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AppOmni Labs Salesforce Guest User Log Analysis Terms of Service

Last Updated: 11/04/2020

This page explains the terms by which you may use the AppOmni Threat Research Salesforce Guest User Log Analysis service (“Service”) provided by AppOmni, Inc. (“AppOmni”, “we”, “us”, or “our”). By accessing or using our Service, or by clicking a button or checking a box marked “I Agree” (or something similar), you signify that you have read, understood, and agree to be bound by these Terms of Service (this “Agreement”) and to the collection and use of your information as set forth in our Privacy Policy at https://appomni.com/privacy-policy/ (our “Privacy Policy”) We reserve the right to modify these terms in our sole discretion. Your continued use of our Service after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any part of this Agreement or any future Terms of Service, do not use or access (or continue to access) our Service.

If you are an individual and you access or use our Service on behalf of a company or other entity, such as your employer (each, together with its affiliates, an “Organization”), then: (i) this Agreement is an agreement between us and you and us and that Organization; (ii) you represent and warrant that you have the authority to bind that Organization to this Agreement (and if you do not have the authority, you may not access or use our Service); (iii) your acceptance of this Agreement will bind such Organization to this Agreement; and (iv) the terms “you” and “your”, as used in this Agreement, refer to both you and such Organization.

This is a contract between you and AppOmni. If you do not agree to this Agreement, you may not use our Service. You may use our Service only if you can form a binding contract with us (and on behalf of your Organization as applicable), and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under thirteen (13) years of age is strictly prohibited and in violation of this Agreement.

  1. Our Service
    1. Access and Use

Subject to your compliance with the terms and conditions of this Agreement, you may access and use our Service solely for your internal, non-commercial use. We may suspend or terminate your access to our Service at any time for any reason or no reason. We may, without prior notice, change our Service; stop providing our Service or features of our Service; or create usage limits for our Service. Upon termination for any reason or no reason, you continue to be bound by this Agreement. We reserve all rights in and to our Service and all related intellectual property rights. You may not use our Service for any purpose other than as expressly set forth in this Section 1.1.

    1. Your Logs and Data; Reports

The Service allows you to submit or otherwise make available on or through the Service, your Salesforce log files (your “Logs”). You grant, and you represent and warrant that you have all rights necessary to grant, AppOmni the right to use your Logs to provide the Service to you and create and provide to you written reports containing our analysis of the relevant Logs (“Reports”). We do not store your Logs after we have provided you with the applicable Reports. You may use the Reports for your internal business purposes. Other than your Logs, we will collect and store data, metadata, and information, including personal information, that you provide to us or that is collected by us or via the Service. We may use this data in accordance with our Privacy Policy.

    1. Service Location

Our Service is controlled and operated from facilities in the United States. We make no representations that our Service is available for use in other locations. Those who access or use our Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use our Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government.

    1. Security

We care about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our commercially reasonable security measures or use your personal information for improper purposes. You acknowledge that you provide your information at your own risk.

  1. Indemnity

You agree to defend, indemnify and hold harmless AppOmni and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from your use of and access to our Service, including without limitation any data or content transmitted or received by you or your violation of any term of this Agreement.

  1. No Warranty

OUR SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF OUR SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM APPOMNI OR THROUGH OUR SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, APPOMNI, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT MADE AVAILABLE TO YOU VIA OUR SERVICE IS ACCURATE, RELIABLE OR CORRECT; THAT OUR SERVICE WILL MEET YOUR REQUIREMENTS; THAT OUR SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT OUR SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF OUR SERVICE. We attempt to ensure that information provided on or in connection with the SERVICE complete, accurate and current.  Despite our efforts, such information may be inaccurate, incomplete or out of date.  Accordingly, we make no representation as to the completeness, accuracy or currentness of such information, including all descriptions, images, references, features, content, specifications and services described or depicted on the SERVICE.  Such information is also subject to change at any time without notice. FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

  1. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL APPOMNI, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, OUR SERVICE. WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPOMNI ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (B) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; OR (C) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH OUR SERVICE. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF APPOMNI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

  1. General
    1. Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
    2. Governing Law. This Agreement as well as all matters relating to your access to and use of our Service will be governed by the laws of the State of California, to the exclusion of its conflict of law provisions and, where applicable, with the federal law of the United States. Any dispute, legal action or proceeding relating to your access to and use of our Service or interpretation of this Agreement will be subject to the exclusive jurisdiction of the California state courts in and for San Francisco County, California (or, if there is federal jurisdiction, the United States District Court for the Northern District of California), and you and AppOmni irrevocably agree to submit to the personal and exclusive jurisdiction of these courts and that venue therein is proper and convenient.
    3. Notification Procedures and Changes to the Agreement. We may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as we determine in our sole discretion. We reserve the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain notifications as required under applicable laws or as described in this Agreement or our Privacy Policy. We are not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.
    4. Entire Agreement/Severability. This Agreement, together with any amendments and any additional agreements you may enter into with us in connection with our Service, shall constitute the entire agreement between you and us concerning our Service. None of our employees or representatives are authorized to make any modification or addition to this Agreement. Any statements or comments made between you and any of our employees or representatives are expressly excluded from this Agreement and will not apply to you or us or your use of our Service.  If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.
    5. No Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and AppOmni’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
    6. Contact. Please contact us at labs@appomni.com with any questions regarding this Agreement.
    7. California Residents. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

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