This Beta Test Agreement (this “Agreement”) is entered into between Commerce Street Gaming, Inc., a Texas corporation doing business as The Mahj Room (“The Mahj Room,” “we,” “us,” or “our”), and the person who has been invited to test the pre-release (beta) version of our American Mahjong application and related services (“you” or “Tester”). This Agreement governs your access to and use of the beta version of the Mahj Room application and any related content, tile designs, features, and services (collectively, the “Beta Service”).

The Beta Service is offered by invitation only, on a private and confidential basis, so that we can test and improve it before a public release. By accessing or using the Beta Service, you agree, as of the date you first do so (the “Effective Date”), to be bound by this Agreement. Please read it carefully and keep a copy. If you do not agree, do not access or use the Beta Service.

Company: Commerce Street Gaming, Inc. (a Texas corporation) d/b/a The Mahj Room. Address: 2100 Elton Ln., Austin, TX 78703. Beta site: play.themahjroom.app. Contact: [email protected].

1. Eligibility and Invitation.

You must be at least 18 years of age to use the Beta Service. Access is granted by invitation only and is personal to you. You may not share your access, invitation, or login credentials with, or allow use of the Beta Service by, any other person. We may accept or decline any tester, and may add, limit, suspend, or revoke access at any time in our sole discretion.

2. License to Use the Beta Service.

Subject to this Agreement, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Beta Service solely for your own evaluation and testing during the term of this Agreement. The Beta Service is licensed, not sold, to you. All rights not expressly granted are reserved to us and our licensors.

3. Beta Nature of the Service.

You understand that the Beta Service is a pre-release product made available for testing purposes only. It may contain bugs, errors, and inaccuracies, may be incomplete or change at any time, and may not operate reliably. Features may be added, modified, or removed without notice, and your data, progress, or settings may be reset or lost. We are under no obligation to release a commercial version of the application or to provide any particular feature, support, maintenance, or updates.

4. Confidentiality of Tile Designs and Other Confidential Information.

You acknowledge that the Beta Service and everything provided to you in connection with it — including without limitation our proprietary and patent-pending Mahjong tile designs (including our distinctive stripe-bearing tile designs), artwork, graphics, gameplay features, screens, layouts, unreleased features, the existence and terms of this Agreement, and any other non-public information we make available to you (collectively, “Confidential Information”) — constitute valuable, proprietary, and trade-secret information of The Mahj Room. During the beta and thereafter, you agree that you will not: (a) disclose, publish, post, stream, or show any Confidential Information to any other person; (b) capture, reproduce, screenshot, screen-record, photograph, or distribute any of our tile designs, artwork, or other features; or (c) use any Confidential Information for any purpose other than testing the Beta Service as permitted here. You will not publicly announce, describe, or disclose any of our unreleased tile designs or features until we have publicly released them. You agree to promptly report to us any actual or suspected loss or unauthorized disclosure of Confidential Information. Because money damages may be inadequate, you agree that we may seek injunctive relief to prevent any breach or threatened breach of this Section, without the need to post a bond, in addition to any other remedy available to us.

5. Ownership and Intellectual Property.

All right, title, and interest in and to the Beta Service and all related intellectual property — including the application, software, tile designs (including our patent-pending stripe-bearing tile designs, U.S. Design Patent Application Serial No. 30/071,987), artwork, graphics, trademarks, and any improvements, modifications, and enhancements — are and will remain owned by us and our licensors. Except for the limited license expressly granted in this Agreement, no rights are granted to you, whether by implication, estoppel, or otherwise. “The Mahj Room” and our logos are our trademarks; you may not use them without our prior written consent.

6. Feedback.

From time to time you may give us comments, suggestions, bug reports, or other feedback about the Beta Service (“Feedback”), and we may reasonably request that you do. You agree that we may freely use all Feedback for any purpose, including to improve our products and services, without restriction, attribution, or compensation to you. You hereby assign to us all right, title, and interest in and to your Feedback. To the extent that assignment is not effective, you grant us a perpetual, irrevocable, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, modify, and otherwise exploit the Feedback without restriction.

7. Your Data.

You retain ownership of the information you provide to us through the Beta Service (“Your Data”). You grant us a worldwide, non-exclusive license to use Your Data to: (a) operate and provide the Beta Service to you; (b) monitor, test, and improve the Beta Service; and (c) create and use aggregated or de-identified data that does not identify you, for any purpose. Our handling of personal information is described in our Privacy Notice, which is incorporated into this Agreement by reference. Because this is a beta, please do not rely on the Beta Service to store anything important, and keep your own copies of anything you do not want to lose.

8. Acceptable Use.

You agree that you will not, and will not attempt to: (a) rent, lease, lend, sell, sublicense, or otherwise transfer or make the Beta Service available to any third party; (b) copy, modify, translate, or create derivative works of the Beta Service; (c) decompile, disassemble, reverse engineer, or attempt to derive the source code of the Beta Service, except to the limited extent this restriction is prohibited by applicable law; (d) remove, obscure, or alter any proprietary notices; (e) access or use the Beta Service to build a competing product or to copy its features or designs; (f) introduce any malware or attempt to gain unauthorized access to, disrupt, or place an unreasonable burden on the Beta Service or its systems; or (g) use the Beta Service in violation of any applicable law or the rights of any third party.

9. Term and Termination.

This Agreement takes effect on the Effective Date and continues until terminated. It will terminate automatically upon the earlier of (a) our making a commercial or general-release version of the application available to you under new terms, or (b) termination by either party. We may suspend or terminate your access to the Beta Service, and remove or delete Your Data, at any time and for any reason, with or without notice, including if we believe you have violated this Agreement or if we discontinue the beta. Upon termination, the license granted to you ends and you must stop using the Beta Service and destroy any Confidential Information in your possession. Sections 4 through 13 survive termination.

10. Disclaimer of Warranties.

THE BETA SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. DATA MAY BE DAMAGED, CORRUPTED, OR LOST IN CONNECTION WITH THE BETA SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, WE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY OF DATA, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

11. Limitation of Liability.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE BETA SERVICE WILL NOT EXCEED FIFTY U.S. DOLLARS (US$50). IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST DATA, OR LOSS OF USE), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

12. Governing Law and Venue.

This Agreement is governed by the laws of the State of Texas, without regard to its conflict-of-laws principles. You agree that the exclusive venue for any dispute arising out of or relating to this Agreement or the Beta Service will be the state and federal courts located in Travis County, Texas, and you consent to the personal jurisdiction of those courts.

13. General.

This Agreement is the entire agreement between you and us regarding the Beta Service and supersedes any prior understandings on that subject. You may not assign this Agreement without our prior written consent; we may assign it freely. Our failure to enforce any provision is not a waiver. If any provision is held unenforceable, the remaining provisions remain in full force and effect. You agree to comply with all applicable U.S. and foreign export-control laws in connection with the Beta Service. We may update this Agreement, and your continued use of the Beta Service after an update means you accept the updated terms.

Questions about this Agreement? Contact us at [email protected].

Commerce Street Gaming, Inc. d/b/a The Mahj Room · 2100 Elton Ln., Austin, TX 78703 · themahjroom.app