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PROFITILITY – BETA TESTER AGREEMENT

Effective Date: May 1, 2026
Application: Profitility
Company: Grindstone Holdings LLC
Governing Law: State of Tennessee, United States
Version: 1.1

This Beta Tester Agreement (“Agreement”) governs your participation in the Profitility beta testing program (“Beta Program”) for the Profitility mobile application and related services (collectively, the “Service”).

By participating in the Beta Program, you agree to this Agreement.

1. Purpose

The Beta Program allows users to access pre-release versions of the Service for testing, feedback, and performance evaluation.

Participation is voluntary and does not guarantee future access to any features or services.

2. Eligibility

To participate, you must:
• Be at least eighteen (18) years old
• Have an active account in good standing
• Comply with applicable laws

3. License & Access

You are granted a limited, non-exclusive, non-transferable, revocable license to access the Beta Program.

Beta features are provided for personal, non-commercial use only.

Beta functionality may be modified, suspended, or removed at any time.

4. Feedback & Intellectual Property

You may provide feedback regarding your Beta experience, including bug reports and feature suggestions.

All feedback submitted is the exclusive property of Grindstone Holdings LLC.

You grant the Company a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate feedback for any purpose.

5. Confidentiality

Beta Program materials and features are confidential.

You shall not disclose, share, or distribute Beta content to any third party.

Screenshots or recordings of Beta features are prohibited unless explicitly authorized by the Company.

Confidentiality obligations survive termination of participation.

6. Risks & Disclaimer

The Service is provided “AS IS” and “AS AVAILABLE.”

To the maximum extent permitted by law, the Company disclaims all warranties, including merchantability, fitness for a particular purpose, and non-infringement.

Participation may result in data loss, errors, or system instability.

You assume all risks associated with participation.

7. Data Collection

The Company may collect usage data, performance logs, bug reports, and system diagnostics during Beta participation.

This data is used solely to improve the Service.

8. Termination

The Company may suspend or terminate Beta access for violation of this Agreement, fraud, abuse, or operational necessity.

You may withdraw from the Beta Program at any time.

Upon termination or withdrawal, Beta access will be disabled.

Confidentiality and intellectual property obligations survive termination.

9. Non-Affiliation

Participation in the Beta Program does not imply affiliation with, endorsement by, or sponsorship from any third-party platform.

10. Limitation of Liability

To the fullest extent permitted by law, Grindstone Holdings LLC shall not be liable for indirect, incidental, special, consequential, or punitive damages, including lost profits, lost wages, or data loss.

Total liability shall not exceed fifty dollars ($50).

11. Indemnification

You agree to indemnify and hold harmless Grindstone Holdings LLC from claims arising from:
• Your participation in the Beta Program
• Your violation of this Agreement
• Your misuse of the Service
• Your violation of applicable law

12. Governing Law

This Agreement is governed by the laws of the State of Tennessee, United States, with venue and jurisdiction in Hamilton County, Tennessee.

13. Arbitration

Any dispute arising out of or relating to this Agreement shall be resolved by binding arbitration in Hamilton County, Tennessee, except where prohibited by law. You waive the right to participate in class actions or class-wide proceedings.

14. Modifications

The Company may modify this Agreement at any time. Continued participation in the Beta Program constitutes acceptance of the revised Agreement.

Material changes may be communicated through:
• In-app notification
• Email (if available)
• Updated Effective Date

15. Contact Information

Grindstone Holdings LLC
PO Box 492
Collegedale, TN 37363
support@profitility.app