Early Access Terms (“EAT”)

Last updated: April 18, 2023

These Early Access Terms (the “EAT”) apply to all Customers of the Services that choose to use any Early Access Services before they have been brought into general availability, and the EAT applicability is limited to the use of such Early Access Services within the Services. Insofar there is a conflict between the EAT and the conditions of the Agreement between Dixa and a Customer, the EAT shall take precedence in relation to its subject matter. 

Using any Early Access Services, authorising or permitting any agent or end-user to access or use Early Access Services, you agree to be bound by all terms, conditions, and notices contained or referenced in the EAT. 

1 Definitions. In the EAT, “Early Access Services” means any modules, functions, features or the like, which are not part of the Services general availability offering (i.e. in alpha, beta, other similar early access or test state and have been marked or communicated as such). All other capitalised terms used in this EAT have the meanings given to them in Dixa’s online TOS, DPA, or the signed Master Subscription Agreement between the parties, as applicable.

2 Disclaimer. Early Access Services are not generally available, and are of experimental nature and may be originating within a field which is constantly developing, and may contain bugs, errors, defects or harmful components. Thus, Dixa provides Early Access Services to Customers and authorised users “as is”. Except to the extent prohibited by law, Dixa and our affiliates make no warranties (express, implied, statutory or otherwise) with respect to the Early Access Services, and disclaim all warranties including but not limited to warranties of merchantability, fitness for a particular purpose, satisfactory quality, non-infringement, and quiet enjoyment, and any warranties arising out of any course of dealing or trade usage. We do not warrant that the Early Access Services will be (a) uninterrupted, accurate or error free; (b) will meet any specified service level or security requirement, or (i)  that any content will be secure or not lost or altered. Dixa shall have no liability whatsoever for any harm or damage arising out of or in connection with Early Access Services. Accordingly, Customer does not hold any indemnification rights before Dixa in respect to the use of Early any Access Services. All Early Access Services are offered at Dixa’s sole discretion and are subject to withdrawal at any time and without notice or compensation. 

3 Processing of Customer Data. The Customer understands and agrees that Early Access Services may have access to, and process, Customer Data to provide its functionalities. Dixa will, upon your request, inform you regarding how data provided by you to Dixa is processed, used, and stored within the Early Access Services. 

4 Early Access Services’ use. Notwithstanding the limitations of the Early Access Services, Customer will comply with all applicable laws and regulations with respect to its activities under this EAT and the Agreement and carry out all other Customer responsibilities set out in the Agreement in a timely and efficient manner. The Customer will also comply with any other requirements in our documentation.

5 Severability. If any provision of this Agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, that provision will be limited to the extent necessary so that this Agreement will give effect to the commercial intention of the Parties. The other provisions of this Agreement shall remain in force.

6 Amendments and waivers. Dixa reserves the right, at its sole discretion, to change, modify, add, or remove parts of these EAT at any time by posting such changes on the website or by notifying the Customer. Other than for changes addressing compliance with applicable law, we will notify the Customer 30 days in advance of making effective changes to these EAT that impact the rights or obligations of any party to these EAT, for example via a service notification or an email to the email address associated with the Customer’s account. By continuing to access or use any Early Access Services after those revisions become effective, the Customer agrees to be bound by the revised EAT. No variation, supplement, modification, or amendment of this EAT will be effective unless it is in writing. No conduct, delay or failure to enforce or exercise rights or remedies under this EAT or by law by Dixa shall constitute a waiver. No waiver will be effective unless in a writing signed by a duly authorised representative of a Party. Any conditions in documents provided unilaterally by the Customer will have no binding effect, and if Dixa accepts to process such a document it will be for administrative purposes only and will have no legal effect.

7 Termination. Dixa may terminate this EAT, and/or the access to any Early Access Services, with or without notice. Notwithstanding the termination of this EAT, the terms of the EAT shall survive and  continue to govern in respect of the use of any Early Access Services during the term of the EAT applied.