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Trial Use Agreement

Trial Use Agreement Template for Philippines

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Key Requirements PROMPT example:

Trial Use Agreement

"Need a Trial Use Agreement for our new cloud-based accounting software to be tested by a mid-sized retail company in Manila for 3 months starting March 2025, with strong data privacy provisions and user feedback requirements."

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Document background
Trial Use Agreements are essential documents in the Philippine business landscape where companies increasingly need to validate products and services before full commercial deployment. This agreement type is specifically designed to facilitate controlled testing periods while protecting both providers' and users' interests under Philippine law. The document typically includes comprehensive terms covering trial duration, permitted uses, feedback requirements, and risk allocation. A Trial Use Agreement is particularly valuable when organizations need to evaluate new technologies, software, or equipment in real-world conditions while maintaining legal protections and ensuring compliance with Philippine regulations, including the Consumer Act, Data Privacy Act, and E-Commerce Act. It serves as a crucial risk management tool while enabling innovation and product development.
Suggested Sections

1. Parties: Identification of the parties entering into the agreement - the provider/owner of the trial product/service and the trial user

2. Background: Context of the agreement, including the nature of the product/service being trialed

3. Definitions: Key terms used throughout the agreement

4. Trial Period: Duration of the trial, start date, and end date

5. Purpose of Trial: Specific objectives and scope of the trial use

6. Trial Product/Service: Description of the product or service being provided for trial

7. Terms of Use: Conditions and limitations on how the trial product/service may be used

8. Feedback and Reporting: Requirements for user feedback and any reporting obligations during the trial

9. Confidentiality: Obligations regarding confidential information shared during the trial

10. Intellectual Property: Protection of IP rights and ownership of trial results/feedback

11. No Warranties: Disclaimer of warranties given the trial nature of the product/service

12. Limitation of Liability: Limits on liability for both parties during the trial period

13. Termination: Conditions under which either party may terminate the trial

14. Post-Trial Obligations: Requirements after trial completion, including return/deletion of materials

15. General Provisions: Standard boilerplate clauses including governing law, notices, and entire agreement

Optional Sections

1. Data Privacy and Protection: Required if personal data will be collected or processed during the trial

2. Safety Requirements: Necessary for trials involving physical products or on-site testing

3. User Support: Include if technical support or training will be provided during the trial

4. Costs and Expenses: Required if there are any fees or cost-sharing arrangements for the trial

5. Insurance: Include if specific insurance coverage is required for the trial

6. Conversion to Commercial Agreement: Include if there's a possibility of converting to a full commercial agreement after the trial

7. Non-Competition: Include if trial user should be restricted from engaging with competing products/services

8. Publicity: Include if there are restrictions or permissions regarding public announcements about the trial

Suggested Schedules

1. Schedule 1 - Trial Product/Service Specifications: Detailed technical specifications of the trial product/service

2. Schedule 2 - Trial Protocol: Detailed procedures and methodologies for conducting the trial

3. Schedule 3 - Success Criteria: Metrics and benchmarks for evaluating the trial's success

4. Schedule 4 - Feedback Form: Template for providing structured feedback during the trial

5. Schedule 5 - Support Services: Details of any technical support or training to be provided

6. Appendix A - Data Processing Requirements: Specific requirements for handling personal or sensitive data if applicable

7. Appendix B - Safety Guidelines: Safety procedures and precautions if applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Authorized Users
Background IP
Confidential Information
Effective Date
Feedback
Intellectual Property Rights
Permitted Purpose
Provider
Results
Schedule
Services
Site
Success Criteria
Technical Documentation
Term
Territory
Trial Period
Trial Product
Trial Protocol
Trial Services
Trial User
User Data
Working Day
Acceptance Criteria
Affiliate
Applicable Law
Completion Date
Deliverables
Force Majeure Event
Implementation Plan
Personal Data
Representatives
Security Requirements
Support Services
Test Environment
Trial Fees
Trial Location
Trial Materials
Unauthorized Use
Clauses
Parties and Trial Purpose
Definitions
Grant of Trial Rights
Trial Period
Scope of Use
Trial Protocol
Implementation
User Obligations
Provider Obligations
Feedback and Reporting
Acceptance Testing
Technical Support
Data Protection
Confidentiality
Intellectual Property
No Warranties
Limitation of Liability
Indemnification
Insurance
Term and Termination
Effect of Termination
Post-Trial Obligations
Force Majeure
Assignment
Publicity
Non-Competition
Notices
Costs and Expenses
Dispute Resolution
Governing Law
Entire Agreement
Severability
Amendments
Relationship of Parties
Counterparts
Relevant Industries

Technology

Software Development

Manufacturing

Healthcare

Education

Financial Services

Telecommunications

Consumer Electronics

Pharmaceutical

Industrial Equipment

Professional Services

Research and Development

E-commerce

Biotechnology

Agricultural Technology

Relevant Teams

Legal

Business Development

Product Development

Research and Development

Procurement

Operations

Information Technology

Quality Assurance

Risk Management

Compliance

Commercial

Technical Services

Innovation

Contract Management

Customer Success

Relevant Roles

Legal Counsel

Business Development Manager

Product Manager

Chief Technology Officer

Innovation Director

Research and Development Manager

Procurement Manager

Contract Administrator

Risk Manager

Operations Director

Chief Information Officer

Quality Assurance Manager

Technical Project Manager

Compliance Officer

Commercial Director

Industries
Civil Code of the Philippines (Republic Act No. 386): Provides the basic framework for contracts, including requirements for validity, obligations and contracts, and remedies for breach
Consumer Act of the Philippines (Republic Act No. 7394): Protects consumer interests and establishes standards of conduct for business and industry, particularly relevant for product trials and testing
Data Privacy Act of 2012 (Republic Act No. 10173): Regulates the collection, processing, and storage of personal information, which is crucial if the trial involves collecting user data
Intellectual Property Code of the Philippines (Republic Act No. 8293): Protects intellectual property rights and trade secrets that may be involved in the trial use agreement
Electronic Commerce Act of 2000 (Republic Act No. 8792): Governs electronic transactions and may apply if the trial involves digital products or services
Competition Act (Republic Act No. 10667): Ensures fair competition and may be relevant if the trial agreement contains exclusivity clauses or restrictions
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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