The following general Terms of Service (“Terms”) represent the binding agreement, along with any other agreements that reference these Terms, between the Customer (You) and Inbenta Holdings Inc., (“Inbenta” or “We” or “Us”). We or Us may or may not be capitalized in these Terms and may also refer to both you and Inbenta.
These Terms, when combined with the terms of any associated Proof of Concept, Implementation, Subscription or other agreements (“Referenced Agreement(s)”), govern your use of the Inbenta Software and Subscription. By signing any Referenced Agreements, you are automatically bound by the terms of both the Referenced Agreement and these Terms.
1. Acceptable Use Policy
The Client accepts the following Acceptable Use Policy and accepts to fully comply with it:
This Acceptable Use Policy, from now on (“this Policy”), applies to users accessing Inbenta Holdings Inc’s. (“Inbenta”) software, information Assets and Information Systems (“the Services”).
The purpose of this document is to define clear rules for the use of the information assets provided or arranged by Inbenta Holdings Inc.
Inbenta may modify this Policy at any time by posting a revised version on its website. By using the Services, the Customer agrees to the latest version of this Policy. If Customer fails to fulfill the terms of this Policy or authorize or help others to do so, Inbenta may suspend or terminate the Customer’s use of the Services.
Information Systems: cloud servers, network infrastructure, system and application software, and other computer subsystems and components which are owned or used by Inbenta or which are under Inbenta’s responsibility. The use of an Information System also includes the use of all internal or external services, such as Internet access, e-mail, etcetera.
Information Assets: in the context of this Policy, the term Information Assets is applied to Information Systems and other information/data irrespective of form, i.e. electronic information and paper documents.
Users: in the context of this Policy, the term “users” refers to any individual accessing Inbenta Holdings Inc’s. (“Inbenta”) software, information Assets and Information Systems (“the Services”).
Instance: in the context of this Policy, an Instance represents each environment that Inbenta provides to the Customer for the use of the Service, with its dedicated Knowledge Base, usage dashboards and API keys.
1.2. Responsibilities of the Customer
The Customer is responsible for all activities that occur in their instances, regardless of whether they authorize these activities or they are undertaken by them, by their employees or by a third party (including contractors and End Users). Inbenta and its affiliates are not responsible for unauthorized access to the Customer’s instances.
The Customer must use the Information Systems only for purposes for which they have been authorized, i.e. for which they have been granted access rights.
The Customer must take all reasonable precautions to safeguard any credentials (for example, a username and password, email address, smart card or other security token). They must not allow another person or organization to use their access rights, i.e. username, , directly or indirectly, and they must not attempt to obtain or use anyone else’s credentials.
Access to Inbenta’s Information Systems will only be granted to duly authenticated users through a unique and secure username and strong password combination that must be renewed periodically.
The Customer must only allow authorized employees to manage their accounts and is responsible for all content and transactions related to these accounts. The Customer is also responsible for maintaining the list of users with access to Inbenta’s Information Systems up to date.
The Customer will ensure that their Content and their and End Users’ use of their Content will not violate this Policy and any applicable law. The Customer is solely responsible for the development, operation, maintenance, and privacy compliance and use of their content.
The Customer is responsible for properly integrating, configuring and using the Services and otherwise taking appropriate action to secure, protect and back up their instances and their Content in a manner that will provide appropriate security and protection.
This must include the use of data encryption both in transit and at rest, and the use of the obfuscator tool Inbenta provides, when possible, to protect user’s personal information from unauthorized access and exposure.
If the Customer becomes aware of any violation of this Policy, they must notify Inbenta immediately and provide us with assistance, as requested, to stop or remedy the violation. Contact channels: Support Center.
1.2.4. End Users
The Customer is responsible for End Users’ use of the Customer’s Content and Services.
The Customer shall ensure that all End Users comply with the Customer’s obligations under this Policy and that the terms of the Customer’s security and privacy policies with each End User are consistent with this Policy.
1.3. Acceptable use of the Information Assets and Information Systems
The Customer shall not use the software to compromise the security or integrity of any network, computer or communications system, software application, or network or computing device or personal data, or in a manner that unnecessarily weakens the performance of the information system or poses a security threat. Non authorized activities include:
- Illegal, harmful or fraudulent activities: to create, transmit or manipulate information with the intent to defraud, to gain personal profit or other uses beyond those established by contract agreement.
- Infringing content: to create, transmit or manipulate information such that this infringes the intellectual property rights of Inbenta, or break the terms of licenses for software or other material, as established on the General Terms of Service.
- Harmful Content: to disrupt Inbenta’s systems, deny access to them, or corrupt or destroy their data.
- To access, delete, modify or disclose Information Assets belonging to Inbenta without Inbenta’s permission, including attempting to probe, scan, or test the vulnerability of a System or to breach any security or authentication measures used by a System.
- Avoiding System Restrictions. Using manual or electronic means to avoid any use limitations placed on a System, such as access and storage restrictions.
- Interception. To monitor the use of information or communication systems without the explicit permission of Inbenta. This would include monitoring of network traffic; network and/or device discovery; Wi-Fi traffic capture; installation of keylogging or screen grabbing software that may affect users other than yourself; attempting to access system logs or servers or network equipment.
- Adding scripts hosted by Inbenta in pages where credit card information or any other sensitive information is being collected. Inbenta is not PCI DSS compliant. Adding a component from a vendor that is not PCI DSS compliant in the checkout page makes the entire payment process not PCI DSS compliant. The alternative is to host that script in the Customer’s datacenter, and secure the script using Subresource Integrity.
1.4. Enforcement of this Policy
Inbenta reserves its right to investigate any failure to fulfil this Policy or any misuse of the Services by the Customer and their partners.
Inbenta may report any activity that suspects violates any law or regulation to the appropriate law enforcement agencies. The report may include the disclosure of appropriate customer information if required by law enforcement agencies.
2. Intellectual Property
Inbenta is the sole, legitimate and entire owner of the intellectual property rights over the Software and of the documentation associated with it. We will provide hosting services of the Software to you. This means we will provide hosting service from our own servers and will provide online access to you.
All copyrights, database rights, and any other patent right as to the Software belongs to Inbenta.
All copyrights, database rights and any other patent right as to the information provided by you (including all the information contained in or coming from your website users), belong to you.
Any generic model of questions made by Inbenta or by a third party designated by us, all the general information as to the use of the Software, any idea obtained by us as to the use of synonyms, jargon, etc. can be used by us or by a third party designated by us to other customers’ benefit. Your proprietary content such as your FAQs cannot be used by Inbenta for providing Service to other customers.
For the purposes of applying these Terms, Affiliate shall mean any related legal entity of yours including subsidiaries and parent companies. For the purposes of applying the pricing in any Referenced Agreements, Affiliates may or may not be included within such pricing.
We mutually license to each other the use of the brands and trade names of each other in the communications regarding the relationship derived from these Terms, and the use of the Software.
Prior written consent from the owner of such brands and trade names will be required in relation to any public statement or communication to be issued by either of us. The rights in any brand or trade name registered or used by you or us belong to you or us respectively.
2.1. License to use
Under the terms herein and any Referenced Agreements, we grant you and your Affiliates a limited, non-exclusive, and worldwide license to use the Software as specified in these Terms and any Referenced Agreements, (a) according to the documentation provided by us, (b) for your sole use.
Any copy of the Software implying a breach of this agreement will be deemed as a breach of the copyrights.
You agree not to, under any circumstance: (a) allow third parties to distribute copies of the Software or of the related documentation to a person or entity outside the licensed web site, (b) reproduce, modify or copy the Software and the related documentation except when clearly allowed by law, these Terms or written consent by us, (c) provide, rent, sell or transfer by any means the Software or a copy of all or part of such Software or use it to benefit third parties, (d) disassemble, use reverse engineering compile or decompile the Software. If you believe you need information concerning the interoperability of the Software with other programs, you will not take apart or decompile the Software to obtain such information and you agree to request it in writing from us.
Once we have received your request, we will, acting reasonably, determine if you need such information for the interoperability of a program independently created with other programs and we will provide such information as soon as reasonably practical or will, at your cost assist you with achieving the interoperability or will communicate to you that we will not provide such information or assistance.
We agree not to, under any circumstance: (a) share with third parties any of your documentation, passwords, platform information, codes or confidential information or that of your Affiliates’ websites (b) modify your web site and its content without written consent, except for the modifications that were expressed on the Project and that are the reason of this agreement (c) reproduce, modify or copy your platform software and the related documentation except when clearly allowed by law, these Terms or written consent by you.
2.3. Limitation of Liability
In no event will either of us or our affiliates be liable to each other or our affiliates for any special, indirect, incidental, consequential or exemplary damages of any nature arising out of or related to this agreement, even if either of us will have been advised of the possibility of such damages. The foregoing will apply regardless of the negligence or other fault of either of us and regardless of whether such liability arises in contract, negligence, tort, strict liability or any other theory of liability. Neither your nor our liability under these terms will exceed the aggregate amounts paid hereunder.
3. Processing of personal data
Services and products are operated by Inbenta Holdings, Inc. and its affiliates. Processing of personal data under this Agreement must be in accordance with local applicable laws and the specific terms and conditions of the data processing, if applicable, must be described in a specific Data Processing Agreement.
4. Security Incident Management
In the event that Inbenta becomes aware of an incident within Inbenta’s platform, affecting the security of the Customer’s information, Inbenta will report to the Customer this incident and its impact over the affected information.
Inbenta will share all necessary information for the Customer to alert their users and apply mitigations if possible.
Inbenta will notify the customer through email to the Customer team assigned to Inbenta, or the contacts specified in this contract (Notices section) in their absence, in no more than 48h after Inbenta is aware of the incident.
Inbenta will also publish an incident report in the Support Center and keep this report updated with the latest status until closure.
5. Inbenta Service Level Agreement
5.1. Service availability
The measure used for service availability is uptime. Uptime is the percentage of time during which Inbenta is available to the Customer, excluding scheduled maintenance operations.
Our updated SLA is available at https://www.inbenta.com/en/compliance/sla/
5.2. API Rate Limits
The API Rate Limits parameters determine the limits of the number of requests to Inbenta API accepts within a window of time. The API rejects requests that exceed the limit with a 429 (Too Many Requests) HTTP code response.
For a complete reference of the set of API available for Inbenta, please visit https://developers.inbenta.io/
Our updated API Rate Limits are available at https://developers.inbenta.io/general/rate-limits/current-rate-limits
6. Retention policy
Our updated Data Retention Policy is available at https://www.inbenta.com/en/compliance/data-retention-policy/
Last updated: 2021/11/10