Beta Product Terms

We have updated our Beta Product Terms. If you are a new Subscriber, then our Beta Product Terms will be effective as of 25 May 2023. If you are an existing Subscriber, we are providing you with prior notice of these changes which will be effective as of 25 June 2023. For the previous version of our Beta Product Terms, please click here.

You are invited to participate in beta testing NTT’s Samurai Managed Detection and Response service (the “MDR Services”), subject to the Terms of Service and these Beta Program Terms (together, the “Applicable Terms”). The Applicable Terms are made by and between You and NTT and are effective as of the date You first accept them (whether via an online click-through or a signed agreement or by using the Beta Product) (the “Effective Date”). 

  1. General Terms. From time to time, NTT may seek to test MDR Services and make them available to you under these Beta Program Terms (each, the “Beta Service”). You agree that these Applicable Terms are separate and independent agreements for each such Beta Service.
  2. Beta Test Participation. As the Beta Service is still in a testing phase, it is likely to contain errors. In addition to the disclaimers in the Terms of Service, you agree that the Beta Service is provided “AS IS” and “AS AVAILABLE.” You understand and agree that we may change, withdraw, terminate your access to, testing of and/or use of, or discontinue the Beta Service (or any portion thereof) at any time and in our sole discretion, with or without notice to you. During the term of these Beta Terms, you will use commercially reasonable efforts to provide suggestions, comments or ideas and report issues or problems related to your use of the Beta Service (collectively, “feedback”) to us in a timely basis or as otherwise agreed between the parties in writing (email will suffice). You agree not to disclose feedback to any third party and hereby assign to us all right, title and interest in and to any feedback, without any right to compensation or other obligation from us.
  3. Confidentiality. “Confidential Information” means any and all information disclosed by us to you, or accessed or provided by you, relating to the Service, including your use thereof, the relationship contemplated herein, feedback, and the Service Descriptions, except to the extent made public by us. You agree that you: (a) will not use any Confidential Information other than as necessary to use or test the Beta Service hereunder; (b) will maintain Confidential Information in strict confidence and will use the same degree of care to protect it as you use to protect your own confidential information, but in no circumstances less than reasonable care; and (c) will not disclose the Confidential Information to any person or entity other than those who need access to such Confidential Information to effect the intent of these Applicable Terms and who are bound by written confidentiality obligations at least as protective as those set forth in this section; provided, however, that you will remain responsible for each such person’s or entity’s compliance with and breach of the confidentiality terms herein. You will not make any public announcements related to the Beta Service without our prior written approval, which we may grant or withhold in our sole discretion. This confidentiality provision supersedes any prior agreements between the parties solely with respect to Confidential Information hereunder.
  4. Service Descriptions. Specific terms and policies may also apply to your use of the Beta Service (the “Service Descriptions”). In such case, Service Descriptions will be made available to you (online or, prior to being made available online, as separately provided to you) and will also apply to your use of the Beta Service. For clarity, once we post Service Descriptions online (in the Terms of Service, in other supplemental terms, or otherwise), the online version of such Service Descriptions will supersede any prior versions provided to you. By continuing to access, test, or use the Beta Service after any modification to the applicable Service Descriptions, you agree to be bound by them.
  5. Term. With respect to each Beta Service, the term of these Applicable Terms will begin on the Effective Date and, unless terminated earlier in accordance with the Applicable Terms, will expire on the earlier of (i) the date specified by us in our sole discretion (after which you will cease use of such Beta Service), (ii) the date we (in our sole discretion) make such Beta Service generally publicly available (after which any permitted use is subject to our Terms of Service alone, and not these Beta Terms, and payment of applicable fees and charges), or (iii) the date we discontinue such Beta Service (the “Term”). These Applicable Terms, as applied to each Beta Service, may be terminated by either party: (a) with cause immediately upon written notice to the other party; or (b) without cause upon thirty (30) days’ prior written notice to the other party. Sections 2, 3, 7, and 8 of these Beta Terms, and the provisions of the Terms of Service, will survive any termination or expiration of these Applicable Terms.
  6. Miscellaneous. You agree that your use of the Beta Service is subject to the Applicable Terms; the Service Descriptions; and Our Privacy Policy. To the extent these Beta Terms conflict with the Terms of Service, these Beta Terms will govern with respect to your use of the Beta Product to the extent of the conflict. As between the parties, we retain exclusive ownership of the Beta Product. Notwithstanding the foregoing, the Terms of Service (unmodified by these Beta Terms) continue to apply to your use of any NTT Services other than the Beta Product even if use thereof is in connection with the Beta Product. Terms used but not defined herein have the meaning given in the Terms of Service. The term “including” means including without limitation. Notwithstanding (and in further limitation of) the liability cap in the Terms of Service, OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO ANY ACCESS TO, TESTING OF OR USE OF THE BETA PRODUCT OR THESE BETA TERMS SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100). We may modify Our Terms of Service or these Beta Terms at any time, and by continuing to access, test, or use the Beta Product after any modification to the Terms of Service or these Beta Terms, you agree to be bound.