SiteWrite · Beta Addendum · v1.0

Beta Programme Addendum

Version 1.0 · Effective from [INSERT DATE]

This Beta Programme Addendum (the “Addendum”) is entered into between SiteWrite Ltd, a company incorporated in England and Wales with company number 17177709 whose registered office is at 91 Princess Street, Manchester, M1 4HT (the “Supplier”, “we”, “us” or “our”), and the customer who accepts it (the “Customer”, “you” or “your”).

This Addendum supplements and forms part of the SiteWrite Terms of Service (the “Terms”). Capitalised terms used but not defined in this Addendum have the meanings given to them in the Terms. This Addendum applies only during the Beta Period and only to the Beta Service. Where this Addendum conflicts with the Terms in respect of the Beta Service during the Beta Period, this Addendum prevails. In all other respects the Terms continue in full force.

Please read clauses B4 (Provided “as is”), B5 (No availability or data-retention commitment), and B6 (Customer’s own records) carefully. During the Beta Period the warranty at clause 11.1(b) of the Terms does not apply to the Beta Service, and you remain solely responsible for the professional content of every Report and for retaining your own records of survey data.

B1. Definitions

“Beta Period” means the period during which the Supplier makes the Beta Service available to the Customer, beginning when the Customer is first granted access under the beta or founding programme and ending on the earlier of (a) the date the Supplier notifies the Customer that the Service (or the relevant feature) has reached general availability, and (b) the date the Customer’s participation in the beta or founding programme ends.

“Beta Service” means the Service, and any feature, module or functionality within it, made available to the Customer on a pre-release, trial, founding, early-access or beta basis during the Beta Period, whether or not labelled as “beta” within the Service.

B2. Purpose of the beta

The Beta Service is made available so that the Customer can evaluate it under real working conditions and provide feedback to the Supplier. The Customer acknowledges that the Beta Service is under active development, has not completed the Supplier’s full pre-release testing, and is likely to contain defects, incomplete features, and behaviour that changes over the Beta Period.

B3. Professional responsibility is unchanged

For the avoidance of doubt, nothing in the Beta Service alters the allocation of professional responsibility set out in the Terms. Clause 5 (Customer obligations and professional responsibility) and clause 16 (AI-generated Output) of the Terms apply in full during the Beta Period. The Customer remains solely responsible for the accuracy, completeness and professional adequacy of every Report, for the inspection on which it is based, and for the review, editing and approval of all Output before delivery to any client or third party. The pre-release status of the Beta Service does not reduce, qualify or transfer any of the Customer’s professional, regulatory or statutory obligations.

B4. The Beta Service is provided “as is”

B4.1   Notwithstanding clause 11.1(b) of the Terms, the warranty that the Service will perform in all material respects in accordance with the Documentation does not apply to the Beta Service during the Beta Period. The Beta Service is provided on an “as is” and “as available” basis.

B4.2   To the fullest extent permitted by law, and in addition to the exclusions at clause 11.2 of the Terms, the Supplier gives no warranty, condition or representation that the Beta Service will be uninterrupted, timely, secure, error-free, free from data loss or corruption, or fit for use in the preparation of any Report delivered to an end-client. The remedy at clause 11.3 of the Terms does not apply to the Beta Service during the Beta Period.

B5. No availability or data-retention commitment

B5.1   During the Beta Period the Supplier gives no commitment as to uptime, availability, response times, or the retention, integrity or recoverability of Customer Data. Features may be added, changed, suspended or removed at any time, and the Supplier may reset, migrate or reconfigure the Beta Service environment where reasonably necessary for development.

B5.2   The Supplier will continue to apply the security measures described in clause 6.3 of the Terms (including row-level security, encryption in transit, audit logging, and routine backups of the production environment) during the Beta Period. However, the Customer acknowledges that, given the developmental nature of the Beta Service, the Supplier does not warrant that any particular item of Customer Data will be retained or recoverable, and the Customer should not treat the Beta Service as the sole or definitive record of any survey.

B6. Customer’s own records

B6.1   The Customer is responsible for maintaining its own independent records of any survey data, photographs, condition information and Report content that it relies on for professional purposes, and must not rely on the Beta Service as its only copy of that information during the Beta Period.

B6.2   The Customer uses the Beta Service for live, fee-earning surveys at its own risk. Where the Customer chooses to use the Beta Service for a live survey, it does so on the basis that it has satisfied itself as to the suitability of the Beta Service for that purpose and that it retains its own records in accordance with clause B6.1.

B7. Liability during the Beta Period

B7.1   Clause 12 of the Terms (Limitation of liability) applies in full to the Beta Service, including the exclusions at clause 12.2 and the carve-outs at clause 12.1.

B7.2   In particular, and without limiting clause 12.2(d) of the Terms, the Customer acknowledges that the Supplier’s liability for any loss, corruption, alteration or non-retention of Customer Data within the Beta Service is limited as set out in clause 12.2(d), and that the developmental nature of the Beta Service has been taken into account in agreeing the limitations of liability in the Terms.

B7.3   Nothing in this Addendum limits or excludes any liability that cannot be limited or excluded by law, including the matters set out at clause 12.1 of the Terms.

B8. Feedback

The Customer may provide feedback, suggestions and bug reports relating to the Beta Service. The Supplier may use such feedback freely, without restriction or obligation to the Customer, to develop and improve the Service. Feedback does not constitute Confidential Information of the Customer and no rights in the Service pass to the Customer by reason of providing it.

B9. Confidentiality of the Beta Service

The existence, features, performance and any non-public aspects of the Beta Service are Confidential Information of the Supplier and are subject to clause 10 of the Terms. The Customer must not publish benchmarks, screenshots of unreleased features, or evaluations of the Beta Service without the Supplier’s prior written consent, save as required by law or professional regulation.

B10. End of the Beta Period

On the expiry of the Beta Period, this Addendum ceases to apply and the Terms continue to govern the Customer’s use of the Service in full, including the warranty at clause 11.1(b). Clauses B8 (Feedback) and B9 (Confidentiality of the Beta Service) survive expiry of the Beta Period.

B11. Governing law

This Addendum, and any dispute or claim arising out of or in connection with it (including non-contractual disputes or claims), is governed by and construed in accordance with the laws of England and Wales, and clause 18 of the Terms applies to it.