SAAS ACCEPTABLE USE POLICY
QENGINE’S ACCEPTABLE USE POLICY FOR
QENGINE SOFTWARE-AS-A-SERVICE
Last updated July 1, 2019 This Acceptable Use Policy (“Policy”) outlines unacceptable use of Qengine Software-as-a-Service (SaaS), which interact with, or access, the Internet (the “Services”). This Policy is in addition to any other terms and conditions under which Qengine provides the Services to you. Qengine may make reasonable modifications to this Policy from time to time by posting a new version of this document on the Qengine website at the current URL. Revisions are effective immediately upon posting. Accordingly, we recommend that you visit the Qengine website regularly to ensure that your activities conform to the most recent version. Questions about this Policy (e.g., whether any contemplated use is permitted) and reports of violations of this Policy should be directed to support@inzata.com License – software is licensed, not sold. QEngine grants customer a non-transferable, non-exclusive, perpetual limited license without the right to sublicense, to use in object code form only. Copyright and title – All rights to the software (including but not limited to any software, text, mobile Apps or applets incorporated in the software) are owned by QEngine or a licensed third party supplier if applicable. The software is protected by copyright laws and international treaty provisions.
More information on cookies
Cookies used for correct functioning of the website
We use some cookies to ensure that our website functions correctly, such as:-
Unfortunately, there is no way to prevent the use of these cookies other than by stopping the use of our website.
Third-party functions
Our website, just like most websites, also includes third-party functionalities. For example, “Follow us” panel by Linkedin included in the website. If these cookies are disabled, this will likely block the functionalities provided by these third parties.
Social network cookies
There are several cookies that are used by social network services for tracking the use of embedded services etc. For this purpose, we provide on our website buttons intended for sharing contents on these networks.
We use following social network cookies:
Linkedin (More information).
The consequences related to the protection of privacy in this area will differ among the individual social networks and will depend on the personal data protection settings chosen on these networks.
Visitors’ statistics cookies
We also use cookies to draw up visitor statistics, e.g. to determine how many people have visited our website, which type of technology they used (e.g. Mac or Windows – this helps us determine in which cases our website does not work as it should for specific technologies), what time they spent on our website, which page they viewed the most, etc. This helps us continuously improve our website. These programs, so called “analytics”, also indicate how people reached the website (e.g. from Google search engines) and whether they had already visited it previously – this helps us spend more money to develop the services for you instead of spending for marketing expenses.
We use following visitors’ statistics cookies:
Google Analytics (More information).
Advertising cookies
Cookies are very commonly used in online advertising. Neither we nor our advertising partners can obtain personal data from these cookies. You can disable almost all advertising cookies through your web browser even though we would prefer if you did not do so, as advertising helps keep most of the internet content free of charge. It should also be emphasized that disabling advertising cookies does not mean that advertisements will no longer be displayed – they will merely not be personalized.
We use following advertising cookies:
Google AdWords (More information).
Facebook pixel (More information).
HubSpot (More information).
Remarketing cookies
Occasionally, you may notice that an increased number of specific advertisements are displayed after you have visited a website. The reason is that the advertisers pay for such advertisements. The technology that enables this uses cookies, specifically “remarketing cookies”. We use these advertisements to make special offers, to motivate you to return to our site. You should not worry about this – we are unable to address you actively as the entire process is fully anonymous. You can disable these cookies at any time, as explained above.
We use following remarketing cookies:
Google AdWords (More information).
Administration of cookies settings
In order to ensure your protection in conformity with the law, we are not allowed to use all cookies without having your prior consent. To this end, we divide the cookies we use into two categories. Those necessary for correct functioning of the website or performance of a service you require from us, on the one hand, and other cookies, on the other hand. The former category is described above in this information message and we can use these cookies even without your consent.
Disabling or limiting cookies
In most cases, you can disable cookies by modifying the browser settings in that you disable cookies in the browser. If you do so, you will limit the functioning of our website, as well as many websites worldwide, because cookies form a standard part of a majority of modern websites. In respect of cookies, you might be concerned about “spyware”. Please note that rather than by disabling cookies in your browser, you can attain the same objective by installing an anti-spyware software that automatically removes cookies considered invasive.
Below, you can find a link to the cookie’s settings in individual browsers:
From time to time we may change the cookies used on our website. If you are interested in which specific cookies are used ,please do not hesitate and contact us at compliance@inzata.com
GDPR Privacy Policy V1.2, Copyright Qengine LLC 2020
SERVICES AND SUPPORT
1.1. Subject to the terms of this Agreement, Company will use commercially reasonable efforts to provide Customer the Services. As part of the registration process, Customer will identify an administrative username and password for Customer’s Company account. Company reserves the right to refuse registration of or cancel passwords it deems inappropriate.
1.2. Subject to the terms hereof, Company will provide Customer with reasonable technical support services in accordance with the Company’s standard practice.
RESTRICTIONS AND RESPONSIBILITIES
2.1. Customer will not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any software, documentation or data related to the Services (“Software”); modify, translate, or create derivative works based on the Services or any Software (except to the extent expressly permitted by Company or authorized within the Services); use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third; or remove any proprietary notices or labels.
2.2. Further, Customer may not remove or export from the United States or allow the export or re-export of the Services, Software or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority. As defined in FAR section 2.101, the Software and documentation are “commercial items” and according to DFAR section 252.227 7014(a)(1) and (5) are deemed to be “commercial computer software” and “commercial computer software documentation.”
Security
Inzata is committed to security and focused on keeping you and your data safe. Inzata adheres to industry-leading standards while connecting, replicating, and loading data from all of your data sources. Contact security@inzata.com if you have any questions or comments.
Web portal connectivity
All connections to Inzata’s web portal are encrypted by default using industry-standard cryptographic protocols (TLS 1.2+).Any attempt to connect over an unencrypted channel (HTTP) is redirected to an encrypted channel (HTTPS).To take advantage of HTTPS, your browser must support encryption protection (all versions of Google Chrome).
Standard data access permissions
Databases, Data Warehouses, Data Lakes, and API cloud applications – Inzata only requires READ permissions in order to load data from sources into Inzata.. For data sources that by default grant permissions beyond read-only, Inzata will never make use of those permissions.
These Inzata AI Supplementary Terms (“Inzata AI Terms”) form a part of the Inzata Terms of Service, between you and Inzata (the “Agreement”). These Inzata AI Terms apply to your access and use of any Inzata AI feature(s). Any terms used herein have the same meaning as in the Agreement. For the purposes of these Inzata AI Terms and where the Inzata Terms of Service apply, any reference to Customer Data shall also mean User Content.
“Inzata AI” means any feature(s) or functionality made available by Inzata and labeled as Inzata AI that utilize data models trained by machine learning, including steps built for categorization, extraction, and prompting an AI model using pre-engineered prompts or prompts written by you.
Your use of Inzata AI is subject to fair usage restrictions. You acknowledge and agree that if you exceed the usage permitted by your Subscription and Subscription Plan: (i) you may be required to upgrade your Subscription Plan or purchase additional usage to continue accessing and using Inzata AI; and (ii) Inzata may disable or degrade performance of such Inzata AI features.
Improving Inzata AI. Inzata does not use your Customer Data or permit others to use your Customer Data to train the machine learning models used to provide the Inzata AI steps. Your use of Inzata AI Steps does not grant Inzata any right or license to your Customer Data to train our machine learning models.
Artificial intelligence and machine learning models can improve over time to better address specific use cases. We may use data we collect from your use of Inzata AI to improve our models when you (i) voluntarily provide Feedback to us; or (ii) give us your permission.
Input and Output. You may provide input to be processed by Inzata AI (“Input”), and receive output generated and returned by Inzata AI based on the Input (“Output”). When you use Inzata AI, Input and Output are your Customer Data. You are solely responsible for the development, content, operation, maintenance, and use of your Customer Data. You will ensure that your Input and use of Inzata AI and Output will not (i) violate any applicable law; (ii) violate these Inzata AI Terms, the Agreement, our Privacy Policy, our Terms of Use; or (iii) infringe, violate, or misappropriate any of our rights or the rights of any third party. You acknowledge that due to the nature of machine learning and the technology powering Inzata AI features, Output may not be unique and Inzata AI may generate the same or similar output to Inzata or a third party.
Inzata AI Feature Use Restrictions. You may not use Inzata AI or Output (i) to develop foundation models or other large scale models that compete with Inzata or Inzata AI; (ii) to mislead any person that Output from the Services was solely human generated; (iii) to generate spam or content for dissemination in electoral campaigns, or (iv) in a manner that violates any technical documentation, usage guidelines, or parameters.
WARRANTY DISCLAIMER. INZATA AI AND ALL RELATED INZATA SERVICES AND SUPPORT ARE PROVIDED “AS IS”. INZATA AND ITS SUPPLIERS MAKE NO WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT. INZATA DOES NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF INZATA AI OR THE ACCURACY OF ANY OTHER INFORMATION OBTAINED THROUGH INZATA AI. INZATA DOES NOT WARRANT THAT CUSTOMER’S USE OF INZATA AI WILL BE UNINTERRUPTED OR ERROR-FREE, THAT INZATA WILL REVIEW CUSTOMER DATA FOR ACCURACY OR THAT IT WILL MAINTAIN CUSTOMER DATA WITHOUT LOSS. INZATA IS NOT LIABLE FOR DELAYS, FAILURES OR PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE INZATA’S CONTROL. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA OBTAINED THROUGH THE USE OF INZATA AI IS DONE AT YOUR SOLE RISK. YOU SHOULD NOT RELY ON FACTUAL ASSERTIONS IN OUTPUT WITHOUT INDEPENDENTLY FACT CHECKING THEIR ACCURACY. OUTPUT THAT APPEARS ACCURATE (BECAUSE OF ITS DETAIL, SPECIFICITY OR FOR ANY OTHER REASON WHATSOEVER) MAY STILL CONTAIN MATERIAL INACCURACIES. INZATA AI CANNOT DYNAMICALLY RETRIEVE INFORMATION, AND OUTPUT MAY NOT ACCOUNT FOR EVENTS OR CHANGES TO UNDERLYING FACTS OCCURRING AFTER THE AI MODEL WAS TRAINED. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Inzata OR THROUGH Inzata AI SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. CUSTOMER MAY HAVE STATUTORY RIGHTS, BUT ANY STATUTORILY REQUIRED WARRANTIES WILL BE LIMITED TO THE SHORTEST LEGALLY PERMITTED PERIOD.
INCORPORATION BY REFERENCE. THE CONFIDENTIALITY, LIMITATION OF LIABILITY, INDEMNIFICATION AND OTHER OPERATIVE PROVISIONS OF Inzata’S TERMS OF SERVICE SHALL BE INCORPORATED HEREIN BY REFERENCE AND APPLY TO CUSTOMER’S USE OF INZATA AI IN FULL FORCE AND EFFECT.
Service Level Terms Are Not Applicable. Notwithstanding anything to the contrary in your Agreement or the Service Level Terms, downtime of Inzata AI that results from a failure of a third party service will not be included in the Availability and Downtime calculations.
Third Party Provider Policies. If you choose to use the Inzata AI feature(s), you may not use the Inzata AI features in a manner that violates any OpenAI Policy, including their Content Policy; Sharing and Publication Policy; and Community Guidelines.
1.2. License Limitations. The scope of licensed use of the Software set forth in the Service Agreement shall be the licensed scope applicable to the Software installed in the Inzata Cloud.
1.3. Licensee Responsibilities. Licensee shall (i) comply and be responsible for its Authorized Users’ compliance with the Terms and Conditions Agreement, this Use of Data Agreement, applicable laws and government regulations; and (ii) use commercially reasonable efforts to prevent unauthorized access to or use of the Inzata Cloud and notify Licensor promptly of any such unauthorized access or use.
2.1. Hosting. All electronic data and information stored or managed by means of the Software by or for Licensee, including the results of data analysis embodied in the Dashboards and any other Software reports and outputs, is “Licensee Data.” Licensee Data does not include the Software or any third-party software interoperating with the Inzata Cloud. As between Licensor and Licensee, all Licensee Data is deemed Licensee’s property.
2.2. Data Back Up. Licensee acknowledges that the Inzata Cloud is not a system of record, and all Licensee Data remains on the systems and data repositories from which the data processed on the Inzata Cloud is sourced. Inzata is only responsible to restore data that has been backed up from the Dashboards as provided in the Backup Schedule set forth on the Sales Order, or to rebuild the Dashboard data from the data sources.
2.3. License to Licensee Data.
2.3.1. Licensee grants Licensor and its affiliates and contractors a worldwide, limited-term license to host, copy, use, transmit, and process Licensee Data solely as reasonably necessary for Licensor to perform its obligations under the License Agreement and any applicable Sales Order. Except for the limited license granted herein, Licensor shall acquire no right or title to Licensee Data.
2.3.2. Without limiting the generality of the foregoing, processing of Licensee Data may include: (i) uploading, hosting, combining, analyzing, creating graphs and visualizations, displaying and delivering Licensee Data as directed by Licensee using the Software functionalities; (ii) performing Cloud Support services; (iii) providing business intelligence consulting services; (iv) using Licensee Data to create aggregated and anonymous statistical reports to monitor Licensee’s use of the Inzata Cloud and Software and to improve Licensor’s products and services, provided that such statistical information does not disclose Licensee Confidential Information; and (v) maintaining logs for compliance with data retention laws and internal security and disaster recovery policies.
2.4. Responsibility for Licensee Data. Licensee acknowledges and agrees that Licensor does not screen or review Licensee Data in the Inzata Cloud. Licensee warrants and represents that it has the right to access and use the Licensee Data with the Inzata Cloud and to permit Licensor to access and use the Licensee Data as provided herein. Licensee shall comply with all applicable laws and regulations regarding the collection, use, transfer and processing of Licensee Data, including but not limited to laws and regulations relating to the collection, use, transfer or processing of any personal data, third party Intellectual Property rights, and any other laws and regulations pertaining to the use or dissemination of any Licensee Data via the Inzata Cloud.
2.5. Data Deletion.
Licensor will erase all Licensee Data from the Environment within seven (7) business days after the expiration or termination of a Subscription Period.
3.1. Notwithstanding anything to the contrary in the Service Agreement, and in addition to any disclaimer of liability in the Service Agreement, Licensor shall have no liability arising from: (i) any disclosure of Licensee Data by Licensee’s Authorized Users or through the functions and settings of the Software deployed on the Inzata Cloud under Licensee’s control; (ii) claims alleging that Licensee Data violates the Intellectual Property rights of a third party, including copyright, privacy rights, data protection rights, database rights, trade secret, or trademark (including data made available by or on behalf of customers); and (iii) damages or losses, if any, caused by any modification or adaptation made by Licensee to the Inzata Cloud without Licensor’s express and prior written consent.
3.2. Indemnification by Licensee. Licensee shall defend Licensor against any claim, demand, suit, or proceeding brought against Licensor by a third party arising in connection with Licensee Data or Licensee’s use of the Software or the Inzata Cloud in violation of the Sales Order, License Agreement, and these Inzata Cloud Terms and Conditions (each a “Claim”). Licensee shall indemnify Licensor from any damages, attorneys fees, and costs finally awarded against Licensor as a result of a Claim or for any amounts paid by Licensor under a settlement of a Claim by Licensee, provided Licensor has (a) promptly given Licensee notice of the Claim (provided that Licensee’s obligation hereunder shall be relieved only to the extent any delay in providing notice has actually prejudiced the defense of such Claim) and (b) Licensee shall have sole control of the defense and settlement of the Claim (provided that Licensee shall not enter into any settlement that admits liability on behalf of Licensor or imposes any obligations on Licensor other than cessation of use of the allegedly infringing item or payment of amounts indemnified hereunder) and (c) Licensor shall provide Licensee all reasonable assistance requested by Licensee, at Licensee’s expense.
