TERMS OF USE
BY UTILIZIING THE APPLOI PLATFORM AND INTEGRATED PRODUCTS (“HOSTED SERVICES”) YOU AGREE TO THE FOLLOWING:
Customer and User will comply with all applicable local, state, national and foreign laws, treaties, regulations and conventions in connection with its use of the Hosted Service, including without limitation those related to data privacy, international communications, and the exportation of technical or personal data from locations other than the location from which Apploi controls and operates the Hosted Services. Customer will ensure that any use of the Hosted Services by Customer’s Users is in accordance with the terms of the Apploi Agreement. Personal data provided by Customer and User in connection with the Hosted Services is subject to Apploi’s Privacy Policy, which is incorporated by reference. If applicable, Customer’s use of the Hosted Services is subject to the Data Processing Agreement.
Customer and User agree to provide accurate and complete information when registering its Users for a Hosted Service and further agrees to keep this information current. Customer is responsible for maintaining their own systems of record and notifying Apploi of changes made to technical or administrative contact information. Customer is responsible for ensuring the supervision, management, and control of the use of Apploi services by their personnel. Each User must have a separate username and password and their own email address. Apploi may require additional information for certain Hosted Services (e.g., technical information necessary for connection or reconnection to a Hosted Service), and Customer and User will provide this information as Apploi reasonably requests. Customer and User are responsible for ensuring that its Users secure, protect, and maintain the confidentiality of all Customer and User account usernames, passwords, access tokens, and any other means that may be used to access the Hosted Services. Customer and User must notify Apploi promptly if it becomes aware of any unauthorized use of, or access to, the Hosted Services. Customer is responsible for developing their own disaster recovery and business continuity plans that address the inability to access or utilize Apploi services. Customer is responsible for providing Apploi with a list of approvers for security and system configuration changes for data transmission. Customer and User is responsible for immediately notifying Apploi of any actual or suspected information security breaches, including compromised user accounts, including those used for integrations and secure file transfers. Apploi will not be liable for any loss or damage from Customer’s failure to comply with these terms.
Customer and User shall not: (i) sell, rent, lease, transfer, assign, distribute, display, host, outsource, disclose or otherwise commercially exploit or make the Hosted Services available to any third party other than Users (who, for avoidance of doubt, are acting on behalf of Customer and are Customer’s responsibility); (ii) modify, make derivative works of, disassemble, reverse compile, reverse engineer, or subvert the intrinsic security of any part of the Hosted Services for any purpose including without limitation discovering individual Customer Data or re-identifying anonymous data; (iii) access or use the Hosted Services in order to build a similar or competitive product or Hosted Service; (iv) disclose any review of the Hosted Service to any third party without Apploi’s prior written approval; (v) interfere with the integrity or performance of the Hosted Services; (vi) use the Hosted Services to store code, files, scripts, agents or programs intended to harm, including but not limited to malware or phishing; or (vii) post, transmit, link to, or otherwise distribute any infringing, libelous, defamatory, inappropriate, profane, defamatory, obscene, indecent, or unlawful or tortious material or information or transmit any material or information in violation of third-party privacy rights. Except as expressly stated herein, no part of the Hosted Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means to, including but not limited to electronic, mechanical, photocopying, recording, or other means. Customer and User shall make every reasonable effort to prevent unauthorized third parties from accessing the Hosted Services, and notify Apploi promptly of any such unauthorized access or use.
Customer and User will respond promptly to any reasonable request by Apploi in the event of any actual or anticipated breach of this Section.
[capitalized terms as defined in the Apploi Service Level Agreement]
SPECIFIC TERMS OF USE FOR SIGMA COMPUTING INC.’S ANALYTICS MODULE (“SERVICE”)
Customer also agrees that it will not, and will not allow Users or third parties to, directly or indirectly (a) modify, translate, copy or create derivative works based on the Service, (b) reverse assemble, reverse compile, reverse engineer, decompile or otherwise attempt to discover the object code, source code, or non-public APIs, except as and only to the extent this restriction is prohibited by law, (c) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit the Service, (d) make the Service available to any third party, other than as specifically permitted under Schedule 1 (Embedding), (e) remove or obscure any copyright, trademark or other proprietary notices, legends or Sigma branding contained in or on the Service, (f) use the Service in any way that violates any applicable federal, state, local or international law or regulation, including but not limited to CANSPAM, (g) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Service, including, without limitation, by introducing viruses and other harmful code or by using flood pings, denial-of-service attacks, or similar methods or technology, (h) attempt to probe, scan, or test the vulnerability of the Service or any Sigma system or networks, (i) write over or provide any data to any sample databases within the Service, (j) use the Service to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights, (k) permit direct or indirect access to or use of any Services in a way that circumvents a usage limit or (l) frame or mirror any part of any Service, other than framing on Customer’s own intranets or otherwise for its own internal business purposes or as permitted in the Documentation. If Customer (including Users) is using the Service in a manner that, in Sigma’s reasonable judgment, causes or is likely to cause significant harm to Sigma or the Service or otherwise threatens the security, integrity or availability of the Service then Sigma may suspend Customer’s access to the Service. Sigma will use commercially reasonable efforts under the circumstances of such suspension to (i) provide Customer with notice and an opportunity to remedy such violation or threat prior to any such suspension, (ii) limit the suspension to only accounts involved in the activities in question, and (iii) remove the suspension as quickly as practicable after the circumstances leading to the suspension have been resolved.
