Terms of Service — Talarity

These Terms of Service ("Terms") govern access to and use of the Talarity services, software, and related offerings (the "Service") by the customer identified in an order form or online checkout ("Customer"). "Talarity," "we," "us," and "our" mean Talarity and its affiliates.

If an individual accepts these Terms on behalf of an entity, that individual represents they have authority to bind the entity.

1. Definitions

1.1 Authorized Users means individuals Customer authorizes to access and use the Service under Customer's account.

1.2 Customer Data means data, content, files, and information submitted to the Service by or for Customer (including by Authorized Users), excluding Service Data.

1.3 Service Data means data Talarity collects or generates in connection with providing the Service, including usage data, telemetry, diagnostics, log data, device and technical information, metadata, performance analytics, and aggregated and/or de-identified data derived from Customer's use of the Service. Service Data does not include Customer Data in identifiable form.

1.4 Output means reports, results, analytics, recommendations, or other outputs generated by the Service from Customer inputs or Customer Data.

1.5 Documentation means user guides, training materials, help content, and other documentation Talarity makes available for the Service.

1.6 Order Form means an order form, statement of work, quote, or online checkout that references these Terms and specifies subscription details (including fees, term, and entitlements).

1.7 Subscription Term means the subscription period stated in the applicable Order Form.

1.8 Confidential Information means non-public information disclosed by one party ("Disclosing Party") to the other ("Receiving Party") that is designated as confidential or that a reasonable person should understand to be confidential given its nature and circumstances. Talarity Confidential Information includes the Service (including non-public features), non-public Documentation, pricing/discounts, security and infrastructure details, roadmaps, and non-public performance information.

1.9 Competitive Product means any product or service that is primarily intended to provide functionality substantially similar to the Service (or a material feature of the Service).

1.10 Enterprise Plus means the subscription tier that includes the ability to allocate Professional Plus Access to third parties or other tenant accounts/workspaces (or equivalent construct), as described in the Service or applicable Order Form.

1.11 Professional Plus Access means access rights allocated by an Enterprise Plus Customer to another entity's or account's tenant/workspace (or equivalent construct) to use the Service at the Professional Plus level.

1.12 Allocated Entity means the company, tenant, workspace, or account to which Professional Plus Access is assigned.

2. Eligibility and Account Registration

2.1 Business Use Only. Customer represents it is acting on behalf of a business.

2.2 Account Creation. Customer will provide accurate and current registration information and keep it updated.

2.3 Account Security. Customer is responsible for maintaining the confidentiality of credentials and for all activity under its account, and will promptly notify Talarity of any suspected unauthorized access.

3. Subscription Terms; Fees and Payment

3.1 Subscription Terms; Auto-Renewal. Subscription Terms may be one (1) year or three (3) years (or as stated in an Order Form). Unless Customer provides notice of non-renewal at least thirty (30) days before the end of the then-current Subscription Term, the subscription will automatically renew for the same renewal term length (or, if not available, a one (1) year term) at Talarity's then-current rates.

3.2 Renewal Pricing Notice. Talarity will use commercially reasonable efforts to provide renewal pricing notice at least sixty (60) days prior to renewal for invoice-based billing customers, but Customer remains responsible for providing timely non-renewal notice under Section 3.1.

3.3 Co-Terming. Add-on licenses, additional seats, and product modules purchased mid-term will co-term to the then-current core Subscription Term unless otherwise stated in an Order Form.

3.4 Professional Plus Allocation Lock-Up. If Customer has Enterprise Plus and allocates Professional Plus Access to an Allocated Entity, that allocation will consume the applicable Professional Plus entitlement for a minimum period of twelve (12) months from the effective date of allocation (the "Lock-Up Period"), regardless of whether Customer later removes, revokes, unassigns, deletes, or otherwise terminates the association with the Allocated Entity. Professional Plus entitlements allocated to an Allocated Entity do not "free up" and may not be reallocated to a different Allocated Entity until the Lock-Up Period ends (or the applicable Subscription Term ends, if earlier). Talarity may enforce reasonable technical controls to prevent circumvention of this Lock-Up Period. Any attempt to circumvent allocation limits or the Lock-Up Period (including cycling allocations across multiple entities) is a material breach of these Terms.

3.5 Fees; Non-Refundable. Fees are as stated in the Order Form or checkout and are non-refundable except as expressly provided in these Terms or an Order Form.

3.6 Invoicing; Payment. Unless stated otherwise, fees are invoiced annually in advance and payable net thirty (30) days from invoice date, in the invoiced currency.

3.7 No Setoff. Customer will not withhold, set off, or deduct any amounts from fees due (except as required by law with proper documentation).

3.8 Late Payments. Past due undisputed amounts may accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law. Customer will reimburse reasonable, documented costs of collection, including reasonable attorneys' fees.

3.9 Suspension for Non-Payment. If Customer fails to pay undisputed fees when due, Talarity may suspend access to the Service after providing notice and a reasonable opportunity to cure (except where prohibited by law or where immediate suspension is necessary to prevent abuse or security risk).

3.10 Taxes. Fees exclude taxes. Customer is responsible for applicable taxes, duties, and similar governmental assessments (excluding Talarity's income taxes). If Customer is tax-exempt, it must provide valid exemption documentation.

4. License Grant and Restrictions

4.1 License Grant. During the Subscription Term, Talarity grants Customer a limited, non-exclusive, non-transferable, non-sublicensable license for Authorized Users to access and use the Service and Documentation solely for Customer's internal business purposes, subject to these Terms and the applicable Order Form.

4.2 Restrictions. Customer will not (and will not permit others to):

(a) copy, modify, or create derivative works of the Service or Documentation (except as expressly permitted);

(b) reverse engineer, decompile, or disassemble the Service, except to the extent prohibited by law;

(c) rent, lease, sell, resell, sublicense, or otherwise make the Service available to third parties (except as expressly authorized in writing);

(d) circumvent or interfere with security-related features or access controls;

(e) access or use the Service or Output to develop, train, improve, or provide a Competitive Product, including by using the Service or Output to build competing datasets, models, benchmarks, or features;

(f) disclose competitive benchmarking or performance testing results to any third party without Talarity's prior written consent (internal benchmarking is permitted);

(g) remove or alter proprietary notices; or

(h) use the Service in violation of law, regulation, or these Terms.

4.3 Output Use. As between the parties, Customer may use Output internally for its business purposes, subject to Section 4.2 and Customer's responsibility for verifying Output accuracy and suitability for its use.

5. Customer Data; Privacy and Security

5.1 Customer Data Ownership. Customer retains all right, title, and interest in Customer Data.

5.2 Customer Data License. Customer grants Talarity and its subprocessors a worldwide, non-exclusive license to host, copy, transmit, process, and display Customer Data solely as necessary to provide, maintain, secure, and support the Service and to comply with law.

5.3 Service Data Ownership and Use. Talarity owns all right, title, and interest in Service Data. Talarity may use Service Data for operating, maintaining, securing, supporting, improving, and developing the Service, including creating aggregated and/or de-identified datasets and analytics. Talarity will not use Customer Data in identifiable form to train generalized models or publish Customer-specific insights without Customer's express written agreement.

5.4 Privacy; DPA. Personal data handling is described in Talarity's Privacy Policy. Where required by applicable law, the parties will enter into a data processing addendum ("DPA"), which will govern processing of personal data and prevail over these Terms for that subject.

5.5 Security. Talarity will maintain commercially reasonable administrative, physical, and technical safeguards designed to protect Customer Data. Customer acknowledges no system can be guaranteed 100% secure.

5.6 Security Incidents. Talarity will notify Customer of a confirmed security incident involving unauthorized access to Customer Data without undue delay and in accordance with applicable law, and will provide information reasonably necessary for Customer to meet applicable notification obligations.

5.7 Subprocessors. Talarity may use third-party subprocessors to provide the Service and remains responsible for them as required by law and any DPA. Talarity will maintain a list of material subprocessors and provide commercially reasonable notice of material changes where required by applicable law or DPA.

5.8 Retention; Deletion; Export. Customer may export Customer Data during the Subscription Term using available export functionality. Following termination or expiration, Talarity will make Customer Data available for export for thirty (30) days (if technically feasible) and thereafter will delete or de-identify Customer Data in accordance with its standard retention schedule, except to the extent retention is required by law or for legitimate backup/archival purposes for a limited period. Customer's standard self-service export functionality, if available for the Service, is included at no additional charge.

6. User Responsibilities and Acceptable Use

6.1 Customer Responsibility. Customer is responsible for all Authorized Users' compliance with these Terms and for configuring the Service appropriately for its environment.

6.2 Prohibited Use. Customer will not use (or permit use of) the Service to:

(a) transmit malware or harmful code;

(b) attempt unauthorized access, penetration testing, or disruption of systems (including third-party systems) without express authorization;

(d) send spam or unlawful marketing communications; or

(e) upload or process highly regulated data (e.g., PCI data, PHI subject to HIPAA, GLBA data, ITAR-controlled data) without Talarity's prior written agreement and any required addenda.

6.3 Enforcement. Talarity may investigate suspected violations and may suspend or restrict access (including removing or disabling access to content) in good faith to protect the Service, Talarity, customers, or third parties, or to comply with law.

7. Confidentiality

7.1 Obligations. Receiving Party will: (a) use Confidential Information only to perform under these Terms; (b) not disclose Confidential Information to third parties except as permitted; and (c) protect Confidential Information using at least the same degree of care it uses for its own confidential information (and not less than reasonable care).

7.2 Permitted Disclosures. Receiving Party may disclose Confidential Information to its employees, contractors, affiliates, and professional advisors who need to know and are bound by confidentiality obligations at least as protective as these Terms.

7.3 Compelled Disclosure. If Receiving Party is legally compelled to disclose Confidential Information, it will (where legally permitted) provide prompt notice and reasonable cooperation to seek protective treatment.

7.4 Injunctive Relief. Unauthorized use or disclosure of Confidential Information may cause irreparable harm; Disclosing Party may seek injunctive relief in addition to other remedies.

8. Intellectual Property

8.1 Talarity IP. Talarity and its licensors own all right, title, and interest in and to the Service, Documentation, Service Data, and all related intellectual property.

8.2 Feedback. If Customer provides suggestions or feedback, Customer grants Talarity a perpetual, irrevocable, worldwide, royalty-free right to use and incorporate it without restriction or obligation.

8.3 Customer Materials. Customer represents it has all rights necessary to provide Customer Data and inputs, and that doing so does not violate law or third-party rights.

8.4 DMCA / Takedown (If Applicable). If Talarity receives a credible claim that content hosted in the Service infringes third-party rights or violates law, Talarity may remove or disable access to the content and may terminate repeat infringers as appropriate.

9. Usage Verification and Audit

9.1 Usage Measurement. Talarity may measure and monitor use of the Service to verify compliance with purchased entitlements and to operate, secure, and improve the Service, including seat counts, feature utilization, technical limits, and related usage logs. Any audit under this Section is limited to Customer's records and information reasonably necessary to verify such compliance.

9.2 Audit and True-Up. Upon reasonable notice (no more than once per 12-month period, except for suspected fraud or security issues), Talarity may audit Customer's compliance with the applicable Order Form and these Terms. An audit will be limited to information and records directly related to Customer's use of the Service (e.g., Authorized User lists and entitlement/usage records) and will not require access to Customer's other systems or financial records. If an audit reveals underpayment or overuse of entitlements, Customer will promptly pay the shortfall (or purchase additional entitlements) for the audited period. Talarity will bear its own audit costs.

10. Third-Party Services and Links

The Service may interoperate with or link to third-party services. Talarity does not control those services and is not responsible for them. Customer's use of third-party services is subject to the third party's terms.

11. Term; Termination; Suspension

11.1 Term. These Terms start upon acceptance and continue until all Subscription Terms have expired or been terminated.

11.2 Termination for Cause. Either party may terminate an Order Form (or these Terms if no Order Form remains) upon written notice if the other party materially breaches and fails to cure within thirty (30) days (or ten (10) days for non-payment of undisputed fees) after notice, or upon insolvency events.

11.3 Suspension. Talarity may suspend access immediately if necessary to address (a) security threats, (b) ongoing abuse, (c) material legal risk, or (d) Customer's material violation of these Terms. Talarity will provide notice when practicable and will restore access promptly after the issue is resolved. Suspensions taken in good faith do not constitute a breach by Talarity.

11.4 Effect of Termination. Upon expiration/termination, Customer's rights to access the Service cease, and Customer must stop using the Service. Sections intended to survive will survive, including at least Sections 3 (payment obligations), 4.2, 5.3, 7, 8, 9, 12-17.

11.5 Trials and $0 Licenses. No-fee, trial, or promotional access may be modified or terminated at any time, and may be provided "AS IS" with no SLA or support commitments unless expressly stated.

11.6 Professional Plus Access Changes. Customer may revoke Professional Plus Access for an Allocated Entity at any time, and Talarity may revoke such access in its discretion. Revoking Professional Plus Access ends the Allocated Entity's access, but does not reduce fees or release the underlying entitlement for reallocation until the Lock-Up Period described in Section 3.4 ends.

11.7 Refunds. Except as required by law or expressly stated in an Order Form, fees are non-refundable. If Customer terminates for Talarity's uncured material breach, Customer's sole and exclusive monetary remedy is a refund of unused prepaid fees for the terminated portion of the Subscription Term.

12. Disclaimers of Warranties

EXCEPT AS EXPRESSLY STATED IN AN ORDER FORM, THE SERVICE, OUTPUT, AND DOCUMENTATION ARE PROVIDED "AS IS" AND "AS AVAILABLE." TALARITY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. TALARITY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT OUTPUT WILL BE ACCURATE, COMPLETE, OR SUITABLE FOR CUSTOMER'S PURPOSES.

13. Limitation of Liability

13.1 Exclusion of Damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY.

13.2 Liability Cap. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TALARITY'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE FEES PAID OR PAYABLE BY CUSTOMER UNDER THE APPLICABLE ORDER FORM(S) IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

13.3 Carveouts. The liability limitations in this Section 13 do not apply to: (a) Customer's payment obligations; (b) Customer's breach of Section 7 (Confidentiality) or Section 4.2 (Restrictions); or (c) amounts payable under Customer's indemnification obligations in Section 14.

14. Indemnification

14.1 By Talarity (IP Infringement). Talarity will defend Customer against third-party claims alleging that the Service, when used as authorized, infringes that third party's intellectual property rights, and will pay resulting damages and reasonable costs awarded by a court or agreed in settlement. Talarity will have no obligation to the extent a claim arises from: (a) Customer Data or Customer-provided materials; (b) combinations with products/services not provided by Talarity; (c) use not in accordance with these Terms/Documentation; or (d) modified versions not made by Talarity.

Remedy. If the Service becomes (or in Talarity's opinion is likely to become) the subject of such a claim, Talarity may: (i) modify the Service to be non-infringing; (ii) obtain a license; or (iii) terminate the affected Service and refund unused prepaid fees for the terminated portion. This Section 14.1 states Talarity's sole obligation and Customer's exclusive remedy for IP infringement claims.

14.2 By Customer. Customer will defend, indemnify, and hold harmless Talarity from third-party claims arising from: (a) Customer Data or Customer's business content; (b) Customer's or Authorized Users' misuse of the Service or violation of these Terms; (c) unlawful marketing, privacy, or employment-related uses of the Service by Customer; or (d) unauthorized testing, scanning, or attacks on systems using the Service or in connection with Customer's account.

14.3 Indemnification Process. The indemnified party must: (a) promptly notify the indemnifying party; (b) give sole control of defense and settlement to the indemnifying party; and (c) provide reasonable cooperation at the indemnifying party's expense. The indemnifying party may not settle any claim that admits liability or imposes obligations on the indemnified party without the indemnified party's written consent (not unreasonably withheld).

15. Changes to Service and Terms

15.1 Service Changes. Talarity may update the Service from time to time (including adding, modifying, or removing features). During a paid Subscription Term, Talarity will not materially reduce core functionality of the Service purchased by Customer, except as required for security, legal compliance, or to prevent abuse.

15.2 Terms Changes. Talarity may update these Terms. Updates will be effective on renewal, except that Talarity may implement changes during a Subscription Term if: (a) required by law; (b) necessary for security, abuse prevention, or operational integrity; or (c) the change is non-material (e.g., clarification). If Talarity makes a change during a Subscription Term that is materially adverse to Customer and not covered by (a)-(c), Customer may reject the change by providing notice within thirty (30) days of notice of change, and either party may terminate the affected Order Form with a refund of unused prepaid fees.

16. Governing Law; Venue; Time Limit on Claims

16.1 Governing Law; Venue. These Terms are governed by the laws of the Commonwealth of Massachusetts, excluding conflict-of-law rules. Any action must be brought in the state or federal courts located in Boston, Massachusetts (Suffolk County), and the parties consent to jurisdiction and venue there.

16.2 Time Limit on Claims. To the extent permitted by law, any claim must be brought within one (1) year after the cause of action arose.

17. Export Controls; Sanctions; Compliance

Customer represents it is not located in, controlled by, or acting on behalf of any sanctioned jurisdiction or prohibited party, and will comply with applicable export controls, sanctions laws, and anti-corruption laws. Customer will not use the Service for prohibited end uses.

18. Miscellaneous

18.1 Entire Agreement. These Terms, Order Forms, and any DPA form the entire agreement and supersede prior agreements on the subject.

18.2 Order of Precedence. In case of conflict: (a) Order Form (for its subject); then (b) DPA (for personal data processing); then (c) these Terms; then (d) Documentation and policies.

18.3 Assignment. Customer may not assign these Terms without Talarity's prior written consent, except to an affiliate or successor in connection with a merger, acquisition, or sale of substantially all assets, provided the assignee agrees in writing to be bound. Talarity may assign these Terms to an affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of substantially all assets.

18.4 Force Majeure. Neither party is liable for delays or failures due to events beyond reasonable control.

18.5 Independent Contractors. The parties are independent contractors. No partnership, joint venture, or agency relationship is created.

18.6 Severability; No Waiver. If any provision is unenforceable, the remainder remains in effect. Failure to enforce is not a waiver.

18.7 Notices. Notices must be in writing and delivered by personal delivery, certified mail, or nationally recognized courier to the addresses on the Order Form (or as otherwise designated). Talarity may provide operational notices via the Service or email.

19. Contact

Talarity
Email: support@talarity.com

20. Data Security & Encryption

20.1 Encryption Standards

Talarity employs industry-standard encryption to protect your data. When we reference "256-bit encryption" on our platform, we are referring to the following specific protections:

20.1.1 Data in Transit

All data transmitted between your browser and our servers is protected using Transport Layer Security (TLS) 1.2 or higher. This encryption uses:

AES-256-GCM (Advanced Encryption Standard with 256-bit keys in Galois/Counter Mode) for symmetric encryption
ECDHE (Elliptic Curve Diffie-Hellman Ephemeral) for secure key exchange
RSA or ECDSA certificates for server authentication

This ensures that data cannot be intercepted or read by unauthorized parties during transmission.

20.1.2 Data at Rest

All customer data stored in our systems is encrypted at rest using AES-256 encryption. This applies to:

Database records - All Firestore documents containing your organization data, assessments, risk scores, and user information
File storage - All uploaded documents, evidence files, and reports stored in Cloud Storage
Backups - All automated backups of your data

20.2 Infrastructure Security

Talarity is built on Google Cloud Platform (GCP), which provides the following security measures:

SOC 1, SOC 2, and SOC 3 certified data centers
ISO 27001, ISO 27017, and ISO 27018 certified infrastructure
FedRAMP authorized (for applicable government workloads)
Automatic encryption key rotation managed by Google Cloud Key Management Service (KMS)
Physical security including 24/7 monitoring, biometric access controls, and security personnel

20.3 Authentication Security

User authentication is handled by Firebase Authentication, which provides:

Secure password hashing using industry-standard algorithms (bcrypt/scrypt)
Passwords are never stored in plaintext
Support for Single Sign-On (SSO) via SAML 2.0 and OIDC
Multi-factor authentication (MFA) support
Session token encryption and secure cookie handling

20.4 Your Responsibilities

While we implement robust security measures, you are responsible for:

Maintaining the confidentiality of your account credentials
Using strong, unique passwords
Enabling multi-factor authentication when available
Reporting any suspected security incidents promptly
Ensuring your organization's users follow security best practices

20.5 Security Certifications & Compliance

Talarity maintains the following security certifications and compliance standards:

SOC 2 Type II - Annual audit of security, availability, and confidentiality controls
GDPR compliant - Data protection for EU residents
CCPA compliant - Privacy protections for California residents

20.6 Incident Response

In the event of a security incident affecting your data, we will:

Notify affected customers within 72 hours of confirmed breach discovery
Provide details about the nature and scope of the incident
Describe the remediation steps being taken
Offer guidance on any actions you should take

20.7 Data Retention & Deletion

Upon termination of your subscription or account deletion request:

Active data will be retained for 30 days to allow for reactivation
After 30 days, data will be scheduled for permanent deletion
Encrypted backups may be retained for up to 90 days for disaster recovery
You may request immediate data deletion by contacting support@talarity.com

Beta Services and Early Access Features

1. Definitions

For purposes of this section, the following definitions apply:

"Beta Services" means any feature, functionality, service, module, tool, or component of the Platform designated as "Beta," "Preview," "Experimental," "Labs," or any similar designation indicating that it is in a pre-release or developmental state.
"Early Access Features" means any feature, functionality, service, module, tool, or component of the Platform designated as "Early Access," "Pre-GA," or any similar designation indicating that it has advanced beyond Beta status but has not yet achieved General Availability.
"General Availability" or "GA" means a feature or service that has been formally released for production use without any Beta, Early Access, or pre-release designation.

2. Beta Services — Provided "As Is" Without Warranty

Beta Services are provided on an "AS IS" and "AS AVAILABLE" basis, without warranty of any kind, whether express, implied, statutory, or otherwise. Without limiting the generality of the foregoing, Talarity expressly disclaims all warranties with respect to Beta Services, including but not limited to warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, reliability, availability, security, and compatibility.

By accessing or using any Beta Service, You acknowledge and agree that:

Beta Services are not production-ready and may contain bugs, errors, defects, and incompatibilities that could cause system failures, data loss, data corruption, security vulnerabilities, or other adverse effects;
Beta Services may be materially changed, suspended, deprecated, or permanently discontinued at any time and for any reason, with or without notice to You;
Beta Services are not subject to any Service Level Agreement (SLA), uptime commitment, support obligation, or performance guarantee of any kind;
Data entered into, processed by, or generated through Beta Services may not be preserved, migrated, or recoverable if the Beta Service is modified or discontinued;
Talarity shall have no liability whatsoever for any damages, losses, costs, or expenses arising out of or relating to Your use of, reliance upon, or inability to use any Beta Service, including but not limited to direct, indirect, incidental, consequential, special, exemplary, or punitive damages, regardless of the theory of liability;
Your use of Beta Services is entirely at Your own risk, and You assume full responsibility for any consequences resulting from such use.

3. Early Access Features — Pre-General Availability

Early Access Features represent functionality that has progressed beyond the Beta stage and is approaching General Availability, but has not yet been formally released for unrestricted production use. While Early Access Features are generally more stable and mature than Beta Services, they remain subject to significant limitations.

By accessing or using any Early Access Feature, You acknowledge and agree that:

Early Access Features are provided "AS IS" and "AS AVAILABLE," without warranty of any kind, and all disclaimers applicable to Beta Services as set forth in Section 2 above apply equally to Early Access Features;
Early Access Features may undergo material changes in functionality, user interface, data schema, API surface, configuration, behavior, or scope prior to or upon achieving General Availability, and such changes may not be backward-compatible;
Early Access Features may still contain defects, errors, or incomplete functionality that could impact data integrity, security, or system performance;
Talarity does not guarantee that any Early Access Feature will achieve General Availability, and any such feature may be materially altered or withdrawn at Talarity's sole discretion;
Any documentation, specifications, or representations regarding Early Access Features are subject to change without notice and do not constitute a binding commitment;
Early Access Features are not covered by any SLA unless explicitly stated otherwise in writing by Talarity.

4. Reallocation of Features and Services

You acknowledge and agree that while any feature, service, tool, functionality, or component of the Platform remains in Beta or Early Access status, Talarity reserves the right, at its sole and absolute discretion, to:

Reorganize, reassign, or migrate any such feature or service from one module, product area, tier, or service category to another;
Consolidate, split, merge, rename, or reclassify features and services across modules or product offerings;
Modify the licensing, entitlement, or access requirements applicable to any Beta or Early Access feature, including changes to which subscription tier, plan, or add-on is required to access the feature;
Alter the scope, capabilities, or limitations of any feature or service, including the addition, removal, or modification of sub-features, settings, integrations, or data processing capabilities.

Such reallocations, modifications, and reorganizations may occur without prior notice and shall not constitute a breach of this Agreement, a reduction in service, or grounds for any claim, refund, or credit. Talarity will make commercially reasonable efforts to communicate material changes, but the absence of such communication shall not affect Talarity's right to make such changes.

5. No Reliance; No Commitment to Release

You agree that You will not rely upon Beta Services or Early Access Features for production workloads, regulatory compliance, contractual obligations to third parties, or any purpose where the unavailability, modification, or discontinuation of such services could cause material harm to You or any third party. Nothing in this Agreement or in any communication by Talarity shall be construed as a commitment, obligation, or guarantee that any Beta Service or Early Access Feature will be released, maintained, supported, or made generally available in any particular form, timeframe, or at all.

6. Feedback and Usage Data

Talarity may collect usage data, telemetry, error reports, and performance metrics from Beta Services and Early Access Features for the purpose of improving, modifying, or evaluating such services. Any feedback, suggestions, enhancement requests, or other input You provide regarding Beta or Early Access functionality shall be deemed non-confidential and may be used by Talarity without restriction, attribution, or compensation.

7. Indemnification

You agree to indemnify, defend, and hold harmless Talarity, its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to Your use of any Beta Service or Early Access Feature, including but not limited to any use that exceeds the scope of the intended purpose or any use in a production environment in reliance upon pre-release functionality.

8. Survival

The disclaimers, limitations of liability, indemnification obligations, and other protective provisions set forth in this section shall survive the termination or expiration of this Agreement, the discontinuation of any Beta Service or Early Access Feature, and the transition of any such service or feature to General Availability (to the extent applicable to the pre-GA period of use).