Terms Of Participation In The Aurax Beta Test Program
TERMS OF PARTICIPATION IN THE AURAX BETA TEST PROGRAM
These Terms of Participation in the Aurax Beta Test Program (hereinafter, the "Terms of Participation") govern your participation in the beta test program (hereinafter, the "Program"), which consists of testing and evaluating MouthX, a wireless controller that enables hands-free interaction with any electronic device through tongue and jaw movements (hereinafter, the "Beta Product").
The Beta Product is currently in development, does not have CE certification, and has not undergone the evaluation and conformity procedures required by European Union regulations for commercialization.
1. Organizer
The Program is organized by XPND TECHNOLOGIES, S.L., with registered office at Av. Santa Rosa dels Pins, 99, 08358 Arenys de Munt (Barcelona), and NIF B13919741 (hereinafter, "AURAX"). Contact details: auraxtechnology@gmail.com.
2. Program Objective
The objective of the Program is to allow selected testers (hereinafter, the "Testers") to test, evaluate, and provide feedback and suggestions regarding the Beta Product. The beta test will enable AURAX to gain in-depth insights into the performance, usability, and potential improvements of the Beta Product before its official launch, ensuring an optimal user experience.
3. Participation
The Program is open exclusively to individuals over 18 years old who complete the Tester application form on the AURAX website.
Once the application period ends, AURAX will select Testers based on their suitability for the Program. The suitability of applicants will be assessed based on the intended use descriptions provided and their demographic profile. The final selection of Testers will be at the sole discretion of AURAX.
All applicants will receive an email notification indicating whether they have been selected or not. Selected individuals will receive an invitation to participate in the Program as Testers.
To participate, Testers must comply with all obligations set forth in these Terms of Participation.
4. Tester Obligations
The Tester must undergo a dental scan at a trusted dental clinic. The cost of the scan will be covered by AURAX, provided it has been pre-approved and is not disproportionately high.
Once the dental scan is completed, the Tester will receive the personalized Beta Product free of charge at the provided shipping address.
The Tester must provide AURAX with feedback regarding their experience with the Beta Product, including aspects such as comfort and fit, usability, quality, durability, and abrasion resistance.
The Tester agrees to participate in Beta Product testing sessions, during which photos and recordings (audio and video) will be taken to capture the Tester's opinions, comments, suggestions, and reactions regarding the Beta Product.
The Tester acknowledges that AURAX may use, disclose, reproduce, distribute, and commercially exploit such feedback and suggestions in any format and on any platform of its choice.
The Tester agrees to use the Beta Product solely for testing purposes, in accordance with the instructions provided by AURAX.
The Tester may not sell, distribute, transfer, or make the Beta Product available to third parties at any time.
5. Ownership
AURAX is the sole owner of all rights, titles, and interests related to the Beta Product, including, but not limited to, copyrights, patents, patent applications, trade secrets, and trademarks.
The Tester acknowledges that all Beta Products are and will remain the exclusive property of AURAX.
The Tester agrees to return the Beta Product upon AURAX’s request, at AURAX’s expense.
6. Image Rights Transfer
The Tester grants AURAX full image usage rights, including photographs, video recordings, and any other visual or audiovisual representations.
The transfer of rights includes reproduction, distribution, public communication, transformation, and any other necessary use of the Tester's image.
AURAX may use the image indefinitely in social media, websites, trade fairs, and conferences, both in print and digital media.
The image may be used for commercial, marketing, and advertising purposes.
The granting of image rights is indefinite, starting from the date of acceptance of participation in the Program.
AURAX commits to using the Tester's image ethically and respectfully, ensuring it does not compromise their honor or dignity.
7. Limitation of Liability
The Tester acknowledges that, due to the developmental phase of the Beta Product and its lack of CE certification, it may present defects, malfunctions, or potential risks associated with its use.
These risks may include, but are not limited to, personal injury or damages resulting from using the Beta Product.
The Beta Product contains small parts that could pose a choking hazard. Extreme caution is advised during use to prevent accidental ingestion.
The Tester expressly assumes all risks associated with using the Beta Product.
AURAX shall not be liable for any direct, indirect, incidental, special, punitive, or consequential damages arising from the use of the Beta Product, except in cases of gross negligence or willful misconduct.
8. Disclaimer of Warranties
AURAX makes no express or implied warranties regarding the Beta Product, including, but not limited to, compliance with applicable legal regulations, uninterrupted or error-free performance, or fitness for a particular purpose.
The Beta Product is provided "as is" and "as available," without any additional guarantees.
9. Termination
AURAX reserves the right, at its sole discretion, to terminate at any time and for any reason: the Program in whole or in part, or a Tester’s participation in the Program.
10. Compensation
The Tester acknowledges that participation in the Program does not establish an employment relationship with AURAX.
Under no circumstances shall the Tester be considered an employee, agent, or representative of AURAX, nor shall they be entitled to any compensation for their participation.
11. Assignment
The Tester may not assign, subrogate, transfer, or modify any of the rights or obligations derived from these Terms of Participation without the prior written consent of AURAX.
12. Confidentiality
The Tester agrees to maintain strict confidentiality regarding any data obtained through participation in the Program, any information provided by AURAX, and any observations made during test sessions, recordings, or photos.
The Tester may only use Confidential Information within the context of the Program and must not disclose or share it without prior written authorization from AURAX.
13. Personal Data Protection
Please refer to our Privacy Notice for Testers to understand how we process your personal data.
14. Governing Law and Jurisdiction
These Terms of Participation and any dispute or claim arising from them shall be governed by Spanish law and shall fall under the exclusive jurisdiction of the courts of Barcelona.
01.03.2025
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