Beta Participation Agreement
- Last Updated:
- July 18, 2026
- Effective Date:
- July 18, 2026
Beta Participation Agreement
Last Updated: July 18, 2026 Effective Date: July 18, 2026
This Beta Participation Agreement (this "Beta Agreement") is entered into between you (the "Beta Participant" or "you") and My Opus, Inc., a Delaware corporation ("Opus," "Company," "we," "us," or "our"), and governs your participation in the Opus closed beta, alpha, early access, preview, evaluation, canary, nightly, or other pre-release programs that we may offer from time to time (each, a "Beta Program" and collectively, the "Beta Programs").
This Beta Agreement supplements, and does not replace, our Terms of Use, Privacy Policy, Cookie Policy, DMCA and Copyright Policy, Subprocessor List, and Responsible AI Use Policy (collectively, the "Standard Agreements"). In the event of any conflict between this Beta Agreement and the Standard Agreements, this Beta Agreement controls solely with respect to your participation in a Beta Program; the Standard Agreements continue to govern all other aspects of your use of the Services.
Important
PLEASE READ THIS BETA AGREEMENT CAREFULLY. PARTICIPATION IN A BETA PROGRAM INVOLVES THE USE OF SOFTWARE AND SERVICES THAT ARE UNDER ACTIVE DEVELOPMENT AND MAY BE UNSTABLE, INCOMPLETE, OR SUBJECT TO CHANGE OR DISCONTINUATION. BY ACCEPTING THIS BETA AGREEMENT OR BY ACCESSING OR PARTICIPATING IN A BETA PROGRAM, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS BETA AGREEMENT AND THE STANDARD AGREEMENTS, AND YOU AGREE TO BE BOUND BY THEIR TERMS.
1. Acceptance and Scope
1.1 Acceptance
By accepting this Beta Agreement (whether by clicking an "I agree," "I accept," or similar mechanism, by accessing or participating in a Beta Program, or by accepting an invitation to a Beta Program), you accept and agree to be bound by this Beta Agreement and by the Standard Agreements.
1.2 Capitalized Terms
Capitalized terms used but not defined in this Beta Agreement have the meanings given to them in our Terms of Use or our Privacy Policy, as applicable.
1.3 Relationship to Standard Agreements
This Beta Agreement is in addition to, and does not replace, the Standard Agreements. Where you participate in a Beta Program, both this Beta Agreement and the Standard Agreements apply to your participation. To the extent that any provision of this Beta Agreement conflicts with any provision of the Standard Agreements solely with respect to your participation in a Beta Program, this Beta Agreement controls; in all other respects, the Standard Agreements remain in full force and effect.
2. Eligibility
2.1 Age and Capacity
You must be at least eighteen (18) years of age and have the legal capacity to enter into a binding contract to participate in a Beta Program. By accepting this Beta Agreement, you represent and warrant that you satisfy these requirements.
2.2 Invitation; No Right to Participate
Participation in a Beta Program is by invitation, application, or other selection mechanism designated by us. We may, in our sole discretion and at any time, accept, decline, or revoke any invitation, application, or selection. You have no right or entitlement to participate in any Beta Program.
2.3 Conflicts and Affiliations
You represent and warrant that, to the best of your knowledge, your participation in the Beta Program does not violate any agreement, duty, or obligation you owe to any third party (including any employer, client, or other principal). If your role or affiliation creates a potential conflict (for example, if you are employed by a competitor of Opus or by a research, journalism, or competitive-intelligence organization), you must disclose the conflict to us at the time you accept this Beta Agreement and we may decline or condition your participation accordingly.
3. Nature of Beta Programs
3.1 Pre-Release Software
The Services, features, content, and functionality made available to you through a Beta Program (collectively, the "Beta Services") are pre-release, in active development, and provided for the limited purpose of testing, evaluation, and feedback. Beta Services are NOT generally available production software.
3.2 Expected Conditions
You acknowledge and accept that, as a condition of participating in a Beta Program, the Beta Services may at any time:
(a) be unstable, incomplete, contain bugs and errors, perform inconsistently, or be unavailable in part or in whole;
(b) include features, content, or functionality that are experimental, that have not been fully tested, that may behave unpredictably, or that may produce unexpected, inappropriate, or low-quality outputs;
(c) be modified, replaced, redesigned, or removed at any time, with or without notice;
(d) fail to comply with documentation, marketing materials, or other descriptions, including documentation or descriptions provided by us;
(e) be unavailable for extended periods due to maintenance, debugging, or other operational reasons; and
(f) result in the loss, corruption, or inaccessibility of User Content, Outputs, account data, settings, history, or other information.
3.3 No Service Level Agreement
No service level agreement, uptime guarantee, or support commitment applies to Beta Services. We will use commercially reasonable efforts to address significant issues but make no guarantee of any specific response time, fix time, or availability target.
4. No Promises Regarding Future Features
4.1 Beta Features May Never Ship
You acknowledge and accept that any feature, functionality, content, or capability you encounter in a Beta Program ("Beta Features"):
(a) may or may not be included in any future generally-available release of the Services;
(b) may be modified, redesigned, or replaced before any future release;
(c) may be removed or discontinued at any time before, during, or after any future release;
(d) may be made available only to a subset of Users in any future release (including paid Users only); and
(e) may be subject to materially different terms, restrictions, pricing, or usage limits in any future release than those applicable in the Beta Program.
4.2 No Reliance
You agree not to rely on the continued availability, functionality, performance, or characteristics of any Beta Feature in making any business, personal, or other decision. We make no representation, warranty, commitment, or guarantee regarding the future availability or characteristics of any Beta Feature.
4.3 No Roadmap Commitment
References, statements, or descriptions made by us regarding planned features, roadmap items, or anticipated releases (whether in the Beta Services, in communications with you, or otherwise) are forward-looking and aspirational, are based on our current expectations, and are subject to change at our sole discretion. Such references do not constitute a commitment to deliver any feature on any timeline.
5. Data Loss and Service Interruption
5.1 Risk of Data Loss
You acknowledge and accept that participation in a Beta Program may result in the loss, corruption, deletion, or inaccessibility of User Content, Outputs, account data, settings, history, or other information, including without limitation as a result of:
(a) bugs, errors, or defects in the Beta Services;
(b) database migrations, schema changes, or data model changes during the development process;
(c) decisions to discontinue or remove specific features or capabilities;
(d) infrastructure changes, including changes in the location, structure, or configuration of our data storage;
(e) intentional resets of beta databases as part of testing or development cycles;
(f) decisions to reset, refresh, or terminate the Beta Program; and
(g) any other circumstance arising from the pre-release nature of the Beta Services.
5.2 No Backup Obligation; No Restoration Right
We are not obligated to maintain backups of your User Content, Outputs, account data, or other information generated in connection with your participation in a Beta Program, and we are under no obligation to restore any information that is lost, corrupted, or rendered inaccessible. If you wish to preserve any User Content or Outputs you create or receive in a Beta Program, you are responsible for exporting and maintaining your own copies, where such export functionality is made available.
5.3 No Migration Obligation
We are not obligated to migrate User Content, Outputs, account data, or other information from a Beta Program to any subsequent Beta Program, to any generally-available release of the Services, or to any successor product or service, except as we may expressly agree in writing.
5.4 Disclaimer of Damages for Data Loss
Without limiting Section 14 (Limitation of Liability), we expressly disclaim any liability for data loss arising from or related to your participation in a Beta Program. By participating, you accept the risk of such data loss.
6. Free Access; No Compensation
6.1 No Fees
Participation in a Beta Program is provided to you free of charge unless we expressly state otherwise in writing.
6.2 No Compensation
You acknowledge that participation in a Beta Program (including the provision of feedback, the participation in user research, and the performance of testing or evaluation activities) is provided on a voluntary, uncompensated basis, and you are not entitled to any compensation, fee, royalty, equity, or other consideration in respect of your participation, except as we may expressly agree in writing.
6.3 Modest Incentives
Notwithstanding Section 6.2, we may from time to time offer modest non-monetary incentives in connection with specific Beta Programs or research activities (such as gift cards, swag, or extended access to paid features upon general availability). Any such incentive is at our sole discretion and does not, in itself, create an employment, contractor, or compensable relationship between you and us.
7. Authorized Access for Troubleshooting and Improvement
You acknowledge and consent that, in connection with the operation, troubleshooting, debugging, support, and improvement of the Beta Services, authorized personnel of Opus (including employees, contractors, and authorized third-party service providers) may access User Content, Outputs, account information, and usage data associated with your account, in accordance with our Privacy Policy and our internal information security and access control practices. This authorization is in addition to, and does not modify, the authorization in Section 6.3 (Authorized Access for Troubleshooting and Improvement) of our Terms of Use.
8. User Research
8.1 Voluntary Participation
We may, but are not obligated to, invite you to participate in user research activities related to the Beta Program, including without limitation interviews, surveys, usability testing, diary studies, journey-mapping sessions, and feedback sessions (collectively, "Research Activities"). Your participation in any Research Activity is voluntary, and you may decline or withdraw at any time without affecting your participation in the Beta Program.
8.2 Research-Specific Terms
Some Research Activities may be subject to additional terms (such as a research participation form or a recording consent), which will be presented to you at or before the time of the relevant Research Activity. Your acceptance of those additional terms governs the specific Research Activity in addition to this Beta Agreement.
8.3 Use of Research Data
Information collected through Research Activities (including responses, recordings, transcripts, and observations) is used by us for the purposes described in our Privacy Policy, including (without limitation) understanding User needs, identifying issues, refining product design, and informing the future development of the Services. Aggregated, de-identified, or summary findings derived from Research Activities may be retained and used in perpetuity.
9. Recording Consent
9.1 General
Some Research Activities may involve audio recording, video recording, or screen recording (collectively, "Recordings").
9.2 Notice and Consent
We will notify you in advance of any Research Activity that we intend to record. Recording will not occur unless you provide your express consent at or before the time of the recording. Where multiple participants are present, we will obtain consent from each participant before recording.
9.3 Use of Recordings
Where you have consented to a Recording:
(a) we may use the Recording for the purposes described in Section 8.3 (Use of Research Data), including internal review, analysis, training of personnel, and informing product design;
(b) we will not publish, disclose externally, or use the Recording in marketing, promotional, or external communications without your separate, specific, prior consent for that use; and
(c) we will retain the Recording in accordance with the retention period specified in the recording consent (or, if not specified, for no longer than twenty-four (24) months following the date of the Recording, except where retained as part of a study record).
9.4 Withdrawal of Consent
You may withdraw your consent to a specific Recording at any time by contacting us. Withdrawal will not affect the lawfulness of processing carried out prior to withdrawal, but we will discontinue further use of the Recording prospectively and will delete the Recording from our active systems within a reasonable period of time, except as we may be required or permitted to retain it under applicable law.
9.5 Two-Party Consent Jurisdictions
You acknowledge that some U.S. states (including, without limitation, California, Florida, Illinois, Maryland, Massachusetts, Pennsylvania, and Washington) and many countries outside the United States require the consent of all parties to a recording. Your express consent under this Section 9 satisfies this requirement with respect to your participation. If other individuals are present during a Research Activity (for example, family members in your home), you are responsible for obtaining their consent or excluding them from the Recording.
10. Confidentiality
10.1 Confidential Information
In connection with your participation in a Beta Program, you may have access to non-public information regarding the Beta Services, the Company, and our business, including without limitation:
(a) the existence, design, functionality, performance, and limitations of Beta Features (including features that may not be publicly announced);
(b) prompts, system instructions, or other AI-related configurations of the Beta Services;
(c) Outputs generated by the Beta Services that reflect non-public methodologies or content libraries;
(d) roadmap items, internal plans, and pre-release announcements;
(e) financial, operational, or strategic information about Opus or its business; and
(f) any other information that is marked or identified as confidential, or that a reasonable person would understand to be confidential under the circumstances (collectively, "Confidential Information").
10.2 Obligations
You agree:
(a) not to disclose Confidential Information to any third party without our prior written consent;
(b) not to publish, post, share, or distribute Confidential Information through any public or semi-public channel (including without limitation social media, blogs, forums, podcasts, video platforms, news media, group chats, and AI services that may use Confidential Information for training);
(c) not to use Confidential Information for any purpose other than your participation in the Beta Program; and
(d) to take reasonable measures to protect Confidential Information against unauthorized access or disclosure.
10.3 Exceptions
Confidential Information does not include information that:
(a) was publicly known at the time you received it from us, or that subsequently becomes publicly known through no breach of this Beta Agreement by you;
(b) was rightfully known to you, free of any duty of confidentiality, before you received it from us;
(c) is rightfully obtained by you from a third party who has the right to disclose it to you free of any duty of confidentiality; or
(d) is independently developed by you without use of or reference to any Confidential Information.
10.4 Compelled Disclosure
If you are required by law, regulation, court order, subpoena, or other legal process to disclose Confidential Information, you will (to the extent legally permitted) (i) promptly notify us in writing of the requirement, (ii) provide us with a reasonable opportunity to seek a protective order or other appropriate remedy, and (iii) cooperate with our reasonable efforts to limit the scope of the disclosure.
10.5 Permitted Disclosures
Notwithstanding the foregoing, you may share screenshots, descriptions, or experiences relating to your participation in a Beta Program with (a) members of your immediate household, and (b) trusted personal advisors who are themselves bound by appropriate confidentiality obligations, provided that such sharing does not include any Confidential Information described in Section 10.1(a)–(c) regarding non-public technical details, prompts, or methodologies, and does not include any roadmap or unannounced features.
If you are unsure whether a particular disclosure is permitted, please contact us at beta@opuswithin.com before disclosing.
10.6 Survival
Your obligations under this Section 10 survive the termination of this Beta Agreement and your participation in any Beta Program for a period of three (3) years following such termination, except with respect to trade secrets, for which your obligations are perpetual.
11. Feedback
11.1 Encouragement
We encourage you to provide feedback, comments, suggestions, ideas, improvements, bug reports, and other input regarding the Beta Services (collectively, "Feedback"). Feedback is one of the most valuable contributions a Beta Participant can make to a Beta Program.
11.2 License to Opus
You hereby grant to Opus a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, transferable, sublicensable license to use, reproduce, modify, distribute, display, perform, and otherwise exploit Feedback for any purpose, including without limitation to incorporate Feedback into the Services. You waive any rights you may have in any Feedback (including any moral rights, to the extent permitted under applicable law) and acknowledge that we are not obligated to use any Feedback or to compensate you for any Feedback. This license is in addition to, and does not modify, the feedback license in Section 12.4 (Feedback) of our Terms of Use.
11.3 No Confidential Treatment
You acknowledge that Feedback is not Confidential Information. Subject to our obligations under our Privacy Policy regarding personal information, we may disclose, use, or attribute Feedback (or aggregated or de-identified Feedback) without restriction.
11.4 No Reservation
You acknowledge that the existence and content of Feedback you provide to us does not establish any priority, ownership, or reservation of rights in the underlying ideas or improvements suggested in the Feedback, and you may not assert any such priority, ownership, or reservation against us based on the timing or content of your Feedback.
12. No Reverse Engineering or Competitive Use
In addition to the prohibitions in Section 7 (Acceptable Use) of our Terms of Use, you agree that you will not, in connection with the Beta Program, and will not permit, encourage, or enable any third party to:
(a) reverse engineer, decompile, disassemble, decrypt, or otherwise attempt to derive the source code, underlying ideas, algorithms, file formats, model weights, prompts, training data, or non-public APIs of the Beta Services;
(b) use the Beta Services or any Beta Features, Outputs, Confidential Information, or other materials obtained through the Beta Program to develop, design, train, fine-tune, evaluate, benchmark, or improve any artificial intelligence model, machine learning system, or competing product or service;
(c) participate in the Beta Program for the purpose of competitive intelligence, journalistic investigation, regulatory inquiry, or litigation against Opus, except as expressly disclosed and accepted by us under Section 2.3 (Conflicts and Affiliations); or
(d) take any action that, in our reasonable judgment, is intended to harm Opus, the Beta Program, or other Beta Participants.
13. Disclaimer of Warranties
Warning
THE BETA SERVICES, INCLUDING ALL BETA FEATURES, OUTPUTS, AND RELATED MATERIALS, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OPUS, ITS AFFILIATES, AND ITS LICENSORS, SUPPLIERS, AND SERVICE PROVIDERS (COLLECTIVELY, THE "OPUS PARTIES") EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION:
(A) WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ACCURACY;
(B) WARRANTIES THAT THE BETA SERVICES WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, COMPLETE, ACCURATE, RELIABLE, OR ERROR-FREE; AND
(C) WARRANTIES REGARDING THE PERSISTENCE, AVAILABILITY, OR INTEGRITY OF ANY USER CONTENT, OUTPUTS, OR ACCOUNT DATA.
THE DISCLAIMERS IN THIS SECTION 13 ARE IN ADDITION TO, AND DO NOT REPLACE, THE DISCLAIMERS IN SECTION 17 (DISCLAIMER OF WARRANTIES) OF OUR TERMS OF USE.
14. Limitation of Liability
Warning
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ANY OPUS PARTY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES (WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE; INCLUDING DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO THIS BETA AGREEMENT OR YOUR PARTICIPATION IN ANY BETA PROGRAM, REGARDLESS OF THE LEGAL THEORY (WHETHER CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR OTHERWISE), AND EVEN IF AN OPUS PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE OPUS PARTIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS BETA AGREEMENT OR YOUR PARTICIPATION IN ANY BETA PROGRAM EXCEED ONE HUNDRED U.S. DOLLARS (US$100).
THE LIMITATIONS IN THIS SECTION 14 ARE IN ADDITION TO, AND ARE NOT LIMITED BY, THE LIMITATIONS OF LIABILITY IN SECTION 18 (LIMITATION OF LIABILITY) OF OUR TERMS OF USE. WHERE THE LIMITATIONS HEREIN ARE NARROWER THAN THOSE IN THE TERMS OF USE, THE NARROWER LIMITATIONS APPLY TO YOUR PARTICIPATION IN THE BETA PROGRAM.
15. Term and Termination
15.1 Term
This Beta Agreement begins on the date you accept it (or first access a Beta Program, if earlier) and continues until terminated in accordance with this Section 15 or until the relevant Beta Program transitions to general availability under Section 16 (Transition to General Availability).
15.2 Termination by You
You may terminate this Beta Agreement and withdraw from a Beta Program at any time by:
(a) using any in-product opt-out or unenrollment mechanism that we may make available;
(b) closing your account in accordance with Section 16.1 (Account Closure (Deactivation) by You) of our Terms of Use; or
(c) sending written notice of withdrawal to beta@opuswithin.com.
Following your termination of this Beta Agreement, your access to the Beta Services will cease.
15.3 Termination by Opus
We may terminate this Beta Agreement, your participation in any Beta Program, the Beta Program itself, or any Beta Service, at any time, with or without cause, and with or without notice, in our sole discretion. We will use commercially reasonable efforts to provide notice where practicable.
15.4 Effect of Termination
Upon termination of this Beta Agreement or your participation in any Beta Program for any reason:
(a) your right to access the Beta Services will immediately cease;
(b) the disposition of your User Content, account information, and personalization data will be governed by our Privacy Policy and applicable law, including (where applicable) the lifecycle described in Section 9 (Data Retention and Account Lifecycle) of the Privacy Policy;
(c) we are not obligated to migrate, preserve, or restore any data associated with your participation, except as required by applicable law; and
(d) any provisions of this Beta Agreement that by their nature should survive termination will survive, including without limitation Section 4 (No Promises Regarding Future Features), Section 10 (Confidentiality), Section 11 (Feedback), Section 12 (No Reverse Engineering or Competitive Use), Section 13 (Disclaimer of Warranties), Section 14 (Limitation of Liability), Section 15.4 (Effect of Termination), and Section 17 (General Provisions).
16. Transition to General Availability
16.1 Possible Transitions
A Beta Program may, at our sole discretion, (a) be discontinued without successor, (b) be replaced by a different Beta Program, (c) be transitioned in whole or in part to a generally-available release of the Services, (d) be made available only to certain categories of Users (including paid Users only), or (e) take any other path we determine appropriate.
16.2 Effect on Beta Participants
If a Beta Program transitions to general availability:
(a) we will provide you with reasonable advance notice of the transition;
(b) your continued use of the Services following the transition will be governed by our Terms of Use, Privacy Policy, and the other Standard Agreements then in effect, and not by this Beta Agreement (which will sunset with respect to the transitioned Beta Program);
(c) where the generally-available Services include paid features that were previously available to you free of charge in the Beta Program, we will give you reasonable advance notice of the transition to a paid model and an opportunity to elect whether to subscribe; you will not be charged for any paid feature unless you affirmatively elect to purchase or subscribe to that paid feature in accordance with Section 5 (Subscription Plans and Payment Terms) of our Terms of Use;
(d) where features available to you in the Beta Program are not included in the generally-available release, those features may cease to be available to you upon transition; and
(e) we may, in our sole discretion, offer Beta Participants additional benefits in connection with the transition (such as extended free access to paid features, founder credits, or modest tokens of appreciation), but we are not obligated to do so.
16.3 No Vested Rights
Nothing in your participation in a Beta Program creates a vested right to any feature, benefit, pricing, or treatment in any subsequent Beta Program or generally-available release of the Services.
17. General Provisions
17.1 Incorporation of Standard Agreements Provisions
The provisions of Section 20 (Dispute Resolution; Binding Arbitration; Class Action Waiver), Section 21 (Governing Law and Venue), Section 22 (Notices), Section 23 (Changes to These Terms), and Section 24 (General Provisions) of our Terms of Use are incorporated into this Beta Agreement by reference and apply to this Beta Agreement and to any Dispute (as defined in our Terms of Use) arising out of or relating to this Beta Agreement, this Beta Program, or your participation therein, as if fully set forth herein.
17.2 Changes to This Beta Agreement
We may modify this Beta Agreement from time to time. The "Last Updated" date at the top of this Beta Agreement indicates when it was last revised. Material changes affecting the rights or obligations of Beta Participants will be communicated as set forth in Section 23 (Changes to These Terms) of our Terms of Use.
Notwithstanding the foregoing, where a Beta Program is fundamentally restructured, terminated, or transitioned in a manner that materially changes the operational nature of the Beta Program (rather than the contractual rights of Beta Participants), we may communicate such changes through Beta Program-specific channels (such as in-product notices, email updates, or beta-specific documentation) without separate amendment of this Beta Agreement.
17.3 Entire Agreement; Order of Precedence
This Beta Agreement, together with the Standard Agreements, constitutes the entire and exclusive understanding and agreement between you and us regarding your participation in any Beta Program. In the event of any conflict, the order of precedence is: (i) any signed written agreement specifically governing a particular Beta Program (if any), (ii) this Beta Agreement, (iii) the Terms of Use, (iv) the Privacy Policy, and (v) the other Standard Agreements.
18. Contact
For questions about this Beta Agreement or your participation in a Beta Program, please contact us at:
My Opus, Inc. Attention: Beta Program Email: beta@opuswithin.com Legal: legal@opuswithin.com Privacy: privacy@opuswithin.com
This Beta Participation Agreement is © My Opus, Inc. All rights reserved.