BMO Xero Beta Trials Terms and Conditions
1. Background
These terms and conditions (Terms) are intended to explain your participation in any trial of new Xero products or product features, services or technology, as set out in Schedule A of these Terms and Conditions, (each a Beta Trial) between you and Xero Software (Canada) Ltd. (referred to as “Xero”, “we”, “our” or “us”). Please read them carefully.
A Beta Trial may include new products or product features that are in early stage development, or early release of new products or product features that are almost ready for commercial release. Details of each Beta Trial of new products or product features will be provided to you at the time you are invited to participate in a Beta Trial.
Xero reserves the right to change these Terms (including any schedules) at any time, effective upon us communicating those changes to you via email.
2. Access to Beta Technology
You may be invited by Xero to take part in one (1) or more Beta Trial(s). These terms apply individually for each Beta Trial you take part in. Any invitation to participate in a Beta Trial will be sent via email or other electronic message from a Xero team member. In consideration of your participation in a Beta Trial, we will provide you with access to technology which is still in its testing phase, details of which are contained in Schedule A of these Terms and Conditions (the Beta Technology). Unless we tell you otherwise, access will be provided for up to three (3) months (the Testing Period). These Terms are binding on the use of any Beta Technology and apply to you from the time that Xero provides you with access to any Beta Technology.
3. Commercial Arrangements
You will not have to pay any amount to us for participating in a Beta Trial. However, if the Beta Technology moves out of beta phase and is released commercially, you may be required to pay for use of the final commercial product.
4. Your Obligations
By participating in a Beta Trial, you agree to:
a) use any Beta Technology only in the way requested by Xero and not for any other purpose or use;
b) comply with any additional technical requirements that may be requested by Xero in order for the Beta Technology to operate fully;
c) provide written or oral feedback and responses to questions asked by Xero from time to time regarding any Beta Technology (Feedback); and
d) be responsible for the accuracy, quality and legality of any data that you transmit via any Beta Technology.
5. The Beta Technology
You acknowledge and agree that:
a) any Beta Technology is a beta release offering and is not at the level of performance of a commercially available product offering; and
b) any Beta Technology might not operate correctly and might be substantially modified during the Testing Period or prior to first commercial release, or at Xero’s option might not be released commercially in the future.
6. No Warranties
To the maximum extent permitted by law, Xero gives no warranty about any Beta Technology. Without limiting the previous sentence, the Beta Technology is provided “as is” and Xero does not warrant that any Beta Technology will meet your requirements or be suitable for any particular purpose.
7. Liability
Xero’s maximum cumulative liability for any loss, liability, claim, damage, cost or expense, or cause of action including for negligence arising in connection with these Terms or your use of any Beta Technology, is limited to NZD $1,000.00. Xero will not be liable for any indirect, special, incidental or consequential damages of any kind (regardless of the form of action, whether in contract, tort, or otherwise), even if it has been advised of the possibility of such damages.
8. Confidentiality
As part of your participation in a Beta Trial, Xero might provide information to you which is confidential. This includes all information provided by Xero to you that is marked or otherwise identified as “confidential” (whether orally or in writing) or that you should reasonably understand to be confidential in the circumstances (including, but not limited to, data, intellectual or other properties, products and services, business, operations, strategies, information regarding technology, know-how, processes, software programs, research, development and financial information) (Confidential Information).
You can use Confidential Information only for the purpose of trialling any Beta Technology under these Terms. You are not allowed to disclose any Confidential Information to any person, except:
a) with the prior consent of Xero; or
b) if the Confidential Information is generally and publicly available other than as a result of a breach of confidence by you.
You agree that:
a) nothing contained in these Terms will be construed as granting ownership rights to you in relation to any Confidential Information disclosed under these Terms;
b) if requested by Xero, you will return or destroy any Confidential Information disclosed under these Terms;
c) you will not make any public comment about any Beta Technology or these Terms, including on social media; and
d) Xero is under no obligation of confidentiality with respect to the Feedback and is entitled to use or disclose such Feedback for any purpose.
9) Intellectual Property Rights
Xero retains ownership of intellectual property rights in any Beta Technology, any website of Xero, and all documentation and materials relating to any Beta Technology. You hereby assign all rights, title and interest in and to the Feedback to Xero.
10. General
You acknowledge and agree that all access to Xero’s services (including any Beta Technology) will be subject to the Xero Terms of Use and Privacy Notice, as amended and updated from time to time by Xero in its absolute discretion.
These Terms are governed by the laws of Ontario, Canada.
By checking the acceptance box and in consideration for your participation in the Beta Trial and use of the Beta Technology, you agree to these Terms.
Xero Terms of UseSCHEDULE A - Beta Technology
This Schedule sets out the technical details of the Xero products, products features, services or technology that you will have access to during your participation in the Beta Trial:
• Direct connection between Xero and your BMO Online Banking for Business account.