Homepage Navigation Beta terms of use

1. Background

These Terms are between you and Xero Limited (us, we, our). You are deemed to have agreed to these Terms on behalf of any Xero user from your firm or entity for whom you are participating in the closed Navigation and Homepage Beta (Beta).

Xero’s Terms of Use and Privacy Notice also apply to the Beta, except to the extent of any inconsistency with these Terms, in which case these Terms will take precedence with respect to the Beta Trial. The Beta Trial will continue unless we notify you otherwise.

2. Participation in the Beta

Participation in the Beta is limited to 7000 eligible organisations. As a subscriber, you can register up to three organisations that meet the Beta eligibility criteria. Xero has the right to accept or reject applications to be a participant in the Beta at its sole discretion. To participate in the Beta Program or gain access to our Confidential information, you must be at least 18 years of age, and you must not be a director, officer, employee or a 5% or more shareholder of any business that competes with the Xero business. Your participation in the Beta is at our sole discretion.

You don’t have to pay Xero anything for participating in the Beta (beyond what you already pay for your Xero subscription).

You’re not entitled to any payment or reimbursement of any kind from Xero under any circumstances, for your participation in the Beta or in relation to your Feedback (defined below).

We may, at our discretion, vary the duration of, or discontinue the Beta (Beta Term), or vary the scope of the Beta. We will notify you if this occurs.

Subscribers can opt out of the Beta at any time, but will not be able to re-join.

3. Nature of the Product

We have redesigned the features and functionality on the Xero homepage (previously known as the Xero Dashboard) and navigation (Product). We may provide you with access to an unfinished “in development” Product to access or use in connection with the Beta.

We do not warrant that the Product will meet any particular requirements or be fit for any particular purpose, and we may remove your access to the Product at any time. The Product may not operate correctly and we might make significant changes before we release it commercially, or we might withdraw it. You accept all of the risks associated with using the Product and indemnify us against any liability or loss we incur arising in connection with your use.

Once your selected Xero Subscription is a part of the Beta the new Xero homepage and navigation design will apply to the Subscriber and all Invited Users in your Xero Subscription.

4. Your obligations

By participating in the Beta, you agree to:

• be contacted by Xero about the Beta Trial and to provide written or oral feedback and responses to questions asked by Xero from time to time regarding the Product, including the details of any problems you experience, ideas you may have for enhancements, and any other information you think may be relevant (Feedback);
• use the Product only in the way we requested you to, and not for any other purpose or use;
• comply with any additional technical requirements we may request for the Product to operate fully; and
• be responsible for the accuracy, quality and legality of any data that you transmit via the Product.

5. Feedback

We grant you a non-exclusive, non-transferable, non-sublicensable, and revocable licence to use and test the Product or any other material we may provide you under the Beta for the duration of the Beta Term so that you can provide us with your Feedback. You must ensure that the Feedback does not contain any confidential or proprietary information belonging to any other person.

We will own all rights in and to the Feedback, but we’ll only use it to improve and market the Product, develop new services or amend existing services. We may publicly publish quotes or testimonials included as part of your Feedback. If we collect your Feedback as part of an interview, your interview (including your screen) will be recorded. We own all rights in and to this recording, but we’ll only ever use it to help us collect your Feedback. We’ll also delete this recording when it is no longer needed for the purposes of your Feedback.

6. Confidentiality

As part of your participation in the Beta, 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, details of the Beta, the Product, your Feedback and financial information) (Confidential Information). Your Feedback is also Confidential Information.

You can use Confidential Information only for the purpose of trialling the Product under these Terms, and keep it secret and take all reasonable steps to protect it from unauthorised disclosure on an ongoing basis. You are not allowed to disclose any Confidential Information to any person, except:

(a) with your directors, officers or agents only if they have a reasonable need to know that information for the purposes of the Beta;

(b)with the prior consent of Xero;

(c) if the Confidential Information is generally and publicly available other than as a result of a breach of confidence by you; or

(d) when compelled to do so by law or by any order of any court of competent jurisdiction, or any competent judicial, governmental or regulatory body, subject to providing reasonable notice to Xero, unless a court orders that Xero cannot be given such notice.

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; and

(c) you will not make any public comment about the Product, the Beta or these Terms, including on social media, or refer to the Product or the Beta in any marketing materials, demonstrations or promotional services.

7. Data

Personal data that relates to you or your use of the Product will be managed in accordance with our Privacy Notice. Personal data that relates to others and that we process on your behalf will be managed in accordance with our Terms of Use.

By using the Product, you authorise Xero to process any data, including personal data relating to you or other individuals, to the extent necessary to understand and manage your use of the Product. You agree that Xero may share your data with third parties. This sharing is essential for the functionality of the Product. We reserve the right to change third-party providers at any time without prior notice to you except where we have otherwise agreed.

You acknowledge that you are responsible for making sure you have any necessary permissions where you are using the service to send any communications to another party.

During the Beta, we may collect data related to your use of the Product, including usage metrics (Beta Data). The Beta Data, as well as your Feedback, will be used to improve the Product and for internal analysis.

8. Other Important Stuff

We may choose to subcontract any of our rights or obligations under this Agreement (including the performance of any part of the Beta Trial ) to a third party.

We reserve the right to change these Terms at any time. If the change is material, then it will be effective upon us communicating those changes to you via email or by posting a visible notice through our service. If the change isn’t material, we may not notify you.

Neither you nor we will be liable for any indirect or consequential loss in connection with the Beta Trial. Other than liability that we can’t exclude by law, our liability in connection with the Beta Trial is limited to NZ$100.

The confidentiality obligations and any other terms in this Agreement that are intended to survive the conclusion of this Beta Trial (or your withdrawal from the Beta Trial) will continue to apply beyond the Beta’s Trial’s conclusion and/or your participation in the Beta Trial.

We may end the Beta Trial or your participation in the Beta Trial at any time.

For assistance during the Beta Trial, please access designated help resources, such as Xero Central articles and other guidance materials, through links within the Product (for example, via the 'Beta' indicator on the new homepage or in the footer) and engage with any community forum Xero provides for this Beta Trial.

These Terms are governed by the laws of New Zealand and each party submits to the exclusive jurisdiction of the New Zealand courts.