Last Update: May 26, 2021
Welcome to Codelita’s (the “Company”, “we”,“us”,“our”) Terms of Service for Beta (”Beta Terms”). For purposes of these Terms, “Site” or“Website” refers to Codelita LLC’s website, which can be accessed at www.codelita.com. “Service” refers to the Company’s services accessed via the Site or through our application (the “App”) on your device, in which users can learn programming. “You” refers to you, as a user of our Site or our Service.
These Beta Terms apply to and govern your participation in any or all public or private beta programs of Codelita (“Beta Program”) and use of Codelita’s Beta Services (“Beta Services”). In order to participate in a Beta Program or use Beta Services (collectively referred to as “Beta”), you must agree to these terms.
You may participate in a Beta Program and use Beta Services only upon request and approval by Codelita, and/or by invitation from us.
In the event that you are no longer a registered user of Codelita, your participation in the Beta Program and your use of all Beta Services will be terminated.
In the event that you receive an invitation that you believe is not intended for you, please disregard the invitation and notify us at firstname.lastname@example.org. Registration and participation in the Beta Program and, with the knowledge of not being the intended receipt of the invite, may result in termination of your account.
The Beta Services may be a separate, stand-alone service, accessible apart from the currently available Codelita Services (as defined in the Terms of Service) or may be a feature or functionality for existing Codelita Services.
A description of the Beta Services may be provided prior to or at the time you use a Beta Service, or if we make changes to the Beta Services.
By agreeing to and complying with these Terms we grant you a non-exclusive, revocable, non-transferable, limited license to use the Beta Services.
By accepting these Beta Terms or using the Beta Services, you understand and acknowledge that the Beta Services are being provided as a “Beta” version and made available on an “As Is” or “As Available” basis. The Beta Services may contain bugs, errors, and other problems. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR USE OF THE BETA SERVICES, INCLUDING, WITHOUT LIMITATION, ANY INTERNET ACCESS FEES, BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF YOUR DEVICE AND PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA. In addition, we are not obligated to provide any maintenance, technical, or other support for the Beta Services.
You also agree that any User Content (as defined in Terms of Service), including but not limited to, your username, password, account information, progress, saved content, submissions, codes, and comments may be rendered inaccurate, deleted or lost without prior notice.
You agree to allow Codelita to communicate with you via email.
In the event that you receive access to information that doesn’t belong to you, including another user’s account data, or found any possible vulnerability problem with our Service, please notify Codelita at email@example.com immediately and discontinue using the service, until you receive further instructions from us.
The Beta Services are made available to you for the purposes of evaluation and feedback without any compensation or reimbursement of any kind from Codelita. You acknowledge the importance of communication between you and Codelita during your use of the Beta Services and agree to receive related correspondence and updates from us. In the event you request to opt-out from such communications, your participation in the Beta Program may be terminated, and your use of the applicable Beta Services may likewise be discontinued.
As part of using the Beta Services, you may be asked to provide feedback regarding your use of the Beta Services. You acknowledge that Codelita owns any feedback provided, and you hereby grant to us, if for any reason it is further needed, a perpetual, non-revocable, royalty-free worldwide license to use and/or incorporate such feedback into any of our products or services at any time at our sole discretion.
We may also monitor how you use the Beta Services and use that information to improve the Beta Services or our other products and services.
You agree that we own all legal rights, title, and interest in and to the Beta Program and the Beta Services, including all intellectual property rights, and except for the license provided herein, no other rights or permissions to any of the Codelita Services is granted.
Nothing herein gives you a right to use any of our trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. Except to the extent permitted by law, you may not modify, distribute, prepare derivative works of, reverse engineer, reverse assemble, disassemble, decompile or otherwise attempt to decipher any code in connection with the Beta Services and/or any other aspect of Codelita, except as permitted by us.
These Beta Terms will remain in effect for as long as you use the Beta Services. We may terminate these Beta Terms before the end of your participation in the applicable Beta Program for any reason or no reason upon written notice to you. Upon termination, you will cease using the Beta Services.
These Beta Terms will automatically terminate upon any breach by you of any of your obligations hereunder including breach of confidentiality obligations. Your breach of any of your obligations under the Agreement may result in your immediate termination from the use of other Beta Services, or participation in any other Beta Programs.
We reserve the right to modify or terminate the Beta Program or the Beta Services, or your use of the Beta Services, to limit or deny access to the Beta Services and/or participation in the Beta Program, at any time, in our sole discretion, for any reason, with or without notice and without liability to you.
You may discontinue your use of the Beta Services and/or your participation in the Beta Program at any time.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT THE BETA SERVICES ARE PROVIDED BY CODELITA ON AN “AS IS” BASIS AND AS AVAILABLE, AND YOUR ACCESS TO, PARTICIPATION AND/OR USE OF THE CODELITA BETA PROGRAM OR BETA SERVICES, IS AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, CODELITA EXPRESSLY DISCLAIMS ALL AND YOU RECEIVE NO WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CODELITA MAKES NO WARRANTY THAT ANY OF THE SERVICES WILL MEET YOUR REQUIREMENTS AND/OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE, NOR DOES CODELITA MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR THE ACCURACY OF ANY OTHER INFORMATION OBTAINED THROUGH THE SERVICES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ANY OF THE SERVICES IS DONE AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM AND/OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CODELITA OR THROUGH THE BETA SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
WE EXPRESSLY REPRESENT THAT OUR BETA PROGRAMS AND BETA SERVICES ARE NOT FINAL PRODUCTS AND, AS SUCH, MAY CONTAIN VARIOUS ERRORS, DEFECTS AND THEY MAY BE UNSTABLE.
IN NO EVENT SHALL CODELITA OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL AND/OR INCIDENTAL LOSS, EXEMPLARY OR OTHER DAMAGES RELATED TO THESE TERMS AND/OR WHETHER DIRECT OR INDIRECT: (i) LOSS OF DATA, (ii) LOSS OF INCOME, (iii) LOSS OF OPPORTUNITY, (iv) LOST PROFITS, AND (v) COSTS OF RECOVERY OR ANY OTHER DAMAGES, HOWEVER CAUSED AND BASED ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), VIOLATION OF STATUTE, OR OTHERWISE, AND WHETHER OR NOT CODELITA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, CODELITA’S MAXIMUM LIABILITY HEREUNDER IS LIMITED TO $50.00. SOME JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Codelita will not provide any technical support, maintenance, or any other services for any Beta Program or Beta Service.
Codelita does not guarantee that it will make a commercial release of a version of the Product available. You acknowledge and agree that the Product is a pre-release version, does not represent a final product from Codelita, and may contain bugs, errors, or other problems that could cause Product failures and other damages, including, without limitation, damage to your device or computer. YOUR USE OF THE PRODUCT IS ENTIRELY AT YOUR OWN RISK.
You agree to hold harmless and indemnify Codelita, our affiliates and subsidiaries, officers, directors, agents, and employees from and against any third party claim arising from or in any way related to (i) your breach of the Terms, (ii) your use of the Beta Services and/or your participation in the Beta Program(s), or (iii) your violation of applicable laws, rules or regulations in connection with the Services.
You acknowledge and agree that:
UNDER NO CIRCUMSTANCES MAY ANY INFORMATION ABOUT THE BETA PROGRAMS, BETA SERVICES, AND/OR RESULTS BE PROVIDED TO PERSONS THAT ARE NOT INVOLVED IN THE PROCESS. ANY PUBLICATION OF BETA VERSIONS RESULTS, REVIEWS, OR EVALUATIONS IS ONLY PERMITTED WITH THE PRIOR WRITTEN CONSENT OF CODELITA.
Both parties agree to comply with all applicable local, state, national, and foreign laws, rules, and regulations, including, but not limited to, all applicable import and export laws and regulations governing use, transmission, and/or communication of content, in connection with their performance, participation, access and/or use of the Beta Services or Beta Program.
We reserve the right to make changes to these Beta Terms from time to time and may or may not notify you in such an event. You understand and agree that if you use the Beta Services after the date on which the Beta Terms have changed, we will treat your use as acceptance of the updated Terms.
Codelita Terms of Service for Beta
Last Update: May 26, 2021