Beta Software Terms & Conditions

1. Acceptance of Terms

By downloading, installing, or using any Phanda Studios software labelled "Pre-Release", "Beta", "Early Access", or similar designation (the "Beta Software"), you acknowledge that you have read, understood, and agree to be bound by these Pre-Release Beta Terms & Conditions (the "Beta Terms"). If you do not agree, you must not download, install, or use the Beta Software.

2. Nature of Beta Software

The Beta Software is provided for evaluation and testing purposes only. It is an incomplete, in-development product that may contain bugs, errors, defects, and security vulnerabilities. Features present in the Beta Software are subject to change, removal, or replacement without notice before the final commercial release.

3. No Warranty

THE BETA SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, DATA ACCURACY, OR SYSTEM INTEGRATION.

Phanda Studios does not warrant that the Beta Software will be error-free, uninterrupted, secure, or compatible with any specific hardware or software configuration. You assume all risks associated with the use of the Beta Software.

4. Licence Grant & Restrictions

Subject to your compliance with these Beta Terms, Phanda Studios grants you a limited, non-exclusive, non-transferable, revocable licence to install and use the Beta Software solely for your own internal evaluation and testing purposes.

• You may NOT redistribute, share, sublicense, sell, lease, rent, or otherwise make the Beta Software available to any third party.
• You may NOT reverse-engineer, decompile, disassemble, modify, or create derivative works of the Beta Software.
• You may NOT use the Beta Software in any production, commercial, or revenue-generating environment unless expressly authorised in writing by Phanda Studios.
• You may NOT remove, alter, or obscure any copyright, trademark, or proprietary notice embedded in the Beta Software.
• You may NOT use the Beta Software for any unlawful, malicious, abusive, or harmful purpose.

5. No Redistribution

The Beta Software is provided exclusively to individuals who download it directly from authorised Phanda Studios distribution channels. You may not upload, mirror, torrent, share, or redistribute the installer, binaries, or any extracted components by any means, electronic or otherwise.

Unauthorised redistribution may result in immediate revocation of your licence and may expose you to legal action under applicable intellectual property laws.

6. Feedback & Intellectual Property

Phanda Studios welcomes your feedback, bug reports, and suggestions regarding the Beta Software. By providing any such feedback, you grant Phanda Studios a perpetual, worldwide, irrevocable, royalty-free licence to use, reproduce, modify, and incorporate your feedback into our products and services without obligation to you.

All right, title, and interest in and to the Beta Software, including all intellectual property rights, remain the sole property of Phanda Studios (Pty) Ltd.

7. Data Collection & Telemetry

The Beta Software may collect anonymous usage data, crash reports, and diagnostic information to help improve the product. This data is handled in accordance with our Privacy Policy. No personally identifiable information is shared with third parties without your explicit consent.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PHANDA STUDIOS, ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, REVENUE, GOODWILL, OR USE, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF THE BETA SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Phanda Studios’ total aggregate liability under these Beta Terms shall not exceed R100 (one hundred South African Rand).

9. Termination

Phanda Studios may revoke your access to the Beta Software at any time, for any reason, without prior notice. Upon termination, you must immediately cease all use of the Beta Software and delete all copies from your systems.

The Beta Software may also include a time-limited expiry mechanism that disables the software after a certain date or upon the release of a newer version.

10. Indemnification

You agree to indemnify, defend, and hold harmless Phanda Studios and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, or expenses arising out of your use of the Beta Software or your violation of these Beta Terms.

11. Changes to These Terms

Phanda Studios reserves the right to modify these Beta Terms at any time. Updated terms will be posted on our website and your continued use of the Beta Software constitutes acceptance of the revised terms.

12. Governing Law

These Beta Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa. Any dispute arising from these Terms shall be subject to the exclusive jurisdiction of the courts of South Africa.

13. Contact

If you have questions about these Beta Terms, please contact us at support@phandastudios.com.