Axiamatic customer compliance
Customer
Is responsible for their Users’ compliance with their Service Agreement.
Will use commercially reasonable efforts to prevent unauthorized access to or use of the Services, and shall notify Axiamatic promptly of any such unauthorized access or use.
Shall use the Services only in accordance with the terms of their Service Agreement, the Documentation, the Acceptable Use Policy, Order Forms, and applicable laws.
Customer represents and warrants to Axiamatic:
It has sufficient rights in the Customer Data to authorize Axiamatic to process, distribute, and display the Customer Data as contemplated by their Service Agreement.
The Customer Data and its use will not violate or infringe the rights of any third party.
Customer’s use of the Services and all Customer Data is at all times compliant with its own privacy policies and all applicable local, state, federal and international laws, regulations and conventions, including without limitation those related to data privacy, international communications and the exportation of technical or personal data. Axiamatic assumes no responsibility or liability for Customer Data, and Customer shall be solely responsible for Customer Data and the consequences of using, disclosing, storing, or transmitting it. It is hereby clarified that Axiamatic shall not monitor and/or moderate the Customer Data and there shall be no claim against Axiamatic for not monitoring and/or moderating.
General Restrictions
As a condition to the rights granted to Customer as part of their Serivce Agreement, Customer shall not (and shall not allow any third party to):
Decompile, disassemble, or otherwise reverse engineer the Services or attempt to reconstruct or discover any source code, APIs, underlying ideas, algorithms, file formats, data or programming interfaces of the Services by any means whatsoever (except and only to the extent applicable law prohibits or restricts reverse engineering restrictions)
Distribute, sell, or sublicense the Services (or any portion thereof).
Remove any product identification, proprietary, copyright trademark, Services mark, or other notices contained in the Services, unless otherwise permitted by the documentation.
Modify any part of the Services, create a derivative work of any part of the Services, or incorporate the Services into or with other software, except to the extent expressly authorized in writing by Axiamatic or set forth in the Documentation.
Publicly disseminate performance information or analysis (including, without limitation, benchmarks) from any source relating to the Services.
Utilize any equipment, device, software, or other means designed to circumvent or remove any form of copy or other protection used by Axiamatic in connection with the Services.
Use the Services to develop a product which is competitive with the Services.
Use User credentials or distribute or publish such credentials except as may be expressly permitted by Axiamatic in writing.
Use the Services in a way that has a detrimental impact on Axiamatic’s ability to provide the Services to its other customers.
Acceptable Use
In addition to the prohibitions set forth above and in their Service Agreement, Customer agrees not to use the Services: to violate, or encourage the violation of, the legal rights of others (for example, infringing or misappropriate the intellectual property rights of others in violation of the Digital Millennium Copyright Act); to engage in, promote or encourage illegal activity; for any unlawful, invasive, infringing, defamatory or fraudulent purpose; to intentionally distribute viruses, worms, Trojan horses, corrupted files, hoaxes, or other items of a destructive or deceptive nature; to interfere with the use of the Services, or the equipment used to provide the Services, by customers, authorized resellers, or other authorized users; to disable, interfere with or circumvent any aspect of the Services; or to use the Services, or any interfaces provided with the Services in a manner that violates the terms of this Agreement. If Customer becomes aware of any use or content that is in violation of the foregoing Acceptable Use restrictions, Customer agrees to promptly remedy such use or content. If Customer fails to do so, Axiamatic or its providers may suspend or disable access to the Services (including Customer Data) until Customer complies.
No sensitive data
Customer shall not submit to the Services any data that is protected under a special legislation and requires a unique treatment, including, without limitations, (i) categories of data enumerated in European Union Regulation 2016/679, Article 9(1) or any similar legislation or regulation in other jurisdiction; (ii) any protected health information subject to the Health Insurance Portability and Accountability Act (“HIPAA”), as amended and supplemented, or any similar legislation in other jurisdiction, unless Customer and Axiamatic separately enter into a HIPAA Business Associate Agreement; or (iii) credit, debit or other payment card data subject to PCI DSS or any other credit card schemes.
Reservation of intellectual property rights
Not withstanding anything to the contrary in this Agreement, except for the limited access grant and use rights expressly provided herein, Axiamatic and its licensors retain all right, title, and interest (including, without limitation, all patent, copyright, trade secret and other intellectual property rights) in and to the Services, the Documentation, any Axiamatic deliverables, including all related intellectual property rights, and with respect to each of the foregoing all copies, modifications, improvements, derivative works or enhancements thereto. Other than as expressly set forth herein, no other rights are granted to Customer hereunder.
Third-party services
The Services enables Customer to engage with certain third-party services, products, apps and tools in connection with the Services, including, without limitation, third party applications and widgets offered via Axiamatic integrations offering or which Customer decides to connect through Axiamatic’s API, as part of the Services (collectively, “Third party service(s)”). Axiamatic and the Third-Party Service reserve the right to discontinue the use or suspend the availability of any Third-Party Service, for any reason and with no obligation to provide any explanation or notice. Such discontinuation may result in the inability to utilize certain features and actions of the Third Party Service along with the Services.
Independent relationship
Customer acknowledges and agrees that regardless of the manner in which such Third-Party Services may be offered to Customer, Axiamatic merely acts as an intermediary platform between Customer and such Third-Party Services, and Axiamatic does not, in any way, endorse any such Third Party Services, or shall be in any way responsible or liable with respect to any such Third Party Services. Customer’s relationship with such Third Party Services and any terms governing Customer’s payment for, and use of, such Third Party Services, including without limitation, the collection, processing and use of Customer’s data by such Third Party Services, are subject to a separate contractual arrangement between Customer and the provider of a Third Party Services (the “Third party agreement”). Axiamatic is not a party to, or responsible, in any manner, for the compliance by Customer or by the provider of the Third Party Services with the Third Party Agreement.
Integration with third party services and customer’s customer data
Through the services, customer may enable an integration of customer’s account with third party services, which will allow an exchange, transmission, modification or removal of data between the services and the third party services, including without limitation, the customer data, the scope of which is determined by the applicable actions set by such integration. Customer hereby acknowledges that any access, collection, transmission, processing, storage or any other use of data, including the customer data, by the third party services, is governed by the third party agreement, including any applicable privacy policy, and Axiamatic is not responsible for any access, collection, transmission, processing, storage or any other use of data, including the customer data, by the Third party services or for such Third party services privacy and security actions, inactions or general practices. By integrating and/or using the third party services, customer acknowledges and agrees that:
Customer is solely responsible for customer’s compliance with applicable privacy restrictions, laws and regulations, including customer’s use of the third party services and other data activities customer may conduct or may permit third parties, including the third party services, to conduct;
The activities and use of the data by customer, may result in a modification and/or removal of data, either customer data and in the integrated third party services. Axiamatic shall have no obligation of any kind, for any such modification and/or removal of data, either in the services and/or the integrated third party services.