Orbulous Beta Test Terms & Non-Disclosure Agreement

 

Last Updated: 1.1.2026

 

By accessing, using, testing, or participating in any beta, pre-release, test version, or related website content for Orbulous (the “Game”), you agree to be bound by these Beta Test Terms & Non-Disclosure Agreement (the “Agreement”). If you do not agree, do not access or use the Game or related materials.

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These terms are entered into between APPatheia LLC (“Publisher,” “we,” or “us”) and you (“Tester,” “you”).

 

1. Purpose and Scope

The Game is provided solely for evaluation, testing, and feedback purposes. The Game, related software, artwork, designs, mechanics, documentation, and all associated materials are pre-release and may be incomplete, unstable, or subject to change at any time.

 

2. Confidential Information & Non-Disclosure

As a Tester, you may receive access to confidential, proprietary, and trade secret information belonging to Publisher (“Confidential Information”), including but not limited to:

• The Game itself (software, gameplay, mechanics, visuals, audio, screenshots, video)

• Features, performance, functionality, and unreleased content

• Development plans, timelines, or potential release dates

• Documentation, communications, and feedback channels

You agree that you will not, without prior written consent from Publisher:

• Disclose Confidential Information to any third party

• Post, stream, publish, or publicly discuss the Game or its contents

• Share screenshots, videos, gameplay recordings, or impressions

• Copy, decompile, reverse engineer, or attempt to derive source code

These obligations apply during and after your participation in the beta until such information is publicly released by Publisher.

 

3. Ownership & Feedback

All rights, title, and interest in and to the Game remain the exclusive property of Publisher. Nothing in this Agreement grants you ownership or intellectual property rights of any kind.

Any feedback, suggestions, ideas, bug reports, or other information you provide (“Feedback”) may be used by Publisher for any purpose, without restriction, attribution, or compensation. You acknowledge that Publisher is under no obligation to use Feedback and will not owe you payment or royalties.

 

4. Assumption of Risk

You understand and agree that the Game is experimental and may contain errors, bugs, crashes, data loss, or other issues.

Your use of the Game is entirely at your own risk. You are responsible for backing up data and taking appropriate precautions to protect your device and information.

 

5. No Warranty & Limitation of Liability

THE GAME IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

PUBLISHER DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PUBLISHER SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST DATA, LOST PROFITS, OR DEVICE FAILURE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

6. Promotion & Likeness

If you voluntarily submit images, videos, recordings, testimonials, or other materials that include your likeness, voice, or gameplay, you grant Publisher a perpetual, worldwide, royalty-free license to use, edit, reproduce, and distribute such materials for lawful promotional, marketing, or informational purposes, without compensation.

You waive any right to inspect or approve finished materials and release Publisher from any related claims.

 

7. Eligibility

By participating, you represent that you are at least 18 years old, or that you have permission from a parent or legal guardian to participate.

 

8. General Provisions

a. Independent Relationship
Nothing in this Agreement creates a partnership, employment, or joint venture relationship.

b. Severability
If any provision is found unenforceable, the remaining provisions remain in effect.

c. Entire Agreement
This Agreement constitutes the entire agreement regarding the beta test and supersedes prior understandings. Publisher may update these terms at any time by posting a revised version.

d. Waiver
Failure to enforce any provision is not a waiver of future enforcement.

e. Governing Law
This Agreement is governed by the laws of the State of California.

f. Jurisdiction
You consent to exclusive jurisdiction and venue in the state and federal courts located in San Diego County, California.

 

9. Acceptance

By accessing or using the Orbulous website or Game, you acknowledge that you have read, understood, and agree to be bound by this Agreement.