The Service Terms below govern your use of the Services. Capitalized terms used in these Service Terms but not defined below are defined in the AKEYLESS Terms of Service or other agreement with us governing your use of the Services (the “Agreement”). For purposes of these Service Terms, “Your Content” includes any “Company Content” and any “Customer Content”.
1.1. You may not transfer outside the Services any software (including related documentation) you obtain from us or third party licensors in connection with the Services without specific authorization to do so.
1.2. You must comply with current technical documentation applicable to the Services (including applicable developer guides) posted on the AKEYLESS Site.
1.3. You will ensure that all information you provide to us via the AKEYLESS Site (e.g., information provided in connection with your registration for the Services, requests for increased usage limits) is accurate, complete, and not misleading.
1.4. From time to time, we may apply upgrades, patches, bug fixes, or other maintenance to the Services and AKEYLESS Content (“Maintenance”). We agree to use reasonable efforts to provide you with prior notice of any scheduled Maintenance (except for emergency Maintenance), and you agree to use reasonable efforts to comply with any Maintenance requirements that we notify you about.
1.5 If your Agreement does not include a provision on AKEYLESS Confidential Information, and you and AKEYLESS do not have an effective non-disclosure agreement in place, then you agree that you will not disclose AKEYLESS Confidential Information (as defined in the AKEYLESS Terms of Service Agreement), except as required by law.
1.6. You may perform benchmarks or comparative tests or evaluations (each, a “Benchmark”) of the Services. If you perform or disclose, or direct or permit any third party to perform or disclose, any Benchmark of any of the Services, you (i) will include in any disclosure, and will disclose to us, all information necessary to replicate such Benchmark, and (ii) agree that we may perform and disclose the results of Benchmarks of your products or services, irrespective of any restrictions on Benchmarks in the terms governing your products or services.
1.7. Only the applicable AKEYLESS Contracting Party (as defined in the AKEYLESS Terms of Service Agreement) will have obligations with respect to each AKEYLESS account, and no other AKEYLESS Contracting Party has any obligation with respect to such account. The AKEYLESS Contracting Party for an account may change as described in the Agreement. Invoices for each account will reflect the AKEYLESS Contracting Party that is responsible for that account during the applicable billing period.
1.8. If you process the personal data of End Users or other identifiable individuals in your use of a Service, you are responsible for providing legally adequate privacy notices and obtaining necessary consents for the processing of such data. You represent to us that you have provided all necessary privacy notices and obtained all necessary consents. You are responsible for processing such data in accordance with applicable law.
1.9. If you have been charged for a Service for a period when that Service was unavailable (as defined in the applicable Service Level Agreement for each Service), you may request a Service credit equal to any charged amounts for such period.
1.10. Following closure of your AKEYLESS account, we will delete Your Content in accordance with the Documentation.
1.11. Data Protection.
1.11.1 These Service Terms incorporate the Akeyless GDPR Data Processing Addendum (“DPA”), when the GDPR applies to your use of the Akeyless Services to process Customer Data (as defined in the DPA).
2.1. This Section describes the additional terms and conditions under which you may (a) access and use certain features, technologies, and services made available to you by AKEYLESS that are not yet generally available, including, but not limited to, any products, services, or features labeled “beta”, “preview”, “pre-release”, or “experimental”, and any related AKEYLESS Content (each, a “Beta Service”) or (b) access and use Services and any related AKEYLESS Content.
2.2. You must comply with all terms related to any Beta Service as posted on the AKEYLESS Site or otherwise made available to you. AKEYLESS may add or modify terms, including lowering or raising any usage limits, related to access to or use of any Beta Services at any time. Service Level Agreements do not apply to Beta Services.
2.3. You may provide AKEYLESS with information relating to your access, use, testing, or evaluation of Beta Services, including observations or information regarding the performance, features, and functionality of Beta Services (“Test Observations”). AKEYLESS will own and may use and evaluate all Test Observations for its own purposes. You will not use any Test Observations except for your internal evaluation purposes of any Beta Service.
2.4. AKEYLESS may suspend or terminate your access to or use of any Beta Service at any time. Your access to and use of each Beta Service will automatically terminate upon the release of a generally available version of the applicable Beta Service or upon notice of termination by AKEYLESS. Notwithstanding anything to the contrary in the Agreement, after suspension or termination of your access to or use of any Beta Service for any reason, (a) you will not have any further right to access or use the applicable Beta Service, and (b) Your Content used in the applicable Beta Service may be deleted or inaccessible.
2.5. Test Observations, Suggestions concerning a Beta Service, and any other information about or involving (including the existence of) any Beta Service are considered AKEYLESS Confidential Information.
2.6. WITHOUT LIMITING ANY DISCLAIMERS IN THE AGREEMENT OR THE SERVICE TERMS, BETA SERVICES ARE NOT READY FOR GENERAL COMMERCIAL RELEASE AND MAY CONTAIN BUGS, ERRORS, DEFECTS, OR HARMFUL COMPONENTS. ACCORDINGLY, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE AGREEMENT OR THESE SERVICES TERMS, AKEYLESS IS PROVIDING BETA SERVICES TO YOU “AS IS.” AKEYLESS AND ITS AFFILIATES AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE REGARDING BETA SERVICES, INCLUDING ANY WARRANTY THAT THE BETA SERVICES WILL BECOME GENERALLY AVAILABLE, BE UNINTERRUPTED, ERROR FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT, INCLUDING YOUR CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. EXCEPT TO THE EXTENT PROHIBITED BY LAW, AKEYLESS AND ITS AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE.