BETA TEST AND LICENSE AGREEMENT

Last edited October 2, 2025

This Beta Test and License Agreement (this "Agreement") sets forth the terms and conditions upon which Sesame AI, Inc., a Delaware corporation (referred to herein as "Company," "we," "us" or "our") offers third parties (referred to herein as "you" or "your") access to the pre-release, beta version(s) of the Company’s products, services and/or features, along with any updates, additions or expansions thereto (collectively referred to herein as the "Product").


Licensed use of the Product is by direct and personal invitation from the Company only. If you do not have such an invitation from the Company, then you are not licensed use the Product. By creating an account (an "Account") for and using the Product, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, do not use or log in to the Product.

  1. AGREEMENT TO BE BOUND; LICENSE

    1. Acceptance. By creating an Account or by otherwise using or logging in to the Product, you assert that you have read and understand this Agreement and agree to be bound by it. A copy of this Agreement can be located at https://www.sesame.com/beta-test-license-agreement. We reserve the right to modify and update this Agreement at any time. Notice of such modifications and updates will be communicated to you upon logging in to the Product. Any such modifications or updates are effective and enforceable against you upon such communication to you. If you do not agree to any modification or update to this Agreement, please either (i) cancel your Account or (ii) send a request for cancellation of your Account to info@sesame.com and do not use your Account after sending such request.

    2. License to Use the Product. Subject to this Agreement, we hereby grant to you a limited, terminable, non-exclusive, non-transferable, royalty-free license to use and log in to the Product solely for the purposes of testing, research, evaluation and providing feedback with respect to the Product. All title, interest, and ownership rights in and to the Product and associated documentation, including any improvements, modifications, and enhancements made thereto, are and shall remain in the Company. Except for those rights expressly granted herein, no other rights are granted, either express or implied, to you.

  2. ACCOUNTS AND SECURITY

    1. Account Information. You hereby promise that all information that you submit or previously submitted during the Account registration process is or was true and accurate.

    2. Account Security. You are responsible for maintaining the confidentiality of your Account username and password. You agree to notify us immediately of any unauthorized use or theft of your Account or any other breach of security (and to provide properly documented evidence as reasonably requested by us). As the Account holder, you are responsible for any and all actions taken "in Product" by your friends, family, or any other person that obtained access to your Account.

    3. Account Sharing or Transfers. You may not share or transfer your Account. Any distribution of your username and password is prohibited and may result in cancellation of your Account, as well as other legal remedial action by the Company. You may not use, or attempt to gain access to, whether authorized or not, anyone else's Account at any time.

    4. Termination of Accounts

      1. Termination by Us. You expressly acknowledge and agree that the Product is provided by us at our discretion and access to or use of the Product may be terminated or otherwise discontinued, in whole or in part, at any time. Accordingly, we have the right to terminate or suspend your Account(s) at any time for any reason or for no reason.

      2. Cancellation by You. You have the right to cancel your Account at any time. You can cancel your Account by contacting info@sesame.com. You understand and agree that, except as expressly provided by law, the cancellation of your Account is your sole right and remedy with respect to any dispute with us. This includes, but is not limited to, any dispute related to, or arising out of this Agreement or your ability to use the Product.

      3. Effect of Account Termination or Cancellation. In the event that your Account is terminated, suspended or canceled, you will no longer have access to your Account or anything associated with it, and the licensed granted under this Agreement shall automatically terminate. Sections 2 through 8 of this Agreement shall survive the termination or cancellation of any Accounts for any reason.

  3. INTELLECTUAL PROPERTY RIGHTS

    1. Ownership of the Product. The Product is a copyrighted work owned by us. All right, title and interest, including all copyrights, in and to the Product (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the Product), any accompanying printed materials are owned by us. All rights not expressly granted to you through this Agreement are reserved by us.

    2. User Content and Feedback. As part of the Product experience, you may provide Content or Feedback (each as defined in the Terms of Use (defined below)) with respect to the Product, and you agree to the terms and conditions of Content and Feedback as outlined in the Terms of Use, including with respect to our right to use such information to (i) provide, maintain, develop, and improve our Services (including, to develop, train, test, or improve artificial intelligence, machine learning, or language learning models or systems), (ii) comply with applicable law, (iii) enforce our terms and policies, and (iv) keep our Services safe. We have no obligation to monitor Content or Feedback related to the Product. However, we reserve the right to review Content and Feedback and take any action we deem necessary as to such Content and Feedback, including but not limited to editing or removing your Content or Feedback and/or suspending or terminating your access to the Product based on your violation of this Agreement or the Terms of Use.

    3. Assignment of Rights. For clarity, it is expressly agreed that all rights, title and interest, including all copyrights, to all Feedback are owned by us. You agree not to disclose Feedback to any third party, and you hereby assign and convey to us any rights and interests to or in Feedback you may provide during the term of this Agreement. To the extent that such assignment is held to be invalid or unenforceable, you hereby grant to us a perpetual, exclusive, transferable, royalty-free license to use any Feedback.

  4. RESTRICTIONS AND CONDITIONS OF USE

    1. Terms of Use; Privacy Policy. You hereby affirm and agree to those restrictions and conditions of use set forth in the Terms of Use located athttps://www.sesame.com/terms(the "Terms of Use"), which is incorporated herein by reference, and you hereby consent to the Company's collection and processing of Personal Information as set forth in the Privacy Policy, found athttps://www.sesame.com/privacy, which is incorporated herein by reference.

  5. CONFIDENTIALITY AND NONDISCLOSURE

    1. The Product, including its existence and features, and related information are proprietary and confidential information to us. You agree not to use any such information other than as necessary under this Agreement. You also agree not to disclose or distribute any information whatsoever regarding the Product, documentation, your experiences in the beta test, or any information related to, in connection with or derived under this Agreement (including but not limited to features, results of use or testing, discussions on any beta forums, any Feedback, Product items, Product inhabitants or Product locations) to any third party, or to any party subject to this Agreement other than on the official beta forums provided by us. For the avoidance of doubt, you may not use the beta test or any information gained from access to the beta test to produce or publicly distribute, before or after the commercial release of the Product, or any product or material based on such information.

  6. DISCLAIMER OF WARRANTIES

    1. In no event shall we be obligated to provide you a copy of the commercial release version of the Product in connection with your participation in the testing program.

    2. By agreeing to the terms of this Agreement or accessing or using the Product, you understand, acknowledge and agree that the Product identified above (a) is in the beta stage of development, which means it is not a final product and may contain defects, bugs, errors and other issues; and (b) is being provided for limited evaluation purposes only and subject to the terms contained herein. YOU EXPRESSLY AGREE THAT THE USE OF THE PRODUCT IS AT YOUR SOLE RISK. THE PRODUCT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE PRODUCT AT TIMES OR LOCATIONS OF YOUR CHOOSING.

  7. SOLE AND EXCLUSIVE REMEDY; LIMITATION OF LIABILITY; INDEMNIFICATION

    1. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO STOP USING THE PRODUCT AND TO CANCEL YOUR ACCOUNT.

    2. THE COMPANY ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, PRODUCT AVAILABILITY, OR SERVICE INTERRUPTIONS WHETHER OR NOT CAUSED BY THE COMPANY. YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY AND ITS EMPLOYEES, OFFICERS AND AFFILIATES ("COMPANY PARTIES") ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT WITH RESPECT TO THE PRODUCT, INCLUDING ON ANY BETA FORUMS. IN NO CASE SHALL THE COMPANY PARTIES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE PRODUCT, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE PRODUCT OR INTERACTIONS WITH US. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions the liability of the Company Parties shall be limited to the fullest extent permitted by law.

    3. You hereby agree that any breach of the terms of the Agreement could cause the Company irreparable harm for which monetary damages may be difficult to ascertain or an inadequate remedy at law. Therefore, you agree we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches or threatened breaches of this Agreement, in addition to such other remedies as we may otherwise have available to us under applicable laws. In the event any litigation is brought by either party in connection with this Agreement, the prevailing party in such litigation shall be entitled to recover from the other party all the costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation.

    4. You agree to indemnify and hold the Company Parties harmless from any liabilities, costs, claims, demands, or damages, including reasonable attorneys' fees, asserted by any third party due to or arising out of: (i) any breach by you of this Agreement, or (ii) your use or access of the Product Client or Product Servers.

  8. GENERAL

    1. This Agreement is governed by the internal laws of the State of Delaware, without regard to conflict of laws principles. You hereby irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts sitting in the State of Delaware, for all disputes arising out of or relating to this Agreement or the Product.

    2. We may assign this Agreement, in whole or in part, at any time. You may not assign this Agreement without our prior written approval.

    3. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement shall continue in effect.

    4. This Agreement constitutes the entire agreement between you and us with respect to the Product and such agreement supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and us with respect to the Product.

    5. Our failure to enforce at any time any of the provisions of this Agreement shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

    6. All notices given by you or required under this Agreement shall be in writing and addressed to: info@sesame.com.