FightClear Beta Program Terms and Limitations

These Beta Program Terms and Limitations ("Beta Terms") are between Kotuvium, LLC, a Maryland limited liability company ("Kotuvium," "Company," "we," "us," or "our"), and the person or organization invited to evaluate a beta, pilot, preview, founding-promoter, early-access, trial, prototype, or experimental version of FightClear ("Participant," "Customer," "you," or "your").

FightClear℠ ("FightClear") is the online software service owned and operated by Kotuvium, LLC. References to provider rights, duties, or actions in these Beta Terms mean Kotuvium as FightClear’s owner and operator.

These Beta Terms supplement the FightClear Terms of Service and EULA. By clicking a separate beta acceptance box, accepting an invitation, or accessing a Beta Offering, Participant agrees to these Beta Terms.

BETA ACKNOWLEDGMENT - READ BEFORE USING • The Beta Offering is unfinished and provided for supervised evaluation. It may contain serious bugs, security weaknesses, inaccurate calculations, missing alerts, data loss, or complete outages. • Do not use the Beta Offering as the sole record or sole operational system for an event. Maintain independent backups, contact lists, financial records, licensing records, and a manual contingency plan. • Do not rely on the Beta Offering for medical fitness, fighter safety, commission approval, legal compliance, ticket admission, refunds, or financial accuracy. • Kotuvium may change, reset, suspend, terminate, withdraw, or permanently discontinue the Beta Offering or your access at any time, for any reason or no reason, with or without notice where law permits. There is no promise of general release, migration, continued pricing, continued features, or future service. • During beta, do not upload prohibited sensitive data, including complete government IDs, Social Security numbers, payment credentials, full medical records, diagnoses, test results, insurance data, biometric or genetic data, or information about minors.

1. Beta Offering and Purpose

"Beta Offering" means any FightClear feature, environment, account, workflow, integration, documentation, or service identified as beta, pilot, preview, early access, founding promoter, prototype, experimental, test, evaluation, limited release, or similar, whether paid or free.

Participant receives access solely to evaluate usability, functionality, reliability, and fit; provide feedback; identify defects; and assist Kotuvium in product development. Access is personal to the approved business Participant and may be limited to one organization, designated users, selected events, or other conditions.

2. Relationship to Other Agreements; Priority

The Terms of Service, EULA, and Privacy Policy apply. These Beta Terms control if they conflict regarding the Beta Offering, beta data, beta support, confidentiality, termination, or beta risk. A signed order form controls only if it expressly identifies the provision of these Beta Terms it changes.

3. Evaluation Status; No Production Commitment

THE BETA OFFERING IS NOT GENERALLY AVAILABLE, NOT PRODUCTION-CERTIFIED, AND NOT REPRESENTED AS READY FOR CRITICAL OR UNSUPERVISED COMMERCIAL OPERATIONS.

Kotuvium makes no commitment to release the Beta Offering generally, continue development, meet a roadmap, preserve a feature, preserve data, migrate beta data, offer a particular price, or provide Participant with future access. Any roadmap, estimate, description, mockup, or discussion is nonbinding and may change without notice.

Founding-promoter, introductory, discounted, free, or trial status does not create a lifetime price, perpetual license, exclusivity, most-favored pricing, vested feature right, equity, partnership, or expectation of continued service.

4. Known and Unknown Limitations

Participant understands that the Beta Offering may:

• fail to load, save, synchronize, calculate, alert, authenticate, authorize, export, or display correctly;
• produce inaccurate, incomplete, stale, duplicated, or misleading statuses, totals, risk indicators, reminders, and reports;
• lose, corrupt, reset, overwrite, misclassify, or make data inaccessible;
• have unfinished access controls, documentation, workflows, integrations, billing, support, or recovery procedures;
• change without backward compatibility or notice;
• perform differently across browsers, devices, accounts, or events;
• contain vulnerabilities, harmful components, or privacy and security defects not yet discovered; and
• be unavailable immediately before, during, or after a live event.

The list is illustrative and not complete. Participant accepts both known and unknown beta risks.

5. No Medical, Safety, Commission, Ticketing, or Financial Reliance

PARTICIPANT MUST NOT TREAT ANY BETA STATUS, ALERT, SCORE, DOCUMENT INDICATOR, WEIGHT TREND, FIGHTER RESPONSE, TICKET NUMBER, EXPENSE TOTAL, REVENUE ESTIMATE, BREAK-EVEN RESULT, OR ABSENCE OF AN ALERT AS VERIFIED, COMPLETE, OR AUTHORITATIVE.

• A qualified authority or professional must independently determine licensing, eligibility, medical clearance, safety, regulatory approval, and legal compliance.
• Participant must independently verify ticket inventory, sales, collections, refunds, outstanding balances, expenses, and revenue.
• Participant must independently confirm fighters, backups, travel, contracts, compensation, event status, venue requirements, and deadlines.
• The Beta Offering may not be used as the sole evidence for admitting a person, paying or withholding funds, canceling a bout, representing commission approval, or making a medical or safety decision.

6. No Service Level, Support, Recovery, or Continuity Commitment

NO UPTIME, RESPONSE-TIME, RESOLUTION-TIME, RECOVERY-TIME, BACKUP, DISASTER-RECOVERY, SUPPORT-HOURS, MAINTENANCE-WINDOW, DATA-DURABILITY, OR SERVICE-CREDIT COMMITMENT APPLIES TO THE BETA OFFERING.

Kotuvium may provide support, training, monitoring, or remediation in its discretion. Failure to provide support or to fix a defect creates no liability or obligation. Beta environments may be restarted, rolled back, reconfigured, rate-limited, or taken offline without notice.

7. Required Backups and Contingency Procedures

Participant must maintain independent, current, accessible copies of all information needed to operate its business and events, including contacts, bout cards, fighter records, commission and licensing records, contracts, ticket records, financial records, schedules, and emergency information.

Before relying on a beta workflow, Participant must maintain and be able to execute a reasonable manual or alternative procedure. Kotuvium may request confirmation of contingency procedures and may terminate access if Participant appears to be using the Beta Offering as a sole or safety-critical system.

8. Beta Data Restrictions

PARTICIPANT MUST USE SYNTHETIC, REDACTED, OR MINIMUM-NECESSARY DATA WHENEVER PRACTICAL AND MUST NOT SUBMIT PROHIBITED SENSITIVE OR REGULATED DATA.

Unless Kotuvium gives prior written authorization for a specific field and use, Participant must not submit:

• Social Security, taxpayer, passport, driver-license, federal-ID, or other complete government identification numbers or images;
• full payment-card numbers, security codes, bank credentials, payment authentication data, or tax-return information;
• full medical records, diagnoses, treatment records, laboratory or drug-test results, prescriptions, health-insurance information, genetic data, or biometric identifiers;
• information subject to HIPAA or a business associate agreement;
• data about anyone under eighteen (18);
• passwords, API keys, secret tokens, private keys, or credentials for another system;
• information subject to a contractual, professional, legal, or confidentiality restriction that does not permit beta processing; or
• information whose disclosure, loss, or corruption could reasonably create a high risk of serious harm.

Participant may enter minimum-necessary operational data in fields Kotuvium expressly provides, such as fighter name and contact information, event and bout data, current weight, availability, and license or physical-confirmation status. Participant must obtain required consent and avoid medical narratives or diagnoses.

THE BETA OFFERING IS NOT A HIPAA SERVICE, MEDICAL RECORD SYSTEM, PAYMENT-CARD VAULT, IDENTITY-DOCUMENT VAULT, OR SYSTEM FOR CHILD DATA.

9. Participant Security and Testing Duties

• Use only approved accounts, devices, networks, and test scenarios.
• Protect credentials and immediately revoke access that is no longer needed.
• Do not share beta access with an unapproved person or competitor.
• Do not conduct penetration testing, automated scanning, denial-of-service testing, destructive testing, or attempts to access another customer without written authorization.
• Promptly report suspected vulnerabilities, unauthorized access, privacy incidents, data loss, and materially incorrect outputs to Kotuvium.
• Preserve relevant information and cooperate reasonably with investigation and remediation.
• Do not publicly disclose a vulnerability, exploit, nonpublic security control, or incident before Kotuvium has a reasonable opportunity to investigate and coordinate disclosure.

10. Monitoring, Logs, and Test Observations

Kotuvium may monitor beta usage, logs, errors, performance, feature interaction, and support communications to operate, secure, evaluate, and improve the Beta Offering. Kotuvium may contact Participant about observed activity, request additional testing, or remotely disable a feature. Monitoring does not create a duty to detect, prevent, or notify Participant of every defect or risk.

11. Changes, Resets, and Data Deletion

KOTUVIUM MAY ADD, REMOVE, DISABLE, REPLACE, OR MATERIALLY CHANGE ANY BETA FEATURE, LIMIT, INTERFACE, WORKFLOW, PROVIDER, DATA MODEL, OR ENVIRONMENT AT ANY TIME WITHOUT NOTICE. KOTUVIUM MAY RESET, ALTER, DELETE, OR MAKE BETA DATA INACCESSIBLE, AND MAY CHOOSE NOT TO MIGRATE IT TO A LATER VERSION.

Participant has no entitlement to an export window, restoration, backward compatibility, data reconstruction, or migration assistance unless Kotuvium expressly agrees in a signed writing. Kotuvium will still comply with nonwaivable privacy and legal obligations.

12. Term; Suspension; Termination at Kotuvium’s Discretion

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KOTUVIUM MAY REJECT, LIMIT, SUSPEND, TERMINATE, WITHDRAW, OR PERMANENTLY DISCONTINUE THE BETA OFFERING OR PARTICIPANT ACCESS AT ANY TIME, FOR ANY REASON OR NO REASON, WITH OR WITHOUT CAUSE, AND WITH OR WITHOUT ADVANCE NOTICE WHERE PERMITTED BY LAW.

Reasons may include development priorities, product strategy, cost, staffing, capacity, provider changes, security, legal risk, Participant conduct, lack of use, feedback, business closure, or no stated reason. Kotuvium may terminate access even if Participant has an upcoming event, stored beta data, unfinished workflow, or anticipated reliance.

Participant may stop participating at any time by discontinuing use and requesting account closure. Termination does not affect accrued obligations or surviving provisions.

13. Exclusive Remedy for Paid Beta Termination

If Participant paid a separate, prepaid fee specifically for beta access and Kotuvium permanently terminates that access solely for Kotuvium’s convenience, Participant’s sole and exclusive monetary remedy is a prorated refund of the unused portion of that specific prepaid beta fee. No refund is owed for free access, discounts, credits, services already provided, termination for cause, misuse, nonpayment, security or legal risk, third-party requirements, or force majeure.

EXCEPT FOR THAT LIMITED REFUND AND REMEDIES THAT CANNOT LAWFULLY BE WAIVED, PARTICIPANT IS NOT ENTITLED TO COMPENSATION, REIMBURSEMENT, TRANSITION COSTS, SUBSTITUTE-SOFTWARE COSTS, MIGRATION COSTS, LOST TICKET SALES, LOST EVENT REVENUE, LOST PROFIT, BUSINESS-INTERRUPTION DAMAGES, OR DAMAGES RESULTING FROM BETA SUSPENSION, CHANGE, DATA LOSS, OR TERMINATION.

14. Feedback and Development Rights

Participant will make reasonable efforts to provide candid feedback and promptly identify material defects it encounters. Participant grants Kotuvium a perpetual, irrevocable, worldwide, transferable, sublicensable, royalty-free right to use, reproduce, modify, analyze, publish in aggregated or de-identified form, commercialize, and incorporate feedback and test observations without restriction, attribution, or compensation.

Participant receives no ownership, royalty, license, authorship, partnership, employment, or other right because its feedback influences the product.

15. Confidentiality and Public Statements

Nonpublic software, screenshots, roadmaps, pricing, technical details, security information, defects, test results, documentation, and communications designated confidential or reasonably understood as nonpublic are Kotuvium Confidential Information. Participant will protect and use them only for beta evaluation.

Participant may truthfully state that it is participating in a FightClear beta unless Kotuvium designates the existence of the program confidential. Participant may not publicly publish nonpublic features, benchmark results, security findings, or misleading endorsements without written consent. Nothing prohibits lawful communications with regulators, law enforcement, or legal counsel.

16. No Warranty

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE BETA OFFERING, BETA DATA, OUTPUTS, DOCUMENTATION, SUPPORT, AND RELATED SERVICES ARE PROVIDED "AS IS," "AS AVAILABLE," "WITH ALL FAULTS," AND SOLELY FOR EVALUATION. KOTUVIUM DISCLAIMS ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, ACCURACY, SECURITY, UNINTERRUPTED OPERATION, DATA PRESERVATION, AND ANY PROMISE OF GENERAL AVAILABILITY.

17. Assumption of Risk and Release

Participant knowingly and voluntarily assumes the foreseeable and unforeseeable operational, financial, data, privacy, security, compatibility, and business risks of beta use. Participant is responsible for deciding whether and how to use a beta feature and for independently verifying every material output.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PARTICIPANT RELEASES THE KOTUVIUM PARTIES FROM CLAIMS AND LOSSES ARISING FROM ORDINARY NEGLIGENCE IN PROVIDING, CHANGING, SUSPENDING, TERMINATING, OR FAILING TO PROVIDE THE BETA OFFERING, INCLUDING DATA LOSS, MISSED ALERTS, INCORRECT CALCULATIONS, AND DOWNTIME. THIS RELEASE DOES NOT APPLY TO FRAUD, INTENTIONAL MISCONDUCT, RECKLESS CONDUCT, OR GROSS NEGLIGENCE TO THE EXTENT MARYLAND LAW DOES NOT PERMIT SUCH LIABILITY TO BE RELEASED.

18. Exclusion of Damages and Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE KOTUVIUM PARTIES ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, RELIANCE, ENHANCED, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, TICKET SALES, OPPORTUNITY, GOODWILL, DATA, USE, ANTICIPATED SAVINGS, EVENT DISRUPTION, FIGHTER WITHDRAWAL, REGULATORY OUTCOMES, SUBSTITUTE SERVICES, MIGRATION, OR BUSINESS INTERRUPTION ARISING FROM THE BETA OFFERING.

THE TOTAL AGGREGATE LIABILITY OF ALL KOTUVIUM PARTIES FOR ALL BETA-RELATED CLAIMS WILL NOT EXCEED THE GREATER OF: (A) THE BETA-SPECIFIC FEES PARTICIPANT ACTUALLY PAID DURING THE THREE (3) MONTHS BEFORE THE FIRST EVENT GIVING RISE TO LIABILITY; OR (B) ONE HUNDRED U.S. DOLLARS ($100), SUBJECT TO LIABILITIES THAT APPLICABLE LAW DOES NOT PERMIT THE PARTIES TO LIMIT.

19. Indemnification

Participant will defend, indemnify, and hold harmless the Kotuvium parties from third-party claims arising from Participant beta use, Customer Data, prohibited sensitive data, failure to obtain consent, event operations, ticketing, regulatory or medical representations, security testing, unauthorized disclosure, or violation of these Beta Terms, except to the extent prohibited by law or caused solely by Kotuvium’s nonwaivable misconduct.

20. Intellectual Property and Access

Kotuvium owns the Beta Offering and all improvements. Participant receives only the limited, revocable license stated in the EULA. No license survives termination, and no source code, source escrow, ownership, exclusivity, perpetual access, or right to a future product is granted.

21. Disputes and General Terms

The individual arbitration, class-action waiver, jury-trial waiver, one-year claim period, Maryland law, venue, assignment, severability, no-waiver, and other general terms in the Terms of Service apply. Sections concerning confidentiality, feedback, ownership, data, disclaimers, risk allocation, liability, indemnity, disputes, and accrued obligations survive termination.

22. Contact and Incident Reporting

Beta support, legal notices, privacy requests, and incident reports may be submitted to the email address displayed on the FightClear Support page at /support. Use a clear subject line describing the request.

Kotuvium, LLC owns and operates FightClear.

FightClear℠ is an unregistered service mark of Kotuvium, LLC.

BY SEPARATELY CHECKING THE BETA ACCEPTANCE BOX OR ACCESSING THE BETA OFFERING AFTER PRESENTATION OF THESE BETA TERMS, PARTICIPANT CONFIRMS THAT IT UNDERSTANDS THE BETA OFFERING MAY FAIL OR DISAPPEAR WITHOUT NOTICE; WILL MAINTAIN INDEPENDENT BACKUPS AND CONTINGENCY PROCEDURES; WILL NOT SUBMIT PROHIBITED SENSITIVE DATA; AND ACCEPTS THE TERMINATION, NO-WARRANTY, RELEASE, ARBITRATION, DAMAGE-EXCLUSION, AND LIABILITY-CAP PROVISIONS.