Join the EnviroMetrics Beta
Read and sign the agreement below. Then we'll send your TestFlight invite.
Beta Testing, Confidentiality and Non-Competition Agreement
This agreement is between TygerLabs AI, Inc., a Florida corporation with its principal office at 777 3rd Ave N #1504, St. Petersburg, FL 33701, which develops and operates EnviroMetrics ("Company," "we," or "us"), and the individual who signs below ("you" or "Tester").
We are giving you early access to unreleased software in exchange for your agreement to keep it confidential, use it only to test it, and not compete with it. Please read this whole agreement before you sign. You have the chance to ask us questions first, and you may have a lawyer review it before you sign.
1. Definitions
"Beta" or "Prototype" means any pre-release version of the EnviroMetrics app, website, services, data or materials that we make available to you, including through Apple TestFlight, and every update, build and feature we add to it during your access.
"Confidential Information" means all non-public information you see or receive through the Beta, in any form, whether or not it is marked confidential. This includes, without limitation:
- The Beta itself.
- Its screens, design, layouts, workflows, wording and user experience.
- Its features, scores, scoring methods, ratings, thresholds, data sources, data, readings and results.
- Its algorithms, source code and architecture.
- Our product plans, roadmaps, pricing, business models, revenue sources, partners, suppliers and product selections.
- Our marketing plans and unreleased content.
- The identities of our team, environmental advocates, other testers and partners.
- The existence and terms of this Agreement.
"Feedback" means any comments, suggestions, ideas, bug reports, screenshots, recordings, ratings or other input you give us about the Beta.
"Competing Product" means any app, website, software, service or product that: (a) scores, rates, maps, reports or explains environmental conditions affecting a home or address, including air, water, soil, land, noise, radiation, EMF, mold, moisture, radon or other indoor or outdoor factors; or (b) recommends, sells or earns referral income on home environmental testing, filtration, remediation products or consultations based on such conditions.
"Restricted Period" means the period of your Beta access plus twelve (12) months after your access ends, for any reason.
"Territory" means the United States.
2. Beta access license
We grant you a limited, personal, revocable, non-exclusive, non-transferable and non-sublicensable license to access and use the Beta.
You may use the Beta only on devices you own or control, only to test it and give us Feedback, and only for as long as we allow.
We may change, suspend or end the Beta, or your access to it, at any time, with or without notice.
Your use of the Beta is also subject to Apple's TestFlight terms. All rights not expressly granted to you are reserved by us.
3. Tester obligations
- You will use the Beta only to evaluate it and give us Feedback.
- You will not share your invite, account, device or login with anyone, and you will not invite anyone else to the Beta without our written permission.
- You will report bugs to us promptly, through the TestFlight feedback feature or by email.
- You will use reasonable security measures to protect the Beta and Confidential Information, at least as careful as the measures you use for your own private information.
- You will notify us right away if you learn of any unauthorized use or disclosure of the Beta or Confidential Information.
4. Prohibited conduct
You agree that you will not:
- Disclose, publish, post, stream, review, blog about or otherwise discuss the Beta or Confidential Information outside the Company, including on social media, forums or with the press.
- Take screenshots, screen recordings, photos or videos of the Beta, except screenshots you send only to us as Feedback.
- Copy, modify, translate or create derivative works of the Beta, or remove any notices from it.
- Reverse engineer, decompile, disassemble or decrypt the Beta, or otherwise try to discover its source code, scoring methods, data sources, APIs or logic, except where applicable law expressly permits this despite this restriction.
- Scrape, harvest, extract, export, bulk-download or otherwise systematically collect data from the Beta, whether manually or using automated tools.
- Use the Beta or Confidential Information to build, train, improve, benchmark or market any other product, service, dataset or AI model.
- Publish any benchmark or comparison involving the Beta.
- Interfere with, overload, probe or bypass the security or access controls of the Beta.
- Use the Beta for any unlawful purpose.
5. Confidentiality
You will keep all Confidential Information in strict confidence. You will not disclose it to anyone, and you will not use it for any purpose other than testing the Beta for us.
These obligations do not apply to information that you can show, with written records, is: already public through no fault of yours; already lawfully known to you before we disclosed it; lawfully received from a third party without a duty of confidentiality; or independently developed by you without using our Confidential Information.
If you are legally compelled to disclose Confidential Information, you will disclose only what is required, give us prompt written notice if the law allows it, and cooperate with us to limit the disclosure.
Federal law gives you certain protections for reporting possible legal violations. Under the Defend Trade Secrets Act, 18 U.S.C. ยง 1833(b), you will not be held criminally or civilly liable for disclosing a trade secret if you do so in confidence to a federal, state or local government official, or to an attorney, solely to report or investigate a suspected violation of law, or in a complaint or other document filed in a lawsuit or other proceeding, if filed under seal. Nothing in this Agreement prevents you from reporting possible violations of law to a government agency.
6. Ownership and Feedback
We and our licensors own the Beta, all Confidential Information, and all related intellectual property, including any improvements we make based on your Feedback. Nothing in this Agreement transfers any ownership to you, and nothing in this Agreement grants you any implied license beyond the license in Section 2.
You assign to us all rights you may have in your Feedback. If that assignment is not effective for any reason, you grant us a perpetual, irrevocable, worldwide, royalty-free, fully paid, transferable and sublicensable license to use your Feedback for any purpose. You will not receive credit or payment for Feedback, and you waive any moral rights in it. You confirm that no Feedback you give us is subject to any third party's rights.
7. Non-solicitation and non-interference
During the Restricted Period, you will not:
- Solicit, recruit or hire any of our employees, contractors, environmental advocates or consultants.
- Induce any of our partners, suppliers, affiliates, referral sources or other business contacts that you learned of through the Beta to end, reduce or change their relationship with us.
- Use Confidential Information to deal directly with any such person or company in a way that bypasses us and harms our business.
General job postings that are not specifically aimed at our people are allowed.
8. Non-competition
You acknowledge that the Beta gives you access to our product design, methods, data, plans and relationships, which are trade secrets, and that the restriction in this Section is reasonably necessary to protect them.
During the Restricted Period, within the Territory, you will not, directly or indirectly, whether as an owner, founder, employee, contractor, consultant, advisor, investor, partner, agent or otherwise:
- Develop, design, build, launch, operate or market a Competing Product.
- Help, advise or provide services to anyone else doing any of the above.
- Use or disclose Confidential Information for the benefit of a Competing Product.
This Section does not prohibit: passive ownership of up to 2% of the stock of a publicly traded company; work you had already started and described to us in writing before you signed this Agreement; ordinary consumer use of any product, including a competitor's product; or a role that is unrelated to a Competing Product.
If the law of your state prohibits or limits this Section, it applies to you only to the extent that law allows. Sections 4, 5 and 7 still apply to you in full regardless.
9. Tester information and privacy
We receive the following information from you: your name, email, device and app information, crash reports, usage information, your Feedback, and any addresses you enter into the Beta.
We use this information to run, test and improve the Beta and to contact you, as described in our Privacy Policy at envirometrics.ai/privacy. Any data collected through Apple TestFlight is handled under Apple's own terms.
10. No payment; no relationship
Your participation in the Beta is voluntary and unpaid. You are not our employee, contractor, partner or agent. We have no obligation to release a finished product, hire you, or offer you anything as a result of your participation.
Your consideration for this Agreement is the early access to the Beta and Confidential Information that we are giving you.
11. Disclaimers
THE BETA IS A PRE-RELEASE PRODUCT, PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS. WE MAKE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT.
The Beta may have errors, and its readings, scores and recommendations may be inaccurate or incomplete. It may stop working or lose data at any time.
The Beta provides general information only. It is not medical, health, safety, engineering, legal or financial advice, and it is not a substitute for a professional inspection or test. Do not rely on it for decisions about your health, safety, property or money.
12. Limitation of liability
TO THE FULLEST EXTENT ALLOWED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOST DATA, PROFITS OR GOODWILL, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE BETA.
OUR TOTAL LIABILITY TO YOU UNDER THIS AGREEMENT, FOR ANY REASON, WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100).
13. Term, termination, survival
This Agreement starts when you sign it and continues until your Beta access ends. Either party may end it at any time by giving notice to the other.
When this Agreement ends, you will stop using the Beta, delete it from your devices, and return or destroy all Confidential Information in your possession. You will confirm this to us in writing if we ask.
Your confidentiality obligations under Section 5 last for three (3) years after your access ends, except that our trade secrets remain protected for as long as they remain trade secrets.
Sections 1 and 4 through 20 survive the end of this Agreement, along with any other provision that by its nature should survive.
14. Remedies
You acknowledge that a breach of Section 4, 5, 7 or 8 would cause us irreparable harm for which money damages alone would not be an adequate remedy. We may seek a temporary restraining order, preliminary and permanent injunction, and specific performance, without having to prove actual damages and, where the law allows, without having to post a bond.
If you breach Section 7 or 8, the Restricted Period will be extended by the length of that breach.
The prevailing party in any action to enforce this Agreement may recover its reasonable attorneys' fees and costs.
15. Governing law and venue
This Agreement is governed by the laws of the State of Florida, without regard to its conflict-of-law rules.
Any dispute arising out of this Agreement will be brought exclusively in the state or federal courts located in Pinellas County, Florida, and you consent to the jurisdiction of those courts. We may seek injunctive relief in any court with jurisdiction over you.
16. Severability and reformation
If any part of this Agreement is found invalid or unenforceable, that part will be enforced to the maximum extent allowed, and the rest of the Agreement will remain in full effect.
If a court finds that any restriction in Section 7 or 8 is too broad in time, territory or scope, the court may modify it to the greatest restriction allowed by law and enforce it as modified.
17. Notices
Notices to us should be sent to roar@tygerlabs.ai. Notices to you will be sent to the email address you provide when you sign this Agreement.
Notice by email is effective when sent.
18. Assignment
You may not assign this Agreement. We may assign it, including to an affiliate or to a successor to our business or to the EnviroMetrics product.
This Agreement binds and benefits each party's successors and permitted assigns.
19. Electronic signature and records
You consent to sign this Agreement and receive it electronically. Typing your name, drawing your signature, and clicking "Sign" is a legal signature with the same effect as a handwritten signature, under the federal ESIGN Act and applicable state law.
You may save or print a copy of this Agreement for your records. We will keep a record of your signature, the date and time you signed, and the exact text you signed.
20. Entire agreement
This Agreement is the entire agreement between you and us about the Beta, and it replaces any earlier discussions or agreements about it.
It may only be changed by a writing signed by, or electronically accepted by, both parties. Our failure to enforce any part of this Agreement is not a waiver of our right to enforce it later. Section headings are for convenience only and do not affect the meaning of this Agreement.
Acknowledgment
By signing below, you confirm that you are at least 18 years old, that you have read and understand this Agreement, that you had the opportunity to consult a lawyer before signing, and that you are signing voluntarily.