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SyncShift Beta – Terms of Participation

Thank you for taking part in the SyncShift beta. SyncShift is DataSpark’s data replication product, and this beta gives you early access while we finalise it for production. By joining the beta, you agree to the terms below. These terms apply to the beta only; a separate trial and separate terms will follow once SyncShift moves to production.

1. The beta

1.1 The beta runs for approximately six weeks. DataSpark may extend, shorten, pause or end the beta at any time, and may add, change or remove features during the beta without notice.

1.2 Access is provided free of charge for the duration of the beta.

1.3 After the beta, SyncShift moves to a production release. Continued use after that point is governed by separate terms (including a two-week trial), not by these beta terms.

2. Test data and real data

2.1 We strongly encourage you to test SyncShift using sample or test data, for example a demo Exact Online or HubSpot company, rather than production data. The beta is the right place to discover issues, and test data keeps your real records out of harm’s way.

2.2 You may connect real (production) data if you choose to. If you do, you do so at your own risk. You are responsible for ensuring you are entitled to connect that data and for keeping your own backups.

2.3 Where you connect data that contains personal data, DataSpark processes it as your processor under our standard data processing agreement (verwerkersovereenkomst, Data Pro Statement v6.01), which applies in full alongside these terms. In case of any conflict on data protection matters, the data processing agreement prevails.

3. Confidentiality

3.1 During the beta you will see software, features and information that are not yet public. Please keep these to yourself: do not publish, post, screenshot, livestream, benchmark or otherwise share non-public features, screens or performance of SyncShift outside your organisation.

3.2 You may share access and information internally with colleagues, and with advisors who are bound by confidentiality, where they need it to evaluate SyncShift. You remain responsible for their compliance with these terms.

3.3 These restrictions do not apply to information that is already public through no fault of yours, that you already had without a confidentiality obligation, or that you are required to disclose by law.

3.4 You are of course free to tell others that you are taking part in the SyncShift beta and to share your general opinion of it. What we ask you not to share externally is the non-public detail: unreleased features, internal screens, and specific bugs or issues you encounter.

4. Feedback

4.1 Your feedback is the point of the beta, and we’d love to hear it: bugs, rough edges, missing features, anything.

4.2 Any feedback, suggestions or ideas you share about SyncShift may be used by DataSpark freely and without restriction or compensation, and you assign to DataSpark all rights in that feedback. This does not give DataSpark any rights to your data or your confidential information.

5. Feedback session

5.1 After about two weeks, we’ll invite you to a 30-minute feedback session to hear how it’s going. The session is optional and you’re free to decline, but we’d very much appreciate your taking part; it’s one of the most valuable parts of the beta for us.

6. No warranty

6.1 SyncShift is provided “as is” and “as available” during the beta. It is pre-release software that may contain bugs, may be incomplete, and may behave unexpectedly. We give no warranties of any kind, and no service levels, uptime or support guarantees apply.

6.2 Do not rely on the beta for any business-critical process.

7. Liability

7.1 DataSpark’s liability in connection with the beta is governed by and limited in accordance with the NLdigital Terms (NLdigital Voorwaarden) and, for the processing of personal data, the data processing agreement referred to in section 2.3.

7.2 To the extent permitted by those terms and by law, DataSpark is not liable for any loss arising from your use of the beta, including loss of or damage to data. Mandatory legal rights are unaffected.

8. Ending participation

8.1 You may stop participating at any time. DataSpark may end your participation at any time, for any reason. On termination of the beta or your participation, your access ends and sections 3, 4 and 7 continue to apply.

9. General

9.1 These terms are governed by Dutch law. They sit alongside the NLdigital Terms and the data processing agreement; where those documents apply, they continue to apply.

9.2 By accepting these terms (including during sign-up), you confirm that you are authorised to enter into them on behalf of your organisation and to bind it to these terms, the NLdigital Terms and the data processing agreement.