DarkStage Beta Tester Confidentiality and Evaluation Agreement — one-way beta-testing NDA. Governing law: Victoria, Australia. Version 1.0, 30 July 2026.
Discloser: MY DARK STAGE (ABN/ACN 65 238 712 701), 3/52 Jeffrey St, Templestowe Lower, Victoria, Australia 3107. Tester: the person identified in the electronic acceptance record.
This Agreement takes effect when the Tester electronically accepts it or first receives access to the DarkStage beta after being presented with it, whichever occurs first (Effective Date). In consideration for receiving access to the beta, the Tester agrees as follows.
The Discloser may give the Tester access to unreleased DarkStage software and related information solely so the Tester can evaluate the software, identify defects and provide feedback (Purpose).
2. Confidential Information
Confidential Information means all non-public information disclosed or made available in connection with the beta, including:
unreleased DarkStage builds, installers, download links, activation or licence details and beta access credentials;
features, user interfaces, workflows, performance, limitations, defects, crash behaviour and test results;
screenshots, recordings, documentation, setup instructions, support exchanges and private beta discussions;
roadmaps, planned features, pricing, product tiers, release plans, licensing methods and commercial information;
technical information, software architecture, protocols, code or security information disclosed during testing; and
the fact or details of the Tester’s participation where the Discloser has not made that participation public.
Confidential Information does not include information that the Tester can demonstrate: was lawfully known without confidentiality obligations before disclosure; becomes public other than through a breach; is received lawfully from another person without confidentiality restrictions; or is developed independently without using the Confidential Information.
use the Confidential Information only for the Purpose;
not disclose, publish, post, stream, demonstrate or discuss Confidential Information with anyone else without the Discloser’s prior written permission;
not share or redistribute the beta build, download link, licence key, activation details or access credentials;
not publish reviews, screenshots, videos, benchmark results, bug details or feature comparisons before written approval or public release;
use reasonable care to keep the beta and related materials secure, including not installing them on devices controlled by another person;
promptly notify the Discloser of any loss, unauthorised access or disclosure; and
not reverse engineer, decompile or attempt to extract source code except to the extent applicable law does not permit that restriction.
Nothing in this Agreement prevents the Tester from obtaining confidential legal advice, reporting suspected unlawful conduct to an appropriate regulator, or making a disclosure required by law.
The Tester may provide comments, suggestions, bug reports and other feedback. The Tester permits the Discloser to use, reproduce, modify and commercialise that feedback without restriction or payment. This does not transfer ownership of the Tester’s pre-existing materials or confidential information.
The Tester understands that the beta is pre-release software and may be incomplete, unstable or contain defects. The Tester must maintain appropriate backups and must not rely on the beta for safety-critical, production-critical or irreplaceable work. The Discloser does not promise that any feature will be retained or that a commercial release will occur.
6. Ownership and limited access
DarkStage and all associated intellectual property remain owned by the Discloser or its licensors. The Tester receives only a temporary, revocable, non-transferable right to use the beta for the Purpose. No other licence or ownership right is granted.
7. End of access and deletion
The Discloser may end beta access at any time. On request or when testing ends, the Tester must stop using the beta and delete all copies reasonably within the Tester’s control. Copies retained automatically in inaccessible backup systems remain subject to this Agreement until deleted in the ordinary course.
8. Duration of confidentiality
The confidentiality obligations continue for three years after the later of the Effective Date or the end of the Tester’s beta access. For information that remains a trade secret, the obligations continue for as long as that information remains confidential through no breach by the Tester.
If the Tester is legally required to disclose Confidential Information, the Tester must, where lawful and reasonably practicable, notify the Discloser first, disclose only what is legally required and take reasonable steps to preserve confidentiality.
The Tester acknowledges that unauthorised disclosure may cause harm that is difficult to quantify. The Discloser may seek available legal or equitable remedies, including an injunction, and may recover loss proven to have resulted from a breach. This clause does not impose a fixed penalty or exclude any defence available by law.
11. Non-excludable rights
Nothing in this Agreement excludes, restricts or modifies any guarantee, right or remedy that cannot lawfully be excluded, restricted or modified, including under the Australian Consumer Law.
This Agreement is the entire agreement about confidentiality for the beta and replaces earlier discussions on that subject. A variation must be agreed in writing. If a provision is invalid or unenforceable, it is to be read down or severed to the minimum extent necessary, and the remaining provisions continue. A failure to enforce a right is not a waiver.
This Agreement is governed by the laws of Victoria, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Victoria and courts hearing appeals from them.
14. Electronic acceptance
The Tester agrees that electronic acceptance is intended to identify the Tester and indicate agreement to these terms. The Discloser may retain an electronic record of the Tester’s legal name, email address, acceptance date and time, agreement version and related access record. The Tester should save or receive a copy of this Agreement.