JFrog Online Beta Agreement

This agreement is a binding legal agreement between JFrog LTD (“JFrog” or “us” or “we”), and you (“you” or “your”), including the company or other legal entity you represent, on behalf of itself and its affiliates, governing the use of and access to the Beta Services (as defined below) , including these terms and any terms incorporated by reference (“Agreement”).

THIS AGREEMENT TAKES EFFECT WHEN YOU CLICK THE “I ACCEPT” OR SIMILAR BUTTON OR  BY ACCESSING OR USING THE JFROG PLATFORM (“EFFECTIVE DATE”). YOU AGREE THAT YOU ARE LEGALLY BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS OR IF YOU ARE A COMPETITOR OF JFROG (OR A PERSON ACTING ON BEHALF OF A COMPETITOR), PLEASE SELECT THE “I DECLINE” OR SIMILAR BUTTON AND DO NOT ACCESS OR USE THE JFROG PLATFORM.

Undefined terms will have their meaning as provided in the JFrog Subscription Agreement (accessible online at https://jfrog.com/hybrid-terms-and-conditions/).

1. Scope of the Service. The services under this Agreement include software, services, or features and any AI Tools (as defined below) identified as beta, early stage, or early access, evaluation, or words or phrases with similar meaning, which are not ready for production use, and are for testing purposes only as made available by JFrog (the “Beta Service”).
2. Disclaimer.The Beta Service is provided on an “as is” and “as available” without any warranty of any kind, whether express or implied, including without limitation, the implied warranties of merchantability, non-infringement, accuracy, completeness, performance, and fitness for a particular purpose basis, and is still in testing; The Beta Service may still contain defects, errors, design flaws, instability issues, unexpected results, or other problems. JFrog requests that you identify bugs, errors and performance deficiencies.
3. Use and Usage Restrictions. The Beta Service is for the limited use of internal testing and evaluation. Beta Service is not to be used in production, and you are hereby advised to safeguard your data, hold a backup of your data (including repositories), use caution, and not rely in any way on the correct functioning and performance of the Beta Service. In order for you to evaluate the Beta Service you are advised to upload mock data to the server.

   You may choose to use Beta Service, in your sole discretion; JFrog will have no liability arising out of or in connection with Beta Service – use it at your own risk.

4. Restrictions on Use. You will not, directly or indirectly permit, facilitate, or otherwise allow any other person or entity to:
   1. Access or use the Beta Services: (A) in a manner that does not comply with this Agreement, the Acceptable Use Policy (accessible online at https://jfrog.com/acceptable-use-policy/), and/or the Beta Service Documentation; (B) for fraudulent, misleading, or unlawful activities or purposes; or (C) for the purpose of building, improving, enhancing or providing a competitive product of service;
   2. Use any proxying, caching or other mechanism to provide any third parties (other than those permitted under this Agreement) with access to and/or use of the Beta Service.
   3.  Sublicense, assign, publish, resell, transfer, distribute, pledge, loan, lease, market, rent, make available, or provide use of the Beta Service to any entity or person, including on or in connection with any service bureau arrangement, facility management or third-party training, except as expressly allowed under the license grant in this Agreement.
   4.  Delete, obscure, or alter JFrog’s Marks, brand features, warranties, or disclaimers, or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Beta Service or Documentation;
   5. upload or transmit to the Beta Service any personal data (except for each user’s name, username, email address, and IP address), sensitive personal data or special categories of personal data as defined by applicable data protection laws or, without limiting any of the foregoing, patient, medical or protected health information as regulated by the U.S. Health Insurance Portability and Accountability Act of 1996 and its implementing regulations (HIPAA) or payment card information (PCI).
   6. Translate, reverse-translate, decipher, decode, disassemble, or otherwise reverse-engineer, or otherwise attempt to discover the source code or underlying ideas of the Beta Service;
   7. Breach, bypass, or otherwise interfere with security-related or limiting features of the Beta Service;
   8. Copy, modify, or create derivative works of, the Beta Service or its Documentation; or;
   9. Develop, implement, or install any third-party extension, plug-in, or other means of access or use of the Beta Service, without prior written approval from JFrog;
5. Feedback. JFrog offers Beta Service in order to get your feedback, reports, opinions, suggestions, comments and requests (“Feedback”). You hereby agree that we will be free to use your Feedback for the development of the Beta Service and other products of ours, and hereby agree that any right, title and interest to any Feedback relating to the Beta Service or its modifications will be owned by JFrog.
6. Analytics Information. You agree that during the Term we may collect, use, store and transmit technical and related information that is being collected from your use of the Beta Service, including information that may identify your computer (including the Internet Protocol Address), browser type, operating system, application usage (including but not limited to successful installation and/or removal), software, software usage and peripheral hardware, that may be gathered periodically to facilitate the provision of the services hereunder (“Analytics Information“), JFrog is and will remain the sole owner of the Analytics Information.
7. Confidentiality. The Beta Service is strictly confidential until the Beta Service is officially launched by JFrog and you will treat the Beta Service, and any documentation, specifications, or instructions related to the Beta Service, as confidential information of JFrog and will not disclose it to any third party, or use it for any purpose other than as explicitly permitted under this Agreement.  JFrog reserves all rights to file patent applications covering any aspect of the Beta Service. You will not file any patent application or claim any intellectual property right based on or derived from the Beta Service or any information disclosed in connection with it.
8. Intellectual Property Rights.  All right, title and interest in and regarding the Beta Service and any related documentation, including associated intellectual property rights, are and will remain with us and no other rights or licenses are granted or to be implied under any of JFrog’s intellectual property rights. This Agreement does not convey to you an interest in or to the Beta Service, but only a limited right of use.\
9. AI Tools and Service Providers.
   1. Integration of AI Features. The Beta Service may include, without limitation, generative models, predictive models, artificial intelligence algorithms or machine learning models, learnings, datasets, natural language chat interfaces, and processes which are powered by third-party service providers (collectively, “AI Tools”). For clarity, the AI Tools are deemed a part of the Beta Service. These features are experimental and are subject to change. “Input” means any data (e.g. text, images, files, prompts, or other content) you provide, integrate with or upload into the AI Tools. “Output” means any data (e.g. result, prediction, recommendations, decisions, content, or other output) generated by the AI Tools based on your Input from your use of AI Tools. For clarity, Output does not include training data.
   2. AI Data, Processing, Ownership. You may provide Input to the AI Tools and receive Output from the AI Tools based on the Input. Output generated by the AI Tools are for informational purposes only. You represent and warrant that you have obtained all consents and provided all notices that are necessary to use, process, and retain all Input you submit to the AI Tools. As between JFrog and its third-party service providers, and to the extent permitted by applicable law, you will (a) retain all ownership rights you may have in the data you submit as Input; and (b) receive a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and distribute the Output for your internal business purposes. Due to the nature of the AI Tools and artificial intelligence generally, Output may not be unique and other users may receive similar or identical Output from the AI Tools, and should not be relied upon as medical, legal, financial, or other advice. The Parties agree that no AI Tools will be used to perform automated decision making (meaning decisions that produce legal effects that significantly affect their financial, health, or personal livelihood). YOU ARE SOLELY RESPONSIBLE FOR (I) EVALUATING (BY HUMAN REVIEW) OUTPUT FOR ACCURACY, SAFETY, COMPLIANCE WITH LAWS, COMPLETENESS, AND APPROPRIATENESS OF ALL OUTPUTS BEFORE USING, DISTRIBUTING, OR RELYING ON THE OUTPUT (II) YOUR  DECISIONS, ACTIONS, AND OMISSIONS IN RELIANCE OR BASED ON THE OUTPUT.
   3. Service Providers. To deliver the Beta Service, JFrog may engage third-party service providers, listed on the JFrog Sub-Processors page located at  Sub-processors list.  Third-party service providers utilized by JFrog will be subject to confidentiality obligations.
   4. Third Party tools. You acknowledge and agree that the Beta Service may offer integrations with optional services provided by third parties (“Third-Party Services”), including without limitation, system, extensions, plug-in applications, and MCP Servers, on your desktop or otherwise, which you and/or your users may install themselves in the Beta Service. If you and/or your users elect, in their sole discretion, to access or use a Third-Party Service, such access and use of the Third-Party Service is subject to the terms and conditions provided by that Third-Party Service. JFrog does not make any representations or warranties with respect to Third-Party Services or any third-party providers. As part of your integrations with Third-Party Services, or if you are referred to us from Third-Party Services, you and your users agree to such a connection, including the transfer of tokens to us, to allow the use of the Beta Service. In certain Beta features, your users and your data from Third-Party Services may be apparent to us for your use of the Beta Services or for JFrog business purposes. JFrog bears no liability for such data. 
   5. AI Agent. By using the AI Tool, you may enable an AI agent that will act on your behalf. You acknowledge and agree that the AI agent may take actions, make decisions, or execute transactions on your behalf, subject to your configuration and instructions. You are solely responsible for reviewing, approving, and monitoring the agent’s actions and Outputs. JFrog disclaims liability for any unintended, erroneous, or harmful actions taken by the agent, except as required by law. You must not use the agent for unlawful, unethical, or high-risk activities, and you agree to indemnify JFrog for claims arising from your use of the agent.
10. Limitation of Total Liability. In no event will we be liable for any indirect, incidental, consequential, special, or exemplary loss or damage whatsoever (including, without limitation, damages for loss of business profits and business interruption), even if we have been advised of the possibility of such damages. WITHOUT LIMITING THE FOREGOING, JFROG MAKES NO WARRANTY OF ANY KIND THAT THE BETA SERVICE, MATERIALS OR OUTPUT WILL BE ACCURATE, ERROR FREE, OR COMPLETE. Notwithstanding the generality of the above, if we are found to be liable by a final judicial ruling the cumulative liability thereunder for any claim relating to the Beta Service and this agreement, regardless of the form of action, will be limited to, and in no event will exceed us $50.00. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. You are solely responsible for data that you provide or use within the Beta Service, including compliance with any regulations and laws applicable to such data and use.
11. Term. This Agreement will be in effect for a period commencing on your acceptance hereof and will terminate within ninety (90) days (the “Term”). JFrog may, at its sole discretion, extend the term of this Agreement by providing you with a written notice.  JFrog may change  or discontinue any the Beta Service at any time at its sole discretion. Either party may terminate this Agreement at any time by providing the other party three (3) days written notice.
12. Governing Law. This Agreement will be governed by and construed under the laws of the State of Israel without reference to principles and laws relating to the conflict of laws. The competent courts situated in Tel Aviv, Israel, will have exclusive jurisdiction with respect to any dispute and action arising under or in relation to this Agreement and each Party agrees to submit to the jurisdiction of, and agree that the venue is proper in, the aforesaid courts in any such legal action or proceeding.
13. Compliance with Laws. You will be solely responsible to comply, at your own expense, with local, state, national and international laws and regulations, including without limitation laws regarding export control.