Where You use an iPaaS platform that We have made available to You, You shall be additionally bound by the following terms with respect to Your and Your Users’ use of the iPaaS platform:
1All iPaaS platform integrations shall have the Service as an endpoint, that is, one connection in each Recipe (as defined below) must be the Service. In the event of violation of the foregoing clause, We or the iPaaS provider may suspend Your access to the iPaaS platform.
2iPaaS platform operates on, with, or using APIs and/or other services operated or provided by third parties. Subject to Section 1 of this iPaaS Platform Supplemental Terms, You may use Recipes and Connectors (as defined below) to connect with third-party applications, products, services or websites that interoperate with the iPaaS platform (“Third-Party Products”), and You are responsible for
- acquiring the Third-Party Products,
- obtaining access to the Third-Party Products from their providers, and
- use of such Third-Party Product and any data loss or other losses suffered as a result of using such Third-Party Product.
Neither We nor the iPaaS provider warrant or support any Third-Party Products, whether or not they are recommended by the iPaaS provider or designated by the iPaaS platform as preferred, certified or otherwise, and neither We nor the iPaaS provider shall have any liability (including any indemnity obligation) for any claims, losses or damages arising out of or in connection with Your use of any Third-Party Product. If the provider of a Third-Party Products ceases to make the Third-Party Products available for interoperation with iPaaS platform, neither We nor the iPaaS provider will be able to guarantee the continued availability of such features.
3You (for Yourself and Your Users) agree to:
- Keep secret and confidential its access credentials;
- Comply with the use restrictions set forth in Section 3.3 of these Terms which shall apply mutatis mutandis to the use of the iPaaS platform;
- Not access or use the iPaaS platform for any fraudulent, benchmarking or comparative purpose or in violation of applicable laws, treaties, regulations or third party rights (including proprietary or contractual rights);
- Not scan or test vulnerability of the iPaaS platform or related products/services;
- Not attempt to discover the object code or underlying ideas or algorithms of the iPaaS platform or any related software/data;
- Not copy, alter, or create derivative works of any software, source code, object code or underlying structure, ideas or algorithms, or documentation related to the iPaaS platform, or use similar ideas, features, functions of the iPaaS platform;
- Not bypass any measures used to prevent or restrict access to the iPaaS platform (or other connected accounts, computer systems or networks); and
- Not use the iPaaS platform for the benefit of third parties, including as a service bureau, time-sharing or managed iPaaS arrangement.
You hereby confirm that neither You nor Your Users are an iPaaS provider or a contractor directly working for an iPaaS provider.
4As between the Parties, You retain all right, title and interest in and to all documents, messages, graphics, images, files, data and other information that You or Your Users store, transmit or process through iPaaS platform, including any personally identifiable information or personal data (“Your Data”). You hereby grant to iPaaS provider a limited, worldwide, royalty-free, fully sublicensable, non-exclusive license to use Your Data (for which You confirm You have the right to), for the purposes of providing the iPaaS platform to You and fulfilling the Agreement. ‘Your Data’ does not include any non-identifiable and aggregated data and metadata, as well as usage statistics compiled by the iPaaS provider in connection with the usage of the iPaaS platform (“Usage Data”). iPaaS provider can use Usage Data (during and after the term of these Terms) for the purposes of implementing, maintaining and improving the iPaaS platform and fulfilling the Agreement (but which iPaaS provider will not disclose to any third party in a manner that identifies You in connection therewith).
5You understand, agree and acknowledge that
- neither We nor the iPaaS provider make or provide any warranty, express, implied, statutory or otherwise with respect to the iPaaS platform, including any warranties of merchantability, fitness for any particular purpose or non-infringement;
- In use of the iPaaS platform, sensitive information will travel through third party infrastructures or Third-Party Products, which are not under iPaaS provider's or Our control and neither We nor the iPaaS provider make or provide any warranty with respect to security of such third-party infrastructures or Third-Party Products;
- iPaaS provider shall have a royalty free, worldwide, perpetual, and irrevocable license to use any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided or submitted by You (whether or not it is provided through Us) relating to the iPaaS provider or iPaaS platform, including any features or functionalities of the iPaaS platform, Recipes and Connectors, without any obligation to report on such use and without any other restrictions;
- You are responsible for all activities that occur using Your access credentials and to implement up-to-date and industry standard security measures with respect to Your personnel to protect the iPaaS platform from any unauthorized access or use, and to prevent the introduction of viruses or malicious code into the iPaaS platform;
- You shall only claim against Us and waive any and all claims against the iPaaS provider with respect to Your use and access to the iPaaS platform pursuant to these Terms;
- Recipes and Connectors created by You are private by default, which means that only You have access to such Recipes and Connectors in Your account. iPaaS provider will not resell or reuse or distribute, or permit any third party to resell, reuse or distribute, any private Recipe or any private Connector created by You. If We expressly approve, You may share the private Recipes and private Connectors with other iPaaS provider users by marking them “public,” and You thereby grant the iPaaS provider an irrevocable, perpetual, transferable, sublicensable and worldwide license under any rights You own in those Recipes and Connectors that are marked public, to view, use, copy, modify and distribute those Recipes and Connectors. Those Recipes and Connectors will then become part of the broader community Recipes and Connectors in the iPaaS platform. You agree to not assert any claim or prosecute any action against iPaaS provider, Us or any other user of the iPaaS platform for infringement or misappropriation of any Recipes or Connectors which are similar to, or the same as, any Recipes and Connectors created by You.
- We do not guarantee or make any commitment with respect to the service levels and/or support for the iPaaS platform.
6You shall indemnify, defend and hold harmless Us, Our Group Companies and the respective employees, officers, directors and agents against any claim brought by a third party, arising from or related to (a) Your use of the iPaaS platform (including a claim that the Recipes or Connectors created by You infringe or misappropriate any third party intellectual property rights); or (b) any data that You provide to iPaaS platform, including Your Data infringe or misappropriate any third party rights or otherwise violates any applicable law.
7You agree to cease using iPaaS platform upon receipt of notice from Us to that effect.
8For the purposes of this iPaaS Platform Supplemental Terms,
“Agreement” means the agreement executed by and between the iPaaS provider and Us with respect to availing and use of the iPaaS platform.
“Recipe” means a set of commands to the iPaaS platform that request the iPaaS platform to carry out certain actions across software applications based on the occurrence of a designated trigger event.
“Connectors” means the connector which allows the transfer of data between software applications through the iPaaS platform by using software scripts or application programming interfaces (“APIs”).