July 19, 2016
“Test Pilot” is Mozilla’s platform to share the next generation of Firefox features (“Test Pilot Experiments”) with volunteers interested in testing, providing feedback, and possibly contributing to code. Please read this entire document (“Terms”) carefully because it explains your rights and responsibilities when you use Test Pilot or any individual Test Pilot Experiment. By accessing the Test Pilot website, the Test Pilot Add-on, or any Test Pilot Experiment, you agree to be bound by these Terms.
Features & Feedback
To participate, you’ll be asked to install an Add-on (“Test Pilot Add-on”). An icon will then be added to your Firefox toolbar so you can easily access the Test Pilot site. From this site, you can learn more about available and upcoming Test Pilot Experiments. Once you start a Test Pilot Experiment it will display as “active” until (a) the Test Pilot Experiment automatically ends or (b) you choose to end the Test Pilot Experiment by selecting “stop”.
As part of each Test Pilot Experiment we’ll prompt you with feedback requests. This may include surveys, emails, or quick pulse checks. Some of these feedback requests may be through third-party services, like Google Forms. Because third-party services have different legal and privacy terms, we encourage you to review them before use.
Any feedback you share with us will only be made publicly accessible in an aggregated format without identifying you.
These Terms will continue to apply until ended by either you or Mozilla. You can choose to end them at any time for any reason by uninstalling the Test Pilot Add-on and all Test Pilot Experiments.
We may suspend or terminate your access to Test Pilot at any time for any reason, or no reason at all, including, but not limited to, if we reasonably believe: (i) you have violated these Terms; (ii) you create risk or possible legal exposure for us; or (iii) our provision of Test Pilot to you is no longer commercially viable.
In all such cases, these Terms shall terminate, except that the following sections shall continue to apply: Section 7 - Indemnification, Section 8 - Disclaimer; Limitation of Liability, and Section 10 - Miscellaneous.
You acknowledge that your participation in Test Pilot is voluntary and does not create any employment relationship between you and Mozilla. You further acknowledge that Mozilla is an open source project with open channels for feedback, code contribution, and participation. Any feedback you provide to Test Pilot, or derivative thereof, may be used by Mozilla and its community without any remuneration, compensation, or credit to you.
You agree to defend, indemnify and hold harmless Mozilla, its contractors, contributors, licensors, and partners; and the respective directors, officers, employees and agents of the foregoing ("Indemnified Parties") from and against any and all third party claims and expenses, including attorneys' fees, arising out of or related to your use of Test Pilot.
Disclaimer; Limitation of Liability
Test Pilot, any software provided as part of Test Pilot and all Test Pilot Experiments are provided "as is" with all faults. To the extent permitted by law, Mozilla and the indemnified parties hereby disclaim all warranties, whether express or implied, including without limitation warranties that Test Pilot is free of defects, merchantable, fit for a particular purpose, and non-infringing. You bear the entire risk as to using Test Pilot for your purposes and as to the quality and performance of Test Pilot, including without limitation the risk that your hardware, software, or content is deleted or corrupted, that someone else gains unauthorized access to your information. This limitation will apply notwithstanding the failure of essential purpose of any remedy. Some jurisdictions do not allow the exclusion or limitation of implied warranties, so this disclaimer may not apply to you.
Except as required by law, Mozilla and the indemnified parties will not be liable for any indirect, special, incidental, consequential, or exemplary damages arising out of or in any way relating to these terms or the use of or inability to use Test Pilot, including without limitation direct and indirect damages for loss of goodwill, work stoppage, lost profits, loss of data, and computer failure or malfunction, even if advised of the possibility of such damages and regardless of the theory (contract, tort, or otherwise) upon which such claim is based. The collective liability of Mozilla and the indemnified parties under this agreement will not exceed $500 (five hundred dollars). Some jurisdictions do not allow the exclusion or limitation of incidental, consequential, or special damages, so this exclusion and limitation may not apply to you.
Modification to these Terms
We may update these Terms to address a new feature of Test Pilot or to clarify a provision. If the changes are substantive, we will announce the update through our usual channels such as blog posts, banners, emails, or forums. Your continued use of Test Pilot after the effective date of such changes constitutes your acceptance of such changes.
These Terms constitute the entire agreement between you and Mozilla concerning Test Pilot and supersede any prior versions of these Terms. These Terms are governed by the laws of the State of California, U.S.A., excluding its conflict of law provisions. All claims and disputes arising out of these Terms shall be brought exclusively in the courts of Santa Clara County, California, and you consent to personal jurisdiction in those courts. If any portion of these Terms is held to be invalid or unenforceable, the remaining portions will remain in full force and effect. In the event of a conflict between a translated version of these Terms and the English language version, the English language version shall control.
Legal questions can be directed to:
Email: Legal-notices at mozilla.com
Attn: Mozilla – Legal Notices
331 E. Evelyn Ave.,
Mountain View, CA 94041