The rules for trying Arked during the private beta: what you may do with the build, what stays confidential, and what to expect from software that is not finished.
These terms are an agreement between you and Fabio Della Selva, the developer of Arked (below, “the developer”). They govern your participation in Arked's private beta: the use of the test builds of the app for Mac, iPhone and iPad, of the invite codes and of everything you receive as a participant.
You accept them by ticking the box on the request form, and they apply from the moment you receive an invite code. You must be at least eighteen to take part.
The developer grants you a personal, free, non-exclusive, non-transferable and revocable licence to install and use Arked, for the duration of the beta, for the purpose of testing it.
Arked, its code, its trademark and its documentation remain the developer's. The documents you archive and their data remain yours: these terms give the developer no right over them.
By taking part you see things that are not public. The app and its builds, features not yet announced, known defects, development plans and the communications you receive as a participant are confidential.
What is already public or becomes so through no fault of yours, what you already knew, and what you must disclose by law or by order of an authority is not confidential. Saying that you take part in the Arked beta is not forbidden.
The obligation lasts until the information is made public by the developer, and in any case for two years from the end of your participation.
The reports, suggestions and ideas you send serve to improve Arked. The developer may use them freely, including in the final product, without owing you any compensation and with no obligation to implement them. You are not required to send any.
Arked in beta is unfinished software, provided as is and as available. It may contain errors, misread a document, stop working, change from one build to the next or lose features.
To the extent permitted by law, the developer gives no warranty: not that Arked will work without interruption or error, not that it is fit for a particular purpose, not that the data read from documents is accurate. Amounts, dates and deadlines should always be checked against the original.
Arked does not change your original files, but a beta is no place for the only copy: keep a backup of the documents that matter.
The beta is free of charge. To the extent permitted by law, the developer is not liable for damage arising from the use of Arked or the inability to use it: loss of data, missed deadlines, wrong payments, loss of profit, indirect damage.
This limitation does not apply to wilful misconduct or gross negligence, nor to cases where the law does not allow liability to be excluded or limited. If you are a consumer, the rights the law gives you remain unaffected and cannot be waived.
The data you leave in the request form is covered by the privacy notice. The documents you archive stay on your device: Arked does not send them to the developer.
Participation lasts as long as the private beta lasts, or until either party ends it.
Confidentiality (Article 3), your feedback (Article 4), the absence of warranty (Article 5), the limitation of liability (Article 6) and the governing law (Article 12) survive the end of your participation.
At launch Arked reads the state of the beta and looks for updates. The developer can therefore remotely deactivate a retired version or a revoked code. A deactivated version does not open until it is updated; your archive is not touched.
New builds should be installed within a reasonable time: testing an old version helps nobody.
Taking part in the beta gives no right to receive the final version, whether free or on special terms. The developer is not obliged to release it, and may change its features, price and distribution.
If these terms change, the new version is published on this page with its date, and participants are notified by email. If you do not accept it you may stop taking part; by continuing to use the beta after the notice, you accept it.
These terms are governed by Italian law. If you are a consumer, any dispute falls under the court of the place where you reside or are domiciled, and the mandatory rights the law of your country gives you remain unaffected. In all other cases the court of the developer's place of residence has exclusive jurisdiction.
If a clause turns out to be void or ineffective, the others remain valid.
For any question about these terms: