Terms
Advolutely is in a private beta. These are the terms for taking part in it.
These Beta Program Terms of Service ("Beta Terms") govern participation in the private beta program ("Beta Program") for the Advolutely practice management platform ("Service," "Platform," "Advolutely"), operated by Ebenezer Software LLC, a North Carolina limited liability company doing business as Advolutely ("Company," "we," "us," "our"). By accessing or using the Platform as a beta participant, you ("Beta Tester," "you") agree to be bound by these Beta Terms, in addition to the separately executed data protection agreement and the Privacy Policy.
If you do not agree to these Beta Terms, do not access or use the Platform.
You represent that you:
2.1 Pre-release status. The Platform is unreleased, pre-commercial software provided for evaluation and feedback purposes. It is not a finished commercial product.
2.2 No warranty of availability. The Platform is provided on an "AS IS" and "AS AVAILABLE" basis. We do not guarantee any specific level of uptime, availability, performance, or reliability during the Beta Program. Features may change, break, be removed, or behave unexpectedly without notice.
2.3 Right to modify or terminate. We may modify, suspend, or discontinue the Beta Program, or any part of the Platform, at any time, with or without notice, for any reason.
2.4 No guarantee of continued access. Beta access does not guarantee future access to any commercial version of the Platform, nor any particular pricing, terms, or features if and when a commercial version is released.
2.5 Data handling at Beta end. In the event the Beta Program is discontinued or your access is terminated, we will provide at least 30 days' notice and a reasonable opportunity to export your data before deletion, except where immediate termination is required by law, security necessity, or breach of these Beta Terms.
2.6 No cost during Beta. Participation in the Beta Program is provided free of charge.
2.7 Conversion incentive. If you elect to continue as a paying customer following the conclusion of the Beta Program, you will receive a discount equal to 50% off your first year of paid service, at the pricing tier then in effect. Should you convert to a paid subscription, your existing case data will be migrated from the Beta Program environment to the paid production environment at no additional charge. The mechanics of this offer, including any time window for accepting it, will be published before the Beta Program concludes.
3.1 The existence of the Beta Program, the Platform's features, screenshots, documentation, and any non-public information you learn about the Platform or Company through participation ("Confidential Information") are confidential.
3.2 You agree not to publicly disclose, publish, screenshot, or share Confidential Information, including on social media, professional forums, or with other advocates, without our prior written consent, for the duration of the Beta Program and for 12 months following its conclusion or your withdrawal from it.
3.3 This confidentiality obligation does not apply to information that: (a) becomes publicly available through no fault of yours; (b) you already lawfully possessed before disclosure; or (c) you are required to disclose by law, provided you give us reasonable notice where legally permitted.
4.1 Separate data protection agreement required. Before entering any real client information into the Platform, you must execute the data protection agreement we designate. That agreement is a separate document, is incorporated into these Beta Terms by reference, and governs how each party handles client information, including protected health information as defined under federal health-privacy law and consumer health data under applicable state law. Our requiring it is not a determination of your regulatory status, and nothing in these Beta Terms should be read as legal advice about that status.
4.2 Your responsibilities. You remain responsible, as between you and your clients, for: obtaining any client consent or authorization required to use a third-party platform for case management; the accuracy of information you enter; and your own compliance obligations as a covered entity or business associate under applicable law.
4.3 Security measures. We maintain technical safeguards including encryption of data at rest and in transit, access controls, two-factor authentication for advocate accounts, and audit logging of platform activity. As Beta Program software, these safeguards are still being validated and are not a substitute for your own independent judgment about what data is appropriate to enter during the beta period.
5.1 If you provide suggestions, feedback, bug reports, or ideas about the Platform ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, incorporate, and exploit that Feedback in any way, without obligation or compensation to you.
6.1 The Platform, including its software, design, trademarks, and content, is owned by the Company or its licensors. These Beta Terms do not grant you any ownership interest in the Platform. You retain ownership of the case data and content you input, subject to the license granted below.
6.2 You grant us a license to host, store, process, and display your data solely as necessary to provide the Platform to you during the Beta Program.
7.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PLATFORM IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
7.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, PROFITS, OR BUSINESS, ARISING FROM YOUR USE OF THE BETA PLATFORM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7.3 A cap on the Company's total liability will be included in the final terms.
You agree to indemnify and hold harmless the Company from claims arising from: (a) your breach of these Beta Terms or the data protection agreement; (b) your violation of applicable law, including health-privacy law; or (c) your unauthorized use of client data through the Platform.
9.1 Either party may terminate participation in the Beta Program at any time, for any reason, with notice.
9.2 We may immediately suspend or terminate your access without notice if we reasonably believe you have breached these Beta Terms, the data protection agreement, or applicable law, or if continued access poses a security or compliance risk.
These Beta Terms are governed by the laws of the State of North Carolina, without regard to conflict-of-law principles. A dispute-resolution provision will be included in the final terms.
We may update these Beta Terms from time to time. We will provide notice of material changes. Continued use of the Platform after such notice constitutes acceptance of the updated terms.
Questions about these Beta Terms: hello@advolutely.com