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Enterprise Terms of Use

SaaS terms for Whitehats Technologies governance platforms · Last updated:

These Terms of Use (“Terms”) govern access to and use of the websites, portals, APIs, and software-as-a-service (SaaS) enterprise governance platforms operated by Whitehats Technologies Private Limited (“Company”, “we”, “us”, or “our”), including GRC, DSPM, consent, privacy, and regulatory technology products (collectively, the “Services”). The marketing website at whitehats.in and related pages are referred to as the “Site”.

By accessing the Site, requesting a demo, executing an Order Form, or using the Services, the Customer agrees to these Terms and to the Privacy Policy. If the Customer does not agree, it must not use the Services.

Definitions

  • “Customer” means the legal entity that enters into these Terms, executes an Order Form, or uses the Services, and includes its Affiliates where expressly authorized in writing.
  • “Authorized Users” means employees, contractors, and agents of the Customer who are authorized by the Customer to access the Services under the Customer’s account.
  • “Order Form” or “Subscription Agreement” means a written or electronically executed commercial agreement specifying the subscribed Services, fees, term, users, deployment model, and any supplemental terms.
  • “Customer Data” means data, content, records, files, and information submitted to or processed by the Services on behalf of the Customer or its Authorized Users.
  • “Documentation” means the product guides, technical specifications, security materials, and usage documentation made available by the Company for the Services.
  • “Service Level Agreement” or “SLA” means any service level schedule, uptime commitment, support matrix, or service credit policy referenced in or attached to an Order Form.
  • “Affiliate” means an entity that controls, is controlled by, or is under common control with a party, where “control” means ownership of more than fifty percent (50%) of voting securities or the power to direct management.

Agreement to Terms

These Terms constitute a legally binding agreement between the Company and the Customer. If an individual accepts these Terms on behalf of an organization, that individual represents that they have authority to bind the organization as Customer. The Customer is responsible for all acts and omissions of its Authorized Users as if they were the Customer’s own.

If the Customer and the Company execute an Order Form, Subscription Agreement, statement of work, data processing agreement, or other written commercial document, those documents control with respect to the subscribed Services to the extent they conflict with these Terms. Product-specific schedules, service levels, security exhibits, and support terms incorporated by reference in an Order Form are part of the agreement between the parties.

The Company may update these Terms by posting a revised version on the Site and updating the “Last updated” date. Material changes to active subscriptions will be communicated in accordance with the applicable Order Form or Subscription Agreement. Continued use of the Services after the effective date of an update constitutes acceptance, except where applicable law or the Order Form requires otherwise.

The Services are offered to business customers and Authorized Users who are at least eighteen (18) years of age. The Customer shall not permit minors to use the Services except where permitted by applicable law and expressly supported by the relevant product functionality.

SaaS Products Covered

These Terms apply to the Company’s SaaS enterprise governance platforms, including:

  • ComplianceForesight — governance, risk, and compliance (GRC) automation;
  • DataForesight.ai — data security posture management (DSPM);
  • iConsentO — consent and preference management;
  • OneDPDP — privacy and DPDP operations; and
  • iRegu — regulatory technology (RegTech).

Evaluations, proofs of concept, pilots, and production subscriptions are each subject to these Terms unless a separate written evaluation agreement applies.

License and Access

Subject to the Customer’s payment of applicable fees and compliance with these Terms, the Company grants the Customer a limited, non-exclusive, non-transferable, non-sublicensable right for Authorized Users to access and use the subscribed Services during the subscription term solely for the Customer’s internal business operations in accordance with the Documentation and applicable Order Form.

The Customer shall not, and shall not permit any third party to:

  • sell, resell, rent, lease, sublicense, distribute, or make the Services available to third parties except as expressly permitted in an Order Form;
  • copy, modify, translate, or create derivative works of the Services or Documentation, except as permitted by mandatory law;
  • reverse engineer, decompile, disassemble, or attempt to derive source code from the Services, except where prohibited by mandatory law;
  • remove or obscure proprietary notices on the Services or Documentation;
  • use the Services to build or support a competing product or service; or
  • exceed licensed user, environment, data volume, API, or usage limits stated in the Order Form.

Intellectual Property Rights

The Company and its licensors retain all right, title, and interest in and to the Services, Site, Documentation, software, models, algorithms, interfaces, workflows, templates, branding, and all related intellectual property rights. No rights are granted except as expressly stated in these Terms or an Order Form. The Company owns all improvements, derivative works, enhancements, and modifications to the Services, whether developed by the Company independently, jointly with the Customer, or based on Feedback, excluding Customer Data and the Customer’s pre-existing intellectual property.

The Customer retains all right, title, and interest in Customer Data. The Company shall not sell Customer Data. The Customer grants the Company a worldwide, limited license to host, copy, transmit, display, process, and otherwise use Customer Data solely as necessary to provide, secure, maintain, support, and improve the Services in accordance with these Terms and any applicable data processing agreement.

Customer Obligations

The Customer represents, warrants, and covenants that it shall:

  • provide accurate account, billing, and administrative information and keep it current;
  • ensure Authorized Users comply with these Terms and applicable law;
  • maintain the confidentiality of credentials, API keys, tokens, and administrative access;
  • implement appropriate internal access controls, role assignments, and offboarding for Authorized Users;
  • use the Services only for lawful enterprise governance, compliance, privacy, security, and regulatory operations;
  • obtain all rights, notices, and consents required for Customer Data processed through the Services; and
  • promptly notify the Company of any suspected unauthorized access or security incident relating to the Services.

The Customer is responsible for its network connectivity, identity providers, endpoint security, and third-party integrations configured outside the Services, except where the Company expressly assumes such obligations in an Order Form.

Fees and Payment Obligations

Fees, billing frequency, payment method, taxes, renewal terms, and any minimum subscription commitment are set forth in the applicable Order Form or Subscription Agreement. Unless otherwise stated therein:

  • fees are quoted and payable in the currency specified in the Order Form;
  • invoices are due within the payment period stated in the Order Form or thirty (30) days from invoice date;
  • late amounts may accrue interest at the rate permitted by applicable law or as stated in the Order Form;
  • fees are non-cancelable and non-refundable except as expressly provided in these Terms or the Order Form;
  • all fees are exclusive of applicable taxes, duties, and withholdings, which the Customer is responsible for paying; and
  • the Company may suspend Services for undisputed overdue amounts in accordance with the Term, Suspension and Termination section.

Professional services, implementation, training, custom development, premium support, and additional environments or usage beyond the subscribed scope are charged separately unless included in the Order Form.

Acceptable Use

The Customer shall not, and shall not permit Authorized Users or third parties to:

  • use the Services in violation of applicable law, regulation, sanctions, export controls, or third-party rights;
  • upload, transmit, or process malicious code, unlawful content, or content that infringes intellectual property or privacy rights;
  • probe, scan, test, or circumvent the security or authentication controls of the Services without the Company’s prior written consent;
  • interfere with or disrupt the integrity, availability, or performance of the Services or other customers’ use;
  • access the Services through unauthorized automated means, credential sharing, or account pooling outside licensed entitlements;
  • misrepresent identity, impersonate another person or organization, or create accounts under false pretenses;
  • use the Services to send unsolicited communications in breach of anti-spam or marketing laws; or
  • attempt to access data, accounts, or environments belonging to another customer.

The Company may investigate suspected violations and cooperate with law enforcement or regulators where required. Material violations may result in suspension or termination under these Terms.

Feedback

If the Customer provides suggestions, enhancement requests, benchmarking input, or other feedback regarding the Services (“Feedback”), the Company may use such Feedback without restriction or obligation to the Customer, provided that the Company shall not identify the Customer publicly without consent. Feedback does not include Customer Data and is not subject to license restrictions on Customer Data.

Data Protection and Privacy

The Company maintains appropriate privacy and security practices for the Services. The Privacy Policy describes how the Company handles personal information on the Site and in pre-contractual interactions. By using the Site or Services, the Customer agrees to the Privacy Policy, which is incorporated into these Terms.

Where the Customer processes personal data through the Services, the parties shall comply with applicable data protection laws and any data processing agreement executed between them. The Customer is responsible for establishing a lawful basis for processing and for providing required notices to data subjects, except where the Company acts as a processor solely in accordance with the Customer’s documented instructions and the applicable data processing agreement.

Information Security

The Company maintains an information security program designed to protect the confidentiality, integrity, and availability of the Services and Customer Data. Without limiting the Customer’s obligations under these Terms, the Company implements administrative, technical, and organizational controls aligned with ISO/IEC 27001 principles and industry practices appropriate for enterprise SaaS, including:

  • encryption of Customer Data in transit and at rest, where applicable to the subscribed Services;
  • multi-factor authentication and strong authentication options for administrative access;
  • role-based access controls and least-privilege principles for personnel and systems;
  • vulnerability management, security patching, and remediation workflows;
  • periodic penetration testing and security assessments of production environments;
  • logging, monitoring, and incident detection capabilities; and
  • secure software development lifecycle practices for material changes to the Services.

Additional security commitments, audit rights, subprocessors, data residency, and breach notification timeframes may be set out in an Order Form, data processing agreement, or security exhibit. The Customer is responsible for configuring the Services securely, managing Authorized User access, and maintaining security of systems and integrations under its control.

AI Services

Certain Services may include artificial intelligence, machine learning, or automated recommendation features (“AI Features”). AI Features are designed to assist governance, risk, compliance, privacy, security, and regulatory workflows. The Customer acknowledges and agrees that:

  • AI Features produce outputs, scores, classifications, summaries, or recommendations that require human review and validation before operational, legal, or regulatory reliance;
  • the Customer retains sole responsibility for decisions, filings, notices, control assessments, remediation actions, and compliance outcomes based on AI Features;
  • AI Features do not constitute legal advice, regulatory advice, audit opinion, or professional consultancy; and
  • the Company does not warrant that AI Features will be error-free, complete, or suitable for every jurisdiction, framework, or fact pattern applicable to the Customer.

The Customer shall not use AI Features in a manner that violates applicable law, infringes third-party rights, or processes special categories of data without appropriate authority and safeguards.

Open Source Software

The Services may incorporate open-source software (“OSS”) components. OSS components are licensed under their applicable open-source licenses and not under these Terms except as necessary to permit use of the Services. To the extent required by applicable OSS licenses, the Company shall make available information regarding relevant OSS components and license terms as described in the Documentation or upon reasonable request. Nothing in these Terms limits the Customer’s rights or imposes obligations under applicable OSS licenses that cannot be limited by contract.

Confidentiality

1. Confidential Information

Each party (the “Disclosing Party”) may disclose to the other party (the “Receiving Party”) confidential or proprietary information in connection with the Services, demonstrations, evaluations, support, these Terms, or any Subscription Agreement (collectively, “Confidential Information”).

Confidential Information includes, without limitation:

  • Customer Data and all information derived from Customer Data;
  • non-public business information, pricing, proposals, product roadmaps, business plans, financial information, and commercial terms;
  • software, source code, object code, APIs, algorithms, models, platform architecture, technical documentation, security documentation, vulnerability reports, and product designs;
  • credentials, encryption keys, authentication tokens, configuration information, system architecture, and operational procedures;
  • the terms of any Subscription Agreement, Order Form, Statement of Work, or other commercial agreement between the parties; and
  • any information designated as confidential or that a reasonable person would understand to be confidential given its nature and the circumstances of disclosure.

2. Exclusions

Confidential Information does not include information that the Receiving Party can demonstrate:

  • was publicly available at the time of disclosure or becomes publicly available without breach of these Terms;
  • was lawfully known to the Receiving Party before disclosure without confidentiality obligations;
  • is independently developed without use of or reference to the Disclosing Party’s Confidential Information; or
  • is lawfully obtained from a third party without restriction on disclosure.

The foregoing exclusions shall not apply to Customer Data solely because similar information exists elsewhere.

3. Confidentiality Obligations

The Receiving Party shall:

  • use the Confidential Information solely for the purposes of performing or exercising its rights under these Terms or any applicable Subscription Agreement;
  • protect the Confidential Information using at least the same degree of care it uses to protect its own confidential information of a similar nature, and in no event less than reasonable care;
  • restrict access to employees, contractors, professional advisers, auditors, affiliates, and subprocessors who have a legitimate need to know and who are bound by confidentiality obligations no less protective than those contained herein; and
  • promptly notify the Disclosing Party, where legally permitted, upon becoming aware of any unauthorized access to or disclosure of the Confidential Information.

4. Required Disclosure

The Receiving Party may disclose Confidential Information where required by applicable law, regulation, court order, or governmental authority, provided that, unless prohibited by law, it shall promptly notify the Disclosing Party and reasonably cooperate in seeking confidential treatment, protective orders, or other appropriate remedies.

The Company may access, use, and disclose Customer Data only as necessary to provide, secure, maintain, support, improve, and comply with legal obligations relating to the Services, and in accordance with the applicable Subscription Agreement, Privacy Policy, and Data Processing Agreement.

5. Return or Destruction

Upon written request or upon termination of the applicable agreement, the Receiving Party shall promptly return or securely destroy the Disclosing Party’s Confidential Information, except where retention is:

  • required by applicable law or regulatory obligation;
  • necessary for legitimate backup, disaster recovery, legal hold, or archival purposes; or
  • otherwise expressly permitted under these Terms.

Any retained Confidential Information shall remain subject to the confidentiality obligations contained in this section until securely deleted.

6. Duration

The confidentiality obligations under this section shall survive termination or expiration of these Terms for a period of five (5) years.

Trade secrets and Customer Data shall remain protected for so long as they qualify for protection under applicable law or until they are lawfully made public by the Disclosing Party.

7. Equitable Relief

Each party acknowledges that unauthorized use or disclosure of Confidential Information may cause irreparable harm for which monetary damages may be inadequate. Accordingly, the Disclosing Party shall be entitled to seek injunctive relief, specific performance, or other equitable remedies, in addition to any other remedies available under applicable law.

Term, Suspension and Termination

1. Term

These Terms shall become effective on the date the Customer first accesses or uses the Services and shall continue until terminated in accordance with these Terms or any applicable Subscription Agreement or Order Form.

2. Suspension of Services

Without limiting any other rights or remedies, Whitehats Technologies Private Limited (“Company”) may temporarily suspend all or part of the Services, without liability, if:

  • the Customer fails to pay any undisputed fees when due;
  • the Customer materially breaches these Terms or any applicable agreement;
  • the Customer’s use of the Services poses a security risk to the Company, its infrastructure, or other customers;
  • the Services are used for unlawful, fraudulent, or unauthorized purposes;
  • suspension is required by applicable law, regulation, court order, or governmental authority; or
  • emergency maintenance or security updates are necessary to protect the integrity or availability of the Services.

Where reasonably practicable, the Company will provide advance notice of suspension and an opportunity to remedy the issue before suspending the Services.

3. Termination by Customer

The Customer may terminate the subscription:

  • upon expiration of the applicable subscription term by providing the required notice under the Subscription Agreement; or
  • if the Company materially breaches these Terms and fails to cure such breach within thirty (30) days after receiving written notice.

Termination shall not relieve the Customer of its obligation to pay any fees accrued before the effective date of termination.

4. Termination by Company

The Company may terminate these Terms or the Customer’s subscription immediately upon written notice if:

  • the Customer materially breaches these Terms and fails to cure the breach within thirty (30) days after written notice;
  • the Customer repeatedly violates these Terms;
  • the Customer becomes insolvent, enters liquidation, or is subject to bankruptcy proceedings;
  • continued provision of the Services would violate applicable law or expose the Company to regulatory or legal liability; or
  • the Customer intentionally misuses the Services or attempts to compromise the security, availability, or functionality of the platform.

5. Effect of Termination

Upon termination:

  • all licenses granted under these Terms immediately terminate;
  • Customer access to the Services shall cease;
  • API credentials, authentication tokens, and administrative access may be revoked; and
  • the Company may disable customer accounts and associated services.

Termination shall not affect rights or obligations accrued prior to termination.

6. Customer Data

The Customer retains ownership of all Customer Data uploaded to or processed by the Services. The Company shall not sell Customer Data. Following termination:

  • the Customer may request export of its data during the applicable post-termination access period specified in the Subscription Agreement;
  • unless otherwise required by law or agreed in writing, the Company may permanently delete Customer Data after the expiration of the applicable retention period; and
  • the Company may retain limited records required for legal compliance, audit obligations, billing, fraud prevention, dispute resolution, and enforcement of these Terms.

Backups maintained for disaster recovery purposes shall be deleted in accordance with the Company’s standard backup retention policies.

7. Offboarding Assistance

Where specified in the applicable Order Form or Subscription Agreement, the Company may provide reasonable transition assistance, including:

  • export of customer data;
  • configuration exports;
  • audit reports;
  • compliance reports; and
  • migration assistance.

Additional professional services may be subject to separate fees.

8. Survival

The following provisions shall survive termination:

  • Confidentiality
  • License and Access
  • Intellectual Property Rights
  • Fees and Payment Obligations
  • Acceptable Use
  • Data Protection and Privacy
  • Feedback
  • Information Security
  • AI Services
  • Open Source Software
  • Limitation of Liability
  • Indemnification
  • Dispute Resolution
  • Governing Law
  • audit rights, if any, as expressly set out in the applicable Order Form or master services agreement;
  • any provisions which by their nature are intended to survive termination.

9. No Re-registration Following Termination for Cause

Where the Company terminates an account due to fraud, security violations, unlawful activity, or material breach of these Terms, the Customer shall not create or attempt to create another account without the Company’s prior written consent.

10. Reservation of Rights

The Company reserves all rights and remedies available under applicable law, including the right to seek damages, injunctive relief, specific performance, or any other legal or equitable remedy arising from violations of these Terms.

Service Availability and Changes

Service availability, support response times, maintenance windows, uptime commitments, and service credits, if applicable, shall be governed exclusively by the Service Level Agreement (“SLA”) referenced in the applicable Order Form. If no SLA is referenced in the Order Form, the Company will use commercially reasonable efforts to make the subscribed Services available, without guaranteeing uninterrupted or error-free operation.

Planned maintenance, emergency maintenance, security patching, and infrastructure updates may cause temporary interruption or degraded performance. The Company will use reasonable efforts to provide advance notice of planned maintenance that may materially affect production Services, except where immediate action is required for security or stability.

The Company may enhance, modify, or discontinue features of the Services from time to time. Where a change materially reduces core functionality of a subscribed Service, the Customer’s remedies, if any, are as stated in the applicable Order Form or SLA. The Company may update marketing content on the Site without notice; such updates do not modify subscribed production entitlements unless incorporated into an Order Form.

Beta features, previews, or evaluation environments are not intended for production use, are provided “as is”, may be discontinued at any time, and are excluded from production service commitments and SLA obligations unless expressly stated otherwise in writing.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles. The Customer and Whitehats Technologies Private Limited irrevocably submit to the exclusive jurisdiction of the courts of New Delhi, India for disputes not resolved in accordance with the Dispute Resolution section, subject to any arbitration agreement below.

Dispute Resolution

Informal resolution

Before initiating formal proceedings, the parties shall attempt in good faith to resolve any dispute arising out of or relating to these Terms or the Services (each, a “Dispute”) through escalation between operational and executive contacts for at least thirty (30) days after written notice of the Dispute.

Binding arbitration

If the Dispute is not resolved through informal escalation, any dispute arising out of or in connection with these Terms, including any question regarding existence, validity, or termination, shall be finally resolved by arbitration in accordance with the Arbitration and Conciliation Act, 1996 (India). The seat of arbitration shall be New Delhi, India. The language of arbitration shall be English. The tribunal shall consist of a sole arbitrator mutually appointed by the parties, or failing agreement within thirty (30) days, appointed in accordance with the Arbitration and Conciliation Act, 1996. The governing law of the merits shall be the substantive law of India.

Restrictions

To the fullest extent permitted by law, arbitration shall be conducted only between the Company and the Customer on an individual basis. No arbitration may be joined with another proceeding, conducted on a class-action basis, or brought in a representative capacity on behalf of the public or any other persons.

Limitation of Liability

To the fullest extent permitted by applicable law, neither the Company nor the Customer shall be liable to the other for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, business, goodwill, anticipated savings, or opportunity, arising out of or related to these Terms, the Site, or the Services, whether based in contract, tort (including negligence), strict liability, or any other legal theory, even if the liable party has been advised of the possibility of such damages.

Except for Excluded Claims (defined below), each party’s total aggregate liability arising out of or related to these Terms, the Site, or the Services shall not exceed the total fees paid or payable by the Customer to the Company under the applicable Subscription Agreement or Order Form in the twelve (12) months immediately preceding the event giving rise to the claim.

Excluded Claims. The limitations in this section do not apply to:

  • a party’s indemnification obligations under these Terms;
  • a party’s breach of its confidentiality obligations;
  • the Customer’s payment obligations;
  • the Customer’s infringement or misappropriation of the Company’s intellectual property rights or unauthorized use of the Services;
  • the Customer’s violation of applicable law in connection with Customer Data or use of the Services; or
  • fraud, wilful misconduct, or gross negligence by a party.

The parties agree that the limitations in this section are an essential basis of the bargain between enterprise parties and apply regardless of the form of action. Where applicable law does not permit a limitation, the parties’ liability shall be limited to the maximum extent permitted by law. Any remedies expressly provided in a Subscription Agreement, Order Form, or service level schedule shall be the Customer’s exclusive remedies for the matters they address, except for Excluded Claims.

Indemnification

Customer indemnity

The Customer shall defend, indemnify, and hold harmless the Company, its affiliates, and their respective directors, officers, employees, contractors, and agents from and against any third-party claims, losses, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to:

  • Customer Data, or the Customer’s collection, submission, use, disclosure, or processing of Customer Data in violation of applicable law or these Terms;
  • the Customer’s or its Authorized Users’ use of the Site or Services, including configurations, integrations, and workflows implemented, configured, or directed by or on behalf of the Customer, and not by the Company except as expressly agreed in writing in an Order Form or statement of work;
  • the Customer’s breach of these Terms or any applicable Subscription Agreement;
  • the Customer’s violation of applicable law, regulation, or third-party rights, including intellectual property, privacy, or data protection obligations; or
  • any dispute between the Customer and its employees, contractors, end users, or other third parties arising from the Customer’s use of the Services.

Company indemnity

The Company shall defend the Customer against any third-party claim alleging that the Services, when used by the Customer in accordance with these Terms, infringe or misappropriate such third party’s patent, copyright, trademark, trade secret, or other intellectual property rights, and shall indemnify the Customer for finally awarded damages and reasonable legal fees resulting from such claim, provided that the Company shall have no obligation where the claim arises from:

  • Customer Data;
  • modifications to the Services not made by the Company;
  • the combination of the Services with software, hardware, data, products, or services not supplied or authorized by the Company;
  • use of the Services in breach of these Terms or outside documented functionality;
  • use of a non-current release where an updated version would have avoided the claim;
  • continued use after the Company has made a commercially reasonable modification or replacement available;
  • third-party software selected, procured, or integrated by the Customer;
  • open-source software that is not incorporated into the Services by the Company; or
  • Customer instructions, specifications, designs, or requirements provided to the Company.

If the Services become, or are reasonably likely to become, the subject of an infringement claim, the Company may, at its option and expense, procure the right for the Customer to continue using the Services, modify the Services to make them non-infringing, or terminate the affected Services and refund any prepaid, unused fees for the terminated portion.

This section states the Customer’s sole and exclusive remedy, and the Company’s entire liability, for any third-party intellectual property infringement or misappropriation claims relating to the Services.

Indemnification procedure

The indemnified party shall provide prompt written notice of any claim and reasonable cooperation in the defense. The indemnifying party shall have exclusive control of the defense and settlement of any such claim, provided that no settlement imposing non-monetary obligations on the indemnified party may be made without its prior written consent, not to be unreasonably withheld, conditioned, or delayed.

The indemnified party shall not admit liability, settle, or compromise any claim without the prior written consent of the indemnifying party, such consent not to be unreasonably withheld, conditioned, or delayed.

Failure to provide prompt notice shall not relieve the indemnifying party of its obligations except to the extent the delay materially prejudices its ability to defend the claim.

This section states each party’s sole and exclusive remedy, and the indemnifying party’s entire liability, for the third-party claims described in this section.

Customer Data Responsibilities

The Customer is responsible for the accuracy, quality, legality, and integrity of Customer Data and for the means by which it acquires and uses Customer Data in the Services. The Customer shall ensure that authorized users comply with these Terms and that access credentials, API keys, and administrative controls are managed securely.

The Company processes Customer Data to provide, maintain, secure, and improve the Services in accordance with these Terms, the Privacy Policy, and any applicable data processing agreement. Except as expressly set out in the Subscription Agreement or the Customer Data provisions under Term, Suspension and Termination, the Customer is responsible for maintaining its own backups and exports of business-critical Customer Data where required for its internal continuity, compliance, or archival needs.

The Customer acknowledges that no hosted service can guarantee uninterrupted availability or absolute prevention of data loss. To the extent permitted by applicable law and subject to the Limitation of Liability section, the Company’s obligations regarding Customer Data are limited to those expressly stated in these Terms and the applicable commercial agreement. The Customer shall promptly notify the Company of any suspected unauthorized access, security incident, or material loss or corruption of Customer Data related to the Services.

Export Control and Sanctions

Each party shall comply with applicable export control, trade sanctions, and restricted-party laws and regulations. The Customer represents that it is not located in, organized under the laws of, or ordinarily resident in a country or territory subject to comprehensive sanctions, and is not a restricted party listed on applicable government denied-party or sanctions lists. The Customer shall not permit Authorized Users to access or use the Services in violation of export control or sanctions laws. The Company may suspend or terminate access where it reasonably believes continued provision would violate applicable export control or sanctions requirements.

Publicity

The Company shall not use the Customer’s name, logo, trademarks, or other brand assets in marketing materials, case studies, press releases, customer lists, or publicity without the Customer’s prior written consent. Either party may identify the other by name in confidential proposals, security questionnaires, audit responses, or legal disclosures where reasonably necessary and subject to applicable confidentiality obligations.

Force Majeure

Neither party shall be liable for delay or failure to perform its obligations under these Terms (other than payment obligations then due) to the extent caused by events beyond its reasonable control, including:

  • acts of God, fire, flood, earthquake, or other natural disasters;
  • war, invasion, armed conflict, terrorism, civil unrest, or riot;
  • epidemic, pandemic, or public health emergency;
  • government action, law, embargo, sanction, or order;
  • failure or outage of public utilities, telecommunications, internet backbone, or cloud infrastructure not caused by the affected party;
  • power failure or datacenter facility failure not caused by the affected party; or
  • cyber attack, denial-of-service attack, or other malicious third-party interference not resulting from the affected party’s failure to maintain reasonable security controls.

The affected party shall promptly notify the other party and use commercially reasonable efforts to mitigate the impact and resume performance. If a force majeure event continues for more than sixty (60) days, either party may terminate the affected Services upon written notice, subject to the Term, Suspension and Termination section and applicable Order Form.

Notices

Notices under these Terms shall be in writing and deemed given when: (a) delivered by hand or recognized overnight courier; (b) sent by registered or certified mail, return receipt requested; or (c) sent by email to the notice address designated in the Order Form or account administration settings. Email notices are legally valid and effective when sent, provided that the sender does not receive an automated delivery failure notification.

Notices to the Company shall be sent to the address or email specified in the Order Form or to [email protected]. Notices to the Customer shall be sent to the administrative, billing, or legal contacts designated in the Order Form or Customer account. Either party may update its notice details by written notice to the other party.

General Provisions

These Terms, together with any applicable Order Form, Subscription Agreement, data processing agreement, and documents incorporated by reference therein, constitute the entire agreement between the parties regarding the Services and supersede prior proposals, communications, and understandings on the same subject matter.

Neither party’s failure to enforce a provision constitutes a waiver of the right to enforce it later. If any provision is held invalid or unenforceable, the remaining provisions remain in effect. The Company may assign these Terms or delegate performance to an Affiliate or subcontractor in connection with providing the Services. The Customer may not assign these Terms without the Company’s prior written consent, except to a successor in connection with a merger, acquisition, or sale of substantially all assets, provided the assignee assumes all obligations and is not a competitor of the Company.

Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between the parties. Independent contractors remain solely responsible for their personnel and taxes.

For questions about these Terms, contact us via the contact section on the home page or [email protected].