Wix Component Studio (Alpha)
Effective from February 8, 2021
Thank you for your interest in being an Alpha tester for our Wix Component Studio!
We appreciate your willingness to use our product and dedicate time to provide feedback to our team.
As with any Alpha or beta tests, you will be asked to agree to several conditions before you begin testing materials.
Don't worry, we're not asking for much! Here's a summary of the main terms detailed below:
You are testing an alpha product, which may include bugs and errors.
The alpha product is provided “as-is”, without any warranties and with no liability.
The alpha product’s features, your role as a tester and the info you learn as a tester are all confidential and should not be shared.
You give us ownership over any feedback you provide, and we may use it freely.
We’re looking forward to having you try our Wix Component Studio and can’t wait for your feedback!
If any of these WCS (Alpha) Terms conflict with the Wix ToU, the WCS (Alpha) Terms will govern with respect to your use of the WCS (Alpha). Capitalized terms used herein, unless otherwise defined, shall have the meaning ascribed to them in the Wix ToU. Any heading, section title, and explanation or summary in the “#TLDR” paragraphs, is provided only for convenience and it is not legally binding.
PLEASE READ THE TERMS CAREFULLY BEFORE DOWNLOADING, INSTALLING, ACCESSING OR USING THE WCS (ALPHA), AS YOU AGREE TO BE BOUND BY THESE TERMS BY DOING SO.
IF YOU DO NOT AGREE TO THE TERMS, DO NOT USE OR ACCESS THE WCS (ALPHA) IN ANY WAY.
We may modify these WCS (Alpha) Terms at any time, and by continuing to access, test, or use the WCS (Alpha) after any such modification, you agree to be bound by them.
1. The WCS (Alpha) is Alpha and is “as is”
Legal language: By accepting these WCS (Alpha) Terms or using the WCS (Alpha), you understand and acknowledge that the WCS (Alpha) is being provided as a “Alpha” version and made available on an “As Is” or “As Available” basis, without representations or warranties of any kind (including any such representations or warranties that may be included in the Wix ToU). The WCS (Alpha) may contain bugs, errors, and other problems, suffer disruptions and not operate as intended or designated. YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR USE OF THE WCS (ALPHA). Wix shall make a reasonable effort, but shall not be obligated to, provide any updates and/or any maintenance, technical, or other support for the WCS (Alpha).
#TLDR: We are still developing our WCS (Alpha) and therefore it may have bugs and errors. Use it at your own risk - be brave!
2. Limited License; Use of Services and Restrictions
Legal language: Wix grants you a personal, non-exclusive, non-transferable, fully revocable, limited license to download and install the WCS (Alpha), and to test and use it only as permitted under these WCS (Alpha) Terms and subject to all applicable laws, in a reasonable and fair manner.
#TLDR: We only give you a license to play with and try the WCS (Alpha). You are not the owner of it so do not do what only the owners are allowed to do with it.
Legal language: The WCS (Alpha) is made available to you for the purposes of evaluation and provision of suggestions, comments or any other feedback about the WCS (Alpha), whether upon request or voluntarily (the “Feedback”). Any such Feedback shall be exclusively owned by Wix without any compensation or reimbursement of any kind to you.
You expressly acknowledge and agree that Wix may use such Feedback in order to, among other things and without limiting the freedom of Wix to use the Feedback: (i) further develop, customize and improve the WCS (Alpha), Wix’s data security, and fraud prevention capabilities or any other Wix services, (ii) freely use, disclose, reproduce, license, distribute, incorporate and otherwise commercialize such Feedback; (iii) contact you with general or personalized Wix-related notices and/or interview requests based on your Feedback or otherwise, (iv) facilitate, sponsor and offer certain promotions, and monitor performance, and (v) create aggregated statistical data and other aggregated and/or inferred information, which Wix may use to provide and improve its services. In addition, you (1) represent and warrant that, to the best of your knowledge, such Feedback is accurate and does not infringe on any third party rights; (2) irrevocably assign to Wix any right, title, and interest you may have in such Feedback and (3) explicitly and irrevocably waive any and all claims relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide in or to such Feedback.
#TLDR: We’d love to hear your thoughts on the WCS (Alpha) (especially what’s not working!). This is why we invited you to use it in the first place. Just note we own your feedback and we may use it freely.
4. Intellectual Property
Legal language: Your Intellectual Property. As between Wix and you, you shall own all intellectual property pertaining to any and all content created, uploaded, or provided by you (or by us on your behalf), by or to the WCS (Alpha), including (but not limited to) any designs, images, animations, videos, audio, or other media, logos, code, illustrations, compositions, artworks, interfaces, usernames, the information you provide for the purpose of, text and any other materials. Wix does not claim ownership rights on your content.
Your Intellectual Property. All rights, title, and interest in and to the WCS (Alpha), including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law (including (but not limited to) any artwork, graphics, images, website templates and widgets, source and object code, computer code (including HTML), applications, media, designs, animations, interfaces, documentation, derivatives, and versions thereof, the “look and feel” of the Wix Services, methods, products, algorithms, data, interactive features, and objects, inventions, trade secrets, logos, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered, and any derivations thereof), as well as the Feedback, are owned by and/or licensed to Wix.
Your use of the WCS (Alpha) confers no title or ownership in the WCS (Alpha) and is not a sale of any rights in the WCS (Alpha). You agree to execute and deliver any statements or documents Wix may reasonably request to protect our right, title, and interest in and to the WCS (Alpha).
#TLDR: What’s yours is yours and what’s ours is ours. We want to help you create great components and we have no intention to claim your stuff. We expect the same from you.
5. Confidential Information
Legal language: You hereby acknowledge that: (1) the WCS (Alpha), including any and all functionalities, technology and information embedded therein, (2) the mere existence of the WCS (Alpha), (3) the fact that you will be testing the WCS (Alpha), (4) any Feedback that you may have on the WCS (Alpha), and (5) any and all non-public information to which you will have access to, or which has been or will be disclosed to you, in connection with the WCS (Alpha) (collectively referred to herein as the “Confidential Information”) are confidential (except to the extent made public by us) and proprietary information of Wix, and you further acknowledge that you do not and shall not acquire any rights in the Confidential Information which is and shall remain the exclusive property of Wix.
You agree: (1) to protect the confidentiality of the Confidential Information, using at least the same degree of care as you use to protect your own confidential information; (2) not to disclose the Confidential Information to any person or entity, nor to use such Confidential Information for any purpose, other than testing the WCS (Alpha) and providing your Feedback to Wix; provided, however, that you will remain responsible for each such person's or entity's compliance with and breach of the confidentiality terms herein; and (3) not to publish or otherwise disclose information relating to the WCS (Alpha) or its performance or quality to any third party, without our prior written approval.
#TLDR: At this stage, our WCS (Alpha) is still in stealth mode, and so are your part in testing it and your Feedback and impression of it. You should keep all that to yourself- it’ll be our little secret.
6. Modification and Termination of the WCS (Alpha)
Legal language: Wix reserves the right to, at Wix’s sole discretion, modify, change, stop supporting, suspend, cease the development of, or terminate the WCS (Alpha) (or any part thereof), or suspend your access to the WCS (Alpha), at any time, for any reason without any liability to you. Upon termination of these terms, or of the WCS (Alpha) you will cease using the WCS (Alpha) and return to Wix, or destroy if so requested by Wix, all Confidential Information in your possession or control, and we may delete all the data associated with you in connection with the WCS (Alpha) that we store in our systems.
#TLDR: There is a chance we decide to modify the WCS (Alpha), stop supporting it, or even terminate it altogether. We REALLY hope that won’t happen, but we can’t tell for sure.
8. Disclaimer of Warranties and Limitation of Liability
Legal language: You hereby acknowledge and agree that the WCS (Alpha) is provided by Wix on an “as is” and “with all faults” basis, and as available. To the extent permitted by applicable law, Wix expressly disclaims all and you receive no warranties and conditions of any kind, whether express or implied, including, but not limited to, those of merchantability, whether express, implied or statutory, satisfactory quality, title, fitness for a particular purpose and non-infringement. We make no warranty that the WCS (Alpha) will meet your requirements, that the WCS (Alpha) will be uninterrupted, timely or error-free, and/or that the WCS (Alpha) complies with any laws applicable to you. Furthermore, Wix makes no warranty as to the results that may be obtained from the use of the WCS (Alpha) or the accuracy of any information obtained via the WCS (Alpha) (including any provided documentation and/or examples).
When you choose to download any material or data, install, access, and/or use the WCS (Alpha) (or any part thereof), you do so on your own initiative and at your sole risk and you will be solely responsible for any damage to your computer system, software, information or data resulting from any such actions.
Notwithstanding (and in further limitation of) the liability in the Wix ToU, our aggregate liability arising out of or relating to any download, installation, access, testing of or use of the WCS (Alpha) shall not exceed one hundred US dollars ( USD $100).
#TLDR: You’re one of the first to use our WCS (Alpha)! Since we’re currently still developing and improving it, we provide the WCS (Alpha) without any warranties and with very limited liability.
9. Term and Termination
Legal language: The term of these WCS (Alpha) Terms will begin on the date you first accept them (whether via an online click-through or a signed agreement or by using the WCS (Alpha) and, unless terminated earlier in accordance with the Terms, will continue until the earlier of (i) the date we, in our sole discretion, make the WCS (Alpha) generally publicly available (after which any permitted use shall be subject to the Wix ToU and any other applicable terms provided by us), or (ii) the date we discontinue the WCS (Alpha). These WCS (Alpha) Terms, may be terminated by either party: (a) with cause immediately upon written notice; or (b) without cause upon thirty (30) days' prior written notice. Sections 2, 3, 4, 5, and 8 and the provisions of the Wix ToU will survive the expiration or termination of these terms.
#TLDR: We’re in this together, right from the date you accept these terms or start using the WCS (Alpha); but either of us can step off, if we feel like we need a break. We’ll remain friends, though.
10. Entire Agreement
Legal language: These WCS (Alpha) Terms, together with the Wix ToU, contain the whole agreement between you and Wix relating to the use of the WCS (Alpha), except to the extent specified otherwise in any other written binding agreements between the parties, and supersede all previous agreements. You acknowledge that in agreeing to the Terms you have not relied on any representation, warranty or other assurance except those set out in the Terms.
#TLDR: Everything we agree on is included in these terms and in the Wix ToU. If we haven’t specifically agreed otherwise, you can ignore all other understandings between us.