Terms and Conditions

Thank you for helping PayPal, Inc. ("PayPal") develop new and better products! Before enrolling in the PayPal Research and Beta Testing Program ("Program"), please read and take the time to understand the terms and conditions that apply when you participate in the Program (the Program "Terms").

1. Participation in the PayPal Beta Testing Program. You ("Tester" or "You") have elected to participate in the Program for the purposes of participating in user research and/or receiving a licence to use and evaluate certain non-public PayPal products, features or services (the "Products"). Subject to your agreement to these Terms, PayPal is willing to license certain Products and disclose certain Confidential Information to you, for the purpose of testing and obtaining feedback about the Products (our "Purpose"). You understand and agree that participation in the Program is completely voluntary and will not under any circumstances create a legal partnership, agency, or employment relationship between you and PayPal. You further understand that your participation in the Program does not obligate PayPal to provide you with any Products, nor will PayPal compensate you for your participation in the Program.
2. PayPal Confidential and Proprietary Information. In conjunction with the Program, PayPal’s "Confidential Information" means all non-public materials and information provided or made available to you by PayPal, including products and services, information regarding technology, know-how, processes, software programs, research, development, pricing or financial information, product, feature or service release information, information regarding third parties, or technical data disclosed by PayPal on or after the date on which you enrol in the Program (the "Effective Date") or during your participation in the Program ("Term") either directly or indirectly, in writing, orally or by inspection of tangible objects, including, without limitation, research, products, services, developments, inventions, discoveries, ideas, concepts, software, designs, drawings, engineering, specifications, documentation, processes, techniques, models, source code, object code, diagrams, flow charts, procedures, business and marketing plans or strategies, business opportunities, financial information, pricing information, sales information and customer information. Confidential Information further includes Program materials, your Feedback (defined below), or any other non-public information about or involving (including the existence of) any Products. Confidential Information shall not, however, include any information which (i) was publicly known and made generally available in the public domain prior to the time of disclosure by PayPal; (ii) becomes publicly known and made generally available after disclosure by PayPal to you through no action or inaction by you; (iii) is already in your possession of the time of disclosure by PayPal as shown by your files and records immediately prior to the time of disclosure; (iv) is obtained by you from a third party who has the legal right to disclose such information; or (v) is independently developed by you without use of PayPal’s Confidential Information.
3. Ownership and Licence. You agree that nothing contained in these Terms shall be construed as granting any ownership rights to any Confidential Information disclosed or provided pursuant to these Terms, or to any invention or any patent, copyright, trademark, or other intellectual property right. You agree not to make, have made, use or sell for any other purpose any product or other item using, incorporating or derived from Confidential Information or the Products. You also agree that you will not modify, reverse engineer, decompile, create other works from, or disassemble any equipment, prototypes or software programs contained in the Confidential Information. PayPal hereby grants to you and you accept a personal, non-transferable, non-exclusive licence to use the Products for the Term (defined below) solely for the purpose of testing and evaluating the Products during the Term and subject to the limitations of the Program.
4. Feedback and Modifications. As part of the Program, you will provide feedback, testing results, input, comments, ideas, suggestions or proposed modifications or improvements (“Feedback”) regarding the Products. You agree that, regardless of anything contained in any such Feedback, (i) PayPal is not obligated to review the Feedback; (ii) the Feedback and its contents shall automatically become the property of PayPal (including, without limitation, all patent rights, design rights, copyrights and trade secrets), without any compensation to you; (iii) PayPal may consider the Feedback to be non-confidential and non-proprietary; and (iv) PayPal may redistribute or use (for commercial purposes or otherwise) the Feedback and its contents for any purpose and in any way, without any compensation to you.
5. Contact. PayPal may request your Feedback via telephone, SMS, or through emailed surveys, questionnaires, in-app flows, and other means. You agree that PayPal may contact you through the contact details provided in your enrolment in the Program, or the details in your PayPal account if you have instructed us accordingly. In order to prevent the collection of data pursuant to this Program, you must terminate your participation in this Program; return any Products you have; cease use of any PayPal Services being utilised and return or destroy any PayPal Confidential Information. Please note that PayPal may still request Feedback after you have uninstalled or returned a Product.
6. Data Collection and Publicity.. In furtherance of the purpose of the Program and in order to improve its products and services, PayPal and its affiliates and service providers may collect, use, store, process and analyse diagnostic, technical and usage information and logs from your devices that run the Products, utilise the PayPal Services or which you use to provide feedback during the Program. Information collected by PayPal may include, but is not limited to, general diagnostic and usage information, unique system or hardware identifiers, computer or device-specific information, system and application software, as well as information provided by your device based on your settings, such as real time geographic location services. In addition, personal information will also be collected when you create a new PayPal account or use your existing PayPal account with any Product issued to you through the Program. You acknowledge and agree that PayPal may collect information in the ways described in these Terms which information may be used in ways other than as described in the PayPal Privacy Statement. As part of the Program, except where prohibited by applicable law, PayPal may use and publish your name, picture, likeness and/or all or any part of the information provided by you and any of your statements (“Testimonial”), without charge or express, separate permission, in marketing, advertising and promotional materials including brochures, flyers, website and otherwise (the “Marketing Materials”).
7. Non-use and Non-disclosure. You agree not to use any Confidential Information for any purpose except for the Purpose. You agree not to disclose any Confidential Information to any third parties. Further, neither party shall disclose to any person the existence of any business negotiations or discussions in progress between the parties without the prior written approval of the other party.
8. Age Requirement. You agree that, as of Effective Date, you are at least eighteen (18) years of age. IF YOU ARE UNDER EIGHTEEN (18) YEARS OF AGE, YOU MAY NOT PARTICIPATE IN THE PROGRAM.
9. Maintenance of Confidentiality. You agree that you will protect the secrecy of and avoid disclosure and unauthorised use of PayPal’s Confidential Information. You agree that you will not make any copies of Confidential Information, including without limitation take photos, videos, screenshots or drawings of any Products nor describe your participation in the Program to any third party without PayPal’s prior written consent (which consent may be withheld in PayPal’s sole discretion) and pursuant to PayPal’s express instructions in each desired instance of disclosure.
10. Program Participation at your own Risk. Your use of publicly released PayPal products, along with any PayPal websites, mobile apps, adjacent products, affiliate platforms or enrolment or participation in any released (collectively, the “PayPal Services”) is governed by terms applicable to such Services except to the extent that these Terms conflict with such user terms, in which case, these Terms govern. Your participation in the Program is at your own election. Use of any Product or PayPal Services as part of the Program during the Term is not intended to provide you with any service or benefit. PayPal disclaims any representation of accuracy and is not responsible for any problems that may result from your participation in the Program or use of the Products or PayPal Services. If you place any reliance on the Products or the PayPal Services as a result of or in conjunction with your participation in the Program, you agree that you do so at your own risk and at your own volition. PayPal is not responsible for the accuracy, reliability, effectiveness or correct use of information you receive through any Product or PayPal Service throughout the Program, and the PayPal Services or information you receive may be unavailable, inaccurate or incomplete. If you rely on any Product or the PayPal Service, you do so solely at your own risk.
11. Agreement Not To Sue. You, on behalf of yourself and your heirs, legal representatives, agents, successors and assigns, agree that you will never institute any action or suit at law or in equity against PayPal, nor institute, prosecute or in any way aid in the institution or prosecution of any claim, demand, action, or cause of action for damages, costs, loss of services, expenses, or compensation for or on account of any damage, loss or injury either to person or property, or both, whether developed or undeveloped, resulting or to result, known or unknown, past, present or future, arising out of your participation in the Program, receipt of the PayPal Services or use of the Products.
12. No Warranty. ANY AND ALL INFORMATION, PRODUCTS AND ANY MATERIALS ARE PROVIDED HEREUNDER "AS IS". PAYPAL MAKES AND YOU RECEIVE NO WARRANTIES IN CONNECTION WITH THE PRODUCTS, OR MODIFICATIONS OR IMPROVEMENTS THERETO, DELIVERED HEREUNDER, EXPRESS, IMPLIED, STATUTORY OR IN ANY OTHER PROVISION OF THESE TERMS OR COMMUNICATION BETWEEN PAYPAL AND TESTER. PAYPAL SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE.
13. LIMITATION ON LIABILITY. PAYPAL AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY LOSS OF USE, LOST DATA, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS, PAYPAL’S AND ITS SUPPLIERS’ ENTIRE LIABILITY UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY TESTER TO PAYPAL UNDER THESE TERMS (IF ANY).
14. Indemnification. You (i) agree to indemnify, defend and hold harmless, and (ii) hereby release, PayPal, its licensors, and their direct and indirect parent, subsidiary and sister corporations, and their respective officers, directors, employees and agents from and against any and all losses, liabilities, claims, obligations, costs and/or expenses (including reasonable legal fees) which result from, arise out of or in connection with the use of the Program and/or Products and all other services or activities related thereto.
15. Terms. PayPal reserves the right to modify these Terms, and to revoke your participation in the Program at any time, in its sole discretion. Any changes to these Terms will take effect no sooner than thirty (30) days after notification. These Terms are binding on you as of the Effective Date and shall continue for the period required to complete the Program, as specified by PayPal. Either you or PayPal may terminate these Terms at any time upon written notice to the other party. Your obligations hereunder with respect to all Confidential Information shall continue in full force and effect notwithstanding the termination or expiry of the Term unless and until the information is no longer “Confidential Information” pursuant to the definition above.
16. Care of Equipment and Return. You agree to maintain any Products in good condition and working order. Unless otherwise communicated to you in writing by PayPal, upon termination or expiry of these Terms, or upon request by PayPal, you shall (i) return all Confidential Information that is in tangible form, and (ii) destroy or expunge from its computer systems all Confidential Information that is in electronic form or which consists of analyses, compilations, studies or other documents or records prepared by PayPal, in each case, promptly following PayPal’s request and instructions. PayPal reserves the right to require return of Confidential Information at any time.
17. Injunctive Relief. You agree that any breach or threatened breach of these Terms will cause irreparable harm to PayPal, for which monetary damages would be inadequate and that, in addition to all other remedies that may be available, PayPal shall be entitled to an injunction restraining any such breach or threatened breach, without having to post a bond or other security. Nothing in this Section 17 shall be construed as preventing PayPal from pursuing any and all remedies available to it, including the recovery of money damages from Tester.
18. Governing Law. These Terms shall be governed by the laws of the State/Territory of New South Wales, Australia. Both you and PayPal agree to bring any action with respect to any dispute or claim arising out of or in connection with these Terms exclusively in the state or federal courts located in New South Wales, Australia and hereby irrevocably submit to the exclusive jurisdiction and venue of such courts for the purposes of any such action.
19. Miscellaneous. Any failure to enforce any provision of these Terms shall not constitute a waiver thereof or of any other provision. These Terms shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns; provided, however, that neither party may assign or transfer any rights or obligations under these Terms without the prior written consent of the other party, except that PayPal may assign and delegate these Terms pursuant to a transfer of all or substantially all of PayPal’s business and assets, whether by merger, sale of assets, sale of stock or otherwise. If any provision of these Terms is held to be illegal, invalid, or unenforceable, the remaining provisions shall remain in full force and effect. Except as otherwise stated herein, this document contains the entire agreement between the parties with respect to the subject matter hereof. Additional terms may apply to certain products or services. In the event that there is a conflict between these Terms and any additional terms, these Terms will control. These Terms may not be amended, nor any obligation waived, except by a writing signed by both parties hereto. These Terms may be signed in counterparts each of which will be deemed an original and all of which together will constitute one and the same enforceable instrument. Signatures exchanged by facsimile, PDF copies or other electronic means shall be effective for all purposes hereunder to the same extent as original signatures.