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 Xetabytes Customer Agreement 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,” and “Xetabytes Content” includes “Xetabytes Properties.”
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.
You must comply with current technical documentation applicable to the Services (including applicable developer guides) posted on the Xetabytes Site.
You will provide information or other materials related to Your Content (including copies of any client-side applications) as reasonably requested by us to verify your compliance with the Agreement. You will reasonably cooperate with us to identify the source of any problem with the Services that we reasonably believe may be attributable to Your Content or any end user materials that you control.
In connection with your use of the Services, you are responsible for maintaining licenses and adhering to the license terms of any software you run. If we reasonably believe any of Your Content violates the law, infringes or misappropriates the rights of any third party, or otherwise violates a material term of the Agreement (including the documentation, the Service Terms, or the Acceptable Use Policy) (“Prohibited Content”), we will notify you of the Prohibited Content and may request that such content be removed from the Services or access to it be disabled. If you do not remove or disable access to the Prohibited Content within 2 business days of our notice, we may remove or disable access to the Prohibited Content or suspend the Services to the extent we are not able to remove or disable access to the Prohibited Content. Notwithstanding the foregoing, we may remove or disable access to any Prohibited Content without prior notice in connection with illegal content, where the content may disrupt or threaten the Services or in accordance with applicable law or any judicial, regulatory or other governmental order or request. In the event that we remove Your Content without prior notice, we will provide prompt notice to you unless prohibited by law. We terminate the accounts of repeat infringers in appropriate circumstances.
Periodic Upgrades and Fixes
From time to time, we may apply upgrades, patches, bug fixes, or other maintenance to the Services and Xetabytes 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.
If your Agreement does not include a provision on Xetabytes Confidential Information, and you and Xetabytes do not have an effective non-disclosure agreement in place, then you agree that you will not disclose Xetabytes Confidential Information, except as required by law.
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.
Only the applicable Xetabytes company accounts will have invoices generated with respect to each Xetabytes account, and no other Xetabytes user account o utside the company account has any obligation with respect to such account. Invoices for each account will reflect on the billing page for each account.
Associated Service Fees
When you use a Service, you may be able to use or be required to use one or more other Services (each, an “Associated Service”), and when you use an Associated Service, you are subject to the terms and fees that apply to that Associated Service.
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.
If you are a customer that is subject to the French Politique générale de sécurité des systems d’information de santé (PGSSI-S), you agree that your use of the Services complies with the PGSSI-S.
1. These Service Terms incorporate the Xetabytes GDPR Data Processing Addendum (“DPA”), when the GDPR applies to your use of the Xetabytes Services to process Customer Data (as defined in the DPA).The DPA is effective as of 24 October 2016 and replaces and supersedes any previously agreed data processing addendum between you and Xetabytes relating to the Directive 95/46/EC.
2. These Service Terms incorporate the Xetabytes Supplementary Addendum to the DPA, when the GDPR applies to your use of the Xetabytes Services to process Customer Data.
3. These Service Terms incorporate the Xetabytes CCPA Terms (“CCPA Terms”), when the CCPA applies to your use of the Xetabytes Services to process Personal Information (as defined in the CCPA Terms).
4. Following closure of your Xetabytes account, we will delete Your Content in accordance with the Documentation.
2. When you use the Wallet Service, Service fees and charges will automatically be invoiced to the Wallet on a hourly charge. You are required to only pay for what service you have used.