SKS CLOSED OFFLINE-EVALUATION BETA
Limited Offline-Evaluation Beta Agreement
Limited release: These terms apply only to the initial closed beta of four named external testers plus the BGG owner. BGG will replace them with attorney-reviewed terms before expanding access beyond that five-person group or beginning an open beta.
1. Closed beta purpose and permitted output review
SKS is incomplete prerelease software intended for four named external testers plus the BGG owner unless BGG expands the group in writing. Testers may exercise workflows, create or revise programs and output files, download and open them in compatible software offline, inspect and compare tables and proposed changes, test parsing and display, evaluate whether output appears accurate and usable, and report findings to BGG.
Every beta-generated program and output file is for review and evaluation only—not for operation. It may not be flashed, installed, uploaded, transferred, or applied to a live vehicle, controller, dynamometer-control system, or other operating equipment. No vehicle or equipment may be operated, modified, diagnosed, tuned, tested, or serviced in reliance on beta output.
2. Limited evaluation license
BGG grants a limited, revocable, nonexclusive, nontransferable, nonsublicensable license to use assigned SKS modules only for BGG-authorized beta evaluation, testing, and feedback. Access is tied to the named account, organization, and approved computer. SKS is not licensed for resale, rental, sublicensing, public distribution, publication, redistribution, or providing access to another person or organization.
This is a temporary beta-evaluation license only. It is not a lifetime or perpetual license, creates no right to continued access, and includes no license to any future, production, paid, or generally released SKS version. It ends automatically when the beta or the tester's authorized participation ends unless BGG grants a separate written license.
3. BGG ownership
Bald Guys Garage LLC and its licensors retain all right, title, and interest in SKS and its source code, object code, algorithms, workflows, databases, schemas, documentation, designs, interfaces, graphics, updates, derivative works, know-how, trade secrets, trademarks, and other intellectual property. Receiving a software package, document, output, or other copy does not transfer copyright or ownership. No right is granted except the narrow evaluation license stated above.
4. Confidentiality and prohibited conduct
Nonpublic SKS software, methods, security controls, roadmaps, test results, and business information are confidential and may be used only for the authorized beta. Except where prohibited by applicable law, testers may not copy, reproduce, modify, publish, sell, resell, rent, sublicense, distribute, transfer, reverse engineer, decompile, disassemble, decode, scrape, bypass protections, discover source code or nonpublic APIs, share credentials or packages, remove proprietary notices, use SKS to develop a competing product, or publish beta demonstrations, benchmarks, screenshots, or security findings without BGG's written approval.
5. Account and device security
Each account is assigned to one named person and one approved computer unless BGG authorizes replacement. Testers must protect their account, email inbox, approved device, local database, and tuning files; promptly report suspected compromise; and cooperate with access revocation or replacement.
6. Tester data, submissions, and feedback
Testers retain ownership of lawful customer and tuning data they supply. Customer Project Database content remains on shop- or operator-controlled storage by default. A Base File submission is voluntary, must be deliberately reviewed and submitted, must exclude customer identity, VIN, mileage, contact information, customer folder names, and local paths, and must be content the tester has authority to submit.
By submitting a sanitized Base File package, the tester grants BGG a worldwide, nonexclusive, royalty-free license to store, reproduce, analyze, validate, modify, combine, and use that package to evaluate and develop SKS during the closed beta. The tester may request removal from future use by contacting BGG, but removal may not reach prior analyses, backups, or information BGG must retain for security, legal, or audit purposes. No submission grants BGG rights in third-party material beyond rights the tester is authorized to grant.
Feedback may be used by BGG without payment or attribution to improve and commercialize SKS, but this does not transfer ownership of customer files or independently owned calibration data.
7. No operational reliance
Beta results may be incomplete, inaccurate, corrupted, misleading, or unsafe. Testers may assess apparent accuracy and usability for debugging and product-development feedback, but that review does not approve or certify output for real-world use. Outputs may not be used for an actual tune, flash, test, repair, diagnosis, modification, or vehicle operation.
8. Assumption of all risk and release
To the fullest extent permitted by law, testers assume all known and unknown risks from access, use, misuse, attempted operational use, or inability to use the beta and release BGG and its owners, officers, employees, contractors, licensors, affiliates, successors, and agents from every related claim, loss, damage, liability, cost, or expense. This does not exclude a liability that applicable law refuses to exclude.
9. As-is beta; no warranties
TO THE FULLEST EXTENT PERMITTED BY LAW, SKS IS PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” BGG DISCLAIMS EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, RESULTS, AND QUIET ENJOYMENT. BGG DOES NOT WARRANT THAT SKS WILL BE SAFE, ERROR-FREE, UNINTERRUPTED, SECURE, OR SUITABLE FOR ANY VEHICLE OR PURPOSE.
10. Zero BGG liability
TO THE FULLEST EXTENT PERMITTED BY LAW, BGG ACCEPTS NO LIABILITY OF ANY KIND ARISING FROM SKS, THE BETA, FILES, OUTPUT, RECOMMENDATIONS, SECURITY EVENTS, DATA LOSS, OR TESTER ACTIVITY. BGG WILL NOT BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, STATUTE, OR ANY OTHER THEORY FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES; LOST PROFITS, BUSINESS, DATA, OR USE; VEHICLE, ENGINE, EQUIPMENT, OR PROPERTY DAMAGE; BODILY INJURY OR DEATH; OR ANY OTHER LOSS.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF BGG AND ALL RELATED PARTIES IS ZERO DOLLARS (US $0.00). If applicable law does not permit a zero cap or exclusion, liability is limited to the lowest amount and narrowest remedy the law requires.
Testers and their bound organizations will defend, indemnify, and hold BGG harmless from third-party claims arising from breach, unauthorized or operational use, vehicles, customers, files, submissions, infringement, unlawful conduct, negligence, or willful misconduct.
11. Suspension, termination, and compliance
BGG may suspend or terminate access for safety, security, misuse, breach, legal risk, or discontinuation. Testers must cease use and delete BGG-provided copies and confidential material when access ends, subject to required record retention. Testers are responsible for emissions, environmental, road-use, dynamometer, workplace-safety, privacy, intellectual-property, export, and other applicable laws. SKS does not authorize defeat devices, unlawful tampering, unsafe testing, or other unlawful conduct.
12. General terms and electronic acceptance
This agreement is the entire beta agreement; access cannot be assigned by the tester; unenforceable provisions are narrowed while the remainder survives; and failure to enforce is not a waiver. It is governed by the law of the U.S. state where BGG's principal office is located, with exclusive venue in courts serving that county. The acceptance record includes the user, organization when applicable, version and hash, typed name, timestamp, IP address when available, browser/device information, and method. Users must be able to retain or print the documents, and material revisions require new acceptance.
Effective only for the initial five-person closed beta. BGG must replace this version with attorney-reviewed terms before expanding access or beginning an open beta.