Day 31 — Beta Testing Non-Disclosure Agreement

This Non-Disclosure Agreement (the “Agreement”) is entered into between Day 31 (the “Developer”) and the individual identified in the signature section below (the “Tester”), effective as of the date signed.

1. Purpose

The Developer is granting the Tester access to a pre-release (“beta”) version of the video game Day 31 and related materials solely for the purpose of testing the game and providing feedback (the “Purpose”).

2. Confidential Information

“Confidential Information” means any non-public information the Tester accesses or receives in connection with the beta, including but not limited to: the game build and its files, gameplay, features, story, characters, art, audio, mechanics, screenshots, video, bugs, unreleased plans, and any communications from the Developer marked or reasonably understood to be confidential.

3. Tester Obligations

The Tester agrees to:

• Keep all Confidential Information strictly confidential.
• Not share, stream, record, screenshot, post, publish, or otherwise disclose any part of the beta to any third party or on any public platform (including social media, Discord, YouTube, Twitch, or forums) without the Developer’s prior written permission.
• Not copy, distribute, resell, reverse-engineer, decompile, or attempt to extract source code or assets from the beta build.
• Use the beta only for the Purpose and only on devices the Tester controls.
• Not use the Confidential Information for any competing product or for the Tester’s own commercial benefit.

4. Exclusions

Confidential Information does not include information that: (a) is or becomes publicly available through no fault of the Tester; (b) was lawfully known to the Tester before disclosure; or (c) the Developer later releases publicly or authorizes in writing to be disclosed.

5. Feedback

Any bug reports, suggestions, or feedback the Tester provides may be used by the Developer without restriction or compensation, and the Tester assigns to the Developer any rights in such feedback as it relates to the game.

6. No License or Ownership

The beta and all Confidential Information remain the sole property of the Developer. Nothing in this Agreement grants the Tester any ownership, license, or intellectual property rights beyond the limited right to access the beta for the Purpose.

7. No Warranty

The beta is provided “as is,” without warranties of any kind. It may contain bugs and is not a final product. The Tester uses it at their own risk.

8. Term & Return

The Tester’s confidentiality obligations begin on the date signed and continue until the relevant information is made public by the Developer or the Developer releases the Tester in writing. Upon request or at the end of the beta, the Tester will stop using and delete all copies of the beta build in their possession.

9. Governing Law

This Agreement is governed by the laws of the State of Tennessee, United States of America, without regard to its conflict-of-laws rules.

10. Acknowledgment

By completing and submitting the form below, the Tester confirms that they have read, understood, and agree to be bound by this Agreement. The Tester’s typed name below serves as their electronic signature.