PRE-ALPHA TESTER NDA AND TESTING AGREEMENT

Game: Abitrium
Company: Digital Octopus Group, LLC, a Texas limited liability company (“Company”)
Effective Date: September 1, 2026
Version: 1.0 — September 1, 2026

Thank you for helping us test Abitrium. This Agreement explains the rules for participating in our closed pre-alpha test. Because Abitrium is still in development, you will see information and materials that are not public.

By electronically accepting this Agreement, you (“Tester”) acknowledge that you have read and agree to be bound by its terms.

1. Closed Pre-Alpha Test

Company is giving Tester limited access to an unreleased pre-alpha version of Abitrium, an iOS tactical space-combat and science-fiction strategy game (the “Game”), solely so Tester can evaluate the Game, identify problems, and provide feedback.

Test access is personal, limited, revocable, non-transferable, and only for testing. Participation does not give Tester any ownership rights in the Game or any guarantee of future testing access or access to the finished Game.

Tester may stop participating at any time by uninstalling the Game and discontinuing use of the test.

2. Keep Pre-Alpha Information Confidential

“Confidential Information” means non-public information that Tester receives, sees, or learns through the test, including:

• the pre-alpha Game build and its contents;
• gameplay systems, mechanics, balance, and progression;
• story, characters, lore, dialogue, and narrative content;
• artwork, animation, audio, user interfaces, screenshots, videos, and other visual materials;
• features that Company has not publicly announced;
• technical information about the Game or related services;
• bugs, exploits, vulnerabilities, crashes, balancing information, and development status;
• development plans, roadmaps, and future features; and
• communications, documents, instructions, or other materials Company identifies as confidential.

Tester must use reasonable care to protect Confidential Information and may use it only for participating in the test.

Confidential Information does not include information Tester can show:

1. was publicly available without a violation of this Agreement;
2. was lawfully known to Tester without a confidentiality obligation before Company disclosed it;
3. was lawfully received from another person who was permitted to disclose it; or
4. was independently developed by Tester without using Company’s Confidential Information.

If Tester is legally required to disclose Confidential Information, Tester may make the required disclosure. Where legally permitted, Tester must give Company reasonable advance notice so Company has an opportunity to seek appropriate protection.

3. No Public Footage or Discussion During Pre-Alpha

Unless Company gives express written permission, Tester may not publicly disclose Confidential Information from the closed pre-alpha.

This means Tester may not, for example:

• post or share screenshots, recordings, or gameplay video;
• livestream the Game;
• upload Game material to YouTube, TikTok, Twitch, social media, forums, Discord servers, Reddit, or similar services;
• publicly discuss confidential features, story content, bugs, systems, balance, exploits, or development information; or
• provide the Game build or Confidential Information to journalists, content creators, other developers, or other third parties.

Company may later give Tester or a group of testers written permission to publish or discuss particular material. That permission may be given by email, through TestFlight, through an official tester communication, or through another written Company notice.

Any permission applies only to the material, timing, platforms, or activities Company identifies. All other restrictions in this Agreement remain in effect.

Company does not need a new agreement merely to loosen these restrictions.

4. TestFlight Access and No Redistribution

Tester may use the Game only through Company-authorized testing methods, currently including Apple TestFlight.

Tester may not:

• share a TestFlight invitation or access link with an unauthorized person;
• share an account, access credential, or testing entitlement;
• copy or distribute the Game build except as technically necessary for authorized testing;
• sell, sublicense, give away, or transfer test access; or
• knowingly allow an unauthorized person to access the Game.

Company may suspend or revoke Tester’s access at any time, including immediately if Company reasonably believes Tester has violated this Agreement or created a security or confidentiality risk.

5. Bugs, Security, and Reverse Engineering

Finding bugs is part of testing. Tester may investigate and report bugs through Company-approved testing methods.

Tester may not:

• reverse engineer, decompile, disassemble, or attempt to derive the Game’s source code, except to the limited extent applicable law expressly prohibits this restriction;
• bypass or circumvent access controls, security measures, authentication, or technical restrictions;
• exploit bugs for purposes unrelated to legitimate testing;
• attempt to gain unauthorized access to Company systems, servers, accounts, services, or another person’s information; or
• publicly disclose a security vulnerability before Company has had a reasonable opportunity to investigate and address it.

Tester should report suspected security vulnerabilities to legal@digitaloctopusgroup.com.

Nothing in this section is intended to prohibit legitimate testing expressly authorized by Company or conduct that applicable law does not allow Company to restrict.

6. The Game Is Unfinished

Tester understands that Abitrium is unfinished pre-release software.

The Game may contain serious bugs, crashes, incomplete or missing features, balance problems, placeholder content, compatibility problems, or errors that could result in loss or corruption of Game data.

Features may change substantially or be removed. Saved progress may be changed or reset. Servers and other services may be interrupted or discontinued. Company does not promise that the Game will always be available or that Tester will retain access to any particular build, feature, account, progress, or content.

Participation in this test does not guarantee access to future tests or to the final released Game.

Tester should not rely on pre-alpha software or Game data for anything important.

7. Feedback

Tester may voluntarily send Company comments, bug reports, ideas, suggestions, gameplay observations, screenshots submitted for testing purposes, or other feedback relating to the Game (“Feedback”).

Tester keeps ownership of any intellectual property Tester already owned before providing the Feedback.

However, to the extent Tester owns rights in Feedback submitted about the Game, Tester grants Company a perpetual, worldwide, irrevocable, royalty-free, fully paid-up, transferable, and sublicensable right to use, copy, modify, adapt, develop from, incorporate, distribute, publish, commercialize, or otherwise use that Feedback for any purpose.

Company may use or decline to use Feedback without paying royalties, compensation, or other amounts to Tester.

Tester represents that Tester has the right to provide the Feedback and grant these rights.

This section does not give Company ownership of unrelated pre-existing intellectual property belonging to Tester.

8. Company Intellectual Property

As between Tester and Company, Company and its licensors retain all rights in Abitrium and Company-provided materials, including the Game software and code, artwork, audio, designs, characters, narrative, interfaces, logos, trademarks, copyrights, confidential information, and other intellectual property.

This Agreement gives Tester only the limited right to access and use the test build for authorized testing.

No other ownership, license, or intellectual-property rights are granted except as expressly stated in this Agreement.

9. Privacy and Test Data

Testing may involve the collection of information relating to the test, including diagnostic information, crash reports, device information, gameplay information, usage information, and information Tester voluntarily submits as feedback.

Company’s collection, use, sharing, retention, and deletion of personal information is described in Company’s Privacy Policy:

[PRIVACY POLICY URL]

Tester should review the Privacy Policy before participating.

Apple may separately collect and process information through TestFlight under Apple’s own terms and privacy practices. Information collected by Apple through TestFlight may be provided to Company as part of the testing service.

This Agreement does not expand Company’s right to collect personal information beyond what is disclosed in the applicable Privacy Policy and other legally required notices.

Questions or privacy requests may be sent to legal@digitaloctopusgroup.com.

10. Age Requirements

Tester must be at least 18 years old and must have reached the age of legal majority where Tester lives.

Individuals who have not reached the age of legal majority where they live may not participate in the test.

By accepting this Agreement, Tester confirms that Tester satisfies these age requirements.

Company may require reasonable confirmation of eligibility before providing or continuing test access.

11. No Warranty and Limits on Liability

The Game and test are provided “as is” and “as available.”

To the maximum extent permitted by applicable law, Company makes no warranties regarding the Game or the test, including that the Game will be error-free, secure, uninterrupted, compatible with every device, or ultimately released.

To the maximum extent permitted by applicable law, Company is not responsible for indirect, incidental, special, consequential, exemplary, or punitive damages resulting from Tester’s participation in the test, including lost or corrupted Game data or progress.

Nothing in this Agreement limits or excludes liability that applicable law does not allow Company to limit or exclude.

12. Ending Participation

Either Tester or Company may end Tester’s participation at any time.

Company may immediately revoke access if Tester violates this Agreement or if Company reasonably determines that ending access is appropriate for confidentiality, security, technical, or testing reasons.

When participation ends, Tester must stop using the Game and delete any Company-provided copies or Confidential Information in Tester’s possession when reasonably requested, except information automatically retained through ordinary device backups or records Tester must retain by law.

Sections concerning confidentiality, Feedback, Company intellectual property, liability, and any other provisions that by their nature should continue will survive termination.

13. How Long Confidentiality Lasts

Tester’s confidentiality obligations continue during the test and for three (3) years after Tester’s participation ends.

For any particular information, confidentiality ends sooner if Company officially makes that information public without confidentiality restrictions.

Limited permission allowing Tester or another person to disclose particular information does not automatically make all related information public.

Information that qualifies as a trade secret under applicable law must remain confidential for as long as it continues to qualify as a trade secret.

14. Apple and TestFlight

Apple is not a party to this Agreement.

Tester’s use of TestFlight is also subject to Apple’s applicable TestFlight and Apple service terms. If Apple’s rules impose additional requirements on Tester’s use of TestFlight, Tester must comply with those requirements as well.

Nothing in this Agreement changes Apple’s rights or obligations under Apple’s own agreements.

15. Governing Law and General Terms

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

Subject to any rights that applicable law does not permit the parties to waive, disputes relating to this Agreement will be brought exclusively in the state courts located in Travis County, Texas, or, if federal jurisdiction exists, in the United States District Court for the Western District of Texas, Austin Division.

If part of this Agreement is found unenforceable, the remaining provisions will continue to apply to the extent permitted by law.

This Agreement, together with Company’s Privacy Policy and any testing instructions expressly incorporated into it, contains the agreement between Company and Tester concerning the closed pre-alpha test. Apple’s separate agreements continue to govern Tester’s relationship with Apple.

Changes to this Agreement generally require written agreement. However, Company may unilaterally waive or reduce confidentiality, publicity, recording, streaming, or similar restrictions by giving Tester written authorization. Such permission does not require Tester to accept a replacement agreement.

Electronic acceptance of this Agreement is intended to have the same effect as a written signature.

Digital Octopus Group, LLC
Austin, Texas, United States
legal@digitaloctopusgroup.com