This Beta Program Agreement (“Agreement”) is between you (“Participant” or “you”) and Fresh Tri (“Company” or “we”). This Agreement governs your participation in the Iterative Mindset Training Beta Program (“Beta Program”) and your access to training materials, content, methodologies, exercises, frameworks, and related documentation (“Materials”). By registering for the Beta Program, making payment, and/or participating in any training sessions, you acknowledge that you:
– Are at least 18 years of age (minors under 18 are prohibited from participating),
– Have read this Agreement, understand its terms, and agree to be bound by all provisions herein,
– Have reviewed and agree to the terms of Fresh Tri’s Privacy Policy, which is incorporated by reference.
2.1 Beta Program Status: You acknowledge that this is a beta test program offered at a significantly reduced price for the purpose of gathering feedback and refining the Iterative Mindset Training methodology.
2.2 Reduced Pricing: The pricing for this Beta Program is substantially below standard commercial rates and reflects the developmental nature of the program.
2.3 Feedback Participation: As a beta participant, you may be asked to provide feedback, testimonials, or participate in program evaluation activities. By providing such feedback, testimonials, ideas, suggestions, or other input (“Feedback”), you grant Fresh Tri a worldwide, perpetual, irrevocable, royalty-free, fully transferable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Feedback for any purpose, including product improvement, marketing, and research, without compensation to you.
3.1 Personal Learning License: Fresh Tri grants you a personal, non-exclusive, non-transferable, revocable limited license to access and use the Materials solely for your personal learning and use within your current employment or business role.
3.2 Permitted Uses: You may:
Attend training sessions and access Materials during the Beta Program
Take personal notes for your own reference
Apply Iterative Mindset principles within your current work environment
3.3 Prohibited Uses: You may NOT:
Reproduce, copy, distribute, or share any Materials with third parties
Use Materials for commercial purposes or personal profit
Teach, train, or facilitate Iterative Mindset methodologies to others, commercially or otherwise
Create derivative works based on the Materials
Record, photograph, use transcription tools or otherwise capture training sessions without explicit written permission from Fresh Tri
4.1 No Certification: This Beta Program does NOT certify you as an Iterative Mindset Method practitioner, trainer, or facilitator.
4.2 No Teaching Rights: You are expressly prohibited from teaching, training, or facilitating Iterative Mindset Method methodologies to others, whether for compensation or otherwise.
4.3 Internal Application Only: Your license is limited to applying learned concepts within your own work and does not extend to training colleagues, clients, or other third parties.
5.1 Company Ownership: Fresh Tri retains all right, title, and interest in all content, images, audio and video from the Beta Program, the Iterative Mindset Method methodology, and all Materials and all related intellectual property, including, without limitation, copyrights, trademarks, trade secrets, and moral rights.
5.2 No Transfer of Rights: No intellectual property rights are transferred to you under this Agreement. Your participation grants only the limited license specified in Section 3.
5.3 Copyright Protection: All Materials are protected by copyright and other intellectual property laws. Unauthorized use constitutes copyright infringement.
6.1 Confidential Information: All Materials, training content, methodologies, and information shared during the Beta Program constitute confidential and proprietary information of Fresh tri.
6.2 Non-Disclosure Obligation: You agree to maintain strict confidentiality and not disclose, share, or discuss any confidential information with third parties without Fresh Tri’s prior written consent.
6.3 Duration: This confidentiality obligation survives termination of this Agreement and continues indefinitely.
7.1 Prohibited Activities: You may not:
Duplicate, reproduce, or distribute any Materials
Remove or alter copyright notices or proprietary markings
Reverse engineer or attempt to discover underlying methodologies
Use Materials outside the scope of this Agreement
Share access credentials or allow others to access the Beta Program or Materials through your account
7.2 Automatic Termination: Any violation of these restrictions results in immediate termination of your license and access to the Beta Program.
7.3 Legal Remedies: Fresh Tri reserves the right to pursue all available legal remedies for violations, including injunctive relief and damages.
8.1 Developmental Nature: You understand that this is a beta program and Materials may be incomplete, subject to change, or contain errors.
8.2 No Medical or Professional Advice: The Beta Program is for informational and educational purposes only and is not intended as medical, psychological, or professional advice. You should consult your physician or other qualified health provider before making any health-related decisions.
8.3 No Warranties: The Beta Program and Materials are provided “AS IS” and “AS AVAILABLE” without warranties of any kind. Fresh Tri does not warrant uninterrupted or error-free access, that defects will be corrected, or that the Materials are free of viruses or other harmful components.
8.4 Assumption of Risk: You participate at your own risk and understand that beta programs may not deliver the same results as final commercial products.
9.1 Beta Pricing: Payment of the reduced beta program fee is required prior to accessing Materials or attending training sessions.
9.2 Non-Refundable: Due to the discounted nature of beta pricing, all payments are non-refundable except as required by applicable law.
9.3 No Commercial Rights: Payment does not grant any commercial rights or practitioner status.
10.1 Limited Liability: Fresh Tri’s total liability arising from or related to this Agreement, whether based on contract, tort, or any other theory, is limited to the amount you paid for the Beta Program.
10.2 Excluded Damages: Fresh Tri shall not be liable for any indirect, special, incidental, punitive, or consequential damages, including loss of profits, data, or business opportunities.
You agree to indemnify, defend, and hold harmless Fresh Tri and its affiliates, officers, employees, and agents from any claims, damages, liabilities, and expenses (including attorneys’ fees) arising from:
– Your breach of this Agreement,
– Your misuse of the Materials, or
– Your violation of law or the rights of a third party.
12.1 Company Rights: Fresh Tri may terminate your participation immediately for any breach or at its discretion, for any reason, including technical, operational, or strategic decisions. Fresh Tri’s decision to terminate is final.
12.2 Effect of Termination: Upon termination, you must immediately cease all use of Materials and return or destroy any copies in your possession.
12.3 Survival: Sections relating to intellectual property, confidentiality, and limitations of liability survive termination.
Fresh Tri reserves the right to unilaterally modify these terms at any time. Continued participation after notification of changes constitutes acceptance of modified terms. Any other amendment or modification of these terms must be agreed to in writing by Fresh Tri.
14.1 Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of California, and any disputes shall be resolved in the state or federal courts in San Jose, California.
14.2 Class Action Waiver: You agree to resolve disputes with Fresh Tri only on an individual basis and not as part of any class, consolidated, or representative action.
This Agreement constitutes the complete and exclusive agreement between the parties regarding the Beta Program and supersedes all prior agreements, representations, or understandings.
If any provision of this Agreement is found to be unenforceable, the remaining provisions shall remain in full force and effect.
By proceeding with payment and participation, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.
PARTICIPANT ACKNOWLEDGMENT:
[ ] I understand this is a beta program offered at reduced pricing
[ ] I acknowledge I will NOT be certified as an Iterative Mindset Method practitioner
[ ] I agree not to teach or train others in Iterative Mindset methodologies
[ ] I understand all Materials are copyrighted and confidential
[ ] I agree to use Materials only for personal learning and internal application
[ ] I acknowledge that beta programs may be incomplete or subject to change
[ ] I understand, acknowledge and agree to abide by the terms of this Agreement
Date: ________________ Participant Signature: ________________________________ Participant Name (Print): ________________________________
Made with 😍 in
California, USA.
Made with 😍 in California, USA.