Effective as of August 1, 2019
SECURITI.ai is an innovator of AI-Powered cybersecurity and data protection solutions. Its first product suite, PRIVACI.ai is the world’s first PrivacyOps platform that helps automate all major functions needed for privacy compliance in one place. It enables enterprises to give rights to people on their data, be responsible custodians of people’s data, comply with global privacy regulations and bolster their brands. Since our products are cloud based, you can access them through the web and through any number of device types (e.g., desktop, laptop, tablets, and smartphone devices) that you choose.
This document, the SECURITI Terms of Service (“Terms”), outlines the terms regarding your use of our products. These Terms are a legally binding contract between you and SECURITI so please read carefully. If you do not agree with these Terms, do not register or use any of the Services.
By using, accessing or browsing the SECURITI Service, platform and products including applications, mobile, software, websites or other properties owned or operated by SECURITI or by registering for a product suite account ( “Services”) you are agreeing to be bound by these Terms for the Services provided by SECURITI (“SECURITI” or “we”). If you reside in the United States, you are entering into this contract with SECURITI, Inc.
If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising to SECURITI that you have the authority to bind that organization to these Terms (in which event, "you" and "your" will refer to that organization) unless that organization has a separate paid contract in effect with us, in which event the terms of that contract will govern your use of the Services.
We reserve the right to modify these Terms. We will post the most current version of these Terms at www.securiti.ai (the “Site”). If we make material changes to these Terms, we will notify you via the Services and/or by email to the address associated with your account. If you do not accept the changes, you must stop using and cancel your account by opening a ticket viia the Customer Support link in your PRIVACI.ai portal or by emailing email@example.com. Your continued use of our Services after we publish or send a notice about our changes to these Terms means that you are consenting to the updated terms.
You are entirely responsible for all materials and information that you upload, post or otherwise transmit via the Services (please also see our Acceptable Use Policy in Section 10). Only you may use your PRIVACI.ai account and you are responsible for your account. If you become aware of any unauthorized use of the Services or your account, or have any questions about your account please contact SECURITI support via the Customer Support link in your PRIVACI.ai portal or by emailing firstname.lastname@example.org.
Children: No part of the Service is directed to persons under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE SERVICE AT ANY TIME OR IN ANY MANNER.By using the Service, you affirm that either you are at least 18 years of age or have been authorized to use the Service by your parent or legal guardian who is at least 18 years of age.
Agent of a Company, Entity, or Organization: If you are using the Service on behalf of a company, entity, or organization (collectively “Organization”), then you represent and warrant that you:
Your employer chooses what email address(es) you register for an account. The domain of the email address associated with your account is owned or controlled by your employer and your account will therefore be controlled by your employer.
Since your employer provided you with your account, your employer has rights to your account and may: (a) manage your account (including suspending or canceling); (b) reset your password; (c) view your usage and profile data, including how and when your account is used; and (d) manage the content in your account.
By registering with SECURITI or signing up for Services, you understand that we may send you (including via email) information regarding the Services, such as: (a) notices about your use of the Services, including notices of violations of use; (b) updates to the Services and new features or products; and (c) notifications from within the service.
Notices emailed to you will be considered given and received when the email is sent.
The content of the Service include: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other Company content (collectively, “Content”). All Content and the compilation (meaning the collection, arrangement, and assembly) of all Content are the property of SECURITI or its licensors and are protected under copyright, trademark, and other laws.
You agree to provide SECURITI (as well as agents or service providers acting on SECURITI’s behalf to provide the Services) the right to transmit, process, use and disclose Content and other information which we may obtain as part of your use of the Services but only: (i) as necessary for us to provide the Services, (ii) as otherwise permitted by these Terms, (iii) as otherwise required by law, regulation or order, or (iv) to respond to an emergency.
During your use of the Services, SECURITI may share with you information that is confidential, sensitive or should be kept secret. For example, if we tell you about our product roadmaps, product designs and architecture, technology and technical information, provide you with security audit reviews, business and marketing plans, or share with you our business processes, these should always be considered confidential to SECURITI.
Also, if either of us provide any documents to the other that are labeled “confidential” (or something similar), or provide information (either in writing or verbal) that is of a type that a reasonable person should understand to be confidential such information is to be treated as confidential information. However, if you tell us information that: (a) we already know at the time you tell us; (b) was told to us by a third party who had the right to tell us; (c) is generally available to the public; or (d) was independently developed by us without using any of your confidential information, then that information will not be considered confidential. The same goes for information that we tell you that falls into any of these categories.
Lastly, we both agree that: (i) we will treat each other’s information with the same degree of care that we treat our own confidential information; (ii) will use each other’s confidential information only in connection with these Terms and the Services; (iii) only share the information with others who have a need to know and who have agreed in writing to treat it as confidential (as we’ve outlined in this section); and (iv) not share the information with any third party except as allowed in these Terms or through the Services. Of course, confidential information will always remain the property of its owner.
A subset of Securiti’s Personnel has access to customer data as necessary to support the platform. Individual access is granted based on the role and job responsibilities of the individual. Access to systems containing customer data is reviewed on a regular basis and is monitored on an ongoing basis.
The Services are provided from the United States. By using and accessing the Services, you understand and agree to the storage of Content and any other personal information in the United States. However, you understand that you (or other people that you collaborate with) can access the Services (including Content) from outside of the United States (subject to applicable law) and that nothing prohibits the processing of other information outside of the United States.
You agree you will not, nor will you encourage others or assist others, harm the Services or use the Services to harm others. For example, you must not use the Services to harm, threaten, or harass another person, organization and/or to build a similar service or website. You must not: (a) damage, disable, overburden, or impair the Service (or any network connected to the Services); (b) resell or redistribute the Services or any part of it; (c) use any unauthorized means to modify, reroute, or gain access to the Services or attempt to carry out these activities; (d) use any automated process or service (such as a bot, a spider, or periodic caching of information stored by SECURITI) to access or use the Services; (e) use the Services beyond the features allocation and amounts provided in that Service or in violation of our fair use policy; (f) use the Services to violate any law of distribute malware or malicious Content; or (g) distribute, post, share information or Content you don’t have the right to or is illegal.
As part of our efforts to protect the Service, protect our customers, or stop you from breaching these Terms we retain the right to block or otherwise prevent delivery of any type of file, email or other communication to or from the Services.
We reserve the right to suspend or terminate your access to the Service at any time at our sole discretion. You understand that if your account is suspended or terminated, you may no longer have access to the features or content stored the Services.
Customer data will only be retained for the duration of the customer’s contract with the Company. SECURITI team must be notified of customer termination/offboarding via a ticket filed using the Customer Support link in your PRIVACI.ai portal or via an email to email@example.com (with cancellation confirmation from a SECURITI representative).
Upon receiving a confirmed customer termination request, all customer data will be deleted from online systems within one business week of the creation of the offboarding ticket.
We can make necessary deployments of changes, updates or enhancements to the Services at any time. We may also add or remove functionalities or features, or we may suspend or stop the Services altogether.
SECURITI may make available to you optional third-party applications, services or products, for use in connection with the Services (“Third-Party Products”). These Third-Party Products are not necessary for the use of the Services and your use (and any exchange of any information, license, payments etc. are between you and the third party provider) is solely between you and the applicable third party provider. SECURITI makes no warranties of any kind and assumes no liability of any kind for your use of such Third-Party Products. If you have any questions or concerns regarding the Third-Party Products, then please contact the applicable third party provider.
All contents of the Site and Services including but not limited to logo, design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement and SECURITI Confidential Information belong to SECURITI , and/or its suppliers, affiliates, or licensors.
SECURITI or its licensors own and reserve all right, title and interest in and to the Services and all hardware, software and other items used to provide the Services, other than the rights we expressly grant to you to use the Services and SECURITI Confidential Information. No title to or ownership of any proprietary rights related to the Services or SECURITI Confidential Information is transferred to you pursuant to these Terms.
If you provide comments, suggestions and recommendations to SECURITI about a Service (e.g., modifications, enhancements, improvements) (collectively, "Feedback"), you are automatically assigning this Feedback to SECURITI.
TO THE EXTENT NOT PROHIBITED BY LAW, SECURITI AND ITS AFFILIATES (AND ASSOCIATED SERVICE PROVIDERS) (A) PROVIDE THE SERVICES "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE", (B) MAKE NO REPRESENTATIONS OR WARRANTIES OR CONDITIONS WHETHER EXPRESS OR IMPLIED (E.G. WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT), AND (C) DO NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF HARMFUL COMPONENTS, THAT THE CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.
To the extent not prohibited by law, you will defend SECURITI against any cost, loss, damage, or other liability arising from any third party demand or claim that any Content or information provided by you, or your use of the Services: (a) infringes a registered patent, trademark, or copyright of a third party, or misappropriation of a trade secret (to the extent that such misappropriation is not the result of SECURITI’s actions); or (b) violates applicable law or these Terms. SECURITI will reasonably notify you of any such claim or demand that is subject to your indemnification obligation.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SECURITI, ITS AFFILIATES, RESELLERS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR: ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, REVENUE, GOODWILL, USE OR CONTENT) HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, NEGLIGENCE OR OTHERWISE, EVEN IF SECURITI HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR YOUR USE OF COMPANY CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. IN SUCH AN EVENT, THIS LIMITATION WILL NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY LAW.
You must comply with all domestic and international export laws and regulations that apply to your use of the Services, such as software. These laws include restrictions on destinations, end users, and end use.
If you reside in the United States, you agree that the Terms, and your relationship with
SECURITI will be governed by the laws of the State of California, U.S.A. regardless of conflict of laws principles. We both agree that the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act does not apply to these Terms. We both agree that all of these claims can only be litigated in the federal or state courts in Santa Clara County, California, USA and we each agree to personal jurisdiction in those courts. However, you agree that SECURITI can apply for injunctive remedies in any jurisdiction.
SECURITI offers both free and paid Services. If you choose to subscribe to a paid Service, you agree to pay the fees ("Fees") as quoted to you when you purchase that Service. We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase. You are responsible for all charges related to using the purchased Service (for example, data charges and currency exchange settlements). You will pay the Fees in the currency SECURITI quoted at the time of purchase. SECURITI reserves the right to change the eligible currencies at any time.
SECURITi reserves the right to change its prices at any time, however, if we have offered a specific duration and Fee for your use of the Service, we agree that the Fee will remain in force for that duration. After the offer period ends, your use of the Service will be charged at the then-current Fee(s). If you don't agree to these changes, you must stop using the Service and cancel via email to firstname.lastname@example.org (with cancellation confirmation from a SECURITI representative). If you cancel, your Service ends at the end of your current Service period or payment period, and no refunds for previously paid services will be issued.
“API” is the application-programming interface used by you to access functionality provided by SECURITI
“Monthly Active User” or “MAU” is a Platform Application User that uses the Service via an API call (made by or on behalf of the Platform Application User account) at least once in a monthly calendar period.
“Monthly Platform Bandwidth” is the Platform Bandwidth consumed on a monthly calendar basis by or on behalf of: (a) a Platform Application User; or (b) a Platform Service Account (e.g. Connectors), not to exceed your allotted amount. Unless specified in an order, excluded from Monthly Platform Bandwidth is Platform Bandwidth consumed by: (i) SECURITI provided applications (e.g., the PRIVACI web app) and (ii) SECURITI provided software application (e.g. PRIVACI virtual appliance), if applicable.
“PlatformApplication” is an application used by or on behalf of you that uses the API for the purposes of access to the Service.
“Platform Application User” is a user with a unique identifier that is created and provisioned by the enterprise administrator and such user’s access to Content in the Service is governed through the Platform Application.
“Platform Bandwidth” is the flow of data to or from the Service as a result of the Platform Application, measured in gigabytes (GB), not to exceed your allotted amount.
"Platform Service Account” is a SECURITI.ai API based ‘Connector’ service that is created and provisioned by an application administrator to scan and detect personal data within your data stores and execute data subject rights requests where possible.
“Platform Storage” is the total amount of Content, measured in gigabytes (unless otherwise specified), stored by or on behalf of all Platform Application Users, Platform Service Accounts and any other users of Platform Products, not to exceed your allotted amount.
“Platform UseLimit(s)” is the amount as specified and allocated to you for: (i) Monthly Platform Bandwidth, Monthly Platform API Calls, Platform Storage and number of Monthly Active Users; and (ii) any other applicable usage limits or restrictions.
“System Admin(s)” Users with system admin (also known as ‘admin’) access profile are one or more key stakeholders or IT managers who needs full control over the PRIVACI.ai account and its administration. This role has special access to all system features, functions, and data because administrators can override access profile rules and pass all access profile checks.
The responsibilities for the primary admin include:
“Data Source Instance” is a unique, data repository that can be scanned to detect personal data and/or automated to execute data rights requests. A single data source instance could be a unique SaaS service instance identified by its instance Id or domain name, a single application database, a unique file share, a unique storage bucket, an LDAP/AD Organizational Unit etc. which can be connected to the PRIVACI environment through a supported PRIVACI Monitored or User Defined Connector.
You receive the features and functionality that are provided in the specific Platform Product(s) that you have registered or purchased. You will ensure that your usage of the Platform Products is at all times in conformance with the Platform Use Limits, these Terms and applicable law. If you exceed the Platform Use Limits, additional fees will be due and/or reasonable restrictions may be placed on your account until any such excess usage is adequately eliminated by you.
You may not co-brand any Platform Products or use any SECURITI.ai OR PRIVACI.ai trademarks, logos, or other SECURITI marks to promote and market the Platform Products without SECURITI’s prior written consent.
You will not permit use of the Platform Application:
Consulting Services: In the event you order any professional, educational, operational or technical services (collectively, “Consulting Services), the nature, details and duration of the Consulting Services will further described in the datasheet or statement of work which is referenced.
Deliverables and Tools: SECURITI will own and retains all rights, title and interest in and to any training materials or other tangible materials provided to you as part of the Consulting Services (each, a “Deliverable”) (excluding any of your Confidential Information), and related intellectual property rights. Subject to these Terms, SECURITI grants you a royalty free, limited, non-exclusive, non-transferable and terminable license to use the Deliverables solely for your authorized use of the SECURITI Service during your subscription term. Nothing herein shall be construed to assign or transfer any intellectual property rights in the proprietary tools, libraries, know-how, techniques and expertise (“SECURITI Tools”) used by SECURITI to develop the Deliverables and to the extent such SECURITI Tools are delivered with or as part of the Deliverables, they are licensed, not assigned, to you on the same terms as the Deliverables.
Consulting Services Warranty: In regard to Consulting Services only, SECURITI warrants that: (a) it and each of its employees, consultants and subcontractors, if any, have the necessary knowledge, skills, experience, qualifications, and resources to provide and perform the Consulting Services in accordance with the applicable datasheet or statement of work; and (b) the Consulting Services will be performed in a professional and workmanlike manner in accordance with industry standards and in accordance with the scope of services outlined in the applicable datasheet or statement of work. You acknowledge that SECURITI’s ability to successfully perform the Consulting Services is dependent upon your provision of timely information, access to resources, and participation as outlined in the applicable Consulting Services. If through no fault or delay of you the Consulting Services do not conform to the foregoing warranty, and you notify SECURITI within seven (7) calendar days of SECURITI’s delivery of the Consulting Services, SECURITI will re-perform the non-conforming portion(s) of the Consulting Services at no additional cost to you.
Severability; Entire Agreement: These Terms apply to the maximum extent permitted by relevant law. If a court holds that we cannot enforce a part of these Terms as written, you and we will replace those terms with similar terms to the extent enforceable under the relevant law, but the rest of these Terms will remain in effect. This is the entire contract between you and us regarding the Service. It supersedes any prior contract or oral or written statements regarding your use of the Services.
Assignment and transfer: We may assign, transfer, or otherwise dispose our rights and obligations under this contract, in whole or in part, at any time without notice. You may not assign this contract or transfer any rights to use the Service, unless we allow you to do so in writing.
Independent Contractors; No third-party beneficiaries: SECURITI and you are not legal partners or agents; instead, our relationship is that of independent contractors. This contract is solely for your and our benefit. It is not for the benefit of any other person, except for permitted successors.
Waiver: The failure of either of us to insist upon or enforce strict performance of any of the provisions of these Terms or to exercise any rights or remedies under these Terms will not be construed as a waiver or relinquishment to any extent of such right to assert or rely upon any such provision, right or remedy in that or any other instance; rather, the same will remain in full force and effect.
Government Terms: If Customer is a U.S. government entity or if this Agreement otherwise becomes subject to the Federal Acquisition Regulations (FAR), Customer acknowledges that elements of the
If you have any questions about these Terms or would
like further information, please contact us.
3031 Tisch Way, CA, USA