Berserk Beta Program — Terms of Use
Version 0.3 (beta) · Effective 2026-04-19
These Beta Terms (the "Terms") govern your access to and use of the pre-release ("beta") version of the Berserk software, including its command-line interface ("bzrk"), container images, Helm charts, and related artifacts (collectively, the "Software"), distributed by Berserk ApS ("Berserk", "we", or "us"). To the extent there is a conflict between these Terms and any other agreement you have with us, these Terms govern. By downloading, installing, or using the Software you agree to be bound by these Terms. If you do not agree, do not use the Software.
1. Pre-release Software
The Software is a pre-release version. "Pre-release" means software, container images, Helm charts, and command-line tools that are not yet generally available, such as private preview, public preview, early access, technical preview, or similar versions.
Pre-release software may not operate correctly. It may delete your data, corrupt your data, or have other bugs. It also may not work the way a final commercial version of the software will.
Berserk may change or discontinue the pre-release Software at any time, for any reason, without notice to you. Berserk may change the Software for the final commercial version, or may not release a commercial version at all. Berserk is not obligated to provide you any maintenance, technical support, or updates for the Software.
2. Installation and Use Rights
a. General. Berserk grants you a limited, non-exclusive, non-transferable, royalty-free, revocable license to download, install, and use the Software solely for your internal business evaluation, development, testing, and non-production use, by you and your affiliates, contractors, and employees acting on your behalf. You may use any number of copies of the Software to evaluate its functionality and internally develop and test your applications, including deployment of the Software within your internal corporate network for evaluation but not external distribution. You may also use the Software in internally demonstrating your applications, but may not use the pre-release Software in any active production environment, including any use to process live customer data. Running the Software within your own internal environment does not, by itself, constitute redistribution, resale, sublicensing, or provision of the Software as a hosted service to third parties.
b. Eligibility. The Software is offered for business or professional use only and is not intended for consumers. You represent that you are at least 18 years old, that you are acting in the course of a trade, business, or profession, and that — if you are accepting these Terms on behalf of an organization — you have the authority to bind that organization to these Terms.
c. Inclusion of Third-Party Components. The Software may include or depend on third-party components with separate legal notices or governed by other agreements, as may be described in a license file or notices distributed alongside the Software. Those components remain subject to their respective licenses.
3. Scope of License
Berserk reserves all rights not expressly granted to you in these Terms, including retaining ownership of all aspects of the pre-release Software as well as all related intellectual property rights. The Software is licensed, not sold.
Unless applicable law gives you more rights despite this limitation, you may use the Software only as expressly permitted in these Terms. In doing so, you must comply with any technical limitations in the Software that only allow you to use it in certain ways. Except as expressly permitted in Section 2, you may not:
a. work around any technical limitations in the Software;
b. reverse engineer, decompile, or disassemble the Software, or otherwise attempt to derive the source code for the Software, except to the extent required by applicable third-party licensing terms governing use of certain open-source components that may be included in the Software;
c. remove, minimize, block, or modify any notices of Berserk or its suppliers in the Software, including the contents of the NOTICE distributed with the Software;
d. lease, resell, sublicense, or otherwise redistribute the Software for a fee or other commercial consideration. Nothing in this clause restricts you from linking to, referencing, or pointing others to the public download channels that Berserk itself makes available;
e. provide the Software as a stand-alone offering, as a hosted or managed service to third parties, or combine it with any of your applications for others to use;
f. transfer the Software or these Terms to any third party other than your affiliates, contractors, and employees acting on your behalf under Section 2(a);
g. use the Software to create or propagate malware, or in any way that is against the law;
h. publish misleading, unattributed, or deliberately unfair comparative performance benchmarks of the Software (accurate and fairly-conducted benchmarks are permitted; we welcome advance notice so we can review methodology); or
i. use the Software in any hazardous or safety-critical environment requiring fail-safe performance, including operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, life-support machines, medical devices, weapons systems, or emergency-response systems. The Software is not designed for such use.
4. Data Collection and Usage
The Software does not collect usage telemetry, diagnostic data, or personal data from the systems on which you deploy it. It operates entirely within your environment.
We may process information you voluntarily provide to us — for example, support inquiries, account registration for a future hosted offering, or Feedback under Section 7 — in accordance with our privacy practices.
If a future version of the pre-release Software introduces optional telemetry, it will be documented and these Terms will be updated to describe what is collected and why before such a version is offered to you.
5. Updates
You may obtain updates to the pre-release Software only from Berserk or Berserk-authorized sources. Software updates may not include or support all existing features, platforms, services, or peripheral devices. These updates are generally meant to improve and evolve the Software, but they may also change or disable any part of the Software, including potentially removing features and services, or revoking support for certain platforms.
6. Time-Bound Software
Your use of the pre-release Software will end upon any of (i) commercial release of the Software, (ii) Berserk's discretion to discontinue the support or development of the Software, or (iii) termination of the beta program by either party. You may not be able to access data used in the Software when it stops running.
These Terms apply to the beta only; use of any generally available (1.0 or later) release will be governed by a separate end-user license agreement in effect at the time of that release. We may update these Terms from time to time; material changes will take effect upon publication of a new effective date above. Continued use of the Software after an update constitutes acceptance of the revised Terms.
7. Feedback
If you give feedback about the pre-release Software to Berserk, you give Berserk the right to use, share, and commercialize your feedback in any way and for any purpose, without payment to you. You agree that you will not give feedback that is subject to any license that would require Berserk to license its software or documentation to third parties if we included your feedback in them. You should not include any confidential information or personal data in feedback; this license does not extend to such content.
8. No Warranties
You bear the sole risk of using the pre-release Software.
The pre-release Software is licensed "AS IS" and "AS AVAILABLE", with all faults, without any warranty of any kind or sort, whether such warranty would be express, implied, or statutory. To the extent permitted under your local laws, Berserk disclaims all warranties in the pre-release Software, including implied warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, course of dealing, usage of trade, data integrity, and non-infringement.
Berserk gives no express warranties, guarantees, or commitments about the pre-release Software or its quality, reliability, availability, security, or function. The Software may contain errors, may delete or corrupt your data, and may have defects or other bugs.
9. No Uptime Guarantees
The pre-release Software is not subject to an uptime guarantee or similar service level agreement. The Software may be unavailable or stop working entirely at any time for any reason.
10. Limitation of Liability
Nothing in these Terms excludes or limits our liability for fraud, gross negligence, wilful misconduct, death or personal injury caused by our negligence, or any other liability that cannot be excluded or limited under applicable law (including, where applicable, mandatory product-liability rules and non-waivable rights).
Subject to the preceding paragraph, and to the maximum extent permitted by law, Berserk shall not be liable for any direct, indirect, incidental, special, consequential, exemplary, or punitive damages, including without limitation damages for lost profits, lost revenue, lost data, business interruption, or costs of substitute goods or services, arising out of or in connection with the Software or these Terms, whether based in contract, tort, strict liability, or otherwise, and whether or not Berserk has been advised of the possibility of such damages. Berserk's total aggregate liability under these Terms shall not exceed USD 0 (zero), reflecting that the Software is provided without charge during the beta.
11. Compliance with Export Restrictions
You must comply with all domestic and international export laws and regulations that apply to the pre-release Software, including any applicable restrictions on destinations, end users, and end use. You shall not export, re-export, or transfer the Software in violation of any applicable export control, trade, or sanctions law, or make the Software available to any individual or entity in a country or territory subject to a comprehensive U.S., EU, or UN trade embargo, or to any party on a U.S., EU, or UN restricted-parties list.
12. Governing Law
These Terms are governed by the laws of Denmark, without regard to its conflict of laws principles. Any dispute arising from or relating to these Terms shall be subject to the exclusive jurisdiction of the courts of Copenhagen, Denmark.
13. Contact
Questions about these Terms may be directed to hello@bzrk.dev.
The current version of these Terms is always published at https://www.bzrk.dev/legal/beta-terms.