PROJECT AMBER BETA TESTING AGREEMENT

1. INTRODUCTION AND ACCEPTANCE

Welcome to Project Amber (also referred to as "Amber"), a beta-phase AI-powered photo restoration application. By accessing or using Project Amber, you ("User," "you," or "your") agree to be bound by these Beta Testing Terms of Service ("Agreement"). If you do not agree to these terms, you must immediately discontinue use of the service.

Project Amber and Amber are trade names under which Ellicott City Brews LLC, a Maryland limited liability company ("Provider," "we," "us," or "our"), operates this service.

2. NATURE OF SERVICE – BETA PRODUCT

2.1 Beta Status

Amber is currently in BETA TESTING and is provided solely for testing, feedback, and optimization purposes. The service is NOT a final commercial product and may contain bugs, errors, incomplete features, or other deficiencies.

2.2 No Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. We specifically disclaim all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that:

• The service will be uninterrupted, timely, secure, or error-free;
• The results obtained from the service will be accurate, reliable, or complete;
• Any errors in the service will be corrected; or
• The service will meet your requirements or expectations.

2.3 Pre-Revenue Phase

Project Amber is currently offered at zero revenue and is not intended for commercial deployment during this beta phase. All access is provided free of charge for testing and optimization purposes only.

3. PROPRIETARY RIGHTS AND INTELLECTUAL PROPERTY

3.1 Proprietary Technology

All technology, software, algorithms, machine learning models, neural networks, user interfaces, and methods used in Project Amber (collectively, the "Technology") are proprietary and confidential. The Technology is protected by:

• U.S. Provisional Patent Application No. 64/018,180, titled "Systems and Methods for Neural Image Restoration";
• Trade secret protections under applicable law;
• Copyright and other intellectual property rights.

3.2 Limited License

You are granted a limited, non-exclusive, non-transferable, revocable license to use Project Amber solely for personal, non-commercial testing during the beta period. This license does not grant you any ownership rights, and all rights not expressly granted herein are reserved.

3.3 Patent Pending Notice

The restoration methods employed by Project Amber are Patent Pending. Unauthorized reverse engineering, decompilation, or commercial exploitation of the Technology is strictly prohibited and may result in civil and criminal liability.

4. CONFIDENTIALITY

4.1 Beta Confidentiality

The features, user interface, performance characteristics, and specific capabilities of Project Amber are confidential and proprietary. During the beta period, you agree:

• Not to publicly disclose, discuss, or share screenshots, videos, or detailed descriptions of the beta interface or features without our prior written consent;
• Not to benchmark, compare, or review Project Amber publicly on social media, blogs, or other platforms;
• To provide feedback and bug reports directly to us through designated channels.

4.2 Permitted Sharing

You may share your own restored photos (the output) for personal purposes, but you may not market or promote Project Amber as a commercial service or imply any endorsement without authorization.

5. USER CONTENT AND PRIVACY

5.1 User Ownership

You retain all ownership rights to the original photographs and images you upload to Amber ("User Content"). We do not claim ownership of your User Content.

5.2 License Grant to Provider

By uploading User Content, you grant Ellicott City Brews LLC a non-exclusive, worldwide, royalty-free license to:

• Store, process, and analyze your User Content;
• Use your User Content strictly for model optimization and technical refinement of the AI restoration algorithms;
• Generate restored versions of your User Content;
• Use aggregated, anonymized, or de-identified data derived from User Content for research, development, and optimization purposes.

This license exists solely for the purpose of providing and improving Project Amber during the beta testing period.

5.3 No Sale or Public Distribution of User Content

We will not sell your User Content to third parties or publicly distribute it without your explicit written consent. However, anonymized or aggregated data (which cannot reasonably identify you or your content) may be used for internal analytics and research.

5.4 Data Security

While we implement commercially reasonable security measures to protect User Content, we cannot and do not guarantee absolute security. You acknowledge that internet transmission and electronic storage are inherently insecure and that you upload User Content at your own risk.

5.5 Data Retention

User Content may be retained during the beta period for service provision and model training. We reserve the right to delete User Content at any time without notice, including upon termination of the beta program.

6. PROHIBITED USES

You agree NOT to:

• Use Project Amber for any commercial purpose, including but not limited to reselling restored images, offering restoration services to third parties, or using outputs in commercial products or high-stakes restoration projects;
• Upload content that you do not own or have permission to use;
• Upload content that is unlawful, defamatory, obscene, pornographic, harassing, or otherwise objectionable;
• Attempt to reverse engineer, decompile, disassemble, or otherwise derive the source code or algorithms underlying Project Amber;
• Use automated tools (bots, scrapers, etc.) to access or interact with the service;
• Interfere with or disrupt the integrity or performance of the service;
• Attempt to circumvent any security measures or access controls;
• Use Amber in any manner that violates applicable laws or regulations.

Violation of these prohibitions may result in immediate termination of your access and potential legal action.

7. LIMITATION OF LIABILITY

7.1 Maximum Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, ELLICOTT CITY BREWS LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE "RELEASED PARTIES") SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF PROJECT AMBER, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7.2 Specific Disclaimers

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE RELEASED PARTIES SHALL NOT BE LIABLE FOR:

• Loss, corruption, or deletion of User Content;
• Errors, bugs, or defects in the service;
• Unauthorized access to or use of your data;
• Interruptions, delays, or unavailability of the service;
• Any actions or omissions of third parties (including cloud service providers);
• Any harm resulting from the use of restored images.

7.3 Beta Acknowledgment

You expressly acknowledge that Project Amber is a beta product and that use of the service is ENTIRELY AT YOUR OWN RISK. You are solely responsible for maintaining backups of your User Content.

7.4 Zero Liability Cap

Because Project Amber is provided free of charge during the beta period, the Released Parties' total aggregate liability to you for any and all claims arising out of or related to this Agreement or your use of Project Amber is limited to $0.00 USD.

8. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

• Your use of Project Amber;
• Your violation of this Agreement;
• Your violation of any rights of another person or entity;
• Your User Content or any claim that your User Content infringes or violates any third-party rights.

9. TERMINATION

9.1 Right to Terminate

We reserve the right, in our sole discretion, to:

• Terminate the Project Amber beta program entirely at any time without notice;
• Suspend or terminate your individual access to Amber at any time, with or without cause, and without notice;
• Modify, suspend, or discontinue any aspect of the service.

9.2 Effect of Termination

Upon termination:

• Your right to use Project Amber immediately ceases;
• We may delete your User Content and account data without liability;
• Sections 3 (Proprietary Rights), 4 (Confidentiality), 5.2 (License Grant), 7 (Limitation of Liability), 8 (Indemnification), and 10 (General Provisions) survive termination.

10. GENERAL PROVISIONS

10.1 Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Maryland, without regard to its conflict of law principles. Any legal action arising out of or related to this Agreement shall be brought exclusively in the state or federal courts located in Howard County, Maryland, and you consent to the personal jurisdiction of such courts.

10.2 Entire Agreement

This Agreement constitutes the entire agreement between you and Ellicott City Brews LLC concerning Project Amber and supersedes all prior or contemporaneous agreements, understandings, or communications, whether written or oral.

10.3 Amendments

We reserve the right to modify this Agreement at any time. Changes will be effective immediately upon posting to the Project Amber platform. Your continued use of Project Amber after changes are posted constitutes your acceptance of the revised Agreement.

10.4 Severability

If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

10.5 Waiver

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

10.6 Assignment

You may not assign or transfer this Agreement or any rights hereunder without our prior written consent. We may assign this Agreement at any time without notice.

10.7 No Agency

Nothing in this Agreement creates any agency, partnership, joint venture, or employment relationship between you and Ellicott City Brews LLC.

10.8 Export Compliance

You agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations maintained by the U.S. Department of Commerce.

11. CONTACT INFORMATION

For questions, concerns, or notices regarding this Agreement or Project Amber, please contact:

12. ACKNOWLEDGMENT

BY CLICKING "I ACCEPT," REGISTERING FOR, OR USING PROJECT AMBER, YOU ACKNOWLEDGE THAT:

• You have read, understood, and agree to be bound by this Agreement;
• Project Amber is a beta product provided "AS IS" with no warranties;
• You assume all risks associated with using the service;
• The Released Parties' liability is limited to $0.00;
• You will not use Project Amber for commercial purposes or disclose confidential beta features publicly.