Early Access Program

1. Applicable Terms to the Early Access Programs

1.1 Hotjar may offer You Early Access Services, as defined below. Any Early Access Services offered to You will be governed by these Early Access Program Terms and Conditions (“EAP Terms”) and the Hotjar Terms of Service (“Terms of Service”) of which these EAP Terms form an integral part. Together they form the agreement between Hotjar and You regarding Early Access Services, and replace any prior oral or written communications, proposals, representations, understandings or agreements with respect to Early Access Services.

1.2 These EAP Terms will only apply to the Early Access Services offered to You, and not to any generally available services in the Hotjar Platform. In case of conflict between these EAP Terms and the Terms of Service, the EAP Terms will prevail. By accessing any Early Access Service(s) made available to You by Hotjar, you indicate that you have read, understood and agreed to these EAP Terms. The date of your first access to the Hotjar Early Access Service(s) will count as the effective date of your acceptance of these EAP Terms (“EAP Effective Date”). Hotjar may unilaterally amend these EAP Terms from time to time. Your continued use of the Early Access Service(s) after the EAP Effective Date of any modifications of these EAP Terms will constitute Your acceptance of the modified EAP Terms.

2. Definitions

2.1 “Early Access Service” means: (a) access to certain Hotjar Services and related features, technologies, or products that are in development, beta, or pre-general release versions; (b) participation in a specific early access program that includes access to certain features, technologies, products, or services that are not yet generally available to Hotjar Customers or are only available to a limited set of Hotjar Customers; and (c) access to any software, libraries, specifications, or other technical documentation related to an Early Access Service provided to You by Hotjar under these EAP Terms.

2.2 “Early Access Period” means the term indicated on any registration page or program communication, as may be applicable, for such Early Access Service or such period as communicated to You by Hotjar (whether as a part of the Early Access Service offering communication or otherwise).

2.3 “GA Service” means a generally available version of the Early Access Service.

2.4 “Production Environment” means the system setting where software, hardware, data, processes, and programs are executed for their final and intended operations by end users of Hotjar Services.

2.5 Any capitalized terms not defined within these EAP Terms shall have the meaning attributed to them on the Terms of Service.

3. Early Access Service

3.1 Right to Use. Subject to the terms in these EAP Terms, Hotjar grants You a limited, non-exclusive, non-transferable, revocable license to access and use the Early Access Service during the Early Access Period for the purposes described by Hotjar in the Early Access Program communications. Upon notice sent to the email address associated with Your Account, Hotjar may modify the permitted use of or suspend Your access to any Early Access Service at any time and for any reason.

3.2 Access and Use Restrictions. You will not and will not permit any Third Party to: (a) rent, sell, license, assign, copy, modify, create derivative works of, translate, reverse engineer, decompile, disassemble, or otherwise reduce to human-perceivable form any portion of the Early Access Service other than granted by mandatory Applicable Law; (b) provide, dispose or disclose any information or data contained in or related to the Early Access Service to any third party in any form for any reason whatsoever, without Hotjar’s prior written consent; (c) use the Early Access Service for Your product development efforts, or otherwise exploit the Early Access Service for any other commercial purpose; (d) use the Early Access Service in any manner that violates the rights of any Third Party, subjects Hotjar to any other obligations, or violates Applicable Laws; or (e) use or permit the Early Access Service to be used in any manner that is likely to damage, disable, overburden, or impair the Early Access Service or its related systems and networks.

3.3 Production Environment. If You are notified by Hotjar that You are permitted to use the Early Access Service in a production environment, then You, at Your sole discretion, may use the Early Access Service in a production environment, solely for Your internal business purpose and as part of Your participation in a specific Early Access Program, provided that You agree to cease such use immediately upon notice from Hotjar.

3.4 API. Hotjar may grant You access to certain Hotjar API(s) for the purpose of using the Early Access Service and in accordance with the applicable API licensing terms provided by Hotjar to You. You agree to limit the use of the Hotjar API(s) granted under these EAP Terms to the Early Access Service. You further agree that Hotjar cannot ensure the Hotjar API(s) have backwards compatibility for the Early Access Service. You acknowledge that You may not be notified of deprecation, removal, or functional modification of an existing Hotjar API method or function before this change occurs.    

4. Ownership and Feedback

4.1 Ownership. Hotjar, its Affiliates, or its licensors own all right, title, and interest in and to any and all copyrights, trademark rights, patent rights, database rights and other Intellectual Property or other rights in and to the Early Access Service, including any improvements, design contributions or derivative works, and any knowledge or processes related to and/or provided as part of these EAP Terms. All rights not expressly granted in these EAP Terms are reserved to Hotjar.

4.2 Feedback. You agree to provide ongoing recommendations, suggestions, ideas, derivations, enhancement requests or other feedback concerning the operational and functional capabilities of the Early Access Service (“EAP Feedback”). You agree to assign to Hotjar all right, title, and interest in and to any EAP Feedback. You agree that Hotjar is free to make unrestricted use, copy, modify, sell, distribute, sub-license, and create derivative works of the EAP Feedback without any necessity of payment or attribution to You. EAP Feedback will not be considered Your Confidential Information.

5. Third-Party Services

5.1 You may choose to obtain products or services and related materials that are provided, licensed, or supported by third parties (including open source software licenses and/or integrations) (“Third-Party Services”) for use with the Early Access Service. Certain Third-Party Services are provided pursuant to the terms of the applicable third-party license or separate agreement between the licensor of the Third-Party Services and You, and Hotjar assumes no responsibility for, and specifically disclaims any liability or obligation with respect to, any Third-Party Services. Specific license terms, notices, attributions, and other information about any open source or Third-Party software included in the Early Access Service are available in: (a) the licensing file distributed with the Early Access Service; (b) the header files; or (c) the release notes. Third-Party Services are provided “AS IS” for Your convenience only and Hotjar makes no representation or warranty regarding the Third-Party Services and any modifications, improvements, enhancements, additions, derivations, or terminations thereto made or provided by Hotjar or the Third Party providing the Third-Party Service, whatsoever.

6. Your Responsibilities, Disclaimer of Certain Obligations

6.1 Your Responsibilities. You are solely responsible for: (a) Your activities that occur in relation to the Early Access Service; (b) ensuring that You comply with these EAP Terms; and (c) all data and content You use within the Early Access Service. An Early Access Service may, at any time and without prior notice, be updated, suspended, unavailable, or negatively affected by scheduled maintenance. You acknowledge that You may be required to update Your version of the Early Access Service in order to continue using the Early Access Service.

6.2 Disclaimer of Certain Obligations. Hotjar has no obligation under these EAP Terms or otherwise to: (a) correct any bugs, defects, or errors in the Early Access Service or otherwise to provide any support, maintenance services, service levels, or uptime guarantees for the Early Access Service; (b) store, hold, export, return, or destroy any data or content after the Early Access Period; and (c) create, distribute, or otherwise offer a GA Service). Hotjar has no obligation to offer a GA Service to You or, unless otherwise agreed in writing, to offer any discounted pricing schedules or special terms in relation to such GA Service. A GA Service may perform in a manner significantly different from the Early Access Service. You acknowledge that any research or development performed, or business plans made, by You regarding or in reliance upon the Early Access Service is done entirely at Your own risk.

7. Marketing

7.1 Throughout and upon termination of the Early Access Service, You will provide, upon Hotjar’s request, material, statistics, quotes, or information related to Your use of the Early Access Service, and Hotjar may collect metrics, statistics or information related to Your use of the Early Access Service to improve the Early Access Service and/or use in certain marketing activities and You agree that such information will not be deemed Your Confidential Information. You will not communicate to a Third Party, advertise, or publicly announce any information regarding the Early Access Service or Your use thereof without Hotjar’s prior written permission.

8. Term and Termination

8.1 Term of Early Access Service. These EAP Terms commence on the EAP Effective Date and will continue for the Early Access Period, unless earlier terminated as provided by this section or until the initial commercial release by Hotjar of an applicable GA Service. Your access to and use of an Early Access Service is strictly limited to the Early Access Period.  For continued access to and use of the GA Service, You will need to subscribe to the relevant Subscription Plan and Terms of Service.

8.2 Termination. You may terminate these EAP Terms at any time with or without cause. Your license to use the Early Access Service terminates automatically on Your breach of the license conditions or restrictions stated in these EAP Terms. Upon termination of the Early Access Service, You shall immediately discontinue using the Early Access Service and shall uninstall or destroy all copies of the Early Access Service in Your possession or control. The termination of the Terms of Service by You or Hotjar, or as a result of expiration of the Terms of Service, will automatically terminate these EAP Terms.

8.3 Effect of Termination. The termination of these EAP Terms will not terminate any other agreements You might have with Hotjar other than the EAP Terms. The rights and obligations of the parties set forth in Sections 2, 4 and 8 through 12 of these EAP Terms shall survive termination of these EAP Terms for any reason.

9. Confidential Information

9.1 The Receiving Party agrees that, unless otherwise specifically provided herein or agreed by the Disclosing Party in writing, the Early Access Service and all performance data and test results, including without limitation, benchmark test results relating to the Early Access Service, are expressly considered Confidential Information of Hotjar.

10. Third-Party Claims

10.1 You will indemnify Hotjar and its Affiliates and each of their respective employees, directors, agents, and representatives (“Indemnified Parties”) from, and defend the Indemnified Parties against, any actual or threatened third-party claim, or legal action or administrative agency action or proceeding (“Claim”) to the extent arising from or related to: (a) any alleged infringement of any third-party intellectual property rights by Your data, content or Third-Party Services You obtain and use as part of Your use of the Early Access Service; or (b) any breach by You of Your obligations under this Section 10. Hotjar will give You prompt written notice of a Claim and provide reasonable assistance with its defense. You will have sole authority to defend or settle a Claim at Your expense, provided any such settlement does not impose ongoing obligations on the Indemnified Parties.

11. Disclaimer of Warranties

11.1 The Early Access Service and any updates may contain errors and are provided for limited evaluation only. The Early Access Service is still in testing phase and is provided on an “as is,” “with all faults,” and “as available” basis without warranty of any kind, including but not limited to those of merchantability, fitness for a particular purpose, title or non-infringement, whether express, implied, statutory or otherwise. Hotjar does not warrant that the Early Access Service will function without interruption, is free of malicious code or that it is error-free. You are advised to safeguard Your Data, to use caution and not to rely in any way on the correct functioning or performance of the Early Access Service and/or accompanying materials. Any Data that You enter into the Early Access Service, and any configurations made by or for You, during the Early Access Period will be permanently lost.

12. Limitation of Liability

12.1 The Early Access Service is provided without charge for limited evaluation purposes. Accordingly, the total liability of Hotjar arising out of or related to your access and use of the Early Access Service(s) under these EAP Terms shall not exceed one hundred (EUR 100) euro. Hotjar’s suppliers and licensors shall have no liability for damages or otherwise. In no event shall Hotjar or its suppliers be liable for any indirect, incidental, special, consequential, or exemplary damages (including, without limitation, damages for loss of business profits, business interruption, or loss of data or information), however caused and on any theory of liability, even if Hotjar or its suppliers have been advised of the possibility of such damages. The limitations and exclusions of liability and disclaimers in this Section 12 form an essential basis of the bargain between the parties, and Hotjar would not enter into this agreement without such limitations, exclusions, and disclaimers. 

13. Notices

13.1 Any legal notices required under these EAP Terms must be made in writing and delivered by email to legal@hotjar.com. 

14. General

14.1 You may not assign Your rights or obligations under these EAP Terms without Hotjar’s prior written consent.  If consent is given, these EAP Terms will bind Your successors and assigns. Any attempt by You to transfer Your rights, duties, or obligations under these EAP Terms except as expressly provided in these EAP Terms is void. Hotjar may freely assign its rights, duties, and obligations under these EAP Terms. Hotjar may provide translations of these EAP Terms or other terms or documentation.

14.2 A failure of either party to enforce any provision of these EAP terms will not constitute a waiver of such party’s right to require compliance and enforce said provision, or be construed as a novation of these EAP Terms.

14.3 If any material limitation or restriction on the grant of any license to You under these EAP Terms is found to be illegal, unenforceable, or invalid, the license will immediately terminate. If any part of these EAP Terms is found to be illegal, unenforceable, or invalid, the remaining portions of these EAP Terms will remain in full force and effect.