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Legal / Beta Program Agreement

Beta Program Agreement

Version 26.08b

1. Overview

  1. This Beta Program Agreement (the “Agreement”) governs your access to and use of the beta release of the CyberIllumination™ platform (the “Beta Service”) provided by Continuous Compliance, LLC, a Maryland limited liability company (the “Company”).
  2. BY ACCEPTING THIS AGREEMENT, AS EVIDENCED BY (i) SIGNING AND RETURNING A COPY OF THIS AGREEMENT, (ii) CLICKING A BOX INDICATING ACCEPTANCE, OR (iii) ACCESSING OR USING THE BETA SERVICE, YOU AGREE TO THE TERMS OF THIS AGREEMENT.
  3. YOU ARE ACCEPTING THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY. FOR THE PURPOSES OF THIS AGREEMENT, THE TERM “PARTICIPANT” SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND PARTICIPANT TO THESE TERMS. IF YOU DO NOT HAVE SUCH AUTHORITY, OR DO NOT AGREE WITH THESE TERMS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE BETA SERVICE.
  4. Our Terms of Use and Privacy Policy also apply to your use of the Beta Service and are incorporated by reference. Capitalized terms not defined herein have the meanings given on the Defined Terms page. Upon general availability of the CyberIllumination™ platform, the Subscription Agreement will govern any continued, paid use of the Services.

2. The Beta Program

  1. Access. Subject to this Agreement, the Company grants Participant a limited, non-exclusive, non-transferable, revocable right to access and use the Beta Service during the Beta Period solely for Participant’s internal evaluation and business use.
  2. Beta Period. The “Beta Period” begins when Participant is granted access to the Beta Service and continues until the earlier of: (i) the general availability of the CyberIllumination™ platform; (ii) termination by either party under Section 8; or (iii) a date communicated by the Company in writing.
  3. Fees. Access to the Beta Service is provided free of charge during the Beta Period unless otherwise agreed in a separate written order. Recording your own compliance status, sharing that status with any prime contractor that requests it, and monitoring up to three (3) subcontractors are free, permanently and by design, during the Beta Period and after it. No payment method is required to participate in the beta program, and no charge will be made without Participant first electing a paid Subscription.
  4. Beta Invitation Limit; Queued Subcontractors. During the Beta Period, each Participant may issue invitations to no more than three (3) subcontractors, matching the Included Monitoring Allowance. Participant may register and map any number of subcontractors in its supply chain during the Beta Period; those beyond the first three are held in a queued state and are not contacted. Upon the conclusion of the Beta Period, invitations will be issued to Participant’s remaining registered subcontractors, and Participant’s monitoring of those subcontractors will require monitoring capacity purchased under the Subscription Agreement. The Company will notify Participant before queued invitations are released.
  5. Transition to a paid Subscription. At or before the end of the Beta Period, Participant may elect a paid Subscription under the Subscription Agreement, at the rates published on the Company’s pricing page at that time. Any such Subscription is entered into affirmatively by Participant; participation in the beta program does not convert into, and will not be automatically renewed as, a paid Subscription.
  6. Nature of Beta. The Beta Service is a pre-release offering. It may contain errors, may be changed or discontinued at any time, and may include features that are never made generally available. Participant’s participation is voluntary, and Participant’s decisions to purchase any future service are not contingent on the delivery of any future functionality or features.

3. Participant Responsibilities

  1. Participant will: (a) supply all equipment and connectivity necessary to access the Beta Service; (b) be responsible for its Users’ compliance with this Agreement; (c) be responsible for the accuracy, quality, and legality of Participant Data and the means by which it was acquired; (d) use commercially reasonable efforts to prevent unauthorized access to or use of the Beta Service, and notify the Company promptly of any such unauthorized access or use; (e) ensure all Users maintain properly configured multifactor authentication; and (f) use the Beta Service only in accordance with this Agreement, the Acceptable Use Policy, and applicable laws and regulations.
  2. Participant will not use the Beta Service to store or process classified information. Participant is responsible for ensuring information submitted to the Beta Service meets this requirement.
  3. Participant will not: sell, resell, license, or distribute the Beta Service; use it to store or transmit malicious code or infringing or unlawful material; interfere with or disrupt its integrity or performance; attempt to gain unauthorized access to it; reverse engineer, disassemble, or decompile it; or access it to build a competitive product or service or for benchmarking or competitive purposes.

4. Feedback

  1. The purpose of the beta program is to improve the CyberIllumination™ platform. Participant grants the Company and its Affiliates a worldwide, perpetual, irrevocable, royalty-free license to use, distribute, disclose, and make and incorporate into its services any suggestion, enhancement request, recommendation, correction, or other feedback provided by Participant or its Users relating to the Beta Service.
  2. The Company may reasonably request Participant’s participation in feedback sessions during the Beta Period. Participation in any individual session is voluntary.

5. Participant Data

  1. Ownership. As between the parties, Participant retains all right, title, and interest in and to data submitted to the Beta Service by or on behalf of Participant (“Participant Data”). Participant grants the Company a worldwide, limited-term license to host, copy, use, transmit, and display Participant Data as appropriate for the Company to provide and ensure proper operation of the Beta Service.
  2. Protection. The Company will maintain appropriate administrative, physical, and technical safeguards to protect the security, confidentiality, and integrity of Participant Data, as described on our Security page. The Beta Service is FedRAMP High Authorized (Class D) and is hosted in AWS GovCloud.
  3. Sharing controls. Participant controls which other organizations may view Participant Data and for how long. Every view of shared Participant Data is written to an access log.
  4. Continuity at general availability. If Participant enters into a Subscription Agreement at or before the end of the Beta Period, Participant Data will carry forward into the generally available service. IF PARTICIPANT DOES NOT ENTER INTO A SUBSCRIPTION AGREEMENT, PARTICIPANT DATA WILL BE HANDLED IN ACCORDANCE WITH THE DATA RETENTION POLICY, AND PARTICIPANT IS RESPONSIBLE FOR EXPORTING PARTICIPANT DATA BEFORE THE END OF THE BETA PERIOD.
  5. Aggregated data. Participant Data may be anonymized and aggregated as described in the Terms of Use, provided such anonymization is not presented in such a way that interpretation would reveal Participant as the source or subject thereof.

6. Confidentiality

  1. The Beta Service, its features, functionality, performance characteristics, documentation, roadmaps, and pricing discussions are the Confidential Information of the Company. Participant Data is the Confidential Information of Participant.
  2. Each party will use the same degree of care that it uses to protect its own confidential information of like kind (but not less than reasonable care) to: (a) not use the other party’s Confidential Information for any purpose outside the scope of this Agreement; and (b) limit access to those employees and contractors who need that access and who are bound by confidentiality obligations not materially less protective than those herein.
  3. Participant will not publicly disclose its participation in the beta program, or publish reviews, screenshots, or performance information about the Beta Service, without the Company’s prior written consent.
  4. A party may disclose the other party’s Confidential Information to the extent compelled by law, provided it gives prior notice (to the extent legally permitted) and reasonable assistance if the other party wishes to contest the disclosure.

7. Disclaimers and Limitation of Liability

  1. THE BETA SERVICE IS PROVIDED “AS IS” AND AS AVAILABLE, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. THE COMPANY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. WITHOUT LIMITING THE FOREGOING, THE COMPANY DOES NOT REPRESENT OR WARRANT THAT: (i) PARTICIPANT’S USE OF THE BETA SERVICE WILL MEET PARTICIPANT’S REQUIREMENTS; (ii) USE OF THE BETA SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE FROM ERROR; OR (iii) DATA PROVIDED THROUGH THE BETA SERVICE WILL BE ACCURATE.
  2. THE COMPANY SHALL HAVE NO INDEMNIFICATION OBLIGATIONS NOR LIABILITY OF ANY TYPE WITH RESPECT TO THE BETA SERVICE UNLESS SUCH EXCLUSION OF LIABILITY IS NOT ENFORCEABLE UNDER APPLICABLE LAW, IN WHICH CASE THE COMPANY’S AGGREGATE LIABILITY WITH RESPECT TO THE BETA SERVICE SHALL NOT EXCEED $10.00.
  3. NOTWITHSTANDING SECTION 7.2, THE COMPANY’S OBLIGATIONS UNDER SECTIONS 5.2 (PROTECTION) AND 6 (CONFIDENTIALITY) SHALL CONTINUE TO APPLY DURING THE BETA PERIOD.
  4. PARTICIPANT SHALL BE FULLY LIABLE UNDER THIS AGREEMENT TO THE COMPANY AND ITS AFFILIATES FOR ANY DAMAGES ARISING OUT OF PARTICIPANT’S USE OF THE BETA SERVICE, ANY BREACH BY PARTICIPANT OF THIS AGREEMENT, AND ANY OF PARTICIPANT’S INDEMNIFICATION OBLIGATIONS UNDER THE TERMS OF USE.

8. Term and Termination

  1. Either party may terminate this Agreement at any time, for any or no reason, upon written notice (email acceptable) to the other party. The Company may suspend or terminate Participant’s access to the Beta Service, or any part thereof, at any time and without advance notice.
  2. Upon termination or expiration of the Beta Period, Participant’s access to the Beta Service will cease. The Company will provide Participant a reasonable opportunity to export Participant Data, after which Participant Data will be handled in accordance with the Data Retention Policy.
  3. Sections 4 (Feedback), 5.1 (Ownership), 6 (Confidentiality), 7 (Disclaimers and Limitation of Liability), and 9 (General Provisions) survive any termination or expiration of this Agreement.

9. General Provisions

  1. Governing law and venue. This Agreement shall be construed and enforced in accordance with the laws of the State of Maryland, without regard to its conflict of laws principles. The exclusive venue for any legal proceeding shall be the state and federal courts located in Baltimore City, Maryland.
  2. Export compliance. The Beta Service may be subject to export laws and regulations of the United States and other jurisdictions. Each party represents that it is not on any U.S. government denied-party list.
  3. Relationship. The parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship.
  4. Assignment. Neither party may assign this Agreement without the other party’s prior written consent (not to be unreasonably withheld), except in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.
  5. Entire agreement. This Agreement, together with the documents it incorporates by reference, is the entire agreement between the parties regarding the Beta Service and supersedes all prior and contemporaneous agreements, proposals, or representations concerning its subject matter.
  6. Notices. Legal notices to the Company must be sent to ATTN: Legal Department, Continuous Compliance, LLC, 915 South Ann Street, Baltimore, MD 21231 USA, or legal@cyberillumination.us.
  7. Severability; waiver. If any provision of this Agreement is held unenforceable, it will be deemed null and void and the remaining provisions will remain in effect. No failure or delay by either party in exercising any right will constitute a waiver of that right.

Version

Version 26.08b

Change Log:
26.08b – 09-AUG-2026 – Section 2.3 restated to match the published free services and to confirm no payment method is required during the beta. New Section 2.4 added covering the three-invitation beta limit, unlimited registration, and release of queued invitations at the end of the Beta Period. New Section 2.5 added covering an affirmative, non-automatic transition to a paid Subscription at published rates.
26.08a – 04-AUG-2026 – Initial publication.