Awake Pilot and Evaluation Agreement
Run a limited product evaluation with explicit data, costs and conversion terms.
- Entity and jurisdiction fit
- US software companies; state-specific adaptation required
- Binding posture
- Binding when completed and signed
- Variants
- Complete the stated selections
- Before use
- Each party’s own counsel must review and approve the document.
Awake Pilot and Evaluation Agreement
Commercial Terms
Provider/evaluator: [names/addresses]. Product and evaluation purpose: [description]. Start/end dates: [dates]. Users, usage, environment and success criteria: [limits]. Fee/costs: [terms or none]. Real personal data permitted: [no / yes under attached DPA/security terms]. Conversion: [separate signed subscription required]. Notice contacts: [contacts].
1. Limited evaluation
Provider permits only the specified internal evaluation during the pilot. No production reliance, resale, exclusivity or source license arises unless expressly completed. Identify whether outputs may be used commercially and any prohibited sensitive data. Evaluate against the stated criteria without implying purchase acceptance or guaranteed results.
2. Responsibilities and information
Each party supplies its agreed resources and contacts. Protect exchanged confidential information with reasonable care, standard lawful exclusions and [years] survival, with continuing trade-secret protection. Customer retains its data. Feedback license, test results and permitted publicity are [express terms]; no public endorsement arises from participation.
3. Charges and risk
Fees and refunds are as agreed. Experimental limitations, support, warranty remedies, liability cap and exclusions are [terms]. A no-charge pilot does not itself justify an unlimited data-risk disclaimer. Data processing needs completed lawful instructions and security commitments before real personal data is used.
4. End and conversion
Either party may end on [days] notice or immediately for a material security or unlawful-use issue. At end stop access, export agreed data within [days], then delete under [retention terms]. There is no automatic paid subscription or payment-card charge. A later subscription requires its own signed order and service terms.
General terms
Formal notices go to the contacts and delivery methods in the Commercial Terms. Governing law: [state and country]; dispute forum: [court and venue, or separately completed arbitration provision], subject to mandatory law. The parties will first meet in good faith within [days] after a dispute notice; this does not delay urgent relief or a filing deadline. This document and the signed schedules listed here constitute the agreement on this subject. Changes require a writing signed by the affected parties. A schedule overrides another document only by identifying the provision and the agreed replacement. No provision silently amends an existing equity, financing, or employment instrument. Severability applies to the extent lawful. Neither party may transfer this agreement without the other's written consent except to a successor acquiring the relevant business that assumes its obligations in writing, subject to any expressly agreed restrictions. Counterparts and electronic signatures are permitted.
Signatures
Party A: [full legal name]. Authorized signature: [signature]. Name and title: [name and title]. Date: [date].
Party B: [full legal name]. Authorized signature: [signature]. Name and title: [name and title]. Date: [date].
Signed schedules and implementing documents: [list, dates, and versions, or none].
Companion documents
- Awake Subscription and Software Order Form
- Awake SaaS Subscription Agreement
- Awake Data Processing Agreement
- Awake Security Addendum
Data-room records: 07-02, 07-03. See the mapping.