Legal Terms and Conditions
Last Updated: June 4, 2022
These terms between IT System Swiss, Inc. (“IT System Swiss,” “we,” “us” or “our”) and the person or entity agreeing to these terms (“Customer” or “you”) set out the general terms and conditions for (i) you to access and use the IT System Swiss Services and provide Customer Data to IT System Swiss and (ii) IT System Swiss to provide the Services to you and use the Customer Data when performing the Services.
BY CLICKING ACCEPT, YOU ARE AGREEING TO THESE TERMS. These terms, along with Customer’s order for the Services (“Order”) take effect when you click the “Accept” button or similar check box presented to you as part of the sign-up process or when you first use the Services, whichever is earlier, and will remain in effect during the relevant Subscription Term or until terminated as specified in the Agreement. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to commit the entity to the Agreement and the term “Customer” or “you” will refer to that entity. If you do not have this authority, are under the age of 18 or if you do not agree with the Agreement, you must not select the “Accept” button or accept these terms and you may not access or use the Services.
MAKE SURE YOU READ THIS AGREEMENT, THE ORDER, THE PRIVACY POLICY AND THE ACCEPTABLE USE POLICY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS TO USE IT System Swiss. The Order provides the specific terms and conditions regarding Customer’s subscription for the Services, such as User limitations, pricing methodologies and the length of the term IT System Swiss will provide the Services (“Subscription Term”). These terms and conditions, the IT System Swiss Privacy Policy located at https://IT System Swiss.com/legal/privacy and the IT System Swiss Acceptable Use Policy located at https://IT System Swiss.com/legal/acceptable-use in addition to the Order, together make up the “Agreement” between Customer and IT System Swiss.
2. Access Grant.
Subject to the terms and conditions of this Agreement and the Order, for the length of the term set forth in the applicable Order, IT System Swiss grants Customer, a non-exclusive, non-transferable, non-assignable (except as set out in Section 17 below), worldwide, limited right to access and use the Services (as such Services may be modified, revised and updated in accordance with this Agreement) for collecting and analyzing web data on Customer’s site(s) and/or native applications, for Customer’s own internal business purpose.
3. Customer Data.
Customer agrees that it will not provide any Sensitive Data to IT System Swiss. If Customer discovers that due to human error or otherwise, Customer Data does include Sensitive Data, Customer will promptly notify IT System Swiss and provide sufficient information to IT System Swiss to locate such Sensitive Data and IT System Swiss will delete the Sensitive Data in its control or possession. IT System Swiss will maintain appropriate administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of Customer Data. As between Customer and IT System Swiss, Customer owns all Customer Data and except as specifically provided in this Agreement or otherwise agreed to in writing between the parties, IT System Swiss has no right to such Customer Data. Customer grants to IT System Swiss a non-exclusive, royalty-free license to access and use Customer Data in order to provide the Services to Customer and as necessary to monitor and improve the Services. IT System Swiss will not: (a) disclose Customer Data except as compelled by law or as expressly permitted in writing by you, or (b) access Customer Data except to provide the Services as described herein or prevent or address service or technical problems, or at your request in connection with customer support matters. For the avoidance of doubt, IT System Swiss may use, reproduce and disclose Customer Data that is anonymized, de-identified, or is otherwise not reasonably associated or linked to Customer (or any other identifiable individual person or entity) (“Anonymized Data”) for product improvement and other purposes consistent with IT System Swiss’s Privacy Policy. This right to use Anonymized Data will survive termination of this Agreement.
4. Confidentiality.
Confidential Information. Each party (the “Receiving Party”) understands that the other party (the “Disclosing Party”) has business, technical or financial information relating to Disclosing Party’s business which it has disclosed or may disclose during this Agreement (“Confidential Information”). IT System Swiss’s Confidential Information includes non-public information regarding features, functionality and performance of the Services, as well as all user visible aspects of the Services. Customer’s Confidential Information includes information provided by Customer to IT System Swiss to enable the provision of the Services as well as all Customer Data. The terms and conditions of this Agreement, including all pricing and related metrics, are each party’s Confidential Information.
5. Customer Obligations.
Except as permitted under this Agreement or as required by law, Customer will not, and will not permit or encourage its Users, to:
(i) license, sublicense, sell, resell, transfer, assign, distribute, use as a service bureau or timeshare, or otherwise commercially exploit or make the Services available to any third party in any way;
(ii) modify, disassemble or make derivative works based upon the Services or otherwise attempt to derive source code or other trade secrets from the Services;
(iii) reverse engineer or access the Services in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Services, or (c) copy any ideas, features, functions or graphics of the Services;
(iv) modify, remove or obstruct any proprietary rights statement or notice contained in the Services;
(v) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws;
(vi) send or store (a) infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or which violates third party privacy rights; or (b) material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
(vii) attempt to gain unauthorized access to the Services or its related systems or networks;
(viii) access the Services if you or your Users are a direct competitor of FullStory, unless FullStory agrees in writing before you access the Services;
6. Support.
Subject to the terms of this Agreement, FullStory will provide Customer with reasonable technical support services in accordance with FullStory’s standard support offering. Our servers may be unavailable as the result of planned or unplanned downtime, for reasons including technical issues, legal compliance, security actions, business decisions, or any other cause. We may attempt to inform you if such downtime is planned, but we are under no obligation to do so. You agree that we are not liable for the unavailability of our Service.