Version 4 | Effective Date: February 18, 2026
Summary for Testers (Non-Legal Overview)
This agreement lets you participate in the Vizibeat beta and use an early, unfinished version of the software. Participation is open to individuals and entities worldwide, subject to applicable local laws and the export restrictions described below (see Section 22). You may use the beta in professional, client-facing, or commercial projects solely for evaluation purposes, and you assume all risks associated with such use.
Anything you create with the beta, including screenshots and videos of the interface, is yours to share publicly or privately. Public sharing should not imply that the beta is production-ready. The beta interface and features are unfinished and subject to change.
Internal project files, presets, raw assets, source materials, source code, and debugging logs must not be shared.
Confidential information does not include the visual appearance or normal operation of the beta interface. All other non-public information must be kept confidential for five years. Any feedback you provide may be freely used by us without obligation or restriction.
The beta software may be unstable, may break, and may cause data loss. It is provided “as is,” without warranties, and our maximum legal responsibility is limited to $100.
We can end the beta or your participation at any time. If that happens, you must delete the software and any confidential material.
You must be at least 18 years old to participate. By accepting this agreement, you represent that you meet this requirement.
This agreement supersedes all prior versions of this agreement between the parties. Any prior beta test agreements, including all previous numbered versions, are replaced in their entirety by this version.
This summary is provided for convenience only. The full agreement contains the binding legal terms.
This Vizibeat Beta Test Agreement (“Agreement”) is entered into between Empa3D LLC, a California limited liability company (“Empa3D”), and the individual or entity accepting this Agreement (“Evaluator”). Vizibeat is a software product developed and owned by Empa3D.
1. PURPOSE
This Agreement permits Evaluator to test and evaluate Empa3D’s pre-release software and provide Feedback to Empa3D.
2. ELIGIBILITY
Participation is open to individuals and entities worldwide, except where prohibited by applicable law or Empa3D’s export controls described in Section 22. Evaluator represents and warrants that (a) they are at least 18 years of age, (b) if accepting on behalf of an entity, they have authority to bind that entity, and (c) their participation does not violate any law applicable to them, including laws of their jurisdiction of residence. False representation constitutes a material breach.
Empa3D reserves the right to exclude any jurisdiction from participation at its sole discretion and without prior notice.
3. DEFINITIONS
“Beta Product” means pre-release software, documentation, materials, features, and any updates provided by Empa3D.
“Feedback” means evaluations, suggestions, comments, and analysis provided by Evaluator. Evaluator hereby assigns and agrees to assign to Empa3D all rights, title, and interest in Feedback.
“Confidential Information” means non-public information related to the Beta Product that Empa3D marks or reasonably identifies as confidential, excluding the visual appearance and operation of the user interface and workflows as displayed during normal use. Confidential Information does not include information publicly known, independently developed, or lawfully obtained without restriction.
“Output” means creative audiovisual work, screenshots, and videos produced using the Beta Product, including captures of the user interface and workflows, excluding project files, presets, raw assets, source files, or debugging logs.
4. LICENSE
Empa3D grants Evaluator a non-exclusive, non-transferable, non-sublicensable, revocable, limited license to use the Beta Product for evaluation purposes, including limited commercial and client-facing use, subject to the restrictions of this Agreement.
Evaluator shall not modify, disassemble, decompile, reverse engineer, rent, lease, loan, transfer, or create derivative works from the Beta Product.
Normal Unreal Engine profiling, debugging, and toolchain usage is permitted.
5. ACCEPTANCE
Acceptance occurs when Evaluator downloads, installs, activates, or uses the Beta Product.
6. TERM
The evaluation period is sixty (60) days from written activation notice delivered by Empa3D to Evaluator’s registered email address. Empa3D may extend or terminate the period at any time.
7. FEEDBACK AND DATA OWNERSHIP
Evaluator assigns to Empa3D all rights, title, and interest in Feedback and waives any moral-rights or co-inventorship claims. To the extent applicable law in Evaluator’s jurisdiction does not permit full assignment of moral rights, Evaluator irrevocably waives and agrees not to assert such rights to the fullest extent permitted by law. Evaluator acknowledges Empa3D may develop similar features independently.
Empa3D may collect telemetry and usage data as described in its Privacy Policy.
8. CONFIDENTIALITY
Evaluator may publicly share screenshots, videos, and demonstrations of the Beta Product’s interface and workflows.
Confidential Information excludes the visual appearance and operation of the Beta Product’s user interface as displayed during normal use.
Evaluator may not share source code, project files, presets, raw assets, internal data structures, debugging logs, or any materials not ordinarily visible during normal operation.
Evaluator’s confidentiality obligations under this section shall survive termination or expiration of this Agreement for a period of five (5) years from the date of termination or expiration.
9. OWNERSHIP
The Beta Product and all associated intellectual property remain the exclusive property of Empa3D worldwide. Nothing in this Agreement grants Evaluator any ownership, license, or rights to Empa3D’s intellectual property except the limited evaluation license in Section 4. Empa3D retains all patents, copyrights, trade secrets, trademarks, and other proprietary rights in and to the Beta Product.
10. SECURITY, ACCESS, AND NON-CIRCUMVENTION
Evaluator shall not:
(a) share accounts, access credentials, or Beta Product files;
(b) bypass or interfere with security, authentication, telemetry, or licensing systems;
(c) use the Beta Product to compete with or replicate Empa3D’s technology;
(d) publish benchmarks or competitive analysis without written permission;
(e) use the Beta Product for any commercial, client, or revenue-generating purpose outside the scope of permitted commercial evaluation use under Section 11.
11. COMMERCIAL EVALUATION USE
Evaluator may use the Beta Product in commercial, professional, or client-facing projects solely for evaluation purposes.
The Beta Product is not production-ready and is not intended or guaranteed for use in live production environments.
Evaluator assumes all risks associated with such use, including but not limited to defects, instability, performance issues, data loss, delays, client dissatisfaction, or financial loss.
12. AUDIT RIGHTS
Audits are limited to lightweight, remote verification based on reasonable suspicion of breach. Requests shall be limited to information directly related to verifying compliance. Evaluator shall redact unrelated personal data before providing logs or screenshots.
Empa3D shall provide at least five (5) business days’ written notice prior to any audit request and may not request audits more frequently than once every 90 days. Any audit shall be conducted in a manner consistent with applicable data privacy laws of Evaluator’s jurisdiction.
13. COSTS
Evaluator bears all costs associated with testing or using the Beta Product.
14. TERMINATION
Empa3D may terminate this Agreement at any time. Evaluator may also terminate this Agreement at any time by ceasing all use of the Beta Product. Upon termination by either party, Evaluator must delete all copies of the Beta Product and Confidential Information and confirm deletion by email to legal@empa3d.com within seven (7) days.
15. BETA INSTABILITY AND RISK ACKNOWLEDGMENT
Evaluator acknowledges the Beta Product may contain defects, instability, incomplete features, breaking changes, performance issues, or data loss.
This acknowledgement applies regardless of whether the Beta Product is used in a commercial or non-commercial context.
16. NO GUARANTEE OF COMPATIBILITY
Empa3D does not guarantee compatibility with any Unreal Engine version, plugin, tool, or workflow.
17. NO WARRANTY
The Beta Product is provided “AS IS” without warranties of any kind, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, or security. To the extent applicable law in Evaluator’s jurisdiction does not permit the exclusion of certain implied warranties, those warranties are excluded to the maximum extent permitted.
18. LIMITATION OF LIABILITY
Empa3D is not liable for indirect, special, incidental, consequential, punitive, or lost-profit damages. Maximum aggregate liability is USD $100 to the fullest extent permitted by law.
19. INDEMNIFICATION
Evaluator shall indemnify Empa3D for damages, claims, or third‑party actions arising from misuse, breach of this Agreement, unauthorized disclosure, or violations of third‑party IP rights, including attorney fees and related costs.
Evaluator shall not represent to any third party that the Beta Product is supported, warranted, or suitable for production use, and shall indemnify Empa3D from any third-party claims arising from Evaluator’s commercial use of the Beta Product.
Empa3D has no obligations with respect to any harm caused by the Beta Product beyond the liability cap set forth in Section 18. Nothing in this section shall be construed to expand Empa3D’s liability beyond that cap.
20. NO OBLIGATION TO RELEASE
Empa3D is not required to commercially release the Beta Product.
21. TECHNICAL SUPPORT
Support is optional and provided at Empa3D’s discretion.
22. EXPORT CONTROLS AND SANCTIONS COMPLIANCE
Evaluator must comply with all applicable U.S. export laws and regulations, including the Export Administration Regulations (EAR) and regulations administered by the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC).
Evaluator represents and warrants that they are not located in, or a national or resident of, any country subject to a comprehensive U.S. government embargo, and are not listed on any U.S. government list of prohibited or restricted parties, including the Specially Designated Nationals (SDN) list. Participation by residents of comprehensively embargoed countries or territories (currently including Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions of Ukraine) is strictly prohibited. Empa3D reserves the right to update this list consistent with changes to U.S. law.
23. DATA PRIVACY
Empa3D will handle Evaluator’s personal data in accordance with its Privacy Policy at https://vizibeat.com/privacy-policy/ and applicable privacy laws. For Evaluators in the European Economic Area, United Kingdom, or other jurisdictions with comprehensive privacy laws, Empa3D will process personal data in accordance with those laws. Evaluators may have rights regarding access, correction, deletion, or portability of their personal data under applicable law.
The legal bases for Empa3D’s processing of Evaluator personal data are: (a) performance of this Agreement, for data necessary to provide and administer the Beta Product; (b) legitimate interests, for telemetry and usage data collected to improve the Beta Product; and (c) legal obligation, where processing is required by applicable law. Evaluators in the EEA or UK who wish to exercise their data rights may contact Empa3D at the notice address specified in Section 25.
24. PUBLICITY AND NON-DISPARAGEMENT
Evaluator may mention participation and share permitted Output.
All publicly shared materials should clearly indicate that the Beta Product is pre-release software and subject to change. Empa3D is not responsible for third-party interpretations, conclusions, or reliance on beta materials.
Evaluator shall not make malicious or knowingly false statements about Empa3D or the Beta Product.
25. NOTICES
Notices to Empa3D must be sent to legal@empa3d.com or such other address as Empa3D designates in writing. Notices to Evaluator will be sent to the email address provided at registration. Evaluator is responsible for maintaining a valid, current email address and notifying Empa3D of any changes. Notices are deemed delivered 24 hours after sending unless the sender receives a delivery failure notification, in which case Empa3D will make reasonable efforts to locate a valid contact address. Notices sent by certified mail are deemed delivered upon confirmed receipt.
26. NO ASSIGNMENT
Evaluator may not assign this Agreement.
27. SEVERABILITY
If any provision is unenforceable, the remainder remains effective.
28. GOVERNING LAW, VENUE, AND DISPUTE RESOLUTION
This Agreement is governed by California law, without regard to conflict-of-law principles, except where mandatory local law requires otherwise.
For Evaluators located outside the United States: disputes shall first be submitted to binding arbitration under the JAMS International Arbitration Rules before a single arbitrator. The seat of arbitration shall be Los Angeles, California, USA. Proceedings shall be conducted in English. The arbitral award shall be final and binding and may be enforced in any court of competent jurisdiction.
For Evaluators located in the United States: venue is exclusively the state or federal courts in San Bernardino County, California.
Notwithstanding the foregoing, Empa3D may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights.
29. ENTIRE AGREEMENT AND SUPERSESSION
This Agreement constitutes the entire agreement between the parties with respect to the Beta Product and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings, whether written or oral, including any statements made in emails, onboarding materials, chat communications, or other informal exchanges, and all prior versions of this Agreement. Any Evaluator who previously accepted an earlier version of this Agreement is bound by this version upon downloading, installing, activating, or continuing to use the Beta Product after the effective date stated in the header. No prior agreement, promise, or representation not contained in this Agreement shall be binding on either party.
30. AMENDMENTS
Empa3D may amend this Agreement at any time by providing written notice to Evaluator’s registered email address. Continued use of the Beta Product following such notice constitutes acceptance of the amended terms. If Evaluator does not agree to the amended terms, Evaluator must cease use of the Beta Product and confirm deletion per Section 14 within seven (7) days of the notice.
For Evaluators in jurisdictions where unilateral amendment by continued use is restricted by applicable law, Empa3D will seek affirmative re-acceptance of any material changes before those changes take effect as to that Evaluator.
31. LANGUAGE AND TRANSLATION
This Agreement is executed in the English language. In the event of any conflict between an English version and any translation provided for convenience, the English version shall control.
32. ELECTRONIC ACCEPTANCE
Evaluator agrees that downloading, installing, activating, or using the Beta Product constitutes a valid and binding electronic signature and acceptance of this Agreement, with the same legal effect as a handwritten signature, to the fullest extent permitted by applicable law including the U.S. Electronic Signatures in Global and National Commerce Act (E-SIGN) and equivalent laws in other jurisdictions.
33. FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform obligations under this Agreement due to causes beyond their reasonable control, including but not limited to acts of God, natural disasters, pandemics, war, terrorism, government action, internet or infrastructure outages, or third-party service failures. This provision does not excuse payment obligations, breaches of confidentiality, or violations of the security and non-circumvention obligations in Section 10.