Aisera, Inc.##End-User License Agreement ("Agreement")##(Last updated: July 23, 2018)##Please read this End-User License Agreement ("Agreement") carefully before clicking the "I##Agree" button or using Aisera SaaS Services ("Services").##By clicking the "I Agree" button, and using the Services, you are agreeing to be bound by the##terms and conditions of this Agreement.##This Agreement is a legal agreement between you (either an individual or a single entity)##and Aisera, Inc. and it governs your use of the Services made available to you by Aisera, Inc..##If you do not agree to the terms of this Agreement, do not click on the "I Agree" button and##do not download or use the Services.##Access and use of the Services is provided to you by Aisera, Inc. for use strictly in##accordance with the terms of this Agreement.##Access##Aisera, Inc. grants you a revocable, non-exclusive, non-transferable, limited right to access##and use the Services strictly in accordance with the terms of this Agreement.##User Limitations##You understand and agree that access and usage of the Services is subject to limitations##on the number of Users which limitations are defined in your purchase order, purchase##agreement or other Order form outlining your subscription and rights to access and usage##of the Services. A “User” means, in the case of an individual accepting these terms on##behalf of a company or other legal entity, an individual who is authorized by you to use a##Service, for whom you have purchased a subscription (or in the case of any Services##provided by Aisera without charge, for whom a Service has been provisioned), and to##whom you (or, when applicable, Aisera at your request) have supplied a user##identification and password (for Services utilizing authentication). Users may include, for##example, your employees, consultants, contractors and agents, and third parties with##which you transact business.##Restrictions##You agree not to, and you will not permit others to:##- license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or##otherwise commercially exploit the Services or make the Services available to##any third party without the consent of Aisera.##- modify, make derivative works of, disassemble, decrypt, reverse compile or##reverse engineer any part of the Services.##- remove, alter or obscure any proprietary notice (including any notice of##copyright or trademark) of Aisera, Inc. or its affiliates, partners, suppliers or the##licensors of the Services.##Intellectual Property##The Services, including without limitation all copyrights, patents, trademarks, trade secrets##and other intellectual property rights are, and shall remain, the sole and exclusive property##of Aisera, Inc.##Your Suggestions##Any feedback, comments, ideas, improvements or suggestions (collectively, "Suggestions")##provided by you to Aisera, Inc. with respect to the Services shall remain the sole and##exclusive property of Aisera, Inc..##Aisera, Inc. shall be free to use, copy, modify, publish, or redistribute the Suggestions for any##purpose and in any way without any credit or any compensation to you.##Modifications to Services##Aisera, Inc. reserves the right to modify, suspend or discontinue, temporarily or##permanently, the Services or any service to which it connects, with or without notice and##without liability to you.##Updates to Services##Aisera, Inc. may from time to time provide enhancements or improvements to the##features/functionality of the Services, which may include patches, bug fixes, updates,##upgrades and other modifications ("Updates").##Updates may modify or delete certain features and/or functionalities of the Services. You##agree that Aisera, Inc. has no obligation to (i) provide any Updates, or (ii) continue to##provide or enable any particular features and/or functionalities of the Services to you.##You further agree that all Updates will be (i) deemed to constitute an integral part of the##Services, and (ii) subject to the terms and conditions of this Agreement.##Protection of Your Data##“Your Data” means electronic data and information submitted by or for you to the Services,##including Content.##Aisera will maintain administrative, physical, and technical safeguards for protection of the##security, confidentiality and integrity of Your Data. Those safeguards will include, but will##not be limited to, measures for preventing access, use, modification or disclosure of Your ##Data by Our personnel except (a) to provide the Services and prevent or address service or##technical problems, (b) as compelled by law, or (c) as you expressly permit in writing.##Third-Party Services##The Services may display, include or make available third-party content (including data,##information, services and other products and services) or provide links to third-party##websites or application ("Third-Party Services").##You acknowledge and agree that Aisera, Inc. shall not be responsible for any Third-Party##Services, including their accuracy, completeness, timeliness, validity, copyright compliance,##legality, decency, quality or any other aspect thereof. Aisera, Inc. does not assume and shall##not have any liability or responsibility to you or any other person or entity for any ThirdParty Services.##Third-Party Services and links thereto are provided solely as a convenience to you and you##access and use them entirely at your own risk and subject to such third parties' terms and##conditions.##Term and Termination##This Agreement shall remain in effect until terminated by you or Aisera, Inc..##Aisera, Inc. may, in its sole discretion, at any time and for any or no reason, suspend or##terminate this Agreement with or without prior notice.##This Agreement will terminate immediately, without prior notice from Aisera, Inc., in the##event that you fail to comply with any provision of this Agreement. You may also terminate##this Agreement by deleting the Services and all copies thereof from your mobile device or##from your computer.##Upon termination of this Agreement, you shall cease all use of the Services and delete all##copies of the Services from your mobile device or from your computer.##Termination of this Agreement will not limit any of Aisera, Inc.'s rights or remedies at law##or in equity in case of breach by you (during the term of this Agreement) of any of your##obligations under the present Agreement.##Indemnification##You agree to indemnify and hold Aisera, Inc. and its parents, subsidiaries, affiliates, officers,##directors, employees, consultants, agents, partners and licensors (if any) harmless from any##claim or demand, including reasonable attorneys' fees, due to or arising out of your: (a) use##of the Services; (b) violation of this Agreement or any law or regulation; or (c) violation of##any right of a third party.##No Warranties##The Services is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects##without warranty of any kind. To the maximum extent permitted under applicable law, ##Aisera, Inc., on its own behalf and on behalf of its affiliates and its and their respective##licensors and service providers, expressly disclaims all warranties, whether express,##implied, statutory or otherwise, with respect to the Services, including all implied##warranties of merchantability, fitness for a particular purpose, title and non-infringement,##and warranties that may arise out of course of dealing, course of performance, usage or##trade practice. Without limitation to the foregoing, Aisera, Inc. provides no warranty or##undertaking, and makes no representation of any kind that the Services will meet your##requirements, achieve any intended results, be compatible or work with any other software,##servicess, systems or services, operate without interruption, meet any performance or##reliability standards or be error free or that any errors or defects can or will be corrected.##Without limiting the foregoing, neither Aisera, Inc. nor any Aisera, Inc.'s provider makes any##representation or warranty of any kind, express or implied: (i) as to the operation or##availability of the Services, or the information, content, and materials or products included##thereon; (ii) that the Services will be uninterrupted or error-free; (iii) as to the accuracy,##reliability, or currency of any information or content provided through the Services; or (iv)##that the Services, its servers, the content, or e-mails sent from or on behalf of Aisera, Inc. are##free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful##components.##Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the##limitations on the applicable statutory rights of a consumer, so some or all of the above##exclusions and limitations may not apply to you.##Limitation of Liability##Notwithstanding any damages that you might incur, the entire liability of Aisera, Inc. and##any of its suppliers under any provision of this Agreement and your exclusive remedy for all##of the foregoing shall be limited to the amount actually paid by you for use of the Services.##To the maximum extent permitted by applicable law, in no event shall Aisera, Inc. or its##suppliers be liable for any special, incidental, indirect, or consequential damages##whatsoever (including, but not limited to, damages for loss of profits, for loss of data or##other information, for business interruption, for personal injury, for loss of privacy arising##out of or in any way related to the use of or inability to use the Services, third-party##software and/or third-party hardware used with the Services, or otherwise in connection##with any provision of this Agreement), even if Aisera, Inc. or any supplier has been advised##of the possibility of such damages and even if the remedy fails of its essential purpose.##Some states/jurisdictions do not allow the exclusion or limitation of incidental or##consequential damages, so the above limitation or exclusion may not apply to you.##Severability##If any provision of this Agreement is held to be unenforceable or invalid, such provision will##be changed and interpreted to accomplish the objectives of such provision to the greatest ##extent possible under applicable law and the remaining provisions will continue in full force##and effect.##Waiver##Except as provided herein, the failure to exercise a right or to require performance of an##obligation under this Agreement shall not effect a party's ability to exercise such right or##require such performance at any time thereafter nor shall be the waiver of a breach##constitute waiver of any subsequent breach.##For U.S. Government End Users##The Services and related documentation are "Commercial Items", as that term is defined##under 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial##Computer Software Documentation", as such terms are used under 48 C.F.R. §12.212 or 48##C.F.R. §227.7202, as applicable. In accordance with 48 C.F.R. §12.212 or 48 C.F.R.##§227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and##Commercial Computer Software Documentation are being licensed to U.S. Government end##users (a) only as Commercial Items and (b) with only those rights as are granted to all other##end users pursuant to the terms and conditions herein.##Export Compliance##You may not export or re-export the Services except as authorized by United States law and##the laws of the jurisdiction in which the Services was obtained.##In particular, but without limitation, the Services may not be exported or re-exported (a)##into or to a nation or a resident of any U.S. embargoed countries or (b) to anyone on the U.S.##Treasury Department's list of Specially Designated Nationals or the U.S. Department of##Commerce Denied Person's List or Entity List.##By installing or using any component of the Services, you represent and warrant that you##are not located in, under control of, or a national or resident of any such country or on any##such list.##Amendments to this Agreement##Aisera, Inc. reserves the right, at its sole discretion, to modify or replace this Agreement at##any time. If a revision is material we will provide at least 30 days' notice prior to any new##terms taking effect. What constitutes a material change will be determined at our sole##discretion.##By continuing to access or use our Services after any revisions become effective, you agree##to be bound by the revised terms. If you do not agree to the new terms, you are no longer##authorized to use the Services.##Governing Law##The laws of California, United States, excluding its conflicts of law rules, shall govern this##Agreement and your use of the Services. Your use of the Services may also be subject to##other local, state, national, or international laws.##This Agreement shall not be governed by the United Nations Convention on Contracts for##the International Sale of Good.##Contact Information##If you have any questions about this Agreement, please contact us.##Entire Agreement##The Agreement and any purchase orders or other order forms purchasing this services##constitute the entire agreements between you and Aisera, Inc. regarding your use of the##Services and supersede all prior and contemporaneous written or oral agreements between##you and Aisera, Inc..##You may be subject to additional terms and conditions that apply when you use or purchase##other Aisera, Inc.'s services, which Aisera, Inc. will provide to you at the time of such use or##purchase.##Privacy Policy (last updated: June 23, 2018)##1. Introduction##Aisera provides an AISM & AIOPS Software as a Service (SaaS). At Aisera the privacy and##security of the Users, its customers, and other service requestors (Requestors) are of##paramount importance. Aisera is committed to protecting the data you share with us. This##privacy policy explains how Aisera processes information that can be used to directly or##indirectly identify an individual (“Personal Data”) collected through use of its platform.##For the purposes of this policy, Aisera defines the term “User” as an entity with which##Aisera has an established relationship.##Any information stored on Aisera’s platform is treated as confidential. All information is##stored securely and is accessed by authorized personnel only. Aisera implements and##maintains appropriate technical, security and organizational measures to protect Personal##Data against unauthorized or unlawful processing and use, and against accidental loss,##destruction, damage, theft or disclosure.##2. Collection and use##2.1. General##The following sections cover the specifics of each of the two groups from which data is##collected: Users and Requestors.##2.2. Purpose of processing personal data##Aisera uses the collected data to analyze and manage ITSM and Customer Service Tickets##(Service Tickets) and to provide automated responses to Requestors in answer to individual##service requests. In addition, Aisera analyzes current and historical Service Tickets using##Artificial Intelligence to provide solutions to address current service requests and provide##these answers to the Requestors.##2.3. Sharing personal data##Aisera does not retain nor share the analyzed data.##2.4. Inquires##If you wish to inquire about your Personal Data which data may have been analyzed in an##Aisera application, we recommend that you contact your IT department.##2.5 Users##2.5.1. General##To provide services to its Users and Requestors, Aisera analyzes certain types of data##generated from within User provided service ticket systems. This section will describe how##this data is collected and used by Aisera as well as geographical differences that effect this##policy. All Data analyzed or used in an Aisera application such as texts, questions, contacts,##media files, etc., remains the property of the User and if the data is inadvertently obtained##by Aisera may not be shared with a third party without express consent from the User.##2.5.2 Collection of User data##During use of Aisera’s application, Users and/or Requestors do not provide any additional##information except what is contained in the Service Ticket. The information analyzed is##provided by the User and used by Aisera to identify the service request and details of the##issue being reported. Aisera provides the Requestor with support, services, and knowledge##obtained from current and historical User provided service tickets, information obtained##from public and internal knowledge bases and provides to the Requestor the best available##knowledge to address their issue.##2.5.3 Collection of Requestor data##It is the User’s responsibility to ensure that collection and processing of data is done in##accordance with applicable law. Aisera will not process Personal Data for other purposes or##by other means than instructed by its Users.##Requestor data includes only data provided by the User. Personal Data may include##personal contact information such as name and email address. Information provided by##Requestors to identify their service request needs may also include Personal Data.##For Users and/or Requestors in the EEA, the User will be the “controller”, as defined in the##Directive and the GDPR. The purpose will consequently be defined by Aisera’s User.##If you or your organization are required under the European Union’s General Data##Protection Regulation (GDPR) to enter into a contract, or other binding legal act under EU ##or Member State law, with your data processors, you must review and accept Aisera’s Data##Processing Agreement in your Aisera account.##2.5.4. Geographical location##Thru use of data centers provided by Amazon Web Services, Aisera offers a number of data##regions. An Aisera “Data Region” is a set of data centers located within a defined##geographical area where User and Requestor data is stored. Personal Data is not##transmitted between Data Regions. For Aisera Users with accounts located in Aisera’s##European Data Region, all Personal Data is processed in the EEA. For Users with accounts in##the Data Regions: United States of America (US) and Canada, all Personal Data is processed##solely in the respective country. For Users with accounts in our Asia Pacific Data Region, all##Personal Data is processed in Singapore.##2.5.4.1 Processing in the European Economic Area (EEA)##For Users with accounts located in Aisera’s European Data Region, all processing of##Personal Data is performed in accordance with privacy rights and regulations following the##EU Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995##(the Directive), and the implementations of the Directive in local legislation. From May 25th,##2018, the Directive and local legislation based on the Directive will be replaced by the##Regulations (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016##on the protection of natural persons with regard to the processing of Personal Data and on##the free movement of such data, known as the General Data Protection Regulation (GDPR),##and Aisera’s processing will take place in accordance with the GDPR.##2.5.4.1.1 Controller##Aisera processes Personal Data both as a Processor and as a Controller, as defined in the##Directive and the GDPR:##The Aisera entity with which you as a User entered an agreement when using Aisera’s##platform, will be the Controller for User data, as outlined above in “Collection of User data”##section.##For Requestor data, as outlined in the “Collection of Respondent data” section, the User will##be the Controller in accordance with Directive and GDPR, and Aisera will be the Processor.##Aisera adheres to the Directive of 1995 and the GDPR from May 25th, 2018. Consequently,##Aisera processes all data provided by its Users with accounts in its European Data Region, in##the European Economic Area (EEA) only.##If collected, all data collected by Aisera Users will be stored exclusively in secure hosting##facilities provided by Amazon Web Services. Aisera has a data processing agreement in##place with its provider, ensuring compliance with the Directive. All hosting is performed in##accordance with the highest security regulations. All transfers of data internally in the EEA##is done in accordance with this data processing agreement.##2.5.4.2 Processing in the United States Of America (US)##For Users with accounts in the Aisera US Data Region, Aisera processes data solely in data##centers located in the US. Aisera has adopted reasonable physical, technical and##organizational safeguards which substantially mirror the EU safeguards against accidental,##unauthorized or unlawful destruction, loss, alteration, disclosure, access, use or processing##of the User’s data in Aisera’s possession. Aisera will promptly notify the User in the event of##any known unauthorized access to, or use of, the User’s data.##Aisera’s contract with its hosting provider ensures that all hosting is performed in##accordance with the highest security regulations. Aisera’s policy is to protect and safeguard##any personal information obtained by Aisera in accordance with United States state or##federal laws governing the protection of personal information and data. Accordingly, Aisera##adheres to practices and policies that aim to safeguard the data.##2.5.4.3 Processing in Canada##For Users with accounts in the Aisera Canada Data Region, Aisera processes data solely in##data centers located in Canada. Aisera has adopted reasonable physical, technical and##organizational safeguards which substantially mirror the EU safeguards against accidental,##unauthorized or unlawful destruction, loss, alteration, disclosure, access, use or processing##of the Users data in Aisera’s possession. Aisera will promptly notify the User in the event of##any known unauthorized access to, or use of, the User’s data.##Aisera’s contract with its hosting provider ensures that all hosting is performed in##accordance with the highest security regulations. Aisera’s policy is to protect and safeguard##any personal information obtained by Aisera in accordance with Canadian laws governing##the protection of personal information and data. Accordingly, Aisera adheres to practices##and policies that aim to safeguard the data.##2.5.4.4 Processing in other regions##For Users with accounts in our Asian Pacific Data Region, Aisera processes data solely in##data centers located in Singapore. Aisera has adopted reasonable physical, technical and##organizational safeguards which substantially mirror the EU safeguards against accidental,##unauthorized or unlawful destruction, loss, alteration, disclosure, access, use or processing##of the Users data in Aisera’s possession. Aisera will promptly notify the User in the event of##any known unauthorized access to, or use of, the User’s data.##Aisera’s contract with its hosting provider ensures that all hosting is performed in##accordance with the highest security regulations. Accordingly, Aisera adheres to practices##and policies that aim to safeguard the data.##3. Retention and deletion##Aisera will not retain data longer than is necessary to fulfill the purposes for which it was##collected or as required by applicable laws or regulations. For Requestors data, Aisera’s ##Users have control of the purpose for collecting data, and the duration for which the##Personal Data may be kept. For Requestor data, Users will have the responsibility to delete##data when required. When a Users’s account is terminated or expired, all Personal Data##collected through the platform will be deleted, as required by applicable law.##4. Acceptance of these Conditions##We assume that all Users of Aisera’s platform have carefully read this document and agree##to its contents. If someone does not agree with this privacy policy, they should refrain from##using our platform. We reserve the right to change our privacy policy as necessity dictates.##Continued use of the Aisera platform after having been informed of any such changes to##these conditions implies acceptance of the revised privacy policy. This privacy policy is an##integral part of Aisera’s terms of use.##5. Our Legal Obligation to Disclose Personal Information##We will reveal a user’s personal information without his/her prior permission only when##we have reason to believe that the disclosure of this information is required to establish the##identity of, to contact or to initiate legal proceedings against a person or persons who are##suspected of infringing rights or property belonging to Aisera or to others who could be##harmed by the user’s activities or of persons who could (deliberately or otherwise)##transgress upon these rights and property. We are permitted to disclose personal##information when we have good reason to believe that this is legally required.##6. Aisera’s Data Protection Officer##Aisera has a “Data Protection Officer” who is responsible for matters relating to privacy and##data protection. This Data Protection Officer can be reached at the following address:##Aisera, Inc.##Attn: Data Protection Officer##2479 E. Bayshore Rd, Suite 270##Palo Alto, CA 94303##dataprotectionofficer@aisera.com##7. For Further Information##If you have any further questions regarding the data Aisera collects, or how we use it, then##please feel free to contact us by email at: Admin@Aisera.com, or in writing at:##Aisera, Inc.##ATTN: Legal##2479 E. Bayshore Rd, Suite 270##Palo Alto, CA 94303
