Beta Participation Terms

1.1 These Beta Participation Terms (“Beta Terms”) govern participation in any pre-commercial, testing, pilot, or beta programme (“Beta Programme”) offered by Serenyc Limited (“Serenyc”, “Company”, “we”, “us”, “our”).

1.2 These Beta Terms apply in addition to the Serenyc Terms of Use, Privacy Policy, and Cookie Policy. In the event of any conflict, these Beta Terms prevail solely in relation to the Beta Programme and Beta Products. The Terms of Use govern beta participation to the extent not covered or varied by these Beta Terms, including under Clause 21.7 of the Terms of Use (Beta Services — Risk Acknowledgment). Where a separate Beta Participation Form or onboarding document is signed by a participant, that form supplements these Beta Terms but does not override, supersede, or amend them or any of the documents listed in this Clause 1.2. In the event of any conflict between a Beta Participation Form and these Beta Terms or the Terms of Use, these Beta Terms and the Terms of Use shall prevail. A Beta Participation Form may add programme-specific details (such as device identifiers, programme duration, or specific consent confirmations) but may not reduce, limit, or vary the protections afforded to participants under these Beta Terms.

1.3 Where a Beta Programme involves a physical hardware device, the safety provisions in Clause 5 apply and take precedence over any general limitation of liability in Clause 11.

2.1 The Beta Programme may involve the provision of experimental, pre-commercial products and services, including: (i) connected hardware devices; (ii) software platforms and applications; (iii) automation and sensory environment systems; (iv) consumables and integrated product systems; and (v) digital services and platform features.

2.2 You expressly acknowledge and agree that:

• the Beta Product is experimental and pre-commercial and may contain errors, defects, instabilities, or interruptions;
• the Beta Product is incomplete and may be unstable, subject to change, or withdrawn without notice at any time;
• the Beta Product is not a finished commercial product and may not have completed full regulatory testing or safety certification, in particular, any hardware device provided under a Beta Programme may not yet have received final commercial safety certification and may not meet all product safety standards applicable to finished commercial products. Before issuing any Beta Device to participants, Serenyc conducts a minimum internal safety review to assess that the device does not present an unreasonable risk of injury under normal or reasonably foreseeable use. This internal review does not substitute for formal regulatory certification and participants should note the limitations described in Clause 18.
• the Beta Product is not warranted to be fit for any particular purpose, reliable, or suitable for any purpose beyond testing;
• certain features, functionalities, or integrations may be modified, limited, or removed without notice and without liability;
• the Beta Product may never be commercially released;
• performance and safety characteristics may differ materially from those of any eventual commercial product; and
• Serenyc gives no warranty, express or implied, as to the continuity, stability, fitness for purpose, or commercial readiness of any Beta Product.

2.3 The Beta Programme duration is approximately 4 weeks for consumer participants (B2C) and 60 to 90 days for business participants (B2B), subject to variation at Serenyc’s discretion.

3.1 Participation is by invitation or selection at Serenyc’s sole discretion acting reasonably. Serenyc reserves the right to accept, reject, or remove any applicant or participant at any time, subject to mandatory consumer law. Where removal is for breach of these Beta Terms or for safety or operational reasons, Serenyc will provide such notice as is reasonably practicable in the circumstances. Where removal is for any other reason and the participant has incurred costs or paid any amount in connection with the Beta Programme, Serenyc will provide reasonable advance notice and a pro-rata refund of any amount paid for the unused portion of the Beta Programme.

3.2 Participants must: (i) be at least 18 years of age; (ii) provide accurate and complete information during registration and throughout participation; and (iii) comply with all instructions, safety guidelines, and requirements communicated by Serenyc.

4.1 Participants shall use Beta Products: (i) solely for testing and evaluation purposes in accordance with all instructions provided; (ii) in a safe environment consistent with all safety guidelines; and (iii) not for any commercial or production purpose.

4.2 Participants shall not: (i) modify, tamper with, or reverse engineer any Beta Device or software; (ii) use unauthorised consumables with Beta Devices; (iii) use Beta Devices in unsafe environments; (iv) disassemble any hardware component; or (v) attempt to extract source code or firmware.

4.3 Participants acknowledge that Beta Devices may include heat-based and electrical components and that risks may arise from malfunction, misuse, or use in an incompatible environment.

4.4 Participants with respiratory sensitivities, allergies, asthma, or other relevant medical conditions should consult a qualified medical professional before using any scent-based or airborne Beta Product.

Where the Beta Programme includes a physical hardware device or related consumables (a “Beta Device”), you acknowledge that the Beta Device may not yet have received all product safety certifications applicable to a finished commercial product. You agree to:

5.1 Follow all safety instructions, guidelines, and warnings provided with the Beta Device or communicated by Serenyc during participation.

5.2 Keep the Beta Device out of reach of children and pets at all times.

5.3 Not disassemble, tamper with, modify, or attempt to repair the Beta Device.

5.4 Report any safety incident, device defect, malfunction, overheating, leaking, smoke emission, sparking, or abnormal behaviour to Serenyc at hello@serenyc.com or via the designated incident reporting channel within 24 hours of the event.

5.5 Discontinue use immediately and contact Serenyc without delay if the Beta Device malfunctions, overheats, leaks, emits smoke or sparks, or behaves unsafely.

5.6 Return the Beta Device at the conclusion of participation in accordance with Clause 13.

5.7 Remote Disable and Stop-Use Notices: Serenyc reserves the right to remotely disable, restrict, or limit the functionality of any Beta Device at any time where Serenyc reasonably suspects a safety issue, malfunction, security risk, or risk of harm to any person or property. Where Serenyc issues a written stop-use notice to a participant (by email to the registered address or via the Serenyc application), the participant must: (i) immediately discontinue all use of the Beta Device and any associated consumables; (ii) store the Beta Device safely and out of reach of other persons; and (iii) not resume use until Serenyc confirms in writing or through the application that use may safely continue. Failure to comply with a stop-use notice constitutes a material breach of these Beta Terms.

Your statutory rights under the Liability for Defective Products Act 1991 (Ireland) and EU Product Liability Directive 85/374/EEC are fully preserved. Nothing in these Beta Terms limits Serenyc’s liability for personal injury or death arising from a defective Beta Device or Serenyc’s negligence.

6.1 Participants must: (i) use the Beta Product in accordance with all instructions and safety guidelines; (ii) exercise reasonable care at all times; (iii) provide accurate information throughout participation; and (iv) not use the Beta Product for any unlawful purpose or in any manner likely to cause harm.

6.2 Participants shall immediately discontinue use where: (i) a safety concern arises; (ii) device malfunction or abnormal behaviour is observed; or (iii) any adverse physical reaction occurs.

6.3 Participants shall not publicly share, publish, or disclose any confidential information about the Beta Product without Serenyc’s prior written consent. This obligation is governed in full by Clause 16.

6.4 Participants shall report all bugs, defects, safety issues, and adverse events promptly via the channels specified in Clause 12.

7.1 Beta Products are provided on an “as is” and “as available” basis, without warranty of any kind.

7.2 Serenyc makes no representations or warranties, express or implied, including as to: (i) fitness for any particular purpose; (ii) merchantability; (iii) reliability, performance, or uptime; (iv) compliance with regulatory or safety standards applicable to finished commercial products; (v) safety certification of Beta Devices; (vi) availability, continuity, or stability of any feature or integration; or (vii) that the Beta Product will be error-free or uninterrupted.

7.3 Participants acknowledge that Beta Products: (i) may not meet commercial, regulatory, or safety requirements applicable to finished products; (ii) may contain defects or errors; and (iii) are subject to modification or withdrawal at any time without notice.

7.4 Consumer statutory rights preserved: Nothing in this Clause 7 excludes, limits, or affects any statutory implied term, consumer guarantee, or non-excludable right applicable to consumer participants under the Consumer Rights Act 2022 (Ireland), the Sale of Goods Act 1893 (as amended), or any other mandatory consumer legislation in any applicable jurisdiction. The disclaimers in Clauses 7.1, 7.2, and 7.3 apply only to the extent permitted by applicable law and do not apply where they would conflict with mandatory consumer protection provisions.

8.1 Serenyc may at any time, with or without prior notice: (i) modify, update, or enhance any feature or functionality of the Beta Product; (ii) discontinue, replace, or withdraw any feature, including features that depend on cloud infrastructure, third-party APIs, or platform integrations; or (iii) change the technical requirements or platform dependencies required to participate in the Beta Programme.

8.2 Where a modification materially affects your ability to participate, Serenyc will use reasonable endeavours to provide advance notice.

8.3 Serenyc shall not be liable for any loss or inconvenience arising from discontinued, modified, or withdrawn features, except as required by applicable mandatory consumer law.

9.1 The Beta Product may interact with or connect to third-party platforms, applications, services, or APIs. Serenyc is not responsible for: (i) the conduct, availability, accuracy, or reliability of any such third-party service; (ii) changes made by a third-party provider that affect the functionality of any integration; (iii) the data practices or privacy policies of any third-party service; or (iv) any loss or damage arising from your use of or reliance on any third-party service.

9.2 Participants are responsible for reviewing and complying with the terms and privacy policies of any third-party service accessed in connection with the Beta Programme.

9.3 Serenyc may modify, suspend, or discontinue any third-party integration at any time without notice, and shall not be liable for any impact this may have on participation.

10.1 Participation in the Beta Programme is entirely voluntary. By participating, you acknowledge that you have read and understood these Beta Terms and are freely choosing to participate having assessed the risks described herein.

10.2 Participants assume all risks associated with: (i) use of hardware devices containing electrical and heat-based components; (ii) device or system malfunction; (iii) connectivity interruptions; (iv) use of pre-commercial, uncertified products; and (v) the experimental nature of the Beta Programme.

10.3 Nothing in this Clause 10 limits Serenyc’s liability for personal injury or death arising from Serenyc’s negligence or from a defect in the Beta Device, or any other liability that cannot lawfully be excluded or limited.

11.1 General cap: To the maximum extent permitted by law, Serenyc’s total aggregate liability for all claims arising out of or in connection with these Beta Terms shall not exceed: (a) €100; or (b) the actual amount paid by you to Serenyc in connection with the Beta Programme; whichever is greater.

11.2 Physical device defects — property damage: Notwithstanding Clause 11.1, where a claim arises directly from a physical defect in a Beta Device (including electrical or heat-related malfunction) that causes damage to tangible property, and that claim does not constitute or arise from death or personal injury, Serenyc’s liability for such property damage shall not exceed the recommended retail price of the equivalent commercial product or, where no commercial product exists, a reasonable replacement value of the Beta Device as notified to participants.

11.3 Non-excludable liability: Nothing in these Beta Terms excludes or limits Serenyc’s liability for: (i) death or personal injury caused by Serenyc’s negligence; (ii) fraud or fraudulent misrepresentation; (iii) liability under the Liability for Defective Products Act 1991 (Ireland) or EU Product Liability Directive 85/374/EEC; (iv) statutory consumer remedies available to participants under the Consumer Rights Act 2022 (Ireland) or any other applicable mandatory consumer legislation; or (v) any other liability that cannot lawfully be excluded or limited under Irish law or applicable mandatory consumer legislation. The cap in Clause 11.1 applies only to the extent permitted by applicable law and does not apply to any claim falling within (i) to (v) above.

11.4 Serenyc shall not be liable, to the extent permitted by law, for: (i) loss of data; (ii) business interruption; (iii) loss of profit or revenue; or (iv) indirect, consequential, or special damages.

11.5 Participants acknowledge that the limitations in this Clause 11 reflect the experimental and pre-commercial nature of the Beta Programme and the voluntary basis of participation.

12.1 Participants must report the following via the designated channels (email: hello@serenyc.com, Discord, or in-app reporting as notified): (i) safety incidents; (ii) device malfunctions; (iii) unexpected or abnormal device behaviour; (iv) personal injury or near-miss incidents; and (v) property damage caused by or suspected to be caused by a Beta Device.

12.2 Reports of safety incidents or device malfunctions must be made as soon as reasonably practicable and in any event within 24 hours of the incident.

12.3 Failure to report: Failure to report a safety incident or device malfunction within the required period may limit Serenyc’s ability to investigate the incident, identify the cause, and take corrective action. However, failure to report does not affect your statutory rights under the Liability for Defective Products Act 1991 (Ireland), the Consumer Rights Act 2022 (Ireland), or any other applicable law, including any right to claim compensation for personal injury, property damage, or product defect.

12.4 Serenyc shall: (i) acknowledge receipt of reports; (ii) investigate issues in good time; and (iii) provide guidance, corrective measures, or device replacement where appropriate.

12.5 Serenyc operates an ongoing incident review process for Beta Products. Participants will be notified of any changes to reporting requirements during the Beta Programme period.

13.1 All Beta Devices remain the property of Serenyc at all times and are loaned to participants solely for testing during the Beta Programme.

13.2 Upon completion or termination of participation, participants must return all Beta Devices and associated materials within 14 days of being notified of the return requirement. Serenyc will provide prepaid return labels unless otherwise agreed in writing.

13.3 Non-return charges: Failure to return a Beta Device within the required period may result in Serenyc recovering the value of the unreturned Beta Device. The recoverable amount shall be: (i) the replacement value of the Beta Device as notified to the participant at the time of enrolment in the Beta Programme; or (ii) where no specific value was notified, the recommended retail price of the equivalent commercial product at the time of the demand; or (iii) where no equivalent commercial product exists, a reasonable market value of the Beta Device as assessed by Serenyc in good faith. No charge will be levied without prior written notice to the participant and a seven (7) business day period to return the device or dispute the charge. Legal recovery action may be taken where a charge is not paid following this procedure.

13.4 Participants must return Beta Devices in the condition received, subject to normal wear and tear from authorised use.

14.1 Participation involves the collection and processing of personal data and device data. Data collected may include:

• Device usage data, including interaction frequency, scent profile selections, sensory preferences, and automation settings;
• Performance logs, operational telemetry, and connectivity status;
• Device identifiers and SDK-generated telemetry from the Serenyc application and connected device;
• Feedback, survey responses, incident reports, and communications; and
• Registration information and contact details.

14.2 All personal data collected during the Beta Programme is processed in accordance with the Serenyc Privacy Policy. Participants should read the Privacy Policy carefully before participating.

14.3 Data minimisation: Data collected is limited to what is strictly necessary to: (i) operate the Beta Device and platform; (ii) enable user-configured automations and sensory preferences; (iii) support product performance, safety, and reliability; and (iv) improve the product based on participant experience. Serenyc does not collect unnecessary or excessive behavioural signals beyond what is required for these purposes.

14.4 Granularity and retention: Behavioural and usage data is stored at an appropriate level of granularity. Where possible, data is held in aggregated or event-based form rather than as continuous raw streams. Detailed interaction logs are retained for a maximum of two years and are then either anonymised or permanently deleted. Long-term use of such data is restricted to aggregated, non-identifiable insights for product improvement purposes only.

14.5 Automated processing: Data collected during the Beta Programme may be used to personalise and automate your sensory environment experience. Serenyc does not perform solely automated decision-making that produces legal or similarly significant effects on individuals within the meaning of Article 22 GDPR.

14.6 International transfers: No personal data collected during the Beta Programme is transferred outside the European Economic Area or the United Kingdom unless and until the relevant transfer safeguard — such as Standard Contractual Clauses adopted by the European Commission — is fully executed and in force.

14.7 Security: Serenyc implements appropriate technical and organisational security measures to protect personal data collected during the Beta Programme, including encryption in transit and at rest, access controls, and secure cloud infrastructure. In the event of a personal data breach likely to affect your rights, Serenyc will notify the Data Protection Commission within 72 hours and, where there is a high risk to your rights, will inform you directly without undue delay in accordance with Articles 33 and 34 GDPR.

15.1 Participants may provide feedback, suggestions, ideas, reports, and evaluations in connection with the Beta Programme.

15.2 Licence: Participants hereby grant Serenyc a royalty-free, irrevocable, perpetual, worldwide, sublicensable licence to use, reproduce, modify, adapt, publish, translate, distribute, and exploit all feedback, suggestions, ideas, reports, evaluations, and other contributions provided in connection with the Beta Programme, for any purpose connected with the development, improvement, and commercialisation of Serenyc’s products and services. Serenyc may use feedback without restriction or obligation to acknowledge, compensate, or notify the participant. Participants retain ownership of their intellectual property in feedback. Where feedback incorporates any pre-existing intellectual property of the participant, the participant grants Serenyc a royalty-free, irrevocable, perpetual, worldwide, sublicensable licence to use such pre-existing intellectual property as incorporated in the feedback, on the same terms as set out in this Clause 15.2.

15.3 All intellectual property in the Beta Products, including hardware designs, firmware, software, formulations, sensory profiles, and associated technical materials, remains the sole and exclusive property of Serenyc. Participation grants no intellectual property licence beyond the limited right to use the Beta Product for testing during the Beta Programme.

16.1 Definition: For the purposes of these Beta Terms, Confidential Information means all non-public information disclosed to or accessed by the participant in connection with the Beta Programme, including: (i) the features, design, functionality, and technical specifications of the Beta Product; (ii) hardware designs, components, schematics, and device architecture; (iii) formulations, scent profiles, and sensory specifications; (iv) software, firmware, and platform architecture; (v) the existence, content, or outcome of the Beta Programme; (vi) commercial strategy, pricing, and business plans; and (vii) any other information a reasonable person would understand to be confidential given its nature.

16.2 Obligations: Participants agree to: (i) keep all Confidential Information strictly confidential; (ii) not disclose Confidential Information to any third party without Serenyc’s prior written consent; (iii) use Confidential Information solely for the purpose of participating in the Beta Programme; (iv) not copy, reproduce, or record any Confidential Information beyond what is strictly necessary for participation; and (v) notify Serenyc immediately upon becoming aware of any actual or suspected unauthorised disclosure or misuse of Confidential Information.

16.3 No photography or recording: Participants shall not photograph, video-record, or otherwise capture any image or recording of the Beta Product, Beta Device, packaging, internal components, or accompanying materials, except for the purpose of submitting an incident or defect report expressly requested by Serenyc. Participants shall not post, share, or publish any image, recording, description, or review of the Beta Product on any platform, including social media, review sites, blogs, or online forums without Serenyc’s prior written consent. Nothing in this Clause 16.3 prevents a participant from: (i) exercising any statutory consumer right or making a complaint to a consumer authority; (ii) making a safety disclosure to a regulatory authority, supervisory authority, government body, or emergency service; (iii) seeking legal, medical, or professional advice; or (iv) complying with any mandatory legal obligation.

16.4 Duration: The obligations in Clauses 16.2 and 16.3 survive termination or expiry of participation: (i) indefinitely, in respect of hardware designs, formulations, and technical specifications; and (ii) for two (2) years following the end of participation, in respect of general Beta Programme details and commercial information.

16.5 Exceptions to confidentiality obligations: The obligations in Clauses 16.2 and 16.3 do not apply to information that the participant can demonstrate: (i) was already publicly available at the time of disclosure through no act or omission of the participant; or (ii) is required to be disclosed by applicable law, regulation, or court order, provided that the participant gives Serenyc maximum practicable advance written notice and cooperates in seeking a protective order or confidentiality undertaking. In addition, nothing in Clauses 16.2 and 16.3 prevents a participant from disclosing information: (iii) to a competent regulatory or supervisory authority (including the Data Protection Commission, the Competition and Consumer Protection Commission, the Health and Safety Authority, or any equivalent authority) where required or permitted by law; (iv) to a qualified legal adviser who is subject to professional confidentiality obligations; (v) to a medical professional or emergency service where disclosure is necessary for health or safety purposes; (vi) to an insurer for the purpose of making or supporting a legitimate insurance claim; or (vii) where required by mandatory safety reporting or whistleblowing legislation in any applicable jurisdiction.

17.1 Serenyc may terminate a participant’s participation at any time, acting reasonably, in the following circumstances: (i) where Serenyc has reasonable grounds to do so for operational, commercial, or programme management reasons, subject to providing reasonable advance notice and, where the participant has paid any amount in connection with the Beta Programme, a pro-rata refund of the unused portion; (ii) for material breach of these Beta Terms by the participant; (iii) for safety or operational reasons where continued participation presents a risk to persons or property, in which case notice may be given as soon as reasonably practicable after termination; or (iv) upon conclusion or cancellation of the Beta Programme as a whole.

17.2 Participants may withdraw from the Beta Programme at any time by notifying Serenyc at hello@serenyc.com.

17.3 Upon termination or withdrawal: (i) access to the Beta Product shall cease; (ii) Beta Devices must be returned under Clause 13; and (iii) the obligations in Clauses 11, 15, 16, and 18 survive and continue in full force.

18.1 Regulatory position and minimum safety standard: Beta Products may not yet bear all regulatory certifications applicable to finished commercial products, including CE marking under applicable EU product safety directives or the Radio Equipment Directive 2014/53/EU. Serenyc acknowledges that the EU General Product Safety Regulation 2023/988 (GPSR), which applies to all products supplied within the EU whether or not for payment, requires that all products — including those distributed for beta testing — must meet the general product safety standard: that is, they must not present an unacceptable risk of injury to health and safety under normal or reasonably foreseeable conditions of use. Before distributing any Beta Device to participants, Serenyc carries out a minimum internal safety review to assess whether the device meets this general safety standard. This internal review does not substitute for formal CE marking or full regulatory certification and participants are informed of this limitation by these Beta Terms. Beta Devices should not be used in any safety-critical, medical, industrial, or professional capacity.

18.2 Participants acknowledge that regulatory compliance is under active development and that use of Beta Products is strictly for testing purposes. Beta Products should not be used in any safety-critical, medical, industrial, or professional capacity.

18.3 Serenyc will use reasonable endeavours to communicate any known safety risks to participants promptly and in any event as soon as reasonably practicable after identification. Where a safety issue is identified that presents an unacceptable risk, Serenyc may issue a stop-use notice under Clause 5.7 and will not require or permit participants to continue using the Beta Device until the issue is resolved.

19.1 These Beta Terms shall be governed by and construed in accordance with the laws of Ireland.

19.2 The courts of Ireland shall have exclusive jurisdiction to settle any dispute arising out of or in connection with these Beta Terms, subject to the mandatory consumer protection rights of participants resident in another EU Member State.

20.1 Entire Agreement: These Beta Terms, together with the Terms of Use, Privacy Policy, and Cookie Policy, constitute the entire agreement between Serenyc and participants in respect of the Beta Programme.

20.2 Severability: If any provision is found invalid or unenforceable, it shall be modified to the minimum extent necessary to make it enforceable. Remaining provisions continue in full force.

20.3 Assignment: Serenyc may assign its rights and obligations in connection with any business transfer, merger, or restructuring.

20.4 Amendments: Serenyc may update these Beta Terms from time to time. The following two-tier amendment process applies. (a) Routine amendments (including minor clarifications, administrative updates, or changes that do not materially affect participants’ rights): Serenyc will provide at least 14 days’ written notice. Continued participation after the effective date of a routine amendment constitutes acceptance. (b) Material amendments (including any change to safety obligations, the scope of data processing, the limitation of liability provisions, or confidentiality obligations): Serenyc will provide written notice and require express acceptance — either by a signed written confirmation, a click-through acceptance within the Serenyc application, or such other clear affirmative action as Serenyc specifies — before the amendment takes effect in relation to any participant. Where a participant does not accept a material amendment, Serenyc will provide the option to withdraw from the Beta Programme, and will refund any amount paid for the unused period of participation. Continued participation without express acceptance does not constitute acceptance of a material amendment.

20.5 Contact: For queries regarding these Beta Terms, device safety, data, or confidentiality, contact Serenyc at hello@serenyc.com.