WSO2 Cloud Services - Terms of Use

A. Use of WSO2 Site and Services

The terms and conditions setforth below (Terms) govern your use of this site (Site) of WSO2 and the services available on this Site (Services) and are legally binding on you. If you do not agree with any of these Terms , then you may not access the Site or use the Services on the Site. Your registration for, or use of this Site and /or the Services on the Site shall be deemed to be your acceptance of these Terms . If you are agreeing to these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms. You agree that WSO2 may make changes to these Terms at any time without prior notice. WSO2 will notify you of changes by posting updated versions on the Site. Your continued use of the Site and/or the Services shall be deemed to be your consent to such changes in the Terms. In addition, WSO2 may make changes to the Services at anytime.


B. General User Conditions / Restrictions

The Site features information, documents, trademarks, service marks and logos that are the property of WSO2 and/or its subsidiaries, affiliates and partners. The Site may also include information, documents trademarks, service marks and logos of third parties. All of these trademarks, service marks and logos are the property of the respective owners and you agree not to use them in any manner without the prior written permission of the relevant owner.

You will not take any action to circumvent the access control provisions of the Site and the Services. Such prohibited conduct includes, without limitation, any efforts to a) log into an account with a password not assigned to you, b) access identifiable information not intended for you, c) test the security measures on the Site and/or attempt to identify system vulnerabilities, d) attempt to disable the Site and/or the Services, or e) interfere with the access and use of the Site and/or the Services by any other user. Your continued use of the Site and the Services is conditional upon your compliance with the preceding restrictions and obligations.

Without limiting the generality of the foregoing, you agree not to use the Site and the Services

  1. to abuse, harass, stalk, threaten, impersonate or intimidate the users of the Site and the Services;
  2. to post or transmit or cause to be posted or transmitted any text, user comments, messages, information, data, graphics, news articles, photographs, images, illustrations, software, video clips etc., that is false, infringing, discriminatory, hateful, abusive, libelous, defamatory, obscene, pornographic, vulgar, sexually oriented, threatening, offensive or is otherwise objectionable or violates any law or right of any third party;From 95.0% to 99.0%: 30% of Monthly Charges
  3. for any illegal or unauthorized purpose and if you are an international user, you agree to comply with any local laws regarding online conduct;
  4. to use the Site and/or the Services to violate any applicable law or regulation, including without limitation, the infringement of any copyright, trademark, trade secret or other intellectual property of others, or violate the privacy or publicity rights of any other person;
  5. to make any changes, additions and/or deletions to third party content posted by any user without the express written authorization of such user;
  6. to use any robot, spider, scraper or other automated means to access the Site for any purpose without the express written permission of WSO2;
  7. to take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large burden on WSO2 infrastructure;
  8. to interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site;
  9. to bypass any measures WSO2 may use to prevent or restrict access to the Site;
  10. collect information about other users of the Site and the Services for any purpose other than use of the Site and/or the Services as expressly permitted by these Terms of Use;
  11. to advertise to, or solicit, any user to buy or sell any products or services and to use the information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without such user’s prior written consent;
  12. attempt to impersonate another user.

The above list is not intended to be exhaustive.

WSO2 , may, at its sole discretion, if it determines that any software and content posted by you or any third party is disruptive to the Site or Services or is inappropriate , remove such content and terminate the relationship with you, where such content has been posted by you. This does not however, impose on WSO2 any obligation to monitor or remove any third party content or other communication posted by you or any other user. You hereby acknowledge and agree that all third party content submitted by you or any other user express the views of the author and WSO2 will not be liable or held responsible for such content. Your access to the Site and Services is at your risk and WSO2 is not responsible for any offensive or otherwise objectionable materials that may be posted by a third party on the Site.

You will be solely responsible for your interactions with other users of the Site. WSO2 reserves the right, without any obligation to do so, to monitor disputes between you and other users.

Any penetration testing you may conduct is also subject to the WSO2 Cloud Penetration Testing Policy available at https://wso2.com/cloud/testing-policy/


C. Personal Content

WSO2 hereby grants to you a non exclusive, non-transferable right to use the Site and Services for the term for which you have paid the applicable fees (Term) for your own purposes, subject to the terms of these Terms.You are responsible for all materials, whether publicly posted or privately transmitted, that you upload, any variations made to such material. You have the sole responsibility for the accuracy, quality, integrity, legality and reliability for the Personal Content. WSO2 will not, without your consent, disclose any of the Personal Content to any third party, except to those bona fide individuals whose access is necessary to enable WSO2 to perform its obligations under these Terms. Personal Content includes any additions and variations you may make thereto during the Term. On agreeing to these Terms, you warrant that you own or have sufficient legal rights to the intellectual property rights in the Personal Content , including its use by WSO2 does not violate any applicable law or the rights of any third party. You hereby grant WSO2, its partners, associates and affiliates a worldwide, irrevocable royalty free, non-exclusive right during the Term to use, reproduce, distribute, transfer, transmit, create derivative works of and publish the Personal Content for the purposes of (i)displaying the Personal Content on the Site and related sites, (ii) processing the Personal Content in connection with the provision of the Service, (iii) distribution of the Personal Content either electronically or via other media to your users seeking downloads, (iv) storing or hosting the Personal Content in a remote database or on the Site for access by your users.


D. Intellectual Property rights and Privacy Policy

WSO2 and/or its licensors own all rights, title and interests including all intellectual property rights in and to the Site and Services , software, materials and content (excluding the Personal Content) and all feedback, derivatives, suggestions, recommendations and all other information provided by you or any other users of the Site and Services.

All information collected by WSO2 such as registration information is subject to the WSO2 Privacy Policy and all other applicable privacy laws. The WSO2 Privacy Policy may be viewed at https://wso2.com/cloud/services/privacy-policy/ and forms part and parcel of these Terms.

You agree that any personal information that you may provide may be transferred by WSO2 within its global operations and processed and WSO2 will do so consistent with WSO2 privacy policy.You acknowledge and agree that WSO2 may require certain of the Services to be provided by its partners and that your contact information may be provided to such partners in order for them to provide the Services, and such partners may contact you directly regarding other service offerings and you. You may opt not to receive such other service offerings.

WSO2’s agent for notice of copyright or other intellectual property infringement can be reached at

By Mail:

The Copyright Agent
WSO2 Inc
787 Castro Street,
Mountain View, CA 94041
USA

By Phone: +1 650 745 2169

By Fax: +1 408 689 4328


E. Other User restrictions

As a condition to using certain Services, WSO2 may require to set up a user name and password as set forth in the account registration procedure on the Site. You will provide WSO2 with true, accurate, current and complete information. You may not use anyone else’s password. You are solely responsible for maintaining the confidentiality of your account and password. You will promptly update your registration to keep it accurate, current and complete. You agree to immediately notify WSO2 of any unauthorized use of your password or accounts or any other breach of security. You also agree to sign out from your accounts at the end of each session. WSO2 will not be responsible for any loss or damage that may result if you fail to comply with these requirements.

Where you are provided with a administrator user ID and password for accessing the Services, you will be required to assign it to your administrator. You will be responsible through your administrator, for authorizing and terminating individual user ID’s and passwords and setting and modifying your and your users profiles and preferences for the Services and specifying the access rights of the individual users to the Services. The administrator may change the administrator’s or a user’s ID by contacting WSO2.

You will be responsible for all activity occurring under your accounts and will comply with all applicable local, state and foreign laws, treaties and regulations in connection with your use of the Services, including without limitation, laws and regulations governing data privacy, international communications and transmission of technical or personal data.

The software and technology relating to the Site and the Services are the property of WSO2, its partners and affiliates. You agree not to copy, modify, lend, lease, distribute, reverse engineer, sell, assign or otherwise transfer any right to the software or technology. You agree not to modify the software in any manner or form or to use modified versions of such software for any purpose including the unauthorized access to the Site.


F. Fees

You agree to pay the applicable fees for the Services on the terms stated on the Site together with applicable taxes (if any).


G. Termination of Services

The Services you have registered for shall be automatically renewed for another Term unless you have notified WSO2 30 days prior to the end of the Term of your intention to terminate. Fees at the time of automatic renewal will be at the rates current at the time of such renewal.

Notwithstanding the above, WSO2 reserves the right to terminate the Services and your account in the event of a

  1. breach of any of these Terms or non compliance with anyone of these Terms and failure to remedy such breach within 30 days of notification of such failure;
  2. failure to pay any applicable fees when due.

Upon termination of the Services due to a breach or default on your part, WSO2 will have no obligation to refund to you any fees paid by you. Notwithstanding the above, in the event your access is terminated for whatever reason, WSO2 will make available a file with your data within 30 days of termination if you so request at the time of termination. In the event WSO2 ceases to operate the Services, pre-paid subscription fees, if any, for the remaining months where you no longer have access to the Services will be refunded to you.

You may discontinue your use of the Services at any time. WSO2 reserves the right to terminate any account or Services at any time in its sole discretion, including a period of account inactivity. Termination will not relieve you from the obligation to pay fees unpaid.


H. Indemnification

You agree to defend, indemnify and hold harmless WSO2, its subsidiaries, affiliates, partners, officers, agents, suppliers and employees from and against any third party claim arising from or in connection with your use of the Site and/or the Services from all claims, liabilities, costs and expenses including litigation costs and attorneys fees.


I. Disclaimer of Warranties

You expressly acknowledge and agree that

  1. the Site and/or the Service may include certain errors and omissions;
  2. your use of the Site and/or the Services is at your sole risk and that you will be solely responsible for any damage to your computer system or loss of data including but not limited to the download of any material or patches, crashing of AMI etc., etc., ;
  3. the Services are provided on an AS IS and AS AVAILABLE basis, to the maximum extent permissible by law, WSO2 expressly disclaim all warranties and conditions of any kind, whether express or implied, including but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement with respect to the Site or any of the content, Services, products, software or other material available through the Site;
  4. that WSO2 does not warrant that the Services will meet your requirements, will be uninterrupted, timely, secure or error free or reliable;
  5. any advice or information you have obtained from WSO2, whether written or oral, shall not create any warranty unless expressly stated in the Terms.

J. Limitation of Liability

To the maximum extent permitted by applicable law, neither WSO2 nor its subsidiaries, affiliates, partners and agents will be liable for any indirect, incidental, special, exemplary, punitive or consequential damages in connection with or arising out of the Services or the Site, even if advised of the possibility of such damages, including but not limited to, damages for loss of profits, goodwill, use or loss of data or other intangible losses.To the maximum extent permitted by law, WSO2 its subsidiaries, affiliates, partners and agents will not be liable for any damages that exceed the total amounts paid by you to WSO2 for the Services during the twelve month period immediately preceding the event giving rise to such claim.Some jurisdictions do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such jurisdictions, WSO2’s liability and that of its subsidiaries, affiliates, partners, and and agents will be limited to the greatest extent permitted by law.


K. Release

If you have a dispute with one or more users, you hereby release WSO2, its subsidiaries, affiliates, partners, agents, officers and employees from claims, demands and damages (direct and consequential) of every kind and nature, known and unknown arising out of or in any way connected with such disputes. If you are a California resident or an entity incorporated in California, you waive the applicability of California Civil Code Section 1542 which says A general release does not extend to claims which the creditor does not know or suspect to exist in his favour at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.


L. Arbitration

Any dispute arising out of or relating these Terms or the Site will be finally settled by arbitration, except that WSO2 may bring an action in a court of competent jurisdiction with respect to any dispute affecting WSO2’s intellectual property rights whether statutory or contractual. The arbitration will be conducted in accordance with the commercial arbitration rules of the American Arbitration Association (Rules). Any such controversy or claim of will be arbitrated on an individual basis and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in San Jose, California United States, and the judgment on the arbitration award may be entered in any court having jurisdiction thereof. All arbitration proceedings will be conducted in English by a single arbitrator selected under the Rules who must be a lawyer and fluent in English. The arbitrator has no authority to award damages in excess of those permitted in these Terms for any reason. Any award in excess of such limitation will be deemed void as between the parties. Either you or WSO2 may seek any interim or preliminary relief from a court of competent jurisdiction in San Jose, California, necessary to protect the rights or the property of you or WSO2, its subsidiaries, affiliates, partners, officers, and agents, pending the completion of arbitration.


M. Miscellaneous

  1. These Terms will be construed in accordance with the laws of the State of California, excluding its conflicts of law principles and the federal laws of the United States.
  2. WSO2 may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon WSO2’s posting them on the Site or delivering them to you through e-mail. You may update your e-mail address by visiting the Services where you have provided contact information. If you do not provide WSO2 with accurate information, WSO2 cannot be held liable if WSO2 fails to notify you.
  3. These Terms and all terms, conditions and policies that are incorporated into these Terms by reference constitute the entire agreement between you and WSO2 and govern your use of the Site and Services, superceding any prior agreements that you may have had with WSO2.
  4. You may not use, import or export materials on the Site in violation of United States or any other applicable country’s import and export laws and regulations. WSO2 assumes no liability or responsibility for your failure to obtain any necessary export approvals.
  5. WSO2’s failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. These Terms and your right to use the Services may not be assigned by you without the prior written approval of WSO2.
  6. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, the invalid or unenforceable provision will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the intent of the original provision. Where a court is unable to construe any unenforceable or invalid provision to make it binding, such provision will be deleted and all other terms which remain valid and enforceable will survive and remain in full force and effect.