Tester’s account information as needed to facilitate Tester’s participation in the Beta test. Tester can review the Vooks Privacy Policy posted to vooks.com to learn more about Vooks privacy practices.
  6. Acceptable Use. Tester may only use StoryTeller for as permitted by this Agreement and applicable laws. Tester agrees to not reverse engineer, disassemble, or decompile any prototypes, software, or other tangible objects which are provided to Tester hereunder. Tester will not use StoryTeller for any purpose other than Tester’s personal evaluation and the provision of Feedback to Vooks. Tester agrees that they are responsible for the Recordings content and that they will not include any improper or harmful content.
  7. Confidentiality. Tester agrees to keep strictly confidential: (i) StoryTeller; (ii) all Vooks content and materials received by Tester related to StoryTeller; (iii) Vooks development or marketing plans learned by Tester as part of the Beta test; (iv) Tester’s participation in the Beta test; and (v) verbal or written communications with Vooks employees and other representatives regarding StoryTeller. This section shall remain in effect until all of the information identified as confidential herein becomes publicly known.
  8. Acknowledgment of Beta Version. Tester acknowledges and agrees that: (i) the Beta test version of StoryTeller is not an official product and has not been commercially released for sale by Vooks; (ii) StoryTeller may not operate properly, be in final form or fully functional; (iii) StoryTeller may contain errors, design flaws or other problems; (iv) it may not be possible to make StoryTeller fully functional; (v) the information obtained using StoryTeller may not be accurate and may not accurately correspond to information extracted from any database or other source; (vi) use of StoryTeller may result in unexpected results, loss of data or communications, project delays or other unpredictable damage or loss; (vii) Vooks is under no obligation to release a  commercial version of StoryTeller; and (viii) Vooks has the right unilaterally to abandon development of StoryTeller, at any time and without any obligation or liability to Tester. Tester acknowledges and agrees that it should not rely on the Beta test version of StoryTeller for any reason. Tester is solely responsible for maintaining and protecting all data and information that is retrieved, extracted, transformed, loaded, stored, or otherwise processed by StoryTeller. Tester will be responsible for all costs and expenses required to back up and restore any data and information that is lost or corrupted as a result of the Tester’s use of StoryTeller.
  9. Term. Tester’s participation in the Beta test shall commence on the date that Vooks first provides Tester with access to StoryTeller and shall continue until the date Vooks suspends such access (“Termination Date”). The term of this Agreement begins on the date Tester executes this Agreement and continues until the Termination Date.
  10. Terms of Use. Tester’s participation in the Beta test is subject in all respects to Vooks’s Terms of Service for Vooks, Inc. (available at https://www.vooks.com/pages/terms/), incorporated herein by reference, including without limitation the provisions governing intellectual property rights, disclaimer of warranties, indemnity, limitation of liability, assignment, and dispute resolution. In the event of a conflict between this Agreement and any terms of the Terms of Use, this Agreement supersedes the Terms of Service for Vooks, Inc. with respect to Tester’s access to and use of StoryTeller hereunder.
  11. We use Hotjar in order to better understand our users’ needs and to optimize this service and experience. Hotjar is a technology service that helps us better understand our users’ experience (e.g. how much time they spend on which pages, which links they choose to click, what users do and don’t like, etc.) and this enables us to build and maintain our service with user feedback. Hotjar uses cookies and other technologies to collect data on our users’ behavior and their devices. This includes a device’s IP address (processed during your session and stored in a de-identified form), device screen size, device type (unique device identifiers), browser information, geographic location (country only), and the preferred language used to display our website. Hotjar stores this information on our behalf in a pseudonymized user profile. Hotjar is contractually forbidden to sell any of the data collected on our behalf.
    For further details, please see the ‘about Hotjar’ section of Hotjar’s support site.

Termination. Either party may terminate this Agreement upon written notice to the other party at any time. Within five days after termination, Tester will (i) return StoryTeller (including all copies, documents, and other materials) to Vooks or (ii) upon request by Vooks, destroy Tester’s copies of StoryTeller and certify in writing that it has been destroyed. The licenses granted hereunder shall automatically terminate on the Termination Date.