Beta Agreement

Beta Participation Agreement

Update Date : June 19, 2026

‍Version: 1.1 Beta Period: Begins on the date you are admitted to the Beta and your account is provisioned, and continues for 30 days, unless extended or ended earlier by Apex AR Systems. Operator: Apex AR Systems, LLC, PO Box 27, 401 McElroy Drive, Oxford, Mississippi 38655

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PLAIN-ENGLISH SUMMARY (read this carefully)

You are joining the beta program for Apex Scout, a released outdoor-safety app available on the App Store. As a beta participant you receive complimentary Pro access in exchange for testing and honest feedback. Beta participation means:

You may encounter bugs we haven't found yet
Some features may not work exactly as described
Alerts may be late, inaccurate, or missed entirely
Battery drain may be higher than expected
The app may crash at an inopportune moment

This Beta Agreement is in addition to the Apex Scout Terms of Service and Privacy Policy, which govern your use of the app like any other user. It adds the beta-specific terms below.

You are also about to engage in outdoor activities that are inherently dangerous — hiking, hunting, backcountry travel — that can result in serious injury or death regardless of what software you're using.

By participating in this beta, you agree:

You're an experienced outdoors person who already takes responsibility for your own safety
You will carry a Personal Locator Beacon, satellite communicator, or other proven emergency device — Apex Scout is NOT that device
You will not rely on Apex Scout as your sole or primary safety tool
You understand that Apex Scout provides conservative recommendations only — you decide based on the totality of your circumstances
You release Apex AR Systems from liability for harm to yourself or others arising from your use of the beta
You will provide honest feedback to help us improve before public launch
You will not share your complimentary Pro beta account, login credentials, or activation code with anyone else

If any of the above is unacceptable to you, do not participate in the beta.

By tapping "I Agree" below or by continuing to use the Services after receiving this Agreement, you acknowledge you have read, understood, and accepted all terms.

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1. PARTIES AND PURPOSE

This Beta Participation Agreement and Liability Waiver ("Beta Agreement") is between:

Apex AR Systems, LLC ("Apex"), a Mississippi limited liability company headquartered in Oxford, Mississippi, AND
You, the individual beta participant ("Beta User," "you," or "your")

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This Beta Agreement governs your participation in the Apex Scout beta program (the "Beta") and is in addition to (not a replacement for) the Apex Scout Terms of Service and Privacy Policy, which continue to apply to you in full.

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In the event of a conflict between this Beta Agreement and the Terms of Service, this Beta Agreement controls only as to beta-specific matters (beta participation, complimentary Pro access, feedback, and confidentiality) and for the duration of the Beta only. The Terms of Service otherwise control, including as to the paid subscription model, billing, and the nature and limitations of the Services.

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2. NATURE OF BETA SOFTWARE

2.1 Beta Status

Apex Scout is a released application available on the App Store. As a beta participant, you are testing the app — including newer and still-maturing features — and providing feedback ahead of broader rollout.

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You acknowledge that, during the Beta, the app and its features:

May contain defects, bugs, errors, and incomplete features
May behave unexpectedly, crash, or lose data without warning
May be changed, suspended, or discontinued at any time without notice
Will have their functionality, performance, and reliability evaluated by you and other beta participants

2.2 Specific Beta Limitations

You specifically acknowledge that during the Beta:

Wildlife predictive alerts are available only in Colorado, Wyoming, and Utah, and cover a limited set of species. Weather, lightning, trail, navigation, Emergency Recovery, and ground-truth features operate nationwide across the covered United States (excluding Hawaii), consistent with the Terms of Service.
The absence of a wildlife alert never means an area is free of wildlife — remain vigilant everywhere.
Emergency notifications are delivered by SMS and email; if SMS is temporarily unavailable, email is used.
Battery drain may be higher than expected during active location use.
Push notifications may occasionally be delayed or undelivered.
Backend services may experience downtime during model updates and infrastructure changes.

2.3 Conservative Recommendations Philosophy

Apex Scout is designed to provide conservative recommendations — when our prediction model is uncertain, we err on the side of caution and issue an alert. This means you will sometimes receive alerts that, in hindsight, were unnecessary.

This is intentional. A false alarm costs a moment of attention. A missed alert can cost your life.

You are the ultimate decision-maker. You evaluate the totality of your circumstances — including but not limited to: visible signs, weather conditions, terrain, your physical condition, your training, and your gut instinct — and act accordingly. Apex Scout informs your decision; it does not make your decision.

If Apex Scout warns of a hazard you cannot verify, treat the warning seriously and proceed with appropriate caution. If Apex Scout reports clear conditions and your senses tell you otherwise, trust your senses.

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Use common sense.

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3. ASSUMPTION OF RISK

3.1 Inherent Risks of Outdoor Activities

You acknowledge and agree that outdoor activities — including but not limited to hiking, trail running, mountain biking, backcountry skiing, hunting, fishing, and overland travel in remote or wilderness areas — involve inherent risks of serious physical injury, illness, and death.

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These risks include without limitation:

Wildlife encounters — bears, mountain lions, moose, wolves, bison, venomous snakes, insects, and other animals
Weather hazards — lightning, hypothermia, hyperthermia, flash floods, sudden snowstorms, high winds
Terrain hazards — falls, exposure injuries, drowning, getting lost, becoming stranded
Physiological hazards — altitude sickness, dehydration, exhaustion, cardiac events
Equipment failure — broken gear, depleted batteries, lost supplies
Communication failures — loss of cellular service, satellite signal blockage, device malfunction
Hostile encounters — other persons in the backcountry
Avalanches, rockslides, falling objects, and other geophysical events

3.2 Voluntary Assumption

You voluntarily assume all such risks, whether or not you are using Apex Scout. Apex Scout does not eliminate these risks. The Services are one tool among many you should use to mitigate risk; they are not a comprehensive safety system.

3.3 Your Responsibility for Preparation

You represent that you:

Have appropriate experience and skills for the activities you undertake
Have appropriate equipment, supplies, and clothing for the conditions
Have informed a trusted person of your trip plan, route, and expected return
Carry appropriate emergency communication equipment (PLB, satellite communicator) independent of Apex Scout
Are familiar with first aid, navigation, and survival techniques appropriate to your activities
Will exercise sound judgment, situational awareness, and respect for the wilderness

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4. WAIVER AND RELEASE OF LIABILITY

4.1 Release

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE Apex AR Systems, LLC, its officers, directors, employees, agents, contractors, affiliates, licensors, and successors (collectively, the "Released Parties") from any and all liability, claims, demands, actions, and causes of action whatsoever arising out of or related to:

Your use of the Apex Scout beta software
Any defect, error, or failure of the Apex Scout beta software
Any inaccurate, late, missed, or false alert
Any failure of emergency notification features
Any decision you make based in whole or in part on information provided by the Services
Any harm — including but not limited to personal injury, illness, death, property damage, or financial loss — that you or any third party suffers in connection with your outdoor activities, whether or not those activities were undertaken in reliance on the Services

4.2 Scope

This release applies to claims based on negligence, gross negligence, breach of warranty, breach of contract, strict liability, or any other legal theory, except for claims based on willful misconduct or intentional wrongdoing by Apex AR Systems.

4.3 No Indirect Damages

Without limiting the foregoing, the Released Parties shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of life, loss of limb, loss of use, loss of profits, loss of data, or loss of goodwill, arising out of or related to your use of the Beta.

4.4 Maximum Liability

If, notwithstanding the above, any Released Party is found liable to you for any claim related to the Beta, the total cumulative liability of all Released Parties shall not exceed one hundred U.S. dollars ($100).

4.5 Plain-English Restatement

You're using beta safety software in a dangerous environment. If something goes wrong — even something tragic — you agree not to sue Apex AR Systems, its team, or its partners. The wilderness is dangerous. Software is imperfect. You take responsibility for being there.

If you're not comfortable with this, do not participate in the beta.

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5. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Released Parties from any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) brought by any third party — including your family members, heirs, estate, traveling companions, or rescuers — arising out of or related to:

Your participation in the Beta
Your outdoor activities
Your decisions made in reliance on or in conflict with information from the Services
Your violation of this Beta Agreement, the Terms of Service, or applicable law

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This indemnification survives termination of your participation in the Beta.

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6. NO PROFESSIONAL RESCUE

Apex Scout does NOT contact emergency services on your behalf. It notifies the emergency contacts you designate in the app.

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You are responsible for:

Contacting 911 when cellular service is available
Activating a Personal Locator Beacon (PLB) when professional rescue is required
Using a satellite communicator's SOS function (Garmin inReach, Apple Emergency SOS via satellite, etc.) when out of cellular range
Following accepted backcountry rescue protocols

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Apex Scout is not a substitute for any of the above.

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7. CONFIDENTIALITY AND BETA RESTRICTIONS

7.1 Confidential Information

You acknowledge that the Beta software, features, designs, performance data, model architecture, and any other information disclosed to you in connection with the Beta is Apex AR Systems' confidential and proprietary information.

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You agree to:

Not disclose Beta-specific information to anyone outside the Beta program without written permission
Not publicly review, benchmark, or compare the Beta software against competing products without written permission
Not publish screenshots, recordings, or descriptions of the Beta software on public forums, social media, or news outlets without written permission
Treat all bugs, performance issues, and undocumented features as confidential

7.2 Sharing Restrictions

You agree:

Not to share your complimentary Pro beta account or login credentials with anyone else. Your account is personal to you.
Not to share any activation code or authentication token. These authenticate you uniquely.
Not to transfer or resell your complimentary beta access.
Not to bypass any technical restrictions on Beta participation.

7.3 Public Statements

If a member of the press, an investor, or anyone outside the Beta asks about your experience, you may say:

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"I'm a beta tester for Apex Scout, an outdoor safety platform. I've been asked not to discuss specifics during the beta period. You can learn more at apexarsystems.com."

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You may not make public statements about specific features, accuracy, performance, or product roadmap without written permission.

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8. FEEDBACK

8.1 Obligation to Provide Feedback

As a Beta participant, you agree to complete two (2) surveys, which we deliver to you by email:

Intake Survey — due within 72 hours of downloading the app
Exit Survey — due within 72 hours of your 30th day of use (the close of your Beta period)

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You also agree to report critical bugs and safety-related issues promptly via in-app feedback or email to support@apexarsystems.com, and to respond to occasional Apex inquiries about specific use cases or issues. Completing both surveys is a condition of the good-standing reward described in Section 10.3.

8.2 Ownership of Feedback

You grant Apex AR Systems a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, distribute, and incorporate any feedback, suggestions, or ideas you provide. You waive any claim to compensation, attribution, or ownership of feedback.

8.3 Anonymity in Public Materials

If Apex chooses to use your feedback in marketing materials, case studies, or public communications, we will:

Anonymize your feedback by default (no name, no identifying details)
Request your explicit consent before using your name, photo, or identifying details
Honor any reasonable request to remove or modify your feedback

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9. TERM AND TERMINATION

9.1 Beta Period

Your Beta period begins on the date you are admitted and your account is provisioned, and continues for 30 days — subject to extension or early termination by Apex.

9.2 Termination by Apex

Apex may terminate your Beta participation at any time, with or without notice, for any reason, including:

Violation of this Beta Agreement, the Terms of Service, or the Privacy Policy
Submission of false or misleading ground truth reports
Sharing your complimentary beta account, credentials, or activation codes with non-approved persons
Public disclosure of Beta-specific information without permission
Failure to provide reasonable feedback
End of the Beta program

9.3 Termination by You

You may withdraw from the Beta at any time by uninstalling the app and notifying support@apexarsystems.com. Your account data will be retained or deleted in accordance with the Privacy Policy.

9.4 Effect of Termination

Upon termination of your Beta participation:

Your access to the Services ends
Sections 3 (Assumption of Risk), 4 (Waiver and Release), 5 (Indemnification), 7 (Confidentiality), 8 (Feedback Ownership), 11 (Governing Law), and 12 (General Provisions) survive termination

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10. COMPLIMENTARY PRO ACCESS; NO OTHER COMPENSATION

10.1 How Beta Access Works

If you are accepted into the Beta, you download Apex Scout from the App Store, and on first login your account is provisioned with complimentary Pro-tier access. You do not pay during the Beta.

10.2 Conditional Reward; Revocable

Complimentary Pro access is a reward for participating in the Beta in good standing — that is, completing the required surveys (Section 8) and demonstrating active use. It is conditional and revocable. Apex may reduce, suspend, or revoke complimentary access at any time, including if you do not complete the surveys, do not show meaningful use, misuse the app or location features, or violate this Agreement, the Terms of Service, or the Privacy Policy.

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If your complimentary access is revoked or lapses, you will be given the opportunity to subscribe to a paid plan to continue using the Services. If you do not subscribe, your access ends and you may re-enroll or subscribe later at Apex's discretion.

10.3 Good-Standing Reward

As a thank-you, beta participants who complete the Beta in good standing (both surveys completed and genuine use demonstrated) will receive complimentary Pro-tier access for three (3) years from the close of the Beta. This reward is a courtesy, not a contractual entitlement; it remains conditional on continued compliance with the Terms of Service and may be revoked for misuse, fraud, or violation of these terms.

10.4 No Other Compensation

You will not be otherwise compensated for your participation, time, feedback, or any value you provide to Apex. You are not an employee, contractor, agent, or partner of Apex AR Systems.

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11. GOVERNING LAW AND DISPUTE RESOLUTION

11.1 Governing Law

This Beta Agreement is governed by and construed in accordance with the laws of the State of Mississippi, USA, without regard to its conflict of laws principles.

11.2 Informal Resolution

Before filing any claim against Apex, you agree to attempt informal resolution by emailing legal@apexarsystems.com. Apex will respond within 30 days.

11.3 Binding Arbitration

If informal resolution does not succeed, all disputes arising out of or related to this Beta Agreement shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. Arbitration shall be conducted in Lafayette County, Mississippi, in the English language.

11.4 Class Action Waiver

YOU AGREE THAT ALL DISPUTES SHALL BE RESOLVED INDIVIDUALLY AND NOT AS PART OF A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. You waive any right to participate in a class action or class-wide arbitration.

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12. GENERAL PROVISIONS

12.1 Entire Agreement

This Beta Agreement, together with the Apex Scout Terms of Service and Privacy Policy, constitutes the entire agreement between you and Apex regarding your participation in the Beta.

12.2 Severability

If any provision is held invalid or unenforceable, the remaining provisions continue in full force and effect.

12.3 No Waiver

Apex's failure to enforce any right or provision is not a waiver of that right or provision.

12.4 Assignment

You may not assign this Beta Agreement or your rights under it. Apex may assign freely.

12.5 Notices

Apex may notify you via email, in-app message, or website posting. You may notify Apex at legal@apexarsystems.com.

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13. ACKNOWLEDGMENT AND AGREEMENT

By tapping "I Agree" in the app, by accepting your Beta admission, or by continuing to use the Services after receiving this Beta Agreement, you acknowledge that:

You have read this entire Beta Agreement

You understand the inherent risks of outdoor activities

You understand the limitations of beta software

You have appropriate emergency communication equipment independent of Apex Scout (PLB, satellite communicator, or equivalent)

You will exercise your own judgment and use common sense in the backcountry

You release Apex AR Systems from liability as described in Section 4

You agree to maintain confidentiality of Beta information

You agree to provide honest feedback

You are at least 18 years of age

You have the legal capacity to enter into this agreement

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You are the ultimate arbiter of your own safety. Apex Scout informs. You decide. Use common sense.

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14. CONTACT

Beta Support: support@apexarsystems.com Legal Questions: legal@apexarsystems.com Privacy: privacy@apexarsystems.com Mail: Apex AR Systems, LLC, PO Box 27, 401 McElroy Drive, Oxford, MS 38655, USA

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15. PATENT NOTICE

The Apex Scout platform is protected by U.S. Provisional Patent Application No. 63/976,896 — Patent Pending.

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CLOSING WORD FROM SCOTT

Thank you for being a beta participant. You are part of a small group helping us prove that predictive outdoor safety can save lives. Your honest feedback — including the parts that hurt to hear — is what will make Apex Scout worth shipping at full release.