Opscotch Developer Preview Terms

Important: Preview, beta, alpha, trial, evaluation, and developer builds of Opscotch are for development, testing, and evaluation only. They are not licensed for production, live operational, or safety-relevant use.

These Opscotch Developer Preview Terms (“Preview Terms”) are entered into between Opscotch Limited, of Level 4 Dominion building, 78 Victoria Street, Wellington 6011 New Zealand (“Opscotch”), and the person or entity accepting them (“Customer” or “you”).

By clicking accept, running a command or installer that records acceptance, installing, activating, accessing, or using a preview build of Opscotch, you agree to these Preview Terms. If you accept on behalf of an organization, you represent and warrant that you have authority to bind that organization.

The Opscotch Acceptable Use and Safety Policy and the Opscotch Privacy and Telemetry Notice are incorporated into these Preview Terms.

1. Development use only

1.1 Opscotch grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license during the preview period to use the preview software solely for:

• internal development;
• testing;
• evaluation; and
• non-production proof-of-concept work.

1.2 You must not use preview software in:

• production or live environments;
• environments supporting real customer traffic or business-critical operations;
• regulated, safety-sensitive, or mission-critical systems; or
• any high-risk activity described in the Acceptable Use and Safety Policy.

1.3 Preview software may include technical restrictions such as runtime limits, feature gating, usage limits, expiration dates, or entitlement checks. You must not bypass or interfere with those restrictions.

2. Preview characteristics

You acknowledge that preview software:

• may be incomplete, unstable, experimental, or materially different from future commercial releases;
• may contain bugs, defects, security vulnerabilities, breaking changes, or disabled features;
• may be changed, suspended, or discontinued at any time without notice;
• may never become generally available; and
• is provided for evaluation purposes only.

3. Customer responsibility

3.1 You are solely responsible for all use of the preview software, including your configurations, prompts, commands, workflows, automations, credentials, systems, data, and destinations.

3.2 You must isolate preview software appropriately from production and sensitive environments, use least-privilege credentials, and maintain suitable testing and rollback practices.

3.3 Opscotch is not responsible for actions triggered by preview software in your environment, including changes to systems, services, data, infrastructure, devices, or external destinations.

4. Telemetry

Preview software may send telemetry to Opscotch for licensing, product-security, anti-abuse, compatibility, troubleshooting, and product-improvement purposes as described in the Privacy and Telemetry Notice.

5. Feedback

If you provide feedback on preview software, you grant Opscotch the same broad Feedback rights described in the Opscotch Software License Agreement, whether or not you separately sign that agreement.

6. No support; no service commitments

Unless Opscotch expressly agrees otherwise in writing, Opscotch has no obligation to provide support, maintenance, updates, security patches, uptime commitments, compatibility commitments, or migration assistance for preview software.

7. No warranty

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PREVIEW SOFTWARE IS PROVIDED “AS IS”, “AS AVAILABLE”, AND WITH ALL FAULTS.

OPSCOTCH MAKES NO WARRANTIES, CONDITIONS, GUARANTEES, OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, ACCEPTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, REASONABLE CARE AND SKILL, AVAILABILITY, OR RESULTS.

Without limiting the foregoing, Opscotch does not warrant that preview software:

• will be uninterrupted, error-free, secure, or compatible with your environment;
• will preserve data or system integrity;
• will prevent unsafe or destructive actions;
• will meet your requirements; or
• will be suitable for production use.

8. Liability exclusion and cap

8.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, OPSCOTCH WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THE PREVIEW SOFTWARE OR THESE PREVIEW TERMS.

8.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, OPSCOTCH’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE PREVIEW SOFTWARE OR THESE PREVIEW TERMS WILL NOT EXCEED THE GREATER OF:

• THE AMOUNT YOU PAID FOR THE RELEVANT PREVIEW LICENSE, IF ANY; OR
• NZD $500.

8.3 Nothing in these Preview Terms excludes or limits liability to the extent such liability cannot lawfully be excluded or limited.

9. Indemnity

You will defend, indemnify, and hold harmless Opscotch, its Affiliates, and their personnel from and against third-party claims, losses, liabilities, damages, costs, and expenses (including reasonable legal fees) arising out of or relating to:

• your use of preview software;
• your violation of these Preview Terms or the Acceptable Use and Safety Policy;
• your use of preview software in production, live, or other prohibited high-risk environments; or
• your configurations, workflows, commands, outputs, or destinations.

10. Termination

Opscotch may suspend or terminate your access to preview software at any time, with or without cause, and with or without notice.

On termination or expiry, you must immediately stop using the preview software and uninstall, disable, or destroy all copies, except for archival copies retained solely for legal compliance and not restored to operation.

11. Governing law; business-use framing

11.1 These Preview Terms are governed by the laws of New Zealand, excluding conflict of laws rules.

11.2 Subject to mandatory law, the courts of Auckland, New Zealand have exclusive jurisdiction over disputes arising out of or relating to these Preview Terms.

11.3 You represent that you are accepting and using preview software in trade or for business, professional, institutional, or evaluation purposes, and not for personal, domestic, or household use.

11.4 To the maximum extent permitted by law, and where the legal requirements for contracting out are met, the parties agree that the Consumer Guarantees Act 1993 does not apply and that the parties contract out of sections 9, 12A, 13, and 14(1) of the Fair Trading Act 1986, and that it is fair and reasonable that they be bound by those provisions.

12. General

12.1 Opscotch may update these Preview Terms by posting an updated version or providing notice.

12.2 Continued use of preview software after the effective date of an update constitutes acceptance of the updated Preview Terms.

12.3 These Preview Terms, together with the incorporated Acceptable Use and Safety Policy and Privacy and Telemetry Notice, are the complete agreement relating to the preview software unless a separate signed agreement expressly states otherwise.

12.4 Questions about these Preview Terms may be sent to legal@opscotch.co.