Thank you for your interest in a divergent Online Preview. This Preview Agreement applies to any online product or service released by divergent that is marked as Preview, Pre-Release, Beta, or is otherwise not Generally Available (GA) (collectively the "Preview").
Effective: December 2025
Software in this state gives you the opportunity to use experimental and pre-release products for a reduced price or for free, and with the sole purpose of being able to provide divergent with feedback, and additional diagnostic information, so that we can focus on improving this product for everyone by time we're ready for release.
Before signing up to any Preview, please carefully review all of the terms which create a legal agreement between you and divergent Limited (or, based on where you live, or if a business, where your principal place of business is located, one of its subsidiaries or affiliates) and governs your participation in the Preview that, once accepted by you, applies to you. If you specify a company name on sign up, this means that you enter in to this Agreement on behalf of that organisation or company and that you have the legal authority to bind that entity.
This Agreement applies to divergent Limited ("divergent") and its Subsidiaries (individually, a "divergent Group Company" and collectively, the "divergent Group" or "divergent Group Companies").
You volunteer to participate in a Preview with the knowledge that the purpose of this Preview is to access, use, and provide us with feedback relating to experimental, preview, beta, or other early pre-release software made available to you, including related documentation, materials, and information such as webpages, emails, content, feedback, and any other related services (collectively the "Services"), for the purpose of providing divergent with useful information about your experience with the Services.
The Services that you use may substantially differ from any commercially released version, either historic or in the future. The Services may contain more errors or inaccuracies, and as such you should not rely on them in business critical or production environments because you are more likely to experience crashes, setting and policy changes, loss of data or connected services, feature and functionality changes, cause third party services to stop working, be updated, or removed from the Services automatically without notice, and other potential issues.
You acknowledge that the Services within any Preview may automatically collect additional data than a Generally Available Service would, in order to help us improve our products and services. divergent are thus collecting, using, storing, processing, and analysing diagnostic, technical, error reports, usage and other related data from your devices from which you access the Services.
Data collected may include your personal information. We use this information to communicate with you, as described below. We may also share certain data collected in connection with the Preview with third parties. For example, we may share data about your usage of a third-party software integration with the Services with the developer to enable them to improve how their system works with divergent products and services. Our Privacy Policy and these paragraphs under "Data Collection" applies to the data collected, used, and shared in connection with the Preview.
We may use your contact information to (i) communicate with you about your use of the Preview, and (ii) provide you with additional information about the Preview and other divergent products or services. This contact may be by email, SMS, instant message, web chat, phone, in the user interface, or other means, and may include offers. You can always change your settings regarding promotional communications from divergent in your divergent Account.
You may not transfer or share your access to the Preview and Services contained within, or any related documentations or materials you receive from divergent as part of your participation in the Preview, unless otherwise agreed or permitted by divergent.
Should you no longer wish to participate in the Preview, there may be a control within the Services that allows you to disable your participation in which case this control should be used as a means to terminate this agreement with us and revoke your access to the Preview. Where such control is unavailable, you should contact divergent Support for more information on how to voluntarily terminate your participation.
divergent reserves the right to terminate your access to any or all of the Preview at any time, without notice, for any reason whatsoever. Termination of your access to the Preview will result in any data held within the Services to be securely deleted, and you must delete any copies of content or other materials provided as part of the Preview. Further clauses in this Agreement will survive termination of this Agreement.
The following additional terms also apply to the Preview. To the extent that any additional terms conflict with this Agreement, this Agreement will control.
divergent may have patents, patent applications, trademarks, copyrights or other intellectual property rights covering subject matter in the Preview. Except as expressly provided in any written license agreement from divergent, your acceptance of this Agreement nor use of the Preview gives you any right, title, or interest in this intellectual property. This notice includes not only the Services, but any Documentation, or other material provided to you as part of the Preview.
divergent provide this Preview, alongside its affiliates, resellers, distributors, vendors and partners, all of which make no warranties, express or implied, guarantees or conditions with respect to the Services or your participation in the Preview. This expressly includes, but is not limited to, the implied warranties of merchantability and fitness for a particular purpose. Your use of the Preview is at your own risk, and the Services are provided on an "as is" basis "with all faults" and "as available" to the extent permitted by law. You bear the entire risk of using the Program. Should you have any basis for recovering damages related to the Preview, you agree that your exclusive remedy is to recover, from divergent or any affiliates, resellers, distributors, third-party app and service providers, partners, and vendors, direct damages up to the amount you paid for the Preview (or up to $5.00 USD if you acquired the Preview for no charge). You cannot recover any other damages or losses, including direct, consequential, lost profits, special, indirect, incidental or punitive damages. These limitations and exclusions apply even if this remedy does not fully compensate you for any losses or fails of its essential purpose or if we knew or should have known about the possibility of damages. To the maximum extent permitted by law, these limitations and exclusions apply to anything or any claims related to the Preview or your participation in the Preview.
This Agreement may be updated from time to time. These updates may be notified to you through the Services, in an email notification, or through other reasonable methods. Your participation in the Preview after the date that the changes to this Agreement become effective will be your consent to the changed terms. If you do not agree to the changes, you must stop using the Preview (see "Termination").
When we post changes to this Agreement, the "Effective" and / or "Last Updated" date at the top of the Agreement will be updated.
The laws of the state or country where you live (or if a business, where your principal place of business is located) govern all claims and disputes concerning the Preview and Services, your participation in this Preview, and this Agreement, including breach of contract claims and claims under consumer protection laws, unfair competition laws, implied warranty laws, for unjust enrichment, and in tort, regardless of conflict of laws principles.