Beta Tester Agreement and NDA
Version v0.8 draft. You sign this on your account page before claiming your beta licence.
This Beta Tester Agreement (the "Agreement") is between Miguel Diez Aznar, doing business as "AnimDeck" (together with any company formed to operate AnimDeck, including a California limited liability company to which this Agreement will be assigned, "AnimDeck", "we" or "us"), and the individual accepting it ("Tester" or "you").
You take part in your personal capacity, not on behalf of an employer or client. If you have an employment or contractor agreement, you're responsible for making sure taking part doesn't break it.
1. What this covers
AnimDeck is developing pre-release animation tools for Unreal Engine (the "Beta"). It includes the software, licence keys, builds, documentation, videos, roadmap, pricing, and any non-public information we share about the product or company (together, "Confidential Information").
2. Licence to test
2.1 We grant you a personal, non-exclusive, non-transferable, non-sublicensable, revocable licence to install and use the Beta, to evaluate it, use it in your own work as §2.2 allows, make your Shot (§5A) and give us feedback, during the Beta Period (§8), on the number of machines your licence key allows.
2.2 Commercial use: you may use the Beta on real production work, including freelance or client work, at your own risk (see §7), as long as you're allowed to by whoever you're working for. Anything you create with the Beta belongs to you (or to your client, under your agreement with them). This is separate from your Shot (§5A), which must be your own independent work (§5A.6).
2.3 The Beta requires a valid Unreal Engine licence. You are responsible for complying with Epic Games' terms.
2.4 Ownership: AnimDeck and its licensors own the Beta and all intellectual property in it, including the software, its underlying technology, documentation and builds. You get only the rights this Agreement expressly grants; there are no implied rights.
3. What you must not do
You will not, and will not let anyone else:
- (a) share, sell, lend, upload or otherwise distribute the Beta, builds (including modified, repackaged or partial copies), licence keys or Confidential Information;
- (b) decompile, disassemble or reverse engineer the Beta, or try to extract its source code, except to the extent applicable law expressly allows this despite this restriction;
- (c) remove, bypass or tamper with licensing, activation, watermarks, telemetry or security measures;
- (d) use the Beta or Confidential Information to build, train or benchmark a competing product, or as input to train an AI model;
- (e) remove proprietary notices;
- (f) suggest that AnimDeck endorses you, or that you're a partner of or officially affiliated with AnimDeck;
- (g) paste or upload Confidential Information (for example builds, documentation, logs or screenshots of unreleased features) into an external AI service, or otherwise disclose it through an online service, unless we agree in writing. Ordinary cloud tools you use for your own work (storage, render farms, trackers) are fine as long as you don't make our Confidential Information available to others through them, and using AI tools for your own animation work is fine;
- (h) try to access our systems, servers, accounts or files beyond what we've given you access to.
4. Confidentiality and embargo
4.1 You will keep Confidential Information secret, use it only for the Beta, and protect it at least as carefully as your own confidential information (and never less than reasonably carefully). Don't share it with anyone else, including other animators helping you, without our written permission.
4.2 Embargo: you will not publicly post, stream, screenshot, record or discuss the Beta, including its name, until we announce the public embargo-lift date in writing. After that date, you may share only what we've publicly released. Recording or capturing the Beta privately to make your Shot, report problems or give us feedback is allowed; it just can't be made public before that date (see §5A.7).
4.3 This doesn't cover information that (i) is or becomes public without your fault, (ii) you already knew lawfully, (iii) you received lawfully from someone else without restriction, or (iv) you developed independently. You may disclose information if the law requires it, after giving us prompt notice where allowed.
4.4 Your confidentiality obligations last 3 years after the Beta Period ends, and indefinitely for source code, licensing internals and other trade secrets.
4.5 DTSA notice (US): nothing here limits immunity under 18 U.S.C. §1833(b) for confidential disclosures to government officials or attorneys to report a suspected violation of law.
4.6 When the Agreement ends, you'll delete the Beta, builds, keys and any other Confidential Information you hold, except a build and its licence files that you're entitled to keep under an earned reward (§§8.4–8.5). You may keep copies the law requires you to keep, or that sit in automatic backups you can't reasonably delete; those stay confidential under this section.
4.7 Security: if you find a security problem, or think your licence key has been exposed, tell us privately at support@animdeck.com and don't publish details. Keep your account sign-in and key to yourself.
5. Feedback
5.1 As part of the Beta you'll give us honest feedback on the tools, based on real use: written notes, bug reports and any short surveys we send. At a minimum, that means at least three written notes or problem reports during the Beta, and answering the end-of-beta survey if we send you one before the §5A.2 deadline. You grant us a perpetual, irrevocable, worldwide, royalty-free licence to use your feedback for any purpose, without obligation or attribution. You won't claim any rights in features we build.
5.2 We'll only publish quotes from your feedback, or anything that identifies you as its source (for example a screenshot, testimonial or case study), with your separate written consent. Credit for your Shot is covered in §5A.
5.3 Code and other material: please don't send us source code, scripts or plugins you wrote, or anyone else's confidential material. If you'd like to contribute code, ask us first; that needs a separate agreement.
5A. Your Shot
5A.1 What you make: one animated shot of your choosing (the "Shot"), animated with the Beta. You decide the content, length and style, as long as it's a genuine piece of character or object animation of at least 5 seconds, in which you made meaningful use of one or more of the Beta's animation tools. Please avoid content that would be unsuitable for a general audience.
5A.2 What you send: video of the Shot in any form you like: a final render, a playblast or viewport capture, or work-in-progress clips (together, the "Footage"), plus your feedback, by January 31, 2027 or a later date we agree in writing. You don't have to send us any project, scene, rig or asset files.
5A.2b Optional: your scene. If you choose to, you may also send us the scene for the Shot (the "Scene Files") so we can light and render it ourselves. Before you do, check that your asset licences allow you to share those files, since many purchased characters and rigs don't. If you send Scene Files: you keep ownership; we may use them only to produce lit and rendered versions of the Shot for §5A.4 (those versions count as Footage); we'll keep them confidential, won't use the characters, rigs or other assets for anything else, and will delete them when we're done or when you ask.
5A.3 Your rights in the Shot: you keep ownership of the Shot and the Footage.
5A.4 Licence to us: you grant us a non-exclusive, worldwide, royalty-free, perpetual and irrevocable licence to use, reproduce, display and distribute the Footage, and stills from it, to promote AnimDeck in any medium (website, social media, video, ads, press, trade shows). We may make reasonable edits to fit those uses: trimming, cropping, resizing, compression, adding captions, our logo or a credit. Agencies, contractors and platforms acting for us may handle the Footage to run AnimDeck's promotion, but they get no rights of their own in it. We won't sell or license the Footage on its own to anyone else.
5A.5 Credit: whenever we publish the Footage, we'll credit you with the name or handle you give us, where the format allows (for example in a caption, description or end card). Before we first publish anything made from your Footage, we'll send you the edit and tell you where we plan to use it. This is advance notice, not a right to approve; we'll still take your comments seriously.
5A.6 Your promises: you confirm that (a) you made the Shot on your own time and equipment, not as part of a job, and no employer or client has rights in it; (b) you have the right to use every character, rig, model, environment, music and other asset in the Footage (and in any Scene Files you send) for this promotional use, and for sharing with us, which many purchased or downloaded assets don't allow; (c) the Footage doesn't infringe anyone's rights; and (d) anyone recognisable in it has agreed.
5A.7 Your own posting: you won't post the Footage or the Shot publicly before the embargo-lift date (§4.2). After that you may post it yourself, and we'd love it if you mention AnimDeck.
5A.8 Our choice to use it: we may ask you to show that you have the rights described in §5A.6, and we may decide not to use any Footage, for example if an asset's licence is unclear. Whether or not we use your Footage doesn't affect your reward (§8.4).
5A.9 If there's a problem: if you find out that your Footage contains something you didn't have the right to use, tell us straight away. We may take down any promotional material at any time, for example if someone raises a rights concern.
6. Data, telemetry and watermarks
6.1 The Beta sends data only in three cases:
- Licence checks (at activation, at each editor start and every 12 hours): your licence key, a one-way fingerprint of your computer (the raw hardware IDs never leave it), a name for the computer so you can recognise it on your account page, and the platform. Our licence provider also sees your IP address.
- Problem reports, only when you click Send: what you write, the AnimDeck and Unreal versions, and, unless you untick them, system information, your recent AnimDeck actions and AnimDeck's log. A screenshot and Unreal's crash files are included only if you tick them; crash files can contain your Windows user name, computer name, project name and file paths.
- Update checks: the build number you have.
The Beta does not collect usage analytics, and does not send your project files, assets or scenes. Details, and how long we keep data, are in our Privacy Notice.
6.2 Each build may contain an invisible identifier unique to you, so we can trace leaks.
6.3 We handle personal data under our Privacy Notice (animdeck.com/privacy), including GDPR/UK GDPR rights for testers in Europe and CCPA/CPRA rights for California residents.
7. No warranty; limitation of liability
7.1 The Beta is pre-release software provided "AS IS" and "AS AVAILABLE", with no warranties of any kind, to the maximum extent the law allows. It may crash, contain bugs, or corrupt data. Back up your projects. We'll try to help with problems you report, but we don't guarantee support, response times, fixes, or compatibility with any Unreal Engine version.
7.2 To the maximum extent the law allows, we're not liable for any indirect, incidental, special, consequential or punitive damages, or for lost data, profits or production time, and our total liability under this Agreement is limited to US $100. Nothing limits liability that can't legally be limited (e.g. fraud, gross negligence, wilful misconduct).
8. Term, ending and what happens next
8.1 The Beta Period runs from acceptance until the public launch or the date we end the Beta, whichever comes first. Beta licence keys expire automatically. We may change, disable or remove Beta features at any time, and we're not obliged to release AnimDeck, or any particular feature, commercially.
8.2 Either side may end this Agreement at any time. When it ends, the beta licence in §2 ends: you'll stop using the Beta and delete all builds and keys, except a build you're entitled to keep under an earned reward (§§8.4–8.5). §§3–7, 9 and 10 survive, and so does any reward you've already earned under §§8.3–8.5.
8.3 Your reward: once you've delivered the Footage and your feedback (§§5–5A), we'll give you a free AnimDeck Founder licence, a separate licence that continues after this Agreement and the beta licence end: the full toolset, with updates for all 1.x versions or 2 years from launch, whichever ends first, after which the version you have keeps working. It's personal and non-transferable, can't be resold, and is governed by the AnimDeck end-user licence in force at launch, except that the end-user licence can't take away or materially reduce what this section and §§8.4–8.5 promise (the toolset, the update period, continued use and the offline fallback); if they conflict, this Agreement wins for your Founder licence. §§3–4 keep applying to any version you use under it. If you materially breach §§3–4 (sharing builds or keys, breaking confidentiality or the embargo), we may end the Beta for you and cancel the reward, even if you had already earned it. If the breach was accidental and can be put right (for example, a screenshot posted by mistake), we'll first tell you and give you 7 days to fix it; deliberate distribution of builds or keys can't be cured.
8.4 When the reward is earned: you earn it when you deliver the Footage and feedback by the §5A.2 deadline, whether or not we publish the Footage. Once earned, ending the Beta or this Agreement doesn't take it away, except as §8.3 says. "Keeps working" means you may keep using the last version released in your update period on the Unreal Engine versions it supported when it was released; we don't promise it will work with later Unreal Engine versions. We don't promise to run our online activation service forever. If we ever shut it down, or stop operating AnimDeck, we'll first give Founder licence holders a non-expiring offline licence file for the last eligible version, so it can be used without our servers. That's the whole promise: we don't promise further updates, maintenance, support or compatibility.
8.5 If AnimDeck doesn't launch: if we haven't launched AnimDeck commercially by December 31, 2027, or we tell you we've cancelled the launch, testers who earned the reward may keep using the last beta build, without an expiry date, under the same terms as a Founder licence (including the offline fallback in §8.4).
8.6 Blockers and early ending: if a problem in the Beta stops you from meeting §§5–5A, report it (Report a Problem or support@animdeck.com) as soon as you can. If we confirm it's our problem, we'll extend your deadline by at least the time it was blocked; an extended deadline replaces the §5A.2 deadline for earning the reward. If we end the Beta before the §5A.2 deadline, you'll have 30 days from our notice to deliver; if the Beta can no longer be used, Footage and feedback from your use so far count, as long as they show genuine participation (§§5.1, 5A.1).
8.7 Confirming completion: we'll confirm when we receive your Footage and feedback, check them within 30 days against §§5.1 and 5A.1 (as adjusted by §8.6 where it applies), and either confirm your reward (recorded on your AnimDeck account) or tell you what's missing. You then have 14 days from that notice to supply it, even if the deadline has passed.
9. Assignment
You may not transfer this Agreement. We may assign it to any company formed to operate AnimDeck, or to a successor, without your consent, and we'll tell you when we do. Whoever it's assigned to takes on our obligations under it, including Founder licences already earned.
10. General
- Law: this Agreement is governed by the laws of the State of California, USA.
- Courts: disputes go to the state or federal courts in Los Angeles County, except that where you're a consumer whose local law gives you mandatory rights (e.g. in the EU/UK), you keep those rights and may use your local courts.
- Remedies: a breach of §§3–4 could cause irreparable harm, so we may seek an injunction in addition to other remedies.
- Severability: if any part is unenforceable, the rest stays in effect.
- Entire agreement: this is the entire agreement about the Beta and replaces earlier discussions.
- Notices: we'll send notices, including the embargo-lift date and any ending of the Beta, to the email on your AnimDeck account. Send yours to support@animdeck.com.
- Changes: if we change this Agreement, we'll email you and ask you to sign the new version on your account page. If you don't, you can stop taking part; any reward you've already earned stays yours under the version you signed.
- Export: you confirm you aren't in a country, or on a list, that US sanctions or export rules bar from receiving the Beta.
- Signatures: you sign by typing your full name and ticking the agreement box on your AnimDeck account page. That electronic signature counts as your signature, and we keep a record of who signed, when, and which version.