Restricted — authorised testers only
This is an unreleased pre-production build issued for evaluation. Access requires the code supplied to you and acceptance of the terms below.
This Restricted Testing, Confidentiality and Evaluation Agreement ("Agreement") is between Big Brother Havilah Limited ("BBH", "Company", "we", "us" or "our") and the individual or organisation identified during the access process ("Tester", "you" or "your"). Where the Tester acts for an organisation, the Tester represents that he or she is authorised to bind that organisation, and the organisation is included within the definition of Tester.
BBH is providing access to an unreleased pre-production, development, beta or evaluation build of BBH software, together with related credentials, interfaces, documentation, features, data or materials ("Test Build"), solely for controlled evaluation and testing ("Evaluation Purpose"). This Agreement protects BBH's confidential information, intellectual property, users and systems while permitting authorised evaluation. It grants no ownership or commercial rights except the limited evaluation permission expressly stated below.
By checking the acceptance box, submitting the required information, entering or using an access code, downloading, installing, accessing or using the Test Build, the Tester confirms that the Tester has read, understood and accepted this Agreement and agrees to be legally bound by it.
BBH may retain an electronic acceptance record including name, email, organisation, access-code identifier, date/time, IP address, device/browser information, Agreement version and download/access records. Such records may be used to evidence acceptance, administer access, protect BBH systems and resolve disputes.
If the Tester does not agree, the Tester must not access, download, install, copy or use the Test Build.
"Confidential Information" means all non-public information disclosed or made accessible in connection with the Test Build, including the Test Build itself; source and object code; binaries; APIs; credentials; access codes; architecture; database structures; algorithms; security controls; unreleased features; interfaces; designs; screenshots; recordings; documentation; logs; test data; user information; pricing; roadmaps; business plans; vulnerabilities; technical findings; performance results; and the existence and nature of non-public features.
Information does not cease to be confidential merely because it is observable through the Test Build. The Tester shall protect all such information against unauthorised access, use or disclosure.
BBH grants a limited, revocable, non-exclusive, non-transferable and non-sublicensable permission to access and use the Test Build solely for the Evaluation Purpose and only during the period authorised by BBH.
The Test Build may be used only on devices and accounts controlled by the Tester and only as reasonably necessary for evaluation. No production deployment, resale, sublicensing, customer use, public demonstration or use for a third party is permitted without BBH's prior written authorisation.
Unless BBH expressly authorises an activity in writing, the Tester shall not: (a) distribute, transmit, lend, sell, rent, lease, sublicense, publish, upload, mirror or share the Test Build, credentials or access code; (b) permit another person to use the Tester's account or access; (c) copy or create derivative works except technically necessary temporary copies; (d) reverse engineer, decompile, disassemble, decode, circumvent technical protection measures or attempt to derive source code, algorithms or non-public architecture; (e) remove proprietary or security notices; (f) publish or disclose screenshots, recordings, demonstrations, benchmarks, reviews, bug reports, findings or vulnerabilities; (g) use the Test Build to develop, benchmark, validate or improve a competing product or service; (h) upload BBH code, binaries, credentials, logs, screenshots, test data or confidential information to public repositories, forums or unauthorised services; (i) submit BBH material to generative-AI, machine-learning, code-assistance or third-party analysis services; (j) conduct denial-of-service, intrusive scanning, fuzzing, brute-force, social-engineering, malware, persistence or other disruptive security testing; (k) access systems, accounts, endpoints or data outside the authorised scope; (l) interfere with availability, integrity or confidentiality of BBH systems or third-party data; or (m) use the Test Build unlawfully, fraudulently or abusively.
Nothing in this Agreement prohibits conduct that cannot lawfully be restricted under mandatory applicable law; however, the Tester must not rely on such an exception without obtaining appropriate legal advice.
Security testing is permitted only within the written scope BBH authorises. A suspected vulnerability, exposed credential, personal-data exposure or security incident must be reported privately and promptly to BBH. The Tester shall not publicly disclose the issue before BBH has had a reasonable opportunity to investigate and remediate it.
The Tester shall not exploit a vulnerability beyond what is reasonably necessary to demonstrate it and shall not access, copy, retain, alter, delete or disclose personal data or other third-party information except to the minimum extent strictly necessary and authorised. If unintended data is encountered, testing must stop, the minimum necessary evidence must be preserved, and BBH must be notified immediately.
Personal data encountered during testing shall be handled only for the Evaluation Purpose, in accordance with applicable Nigerian data-protection law and BBH's instructions. The Nigeria Data Protection Act 2023 establishes requirements concerning lawful and accountable processing and protection of personal data.
The Tester shall use test accounts and test data supplied or approved by BBH and shall not intentionally introduce real third-party personal data, payment information, government identifiers, passwords or sensitive information. Suspected breaches must be reported immediately. Personal data must be deleted or returned when testing ends unless BBH expressly authorises retention.
All rights, title and interest in the Test Build and related software, documentation, designs, trademarks, interfaces, databases, inventions, know-how and Confidential Information remain with BBH or its licensors. No ownership interest is transferred.
The Tester receives only the limited evaluation permission in section 4 and shall not claim or attempt to register intellectual-property rights based on BBH's Test Build or Confidential Information. All copies remain BBH property and must be deleted or returned when access ends or BBH requests.
The Tester may provide bug reports, suggestions, recommendations, usability observations, security findings and other feedback ("Feedback"). To the maximum extent permitted by law, the Tester grants BBH a perpetual, worldwide, royalty-free, transferable and sublicensable right to use, reproduce, modify, disclose and incorporate Feedback into BBH products, services and documentation without payment or attribution. The Tester shall not knowingly submit third-party confidential information as Feedback.
The Test Build is unreleased and may contain defects, incomplete features, security weaknesses or changes without notice. It is not a production release and must not be relied upon for safety-critical, emergency, financial, medical, legal or other high-risk decisions unless BBH expressly authorises such use.
To the maximum extent permitted by law, the Test Build is provided "AS IS" and "AS AVAILABLE", without warranties or representations, express or implied, including merchantability, fitness for purpose, availability, accuracy, non-infringement or uninterrupted operation. The Tester is responsible for device security, backups and operational safeguards on the Tester's equipment.
BBH may suspend, restrict, revoke or terminate access at any time, with or without prior notice, where BBH reasonably believes that access creates a security, confidentiality, legal or operational risk.
Upon termination or request, the Tester shall immediately cease use, delete or return all copies and Confidential Information, stop using credentials and, upon request, confirm completion in writing. Termination does not affect obligations intended to survive.
To the maximum extent permitted by law, the Tester shall indemnify and hold harmless BBH, its directors, officers, employees and authorised representatives from claims, losses, liabilities, damages, costs and reasonable professional fees arising from the Tester's material breach, unlawful use, unauthorised disclosure, infringement of third-party rights caused by the Tester, or unauthorised access to or interference with BBH systems.
The Tester is not required to indemnify BBH for loss caused solely by BBH's own fraud, wilful misconduct or liability that cannot lawfully be transferred.
The Tester acknowledges that unauthorised disclosure or misuse of the Test Build or Confidential Information may cause harm for which damages alone may be inadequate. To the extent permitted by law, BBH may seek interim, interlocutory or permanent injunctive or equitable relief, specific performance, delivery-up or destruction of protected materials, and any other available remedy, without prejudice to other rights.
Nothing prevents BBH from reporting unlawful conduct to law-enforcement or regulatory authorities where appropriate.
To the maximum extent permitted by applicable law, BBH shall not be liable to the Tester for indirect, incidental, special, exemplary, punitive or consequential loss, loss of profits, revenue, business, goodwill, anticipated savings, data or business interruption arising from use of the Test Build.
Nothing excludes or limits liability that cannot lawfully be excluded, including liability for fraud or other non-excludable matters.
The Tester is an independent evaluator. Nothing creates employment, agency, partnership, joint venture or fiduciary relationship, or authority to bind BBH. The Tester shall not represent otherwise.
Confidentiality obligations continue for five (5) years after the later of the last disclosure or end of testing. For information qualifying as a trade secret or equivalent protected confidential know-how, confidentiality continues for so long as the information remains legally protected.
Intellectual-property, unauthorised-use, security, data-protection, remedies, liability and dispute-resolution provisions survive termination to the extent necessary to give them effect.
This Agreement is governed by the laws of the Federal Republic of Nigeria. Subject to mandatory statutory jurisdiction, the parties submit to the courts of Lagos State, Nigeria, for disputes arising from or relating to this Agreement, the Test Build or the Evaluation Purpose.
Nothing prevents BBH from seeking urgent protective relief in any court of competent jurisdiction where necessary to protect Confidential Information, intellectual property, systems or personal data.
Formal notices shall be sent to the BBH contact details designated for the Test Build and to the email address supplied by the Tester. Security incidents, vulnerabilities and accidental disclosures shall be reported through the security channel designated by BBH.
This Agreement, together with any written testing scope and expressly incorporated BBH security instructions, is the entire agreement concerning the Test Build and supersedes prior discussions on that subject.
BBH may update terms for future access or future Test Build versions. Material changes to an already-authorised testing period should be presented for renewed acceptance where legally required or reasonably necessary.
If a provision is invalid or unenforceable, it shall be modified to the minimum extent necessary and the remainder remains effective. Failure or delay to enforce a provision is not a waiver. The Tester may not assign or delegate this Agreement without BBH's prior written consent. Electronic records and electronic acceptance may be used to evidence assent, subject to applicable evidentiary law.
By accepting this Agreement, the Tester represents that the information supplied is accurate; the Tester has legal capacity to enter the Agreement; where acting for an organisation the Tester is authorised to bind it; the Tester will comply with this Agreement and applicable law; access credentials will be kept secure; and any unauthorised access, disclosure or security incident known to the Tester will be reported immediately.
The Tester acknowledges that access to the Test Build is a privilege granted for controlled evaluation and is conditional upon continuing compliance with this Agreement.
The fields below are captured electronically when you submit this form: tester full name, email address, organisation (if applicable), test build version, access-code identifier, and the date and time of acceptance.
Scroll within the box to read the full agreement
Your name, email, IP address and the time of acceptance are recorded. Contact info@getbbh.africa if you need access.