Beta Addendum

Effective as of February 27th, 2023


PLEASE REVIEW THIS ADDENDUM CAREFULLY. ONCE ACCEPTED, THIS ADDENDUM BECOMES A BINDING LEGAL COMMITMENT BETWEEN YOU AND MPARTICLE, INC. IF YOU DO NOT AGREE TO BE BOUND BY THIS ADDENDUM, YOU SHOULD NOT ACCEPT THIS ADDENDUM OR USE THE BETA SERVICES (AS DEFINED BELOW).

Preamble

In this Beta Addendum (referred to as this “Addendum”), the terms “you”, “your”, or “Customer” refer to you. If you are using the Beta Services on behalf of an organization, then you are agreeing to this Addendum for that organization and representing to us that you have the authority to bind that organization to this Addendum (and, in which case, the terms “you”, “your”, or “Customer” refer to that organization). The terms “we”, “us,” “our” or “mParticle” refer to mParticle, Inc., a Delaware corporation, with a mailing address at 99 Wall Street, Suite 630, New York, New York 10005, U.S.A.


Services Agreement

This Addendum shall be effective as of the earlier of the date of acknowledgement by you or use of the Beta Services (the “Effective Date”), and is subject to the mParticle Platform Services Agreement, Master Services Agreement, mParticle Terms of Service or similar agreement between Customer and mParticle (the “Agreement”) for use of the mParticle platform. References in the Agreement to “this Agreement” or “the Agreement” (including indirect references such as “hereunder,” “hereby,” “herein” and “hereof”) shall be deemed to be references to the Agreement as supplemented by this Addendum. All capitalized terms used in this Addendum but not defined herein shall have the meanings given thereto in the Agreement.


Beta Services

mParticle may make available to Customer products or services that are identified by mParticle as “beta services”, which are not generally available, limited release, developer preview, or any similar services offered by us from time to time (collectively, the “Beta Services”) upon the terms and conditions set forth herein and any other terms communicated by mParticle to Customer through email, a document (including an Order Form, Statement of Work or mParticle documentation) or a mParticle website (the “Beta Terms”). Beta Services are not considered part of the mParticle platform, mParticle SDK or mParticle API under the Agreement, and are not supported by mParticle other than limited product and customer engineering support and documentation. Nonetheless, Customer’s obligations set forth in the Agreement in connection with Customer’s access and/or use of mParticle platform, mParticle SDK and/or mParticle API shall apply equally to the Beta Services. Customer will pay any fees for the Beta Services in accordance with the Beta Terms. The term of use for the Beta Services will expire upon the earliest of (a) the term of use provided by mParticle to you, (b) if no term of use is provided, one year from the Effective Date or the expiration or termination of the Agreement, whichever is earlier, (c) the date that mParticle converts such version of the Beta Services to general release (non-beta), or (d) the date on which mParticle discontinues the Beta Services. mParticle may discontinue Beta Services at any time in mParticle’s sole discretion and may never make them generally available.


Disclaimer

BETA SERVICES ARE PROVIDED “AS IS, “WHERE IS” AND “AS AVAILABLE” WITH NO WARRANTIES WHATSOEVER, AND MPARTICLE WILL HAVE NO LIABILITY (INCLUDING, BUT NOT LIMITED TO, ANY OBLIGATION TO INDEMNIFY CUSTOMER UNDER THE AGREEMENT) FOR ANY LOSSES, LIABILITIES AND DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE BETA SERVICES. CUSTOMER HEREBY ASSUMES AND ACCEPTS ANY AND ALL RISK ASSOCIATED WITH USE OF THE BETA SERVICES.


Feedback

Customer agrees to diligently report any issues or experience feedback (“Beta Feedback”) with the Beta Services to mParticle, and hereby grants to mParticle a royalty-free, fully paid up, worldwide, transferrable, sublicensable, perpetual, irrevocable right and license to use any Beta Feedback for any and all purposes.


Miscellaneous

This Addendum is supplementary to the Agreement. The terms of this Addendum supersede provisions in the Agreement only to the extent that the terms of this Addendum and the Agreement expressly conflict; provided, however, nothing in this Addendum should be interpreted as invalidating the Agreement, and provisions of the Agreement will continue to govern relations between the parties insofar as they do not expressly conflict with this Addendum.