Demo, Sandbox and Trial Terms

These Demo, Sandbox and Trial Terms (the "Trial Terms") are an Addendum to the Terms of Service of Vitabyte, Inc. ("Vitabyte"). They apply to every form of early, free or limited access to the Services (together, "Evaluation Access"), including:

• demo accounts and demo environments for any product, including Translink, VITAPOS, VitaRemote, VITABYTE CRM, Angie, Angie Eats and F&B inventory;
• sandboxes, test environments and developer sandboxes, including sandbox API keys;
• free or paid trials and pilots;
• previews, beta features and early-access programs;
• evaluation copies of Software, including APKs, agents and installers given for testing; and
• anything shown during a sales demonstration, meeting, webinar, screen share or due-diligence review, including code, designs, screens, roadmaps, workflows and data models, whether or not you hold an account.

The Terms, including the Acceptable Use Policy and the Protected Conduct Clauses in sections 9 to 12 of the Terms, apply in full to Evaluation Access. If these Trial Terms conflict with the Terms on a point about Evaluation Access, these Trial Terms apply. Words with capital letters have the meanings given in the Terms.

Every person gets their own account. Each person who uses Evaluation Access must have their own personal account in their own name, using their own work email address. Vitabyte does not issue shared demo logins. A password, link, code or key given to one person may not be passed to anyone else, posted, or used by more than one person.

Accept before use. Before Evaluation Access opens, each person must tick the box beside these Trial Terms, the Terms and the Acceptable Use Policy. The box is never ticked in advance. Clicking a link to a demo or receiving a password is not acceptance and does not grant access; access begins only after you tick. Where a person accepts for an organization, they also type their full name and job title as an electronic signature binding that organization, under the federal E-SIGN Act and the New York Electronic Signatures and Records Act.

Records. You consent to Vitabyte recording your acceptance, including the document version, a SHA-256 hash of the text, the time, your IP address and your user agent, in an append-only record, and to Vitabyte logging your activity during Evaluation Access.

Sales demonstrations. If you attend a demonstration without an account, for example on a video call or in person, you agree, by attending and by any acceptance you give in the meeting invitation or sign-in, that sections 4 and 5 of these Trial Terms apply to everything you see and hear. Vitabyte may decline to show material to anyone who has not accepted.

Evaluation Access is offered so that a business can decide in good faith whether to become a Customer. You confirm that you are evaluating the Services for that purpose, for your own business or for a business that has asked you to evaluate them and is named when you register.

Competitors, consultants, analysts and investors. If you are, work for, or advise a business that offers or is developing a product that competes with any of the Services, you may not use Evaluation Access, attend a demonstration, or receive evaluation materials, unless Vitabyte has first agreed in a signed writing that names you and states the permitted purpose. This includes employees, contractors and agents of competitors, consultants and system integrators acting for a competitor, industry analysts, and anyone reviewing the Services for an investment, acquisition, financing or other transaction (due diligence). Due-diligence access is given only under a separate signed confidentiality agreement or written permission, and these Trial Terms apply in addition to it. Using a personal email address, a third party or a new business name to obtain Evaluation Access in order to avoid this section is a material breach.

In addition to everything the Terms and Acceptable Use Policy prohibit, during and after Evaluation Access you may not:

1. benchmark the Services, run comparative or performance tests, or publish, present or share any comparison, review or test result;
2. take screenshots, screen recordings, video, audio, photographs or notes of the Services, demonstrations or Documentation for publication, for sharing outside your own evaluation team, or for any competitive purpose;
3. record any demonstration, meeting or screen share without Vitabyte's prior consent given in that meeting;
4. scrape, crawl, copy, export or extract screens, settings, menus, data models, workflows, help content or Documentation, by hand at scale or by automated means;
5. feed anything from Evaluation Access into an AI agent, large language model, embedding, vector store, retrieval index or training, fine-tuning or evaluation dataset;
6. reverse engineer, decompile, disassemble, intercept or inspect the traffic of any app, APK, agent, firmware, protocol or licence check, or circumvent any time limit or usage limit;
7. use what you see or learn to design, build, improve or market a competing product, or help anyone else do so; or
8. use Evaluation Access for live business operations, live payments or real customer, guest, employee or card data, unless Vitabyte has switched that environment to a paid, live subscription.

Everything you see during Evaluation Access, including features not yet released, pricing, roadmaps, code, designs and screens, is Vitabyte's confidential information under the Terms. You will use it only to evaluate the Services, share it only with colleagues who need it for that evaluation and who have accepted these Trial Terms, and not disclose it to anyone else.

Data shown in demo accounts and sandboxes is fictitious. Any resemblance to a real business, person, merchant, card or transaction is coincidental. Do not enter real personal information, card data or confidential business data into a demo or sandbox. Vitabyte may reset, change or delete demo and sandbox data, and your own entries, at any time and without notice. Demo and sandbox data is not backed up and will not be transferred to a paid account unless Vitabyte agrees in writing.

Evaluation Access lasts for the period shown when it is granted, or, if none is shown, for thirty days. Vitabyte may shorten, extend, suspend or end it at any time, for any reason, with or without notice. Evaluation Access ends automatically when the period expires, when you breach these Trial Terms, or when the business you represent becomes a Customer and moves to a paid subscription. When it ends, you will stop using the Services, uninstall any evaluation Software and delete any evaluation materials you hold. Sections 3 to 5, 9 and 10 survive the end of Evaluation Access.

If you decide to buy, Evaluation Access may be converted to a paid subscription under the Terms, the applicable product Addendum and an Order Form or the pricing shown at purchase. A trial converts to a paid subscription only when you take an express step to buy it, such as signing an Order Form or confirming a purchase in the console; it never converts automatically. Features available in a trial or preview may differ from those in the subscription you buy.

EVALUATION ACCESS IS PROVIDED "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS", WITHOUT WARRANTY, SUPPORT COMMITMENT OR SERVICE LEVEL OF ANY KIND. Previews and beta features may be incomplete, may change and may never be released. TO THE FULLEST EXTENT THE LAW ALLOWS, VITABYTE'S TOTAL LIABILITY ARISING FROM EVALUATION ACCESS IS LIMITED TO USD 100. This limit does not reduce your liability to Vitabyte.

A breach of section 3, 4 or 5 of these Trial Terms is a material breach of the Protected Conduct Clauses of the Terms. Vitabyte may end access immediately and is entitled to injunctive relief without posting a bond, and to liquidated damages for each material breach equal to the greater of USD 50,000 or three times the fees paid or payable to Vitabyte in the twelve months before the breach, as section 12 of the Terms sets out. The parties agree that this amount is a reasonable pre-estimate of harm that is difficult to measure, and not a penalty. Where a person breaches these Trial Terms while acting for an organization, the person and the organization are each responsible.

Disputes are governed by New York law and resolved exclusively in the courts named in section 27 of the Terms, with the jury waiver and class-action waiver stated there.

Questions about Evaluation Access, and requests for written permission under section 3, go in writing by mail (certified mail or courier) to Vitabyte, Inc., Attn: George Karabelas, CEO, 3525 30th Ave, Suite 306, Astoria, NY 11103.