BETA TEST AGREEMENT

This Beta Test Agreement (this “Agreement”) is between Zugunruhe Labs, LLC, a Colorado limited liability company (“Zugunruhe Labs”, “we”, “us”), and you, the individual who accepts it. You accept it when you apply to the Beta Program. It takes effect only if we admit you, and on the date we do. The date you accepted it, and the version you accepted, are recorded at the end of this document.

You have been invited to take part in the closed beta program for MotoScore (the “Beta Program”). This Agreement sets out the terms of that participation. It sits alongside the MotoScore Terms of Use and Privacy Policy, which continue to apply; where this Agreement is silent, those documents govern.

1. The Beta Program

1.1. What It Is.

MotoScore is pre-release software. The Beta Program gives you access to it before general availability, in exchange for your use of it and your honest reaction to it. Features will change, break, and in some cases be removed.

1.2. What We Are Asking of You.

During the Beta Program we ask that you:

(a) use MotoScore to plan routes you would actually ride;

(b) rate routes you have ridden, honestly, including when the assessment was wrong;

(c) tell us when something is broken, confusing or missing; and

(d) rate ten (10) routes. This is the one item in this Section that is a requirement rather than a request. Rating ten routes is what completing the Beta Program means, and it is the condition for the reward in Section 3. The following apply to it:

(i) A route counts when you submit a rating for it through the Service and we receive it. Ratings submitted before we admit you to the Beta Program do not count. Ratings submitted after your participation ends do not count.

(ii) The ten must be ten different routes. Two rides are the same route if they cover substantially the same roads; riding the same road in the other direction, or as part of a longer ride, does not make it a different route.

(iii) We may decline to count a rating that is not a genuine assessment of a route you rode, or that repeats a route you have already rated. If we decline one, we will tell you, and you may rate another route in its place. We will not decline a rating because we disagree with it: a rating telling us our assessment was wrong counts exactly as much as one telling us it was right.

(iv) We keep the count. We will tell you how many of the ten you have reached whenever you ask, and we will tell you when you have reached ten. Once you have, the reward is earned and does not depend on anything you do afterwards, subject only to Section 3.2.

(v) If we are going to end the Beta Program before you have rated ten routes, we will give you at least thirty (30) days’ notice first, and anything you rate in that period counts. If we end it without giving you that notice, and you have rated at least one route and have neither left the program nor had your participation ended under Section 7.2, you are treated as having completed it.

1.3. No Obligation Either Way.

You are not employed by us, you are not our agent or partner, and nothing here creates any of those relationships. You are not paid for taking part, except for the reward described in Section 3. You may stop at any time.

2. Confidentiality

2.1. What Is Confidential.

While you are in the Beta Program you will see things the public has not. Confidential information means any non-public information about MotoScore that we give you or that you observe through your participation, including:

(a) unreleased features, interfaces and designs;

(b) how the service behaves, including its assessments and anything you can infer about how they are produced;

(c) our plans, timelines and pricing before we announce them; and

(d) defects, outages and anything else that is plainly not meant to be public yet.

2.2. What You Agree To.

(a) Do not publish, post or share confidential information, including screenshots, recordings or descriptions of unreleased features.

(b) Do not show MotoScore to anyone outside the Beta Program, other than someone riding with you who is with you at the time.

(c) Take reasonable care of anything we give you, including any credentials.

2.3. What Is Not Confidential.

This Section does not apply to information that:

(a) is or becomes public through no fault of yours;

(b) you already knew without an obligation of confidence;

(c) you develop independently without using anything we gave you; or

(d) you are required to disclose by law or by a court, provided you tell us first if you are allowed to.

2.4. How Long It Lasts.

Your obligation as to any particular information continues until that information becomes public through no fault of yours, or for two (2) years after this Agreement ends, whichever happens first.

2.5. Talking About MotoScore Generally.

Nothing here stops you saying that you are testing MotoScore, or describing it in the terms we have made public. If you are unsure whether something is public yet, ask us.

3. The Reward

3.1. What You Receive.

(a) If you complete the Beta Program as described in Section 1.2(d), you receive three (3) years of access to our paid tier at no charge.

(b) That three-year period begins on the date we first make paid tiers generally available — not on the date you were admitted and not on the date you completed the program. If paid tiers never launch, there is nothing to start and nothing is owed.

(c) The access is personal to you. It cannot be transferred, sold or shared, and it does not survive the closure of your account.

3.2. What Would End It.

(a) If we cease to offer MotoScore, or cease to offer a paid tier, the reward ends with it. This is a commitment to give you access to a service we operate; it is not a commitment to operate the service for three years.

(b) The reward ends if your account is terminated for breach of the Terms of Use.

(c) Leaving the Beta Program before completing it means the reward is not earned. We may still grant it, and will say so if we do.

4. Your Feedback

4.1. What We May Do With It.

You may tell us anything, including that we got something wrong. Whatever you tell us — ratings, written comments, bug reports, suggestions — we may use to operate and improve MotoScore, without obligation or payment to you, and without needing to credit you.

4.2. Keep It To Yourself Where It Matters.

Do not send us anything you consider confidential, anything belonging to someone else, or anything you are not free to give us.

4.3. Your Name.

We will not use your name, image or words in marketing without asking you separately and getting your agreement in writing. Taking part in the Beta Program is not that agreement.

5. Riding

5.1. Pre-Release Software.

MotoScore is provided to you during the Beta Program as is, without warranty of any kind. Sections 11 and 12 of the Terms of Use apply, and apply with particular force to pre-release software.

6. Your Information

What we collect from you, and what we do with it, is described in the MotoScore Privacy Policy. Taking part in the Beta Program does not change it. Your beta application, your acceptance of this Agreement and anything you tell us during the program are covered by that policy in the same way as anything else.

7. Term and Ending

7.1. Term.

This Agreement begins when we admit you to the Beta Program and continues until the Beta Program ends or until either of us ends it.

7.2. Ending It.

You may leave the Beta Program at any time by telling us. We may end your participation at any time, and will tell you if we do. Section 3.2(c) covers what that means for the reward.

7.3. What Survives.

Sections 2 (for the period in Section 2.4), 3, 4, 5 and 8 survive the end of this Agreement.

8. General

8.1. Governing Law.

This Agreement is governed by the laws of the State of Colorado, without regard to conflict of laws principles. The courts located in or having jurisdiction over Larimer County, Colorado are the exclusive venue for any dispute arising from it.

8.2. The Whole Agreement.

This Agreement, together with the Terms of Use, the Privacy Policy and, for Wave 1 participants, the Wave 1 Founders Award Official Rules, is the entire agreement between us about the Beta Program.

8.3. Changes.

Any change to this Agreement must be in writing and agreed by both of us. A revised version we publish later does not change the version you accepted; it applies only to participants who accept it.

8.4. If Part of It Fails.

If any provision is held unenforceable, the rest continues and that provision is narrowed to the minimum extent needed to make it enforceable.

8.5. How You Accept This Agreement.

(a) You accept this Agreement when you apply to the Beta Program. On the application form you open this Agreement, read it, and check the box labeled “I have read the MotoScore Beta Test Agreement and I agree to it.” You cannot submit your application without checking it. Checking it has the same effect as signing this Agreement.

(b) We record the date and time of your acceptance, the version of this Agreement you accepted, the name you gave on your application and the email address on the account you applied with, your account identifier and your IP address at that moment. We keep that record even if you later delete your account, because it is the evidence that this Agreement was made. Our Privacy Policy says how long we keep it.

(c) We send you a copy of the version you accepted, by email, at the time you accept it. Keep it. You may ask us for another copy at any time.

(d) This Agreement takes effect only if we admit you to the Beta Program. We decide who to admit and we may decline any application. If we decline yours, or do not act on it, this Agreement never takes effect and neither of us is bound by it. We still keep the record described in (b).

(e) Once we admit you, we are bound by this Agreement from that moment. Our offering it to you on these terms is our side of it; no separate signature by us is required.