Beta/Early Access
Terms and Conditions

This is an agreement between you (“you” or “your”) and Domo, Inc. (“Domo,” “we,” “us,” or “our”). The terms and conditions of this agreement (“agreement”) apply to your participation in Domo’s beta and early access programs (collectively, the “Beta/Early Access Program”). Participation in the Beta/Early Access Program is optional and offered by Domo to select customers and partners to obtain feedback prior to the general release of beta and early release features (the “Beta/Early Release Features”). By participating in the Beta/Early Access Program or otherwise accessing or using the Beta/Early Release Features, you accept the terms of this agreement. If you do not accept them, do not participate in the Beta/Early Access Program or access or use the Beta/Early Release Features. Capitalized terms used but not otherwise defined in this agreement shall have the meanings ascribed to them in the Service Agreement (as defined below).

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Eligibility for Participation
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By participating in the Beta/Early Access Program or accessing the Beta/Early Release Features, you represent that:

• You are authorized by the Domo customer with which you are employed or affiliated (“Subscriber”) to request access to and use of the Beta/Early Release Features for the platform instance(s) you specify for the beta test.
• You are an Authorized User under the Domo Software as a Service Agreement at https://www.domo.com/company/service-terms (the “Service Agreement”).

If you are unable to make the above representations, you may not use the Beta/Early Release Features or participate in the Beta/Early Access Program.

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Domo’s Ask of You
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By participating in the Beta/Early Access Program, you agree that you will:

• Use the Beta/Early Release Features on a regular basis during the applicable testing period, then tell us what you think through emails and surveys.
• Help us understand how the Beta/Early Release Features change your business.
• Notify us of bugs, errors, or other technical issues with the Beta/Early Release Features.

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What You Need to Know

• Important: The Beta/Early Release Features are usually enabled for the entire platform instance and for all users of the instance. If you want to limit access to the Beta/Early Release Features to only specific users, administrative users for the account will need to put in place appropriate restrictions.
• Unless otherwise communicated to you in writing, Beta testing will be done in production.
• The Beta/Early Release Features may not work correctly or the way a commercial version of such features may function. The Beta/Early Release Features may experience interruptions and extended downtime during which you may not be able to access Subscriber Data or other functionality. Updates may be provided from time to time and such updates may result in the deletion of Subscriber Data or changing of the functionality of the Beta/Early Release Features. Your feedback about any issues helps ensure a solid feature at release time.
• You are solely responsible for determining the appropriateness of using the Beta/Early Release Features and assume all risks associated with using the Beta/Early Release Features, including but not limited to risks and costs of program errors, compliance with applicable laws, damage to or loss of programs or equipment, and unavailability or interruption of operations.
• The Beta/Early Release Features are not intended to be used as updates for mission critical business functions.
• We may periodically release unannounced fixes or improvements to the Beta/Early Release Features.
• Some improvements take longer than others to implement and might not be included in the final release.
• We may discontinue the Beta/Early Release Features at any time and may never make the features generally available.

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Beta/Early Access Program Participation Terms

• By participating in the Beta/Early Access Program or otherwise accessing or using the Beta/Early Release Features, you agree to the following terms on behalf of Subscriber. If you do not have such authority or do not agree to the terms and conditions of this agreement, you may not access or use the Beta/Early Release Features or participate in the Beta/Early Access Program. The terms and conditions of this agreement form a part of and are incorporated by this reference into the Service Agreement.
• You bear sole responsibility for any and all Subscriber Data provided to us through your access to or use of the Beta/Early Release Features, and any software programs or services you use in connection with your access to or use of the Beta/Early Release Features, including without limitation taking the steps necessary to back up such Subscriber Data, software programs or services.
• Except as may be expressly permitted by applicable law, you will not, and will not permit any third parties to:
  (a) sell, rent, lease, or, except as expressly permitted in this agreement, license, sublicense, distribute, or otherwise permit third parties to access or use the Beta/Early Release Features;
  (b) except as expressly permitted in this agreement, use the Beta/Early Release Features to provide services to third parties as a service bureau or for time sharing or service provider purposes;
  (c) circumvent or disable any security or other technological features or measures of the Beta/Early Release Features, or attempt to probe, scan or test the vulnerability of a network or system, breach security or authentication measures, or gain unauthorized access to any service, system or network;
  (d) upload or provide for processing, or use the Beta/Early Release Features to store, display or transmit, any information or material that is illegal, defamatory, offensive, abusive, obscene, or tortious, or that violates privacy or intellectual property rights;
  (e) use the Beta/Early Release Features to harm, threaten, or harass another person or organization or in any way that violates applicable laws or regulations;
  (f) use the Beta/Early Release Features to create, send, store, run, or distribute any viruses, worms, Trojan horses, or other disabling code, malware component, or code or program harmful to a network or system;
  (g) copy, reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer, or create derivative works of the Beta/Early Release Features or any feature or function thereof;
  (h) access the Beta/Early Release Features for the purpose of monitoring availability, performance or functionality or for any benchmarking or other competitive purpose; or
  (i) alter nor remove any trademark, copyright notice, or other proprietary rights notice that may appear in any part of the Beta/Early Release Features (and you will include all such notices on any copies, including any reports printed via the use of the Beta/Early Release Features).
• You are solely responsible for your conduct (including by and between all users) and all communications with others while using the Beta/Early Release Features.
• The Beta/Early Release Features, and any non-public information pertaining to the features or disclosed to you in connection with the Beta/Early Access Program, are our confidential information and you agree to keep them in strict confidence.
• You acknowledge that your participation in the Beta/Early Access program is entirely voluntary, and you may choose to use or to not use any Beta/Early Release Feature in your sole discretion. We have no obligation to provide you with any Beta/Early Release Features and may, in our sole discretion, make some, all, or no Beta/Early Release Features available to you. We may revoke your participation in the Beta/Early Access Program at any time in our sole discretion.
• We have no obligation to provide any support services for the Beta/Early Release Features. The Beta/Early Release Features may be inaccessible due to scheduled and unscheduled reasons, including maintenance updates, power outages, system failures, extended downtime and other interruptions. During such periods, you may be unable to access or use all of, or a portion of, the Beta/Early Release Features. Some or all of the Subscriber Data may be lost. In the event of an outage or interruption that we determine may cause risk to the Beta/Early Release Features, we may determine in our sole discretion to suspend the Beta/Early Release Features. FOR THESE REASONS, THE BETA/EARLY RELEASE FEATURES ARE EXCLUDED FROM ANY SERVICE LEVEL COMMITMENTS WE MAY MAKE.
• You agree to provide regular feedback regarding your use of the Beta/Early Release Features, which may include submitting bug reports, questionnaires, enhancement requests, issue reports, or other information related to the Beta/Early Release Features as we may request from time to time during the beta testing period. You grant us a perpetual, royalty-free, irrevocable, worldwide license to use, incorporate, sublicense, distribute, create derivative works from, and otherwise exploit such feedback without restriction. We may also monitor how you use the Beta/Early Release Features and use that information to improve the Beta/Early Release Features or our other services.
• You acknowledge and agree that, in our sole discretion:
  (i) we may change the Beta/Early Release Features at any time, including without limitation for a future pre-release or commercial version,
  (ii) the Beta/Early Release Features may differ from the features we make generally available,
  (iii) we may discontinue the Beta/Early Release Features at any time, and
  (iv) we may never release a future pre-release or commercial version or otherwise make the Beta/Early Release Features generally available.
• You may access and use the Beta/Early Release Features only through the means we designate for the Beta/Early Release Features and only in accordance with the terms of this agreement, the Service Agreement, and the policies and procedures we may designate for use of the Beta/Early Release Features.
• Subject to your acceptance and compliance with this agreement, you may use the Beta/Early Release Features for the sole purposes of testing the Beta/Early Release Features internally and providing feedback to us.
• This agreement is effective on the date you first agree to it. This agreement will terminate on the earlier of
  (i) the date of first availability of a public preview or commercial release of the Beta/Early Release Features (if ever), or
  (ii) the date on which we provide notice of termination to you. We may suspend or cancel your use of and access to all or any part of the Beta/Early Release Features, or terminate this agreement, at any time for any reason and in our sole discretion.
• On cancellation, suspension or any termination of this agreement, you must stop using the Beta/Early Release Features. The termination of this agreement will not affect those provisions which by their nature are intended to survive termination, including but not limited to provisions relating to confidentiality, limitation of liability, and any other rights or obligations that expressly or by implication survive termination. Upon any termination of this agreement, all other rights granted to you by this agreement will terminate immediately.
• NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN OR IN THE SERVICE AGREEMENT, THE BETA/EARLY RELEASE FEATURES ARE PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KIND, AND WE WILL HAVE NO DEFENSE OR INDEMNIFICATION OBLIGATIONS WITH RESPECT TO THE BETA/EARLY RELEASE FEATURES AND NO LIABILITY FOR ANY HARM OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH THE BETA/EARLY RELEASE FEATURES.
• This agreement will be interpreted, construed, and enforced in all respects in accordance with the local laws of the State of Utah, U.S.A., without reference to its choice of law rules and not including the provisions of the 1980 U.N. Convention on Contracts for the International Sale of Goods.
• If any part of this agreement is found to be illegal, unenforceable, or invalid, the remaining portions of this agreement will remain in full force and effect. If any material limitation or restriction on the use of the Beta/Early Release Features under this agreement is found to be illegal, unenforceable, or invalid, your right to use the Beta/Early Release Features will immediately terminate.