Spec Trial Agreement
Last Updated Aug 2, 2022
“Spec” means SpecTrust, Inc., a Delaware corporation, d/b/a Spec.
This SpecTrust Trial Agreement (the “Supplemental Terms”), together with SpecTrust’s Online Subscription Agreement available at Online Subscription Agreement (the “Subscription Agreement” and together with these Supplemental Terms, the “Agreement”), governs Customer’s limited duration trial access to SpecTrust’s online service (the “Service”) solely for the purpose of Customer’s evaluation of the Service. Capitalized terms used in these Supplemental Terms but not otherwise defined herein will have the meaning given to them elsewhere in the Subscription Agreement. BY CLICKING THE “ACCEPT” BUTTON OR USE THE SERVICES DESCRIBED HEREIN, CUSTOMER IS AGREEING TO BE BOUND BY AND BECOMES A PARTY TO THE AGREEMENT, INCLUDING THESE SUPPLEMENTAL TERMS. IF CUSTOMER DOES NOT AGREE TO ALL OF THE TERMS OF THE AGREEMENT, CUSTOMER MUST NOT, AND MAY NOT, ACCESS OF USE THE SERVICES DESCRIBED HEREIN.
1. Evaluation License. Subject to the terms of this Agreement, and at no charge, SpecTrust grants Customer a limited, revocable, non-exclusive, non-transferrable, royalty-free right to evaluate the Service during the Term (as defined below). Customer will use the Service only for its own internal business purposes solely to evaluate the Service and, subject to the terms of the Subscription Agreement, including, without limitation, Sections 3.2, 3.3, 3.4 and 3.5 therein.
2. Term and Termination; Suspension. This Agreement is effective on the date Customer accepts them (in accordance with the Subscription Agreement) (“Effective Date) and will continue for the period stated on the trial pricing page, or if no time is stated, for fifteen (15) days from the Effective Date (the “Term”). This Agreement may be terminated by SpecTrust immediately with or without notice, and by Customer upon written notice. Termination of these Supplemental Terms and/or the Agreement shall terminate all rights granted in these Supplemental Terms.
3. Disclaimers; Inapplicable Sections. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE SUBSCRIPTION AGREEMENT, THE SERVICES ARE MADE AVAILABLE “AS IS” AND “AS AVAILABLE”. SPECTRUST EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. The following Sections of the Subscription Agreement do not apply to the Services provided under these Supplemental Terms: 2, 3.1, 4, 6.2, 7, and 9.4.
4.1 Incorporation of the Terms. Customer acknowledges that these Supplemental Terms are hereby incorporated into and made part of the Subscription Agreement. Except as expressly set forth herein, any dispute or claim arising from or relating to these Supplemental Terms or the Services provided hereunder is subject to the disclaimer and limitations of liability, governing law and other terms of the Subscription Agreement.
4.2 Modification of Supplemental Terms. Please note that these Supplemental Terms are subject to change by SpecTrust in its sole discretion at any time. When changes are made, SpecTrust will make a new copy of these Supplemental Terms available at Trial Agreement. SpecTrust will also update the “Last Updated” date at the top of these Supplemental Terms. SpecTrust may require Customer to provide consent to the updated Supplemental Terms in a specified manner before further use of the Services described herein are permitted. If Customer does not agree to any change(s) after receiving a notice of such change(s), Customer may not use the Services.