When you’re about to roll out a new software product, you may be considering conducting a beta test. 

A beta test can provide valuable insights and feedback on your software product before its official release. 

However, since your software still hasn’t been released to the general public, it is important to make sure your beta testers don’t disclose any sensitive information about your product. 

This is where a Beta Participation Agreement can help! 

What Is A Beta Participation Agreement?

A Beta Participation Agreement sets out the terms that your beta testers agree to when testing your product. 

A Beta Participation Agreement is generally a combination of three types of legal documents: 

  • Terms of Service: what is involved in the beta test?
  • Privacy Policy: how will beta testers’ personal information be handled?
  • Non-Disclosure Agreement: can beta testers disclose any information about your product to the general public?

Together, these documents set expectations with your beta testers about what’s involved in the test, as well as outlining what they are and aren’t allowed to do. The Beta Participation Agreement will also limit your liability for anything that might go wrong during the testing.

Most importantly, though, a Beta Participation Agreement will protect your intellectual property from being misused by the people testing your product.

Why Do I Need A Beta Participation Agreement?

There are some risks involved in releasing your product early to beta testers. 

A Beta Participation Agreement will:

  • Manage expectations. Beta Participation Agreements clearly set out what you will provide to the participant and what the participant is expected to do for you. This will include provisions regarding expected timeframes, your obligations, and the duties of the participant.
  • Protect your product. One of the major functions of a Beta Participation Agreement is to ensure that beta testers cannot release any information about your product other than that which you allow. Non-disclosure and intellectual property protections are key components of this agreement, and are incredibly important when beta testing a product.
  • Limit your liability. Your beta testers may have access to unfinished products and, if something goes wrong during the testing stage, disputes can arise. A Beta Participation Agreement will include disclaimers and waivers to ensure that, if a dispute arises, you are properly protected. 

What Is Included In A Beta Participation Agreement?

Your product, SaaS tool or service will be very specific, so you’ll need a customised Beta Participation Agreement to reflect this. 

However, a Beta Participation Agreement will generally include clauses addressing:

  • The roles and powers of each party
  • The duties of each party
  • Liability protections
  • Intellectual property ownership
  • Confidentiality
  • Term and termination
  • Dispute resolution processes

Need Help?

Having an experienced lawyer draft your Beta Participation Agreement will ensure that your beta testers cannot leak information about your product to the general public without your consent. 

We’re here to help! To get assistance in drafting a Beta Participation Agreement, contact our team at 1800 730 617 or team@sprintlaw.com.au.

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