Product Testing Terms

Thank you for your interest in being a beta tester for The Swag Group's products! Your feedback will help us refine our offerings and create the best possible user experience for you. These Product Testing Terms and Conditions (the “Terms”) govern your access, download, and use of the software and services (collectively, “Products”) provided by The Swag Group, LLC (“Company,” “us,” “we,” or “our”) to you (“User” or “you”).

You agree that by accessing, downloading, or using the Products in any way, including, without limitation, evaluating, downloading, purchasing, and/or using any of the services offered through the Products or any third-party services you may interact with, you expressly acknowledge that you have read and agree to be bound by all of these Terms and the Important Notice, which is hereby incorporated by reference. Each Product may also be governed by supplemental terms and conditions, including without limitation the Core Terms of Use and other terms posted on the swagtoken.org website from time to time, all of which are expressly incorporated herein by reference. IF YOU DO NOT AGREE WITH THESE TERMS, YOU ARE EXPRESSLY PROHIBITED FROM USING THE PRODUCTS AND MUST DISCONTINUE USE IMMEDIATELY.

The Products are intended for users who are at least 18 years old. Persons under this age are not permitted to download, access, or use the Products. If you breach any of the Terms, your authorization to use the Products will automatically terminate, and any content downloaded from the Products, whether authorized or unauthorized, must be immediately destroyed. We reserve the right to pursue any additional remedies available in law or equity.

Please refer to our Privacy Policy for information about how we collect, use, share, and otherwise process information about you.

Your Responsibility

Our Products are self-custodial in nature. You are solely responsible for safeguarding, retaining, and securing your seed phrase, private keys, and password. If you lose your seed phrase, private keys, or password, you will not be able to access your digital assets, and no one will be able to assist you in recovering any lost seed phrase, private keys, or password.

No Liability

The Products are in the beta stage of development and may contain errors, bugs, and other issues. They are provided for testing and product improvement purposes only and on a completely as-is and as-available basis, without representation, warranty, or guarantee of any kind. You may experience interruptions, delays, or errors. We make no representation regarding the availability, functionality, or quality of the Products, including any features, hardware, or communications. You agree that your download, access, and use of the Products are entirely at your own risk. Do not use the Products for high-value transactions or commercial purposes. Neither The Swag Group nor its affiliates, including Swag Token LLC, are liable for any loss or damages arising from the Products. You voluntarily assume all risks of loss, malfunction, inability to use, and any other issues or damages that may occur.

Intellectual Property

We and our licensors own all rights, title, and interest in and to the Products (including without limitation any related source code, functionality, software, website designs, information, audio, video, text, photographs, and graphics) and all related technology and intellectual property rights, including the trademarks, copyrights, and patents related to the Products. We grant you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to download and use the Products solely for purposes of beta testing the Products and providing us with feedback. You may not share, distribute, modify, or reverse engineer the Products.

Confidentiality

Anything we or our affiliates provide or communicate to you is our confidential information (“Confidential Information”). This includes the Products, related materials, documentation, product roadmap, features, marketing plans, any communications with you, your participation in the product testing, and anything you learn from your participation. You will protect and preserve the Confidential Information and not use it for any purpose other than testing the Products at our direction. You may not disclose, distribute, or disseminate the Confidential Information to any third party without our prior written consent. You may not share your experience with others.

Accuracy

You represent that all information you provide us is true and accurate.

Feedback

You agree to provide prompt feedback to us regarding your use of the Products when requested. This may include submitting writeups, participating in video calls or interviews, documenting any problems or errors you encounter, providing suggestions for improvement, and responding to surveys provided by us. All submissions, including any questions, answers, comments, suggestions, ideas, recordings, screenshots, or other information regarding the Products (“Feedback”), provided by you to us or recorded by us will become our sole property. We may use, disclose, reproduce, license, distribute, and commercialize your Feedback as we see fit.

No Conflicts

You represent that you are not a member of the press or an employee or representative of any competitor.

Privacy

Please refer to our Privacy Policy for information about how we collect, use, share, and otherwise process information about you.

Specific Performance and Injunctive Relief

You acknowledge that in the event of a breach of these Terms, money damages will not be sufficient to remedy such a breach. Therefore, we will be entitled to injunctive relief and specific enforcement of the Terms without needing to prove actual damages or post a bond.

Governing Law; Jurisdiction and Venue

These Terms and all matters arising directly or indirectly from them will be governed by and construed in accordance with the laws of the State of Nevada, without regard to its conflict of laws principles.

Arbitration

Any dispute arising out of or relating to these Terms shall be finally settled by binding arbitration conducted expeditiously in accordance with the J.A.M.S./Endispute Comprehensive Arbitration Rules and Procedures. The arbitration shall be governed by the United States Arbitration Act, 9 U.S.C. Sections 1-16, and judgment upon the award rendered by the arbitrators may be entered by any court having jurisdiction. The arbitration shall take place in Las Vegas, Nevada.

Entire Agreement

These Terms constitute the entire agreement between the parties with respect to the subject matter and supersede any and all prior agreements and communications, whether written or oral.

No Assignment

You may not assign or transfer these Terms without our prior written consent.

Modification and Waiver

We may modify these Terms at our sole discretion. Failure to enforce any right or provision of these Terms at any time will not be construed as a waiver of such rights.

Severability

If any term or provision of these Terms is deemed invalid or unenforceable, the remaining provisions will remain in effect to the fullest extent permitted by law.