Terms of Use
Version 1
These Terms of Use (“Terms”) are entered into between You and WSO2 LLC/ and or its
affiliates (“WSO2”) and contain the terms and conditions that govern Your use of the
Devant services (the “Service”). The terms of Devant Privacy Policy (
href="https://wso2.com/choreo/privacy-policy/">https://wso2.com/devant/privacy-policy/)
will be incorporated and a part of these Terms.
You represent to us that You are lawfully able to enter into contracts (e.g., you are not a
minor).
If You are an individual accepting these Terms on behalf of a company or other legal
entity, You represent that You are authorized to bind the entity to these Terms and in that case
“You” or “Your” will refer to the
entity bound to this Agreement.
“Your Users” means individuals (including non-human devices,
such as applications or services) who are authorized by You to use the Service, according to
Your subscription.
Your “Data” means all electronic data (in any format including
code, visuals, text) submitted by or on behalf of You or Your Users to the Service.
By using or accessing the Service, by clicking “I agree to the Terms” (or similar
button or checkbox), upon registering for the Service as evidenced by the purchase summary sent
to You by email for online purchases or by any document that references these Terms
(“order”), You indicate Your assent to be bound by these Terms. If You do not agree
to these Terms, do not use or access the Service.
1. Use of the Services
1.1 License.To use Devant, You must register for the Service and have a valid
account. You may access and use the Service only in accordance with these Terms, terms of any
third party service providers of the Service, any applicable subscription limits and all
applicable laws . Subject to the above, WSO2 grants You and Your Users a limited, non-exclusive,
royalty-free, non-transferable, and terminable license to access and use the Service solely for
Your operations. No rights with respect to the Service are granted to You other than those
specifically detailed in these Terms.
1.2 Updates and upgrades.
- Service updates and upgrades. WSO2 provides the Service to You and may upgrade the functionality and user interface of the Service from time to time in its sole discretion and in accordance with these Terms. These Terms shall also apply to any updates, upgrades, modules or features subsequently provided by WSO2 to You. You acknowledge that such upgrades may result in changes to the appearance and/or functionality of the Service.
- Integration runtime updates and upgrades. The latest integration runtime released by WSO2 will always be available to You. Using the latest version of the integration runtime is optional, and You have the ability to test any integration runtime that is currently being supported before using it in production. Upgrading existing integration services from older runtimes to newer runtimes is also optional.
1.3 Future functionality or features. You agree that Your purchases
hereunder are neither contingent on the delivery of any future functionality or features nor
dependent on any oral or written public comments made by us regarding future functionality or
features.
1.4 Customer support.
(a) Free plan.WSO2 provides free of charge support for subscriptions under a
free plan through the community support channel. You can access the community support channel
via the Get Help / Get community help menu in the Devant console. You understand and accept that
WSO2 provides support and services on a commercial best efforts basis for any free plan users.
Subscribers of commercial plans will be prioritized over users of free plans.
(b) Commercial plan. In order for WSO2 to process Your support request, You
need to: (a) identify Yourself (b) describe the nature of the support request; and (c) provide
contact information in the form of email for follow up communications. WSO2 will provide You
with support during Your subscription period, according to the Support Plan indicated in the
applicable order, and subject to the Support Policy set forth at
href="https://wso2.com/saas-support-policy/">https://wso2.com/saas-support-policy/.
(c) Exclusions. WSO2 has no obligation to provide support services for
problems in the operation or performance of the Service caused by non-WSO2 software or code
changes, or any hardware product. For free, trial, preview or beta versions, support is provided
on a best efforts basis by WSO2, and no response or resolution times are guaranteed.
2. Customer Responsibilities
(a) Users. You are responsible for all activities conducted under Your
Users’ logins to the Service.
(b) Registration. When You register for the Service, You must provide WSO2
with true, accurate, current and complete information. You are solely responsible for
maintaining the confidentiality of Your account(s) and password(s). You will promptly update
Your registration to keep it accurate, current and complete. You shall use commercially
reasonable efforts to prevent unauthorized access to or use of Service and You agree to
immediately notify WSO2 promptly of any unauthorized access or use.
(c) Data. You are responsible for the accuracy, quality, and legality of
Your Data and all Data uploaded by Your Users. As between WSO2 and You, You are the Controller
of Your Users' Data and must ensure compliance with all applicable data protection regulations,
including intellectual property and data protection laws. WSO2 acts as a processor or service
provider, following Your instructions.
(d) Customer applications.You are solely responsible for any applications
deployed or developed on top of the Service. You shall, upon request, grant access to and
provide WSO2 with information about such applications to the extent relevant and required to set
up, maintain and perform the Service.
(e) Restrictions.You shall not:
(i) modify, disassemble, decompile or reverse engineer the Service, or any part thereof;
(ii) copy, rent, sell, distribute, pledge, assign, or otherwise transfer, any rights to the
Service, or any part thereof, or sub-license or make it available to anyone other than its
authorized Users, nor create derivative works based on the Service, or any portion thereof. This
prohibition does not apply to Your User Data;
(iii) send or store in the Service any personal health data, credit card data, personal financial
data or other such sensitive data which may be, without limitation, subject to the Health
Insurance Portability and Accountability Act, Gramm-Leach-Bliley Act, or the Payment Card
Industry Data Security Standards;
(iv) send or store infringing or unlawful material in connection with the Service, upload or post
to the Service any copyrighted materials, trademarks or other proprietary information belonging
to any third party without the prior written consent of the applicable third party.;
(v) engage in, promote or encourage illegal, defamatory or fraudulent activity or activities
(vi) send or store malicious code or any code designed or intended to interrupt, interfere,
intercept, expropriate, destroy, alter or limit the operation or functionality of the Service or
any software, data, system, personal data, hardware or telecommunications equipment using or
connected to the Service;
(vii) attempt to gain unauthorized access to, or disrupt the integrity, disable, interfere with
or circumvent performance or functionality of the Service, other users or the data contained
therein;
(viii) take any action that imposes a load that exceeds indicated acceptable usage parameters on
WSO2 infrastructure;
(ix) access the Service for the purpose of building a competitive product or service or copying
its features or user interface; or
(x) delete, alter, add to or fail to reproduce in and on the Service the name of WSO2 and any
copyright or other notices appearing in or on the Service or which may be required by WSO2 at
any time.
(xi) allow a third party to access the Service. This restriction does not include Users.
(xii) perform security tests on the Service without WSO2’s approval.
(xiii) generate, distribute, publish or facilitate unsolicited mass email, promotions,
advertising or other solicitations
(xiv) violate any of the terms, policies, security best practices and guidelines of
infrastructure and cloud platform providers (including but not limited to
href="https://www.microsoft.com/licensing/terms/product/ForOnlineServices/MCA">https://www.microsoft.com/licensing/terms/product/ForOnlineServices/MCA,
href="https://aws.amazon.com/free/terms/#:~:text=You%20may%20not%20use%20AWS,all%20of%20the%20Service%20Offerings">https://aws.amazon.com/free/terms/#:~:text=You%20may%20not%20use%20AWS,all%20of%20the%20Service%20Offerings and
href="https://cloud.google.com/terms)">https://cloud.google.com/terms
(f)acceptable usage policy. Use of Devant is governed by the
applicable usage policy defined below:
|
|
Starter |
PAYG |
Enterprise |
|---|---|---|---|
|
Developer and Operational |
|||
|
Connect your Git repo (GitHub, Bitbucket, Gitlab) |
✓ |
✓ |
✓ |
|
Continuous integration (CI) with build pipelines |
100 builds per month |
500 builds per month |
Unlimited |
|
Continuous delivery (CD) |
100 deployments per month |
500 deployments per month |
Unlimited |
|
Deployments to cloud platforms |
Devant Cloud |
Devant Cloud, Azure, AWS, GCP, OpenShift, VMWare Tanzu, and any |
Devant Cloud, Azure, AWS, GCP, OpenShift, VMWare Tanzu, and any |
|
Deployment tracks |
2 |
5 |
Unlimited |
|
Auto scaling |
Automatically scales down to zero and can scale up to 1 pod |
Automatic or configurable scale down to zero and can scale up to 2 |
✓ |
|
Health checks |
✓ |
✓ |
✓ |
|
Infrastructure quota (for all resources) |
CPU - 5 RAM - 16GB Storage - 100GB Network - 100GB |
CPU - 25 RAM - 128GB Storage - 500GB Network - 500GB |
Unlimited |
|
Integration |
|||
|
Event handlers |
✓ |
✓ |
✓ |
|
Scheduled jobs |
✓ |
✓ |
✓ |
|
Webhooks |
✓ |
✓ |
✓ |
|
Services |
✓ |
✓ |
✓ |
|
AI-Assisted |
|||
|
API testing with natural language |
50 tests |
250 tests |
Unlimited |
|
Anomaly detection |
✓ |
✓ |
✓ |
|
API Management |
|||
|
API developer portal |
✓ |
✓ |
✓ |
|
API analytics and insights |
Data retention of up to 7 days |
✓ |
✓ |
|
Monitoring and Observability |
|||
|
Monitoring dashboard |
✓ |
✓ |
✓ |
|
Logs |
50MB per day and logs are retained up to 7 days |
500MB per day and logs are retained up to 30 days. |
Unlimited |
|
Traces |
Data retention of up to 7 days |
Data retention of up to 30 days |
✓ |
|
Alerting |
25 configurable alerts |
100 configurable alerts |
Unlimited |
|
Third-party extensions |
- |
Only when using a private data plane |
✓ |
|
Security |
|||
|
SSO for API developer portal |
✓ |
✓ |
✓ |
|
Enterprise login |
- |
✓ |
✓ |
|
Container manifest scanning |
✓ |
✓ |
✓ |
|
Container static scanning |
✓ |
✓ |
✓ |
|
Run-time container security |
✓ |
✓ |
✓ |
|
Role-based access control |
✓ |
✓ |
✓ |
|
Third party identity provider (IdP) |
- |
✓ |
✓ |
|
Secrets and config management |
100 secrets/configs (up to 1GB in storage) |
1,000 secrets/configs (up to 5GB in storage) |
Unlimited |
|
Audit logs |
30 day retention |
1 year retention |
Unlimited |
|
Platform Services |
|||
|
MySQL |
Minimum size instance for a 7-day period |
Select a plan that suits you |
Select a plan that suits you |
|
PostgreSQL |
Minimum size instance for a 7-day period |
Select a plan that suits you |
Select a plan that suits you |
|
Redis |
Minimum size instance for a 7-day period |
Select a plan that suits you |
Select a plan that suits you |
|
Scale to zero |
✓ |
✓ |
✓ |
|
Utility Services |
|||
|
Custom domain mapping |
- |
✓ |
✓ |
|
Creating new user roles |
Only default roles allowed |
✓ |
✓ |
|
Number of environments |
1 |
2 |
Unlimited |
(i) The MySQL, PostgreSQL, and Redis Platform Services are optional services made available to You as an add-on to your Devant subscription.
3. Fees and Payment
- Free subscriptions. WSO2 may provide You with this tier free of
charge. If you wish to use more features or higher capabilities, WSO2 also provides paid
subscriptions for the Service. Pricing and payment plans for the Service are available
at https://wso2.com/devant/pricing. - Commercial subscriptions. When You sign up for a paid subscription,
your order will specify the applicable usage tier, support level and the fees, which will be
payable at the frequency set out in your order on the dates specified in the invoice. Your
subscription period commences as soon as You subscribe for a paying tier. - Upgrade. Upgrade of a subscription plan will be made effective
immediately but cancellations and downgrades will be made effective from the next billing
cycle; accordingly no refunds will be offered. - Payment terms. If You have subscribed for a paid tier:
(i) Online payment. Fees shall be deducted immediately from the credit card
registered for the payment on the due date. WSO2 does not store any credit card details. In the
event the payment does not go through, You will be informed of this and if the issue is not
resolved within fifteen (15) days from the initial failure of payment, the Services will be
suspended.
(ii) Purchase through orders. You will pay the fees for the Services as
specified in the applicable order or invoice. Unless specified otherwise in the Order, You will
make all payments within thirty (30) days of receipt of an invoice, failure of which will result
in suspension of the Services. You will be issued with receipts for payments made.Late
payments. WSO2 may suspend or cancel performance of all or part of the
subscription or Services and may change its payment terms (after notifying You) if actual
payment is not received within 60 calendar days of Your receipt of WSO2’s invoice.
Payments past due 60 calendar days will incur interest at the rate of 1.5% per month or the
highest rate permitted by law, whichever is less. You will also pay all costs incurred by WSO2
to collect undisputed amounts due, including legal fees, whether or not litigation is commenced.
- Taxes. All fees are exclusive of any applicable Taxes. You will pay to
WSO2 an amount equal to any Taxes arising from or relating to these Terms, including without
limitation, sales, service, use or value added taxes, which are paid by or are payable by
WSO2. "Taxes" means any form of taxation, levy, duty, customs fee, charge, contribution or
impost of whatever nature and by whatever authority imposed (including without limitation
any fine, penalty, surcharge or interest), excluding, however, any taxes based solely on the
net income of WSO2. If you are required under any applicable law or regulation, domestic or
foreign, to withhold or deduct any portion of the payments due to WSO2, then the sum payable
to WSO2 will be increased by the amount necessary so that WSO2 receives an amount equal to
the sum it would have received had you made no withholdings or deductions. - Price revisions. WSO2 reserves the right to change list prices and
pricing plans in line with periodic scheduled price revisions. If WSO2 is of the view that
such a change may adversely affect the plan you have subscribed to, you will receive thirty
(30) days prior notice by e-mail of the proposed change. - Purchase Orders. Any pre-printed terms on any purchase order that is
issued by You that are in addition to or in conflict with these terms are null and void.
4. Intellectual Property Rights
4.1 Compliance. As between WSO2 and You, You own Your Data and You agree to
comply with all applicable intellectual property laws and regulations. We will respond to
notices of alleged copyright infringement that comply with the law, and have been reported in
accordance with our
href="https://wso2.com/digital-millennium-copyright-act-dmca-policy/">DMCA policy. We
reserve the right to delete or disable content alleged to be infringing and to terminate
accounts of repeat infringers.
4.2 License.Other than the rights You give us in this Section, we obtain no
rights under these Terms from You (or your licensors) to Your Data, including the underlying
code you write. You grant us a license to: (a) use, copy, distribute and prepare derivative work
from Your Data solely to perform the Services and provide support, maintenance and carry out
analytics and improvements to the Service; and (b) use, copy and disclose Your Data that is
publicly accessible or externally facing the internet, excluding any personal data, to
technologies and applications including but not limited to those utilizing artificial
intelligent or other automated processes, for the purposes of maintaining and monitoring the
security of the Services and the integrity of Your Data. However, where we have legal
obligations or are subject to investigation, we may have to share Your Data with regulatory or
investigatory authorities according to applicable laws. Wherever possible, we will attempt to
notify You of such events. When You connect the Services with other WSO2 products, Your Data
will be transferred to the Service and shall be subject to these Terms, and any other
documentation, guidelines, or policies we may make available to you from time to time.
4.3 Feedback. WSO2 shall own all intellectual property rights in any
feedback or suggestions provided by You (“Feedback”) WSO2 may use aggregate and
analytics data derived from Your use of the Service in order to improve our offering. Such usage
data is anonymised and does not include any personally identifiable information.
- Termination of Services
5.1 Auto Renew. If You are using a paid subscription, Your subscription
shall be automatically renewed for another twelve month term unless You have notified WSO2
thirty (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. The Fee will be
payable as per section 3.d. above.
5.2 Inactive accounts. If You are using the free version of our Service, we
reserve the right to terminate Your account if You are inactive for a period of two (2) months
or longer.
5.3 Termination for cause. WSO2 further reserves the right to terminate the
Services and Your account in the event of a:
- breach of, or non compliance with any one of these Terms and failure to remedy such breach
within 30 days of notification of the breach; - 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.
5.4 Immediate termination. WSO2 reserves the right to terminate the Service
and Your Account immediately in the event Your use of the Service results in any security threat
to the Service or to other users of the Service or violates any terms of this Agreement which by
its nature is not curable or requires immediate action. WSO2 also reserves the right to
terminate or suspend the Service and Your account if Your usage of Services is deemed to
overload WSO2 infrastructure and/or interfere with consumption of Services by any other user.
5.5 Discontinuation by You. You may discontinue Your use of the Service at
any time. Termination will not relieve You from the obligation to pay fees already owed to WSO2.
5.6 Availability of Data after termination. 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.
5.7 Modification of Services by WSO2. WSO2 reserves the right to modify and
temporarily or permanently discontinue the Service (or any part thereof) at any time. You agree
that WSO2 shall not be liable to You or to any third party for any modification, suspension,
termination or discontinuance of the Service, except as provided in Section 5.7.
5.8 Cease to operate the Service. In the event WSO2 ceases to operate the
Services completely, pre-paid subscription fees, if any, for the remaining months where You no
longer have access to the Service will be refunded to You.
5.9 Survival. Those provisions intended by their nature to survive
termination of this Agreement survive termination. Section 14 will survive termination of this
Agreement for 3 years.
6. 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 ( including Your Users’) use of the Service from all claims,
liabilities, costs and expenses including litigation costs and attorneys fees.
7. Disclaimer of Warranties
You expressly acknowledge and agree that
7.1 Your use of the Service is at Your sole risk and 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 Services, products, software
or other material available through the WSO2 sites;
7.2 that WSO2 does not warrant that the Services will meet Your
requirements, will be uninterrupted, timely, secure or error free or reliable;
7.3 any advice or information You have obtained from WSO2, whether written
or oral, shall not create any warranty unless expressly stated in the Terms.
8. 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 use of ( or inability to use) the
Service in whole or part, 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.WSO2’s liability to You for the free tier is limited to $10 and WSO2’s
liability under the paid tiers shall be limited to the amount of fees paid by You during the
period of a material breach up to a maximum of one year. 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 agents will be
limited to the greatest extent permitted by law.
9. Third party Services
The Service may allow you to integrate with third party software, which You should undertake at
Your own risk. WSO2 does not control or endorse any such third party software or services and is
not liable for your usage of, or integration to such third party offerings. All such third party
software or services are separately governed by the terms of those respective sites. You are
solely responsible for ensuring that You comply with any terms of service or other agreements
applicable to the third party offering and that it is fit for your purpose. WSO2 makes no
warranties or representations, express or implied, with respect to such third party software or
services.
10. Use of artificial intelligence.
If You leverage an AI powered feature in the Service, Your use of the Service shall be governed
by
href="https://wso2.com/licenses/wso2-ai-services-terms-of-use/">https://wso2.com/licenses/wso2-ai-services-terms-of-use/.
11. 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 such creditor’s favour at the time of executing the release, which if known by the
creditor must have materially affected such creditor’s settlement with the debtor.
12. Arbitration
Any dispute arising out of or relating to these Terms 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 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 Santa Clara, 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. 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 Santa Clara, 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.
13. Publicity
In the event You are using the Services as part of the WSO2 for Startups program or any other
program where WSO2 provides credits to You, WSO2 may reference You as a user of the Service and
display Your logo for marketing purposes subject to Your logo usage guidelines. You will
participate in a success story/case study related to WSO2. We may in consultation with You,
issue a media release concerning Your engagement as a customer of WSO2.
14. Confidentiality.
14.1 “ Confidential Information” means any information, Data,
artifacts, system, or process disclosed by a party or a party’s Affiliate that is:
- designated as confidential (or a similar designation) at the time of disclosure; or
- disclosed in circumstances of confidence; or
- understood by the parties, exercising reasonable business judgment, to be confidential
14.2 Exclusions. Confidential Information does not include information
that:
- was lawfully known or received by the receiving party prior to disclosure; or
- is or becomes part of the public domain other than as a result of a breach of this Terms; or
- was disclosed to the receiving party by a third party, provided such third party, or any
other party from whom such third party receives such information, is not in breach of any
confidentiality obligation in respect to such information; or - is independently developed by the receiving party, as evidenced by independent written
materials.
14.3 Nondisclosure. Each party shall treat as confidential all Confidential
Information of the other party, shall not use Confidential Information except as set forth in
these Terms, and shall use best efforts not to disclose Confidential Information to any third
party except service providers of the receiving party for the purposes of provision of the
Services or such other purposes as specified in these Terms. A party may disclose such
information to its directors, officers, and employees, provided they are made aware of the
party’s obligation under these Terms and are bound by the same degree of confidentiality.
Without limiting the foregoing, each of the parties shall use at least the same degree of care
that it uses to prevent the disclosure of its Confidential Information of like importance to
prevent the disclosure of Confidential Information disclosed to it by the other party under
these Terms. Each party shall promptly notify the other party of any actual or suspected misuse
or unauthorized disclosure of the other party’s Confidential Information. Notwithstanding
the foregoing, either Party may disclose these Terms pursuant to the due diligence requests of a
proposed merger, acquisition, financing, or securities transaction so long as such parties
receiving such Confidential Information are subject to confidentiality obligations no less
stringent than the Terms.
14.4 Return of Confidential Information. Upon expiration or termination of
these Terms, upon written request, each party shall return or destroy all Confidential
Information received from the other party excluding information that is required to be kept by
either party to satisfy other legal obligations or reporting requirements. Either party may
retain Confidential Information or a copy to comply with other legal and reporting obligations
and such retained information will be subject to above obligations.
14.5 Remedies. Any breach of the restrictions contained in this section is
a breach of these Terms that may cause irreparable harm to the non-breaching party. Any such
breach shall entitle the non-breaching party to injunctive relief in addition to all other legal
remedies.
15. Miscellaneous
13.1 Revision of Terms. WSO2 may modify these terms from time to time in
its sole discretion.By continuing to use the Services after these Terms have been modified, You
indicate Your agreement to the revised Terms. If You do not agree to the modifications, You
should stop using the Services.
13.2 Governing law, WSO2 Contracting Entity, and Venue. The WSO2 entity
entering into this Agreement, the law that will apply in any dispute arising out of this
Agreement, and the venue for any dispute depends on where You are domiciled.
|
If You are domiciled in: |
The WSO2 entity entering into this Agreement is: |
Governing law is: |
Method of dispute resolution is: |
|---|---|---|---|
|
USA, Canada, any country not listed below |
WSO2 LLC, a Limited Liability Company in Delaware |
California, without giving effect to the principles of conflict of laws |
Arbitration in Santa Clara, California in accordance with the rules of the |
|
United Kingdom, Europe (except for Germany), Mongolia, Azerbaijan |
WSO2 UK Limited, a company incorporated under the laws of England |
English |
Arbitration in London, United Kingdom, in accordance with the rules of the |
|
Sri Lanka, Malaysia, Mauritius, Macau |
WSO2 LANKA (PRIVATE) LIMITED, a company incorporated under the laws of Sri Lanka |
Sri Lanka |
Arbitration in Colombo, Sri Lanka in accordance with the rules of the Arbitration |
|
South America, Belize, Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, |
WSO2 BRASIL TECNOLOGIA E SOFTWARE EIRELI, a company incorporated in Brazil |
Brazil |
Arbitration in Sao Paulo, Brazil in accordance with the rules of the |
|
Australia or New Zealand |
WSO2 Australia Pty Limited, ABN 90 623 311 348 |
New South Wales, Australia without giving effect to the principles of conflict of |
Each party submits to the exclusive jurisdiction of the courts of New South |
|
Germany |
WSO2 Germany GmbH |
The laws of Germany with the exception of United Nations Convention on the |
Arbitration in Germany in accordance with the rules of the International Chamber |
|
United Arab Emirates (including but not limited to any of its free zones) |
WSO2 Middle East FZ-LLC |
The governing law of the Agreement shall be the substantive law of Dubai |
Any dispute arising out of or in connection with this contract, including any |
|
India |
WSO2 India Private Limited, a company incorporated under the laws of India |
India |
By arbitration administered by the Singapore International Arbitration Centre The seat of the arbitration shall be Mumbai. The arbitral tribunal The |
13.3 Notices. 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 Service or delivering them to You through email. You may update
Your email address by visiting the Account page 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.
13.4 Entire agreement. 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 Service, superseding any prior agreements that You may have
had with WSO2.
13.5 Compliance. Both parties agree to comply with all applicable laws and
regulations including, without limitation, the U.S. Foreign Corrupt Practices Act of 1977, as
amended, the U.S. Travel Act, the U.S. Domestic Bribery Statute (18 U.S.C. § 201), the
Export Administration Regulations, regulations governing U.S. economic sanctions programs, and
all other applicable laws and regulations that govern corruption, bribery, export control, and
economic sanctions. You shall not, directly or indirectly through third parties, offer, promise,
authorize, pay, provide, accept, or solicit any bribe, kickback or improper payment, gratuity,
favor, or benefit to or from any person to obtain, retain, or direct any business or for any
other improper purpose. You also agree that You shall not export, reexport, or transfer any WSO2
products and services in violation of applicable export control and economic sanctions laws,
including to countries or territories subject to a U.S. Government embargo or to persons
designated on a U.S. government prohibited party list.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 comply with this section.
13.6 Waiver. 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. Any attempted assignment in violation of the foregoing will be void. WSO2 may assign
its rights and delegate its duties under this Agreement without Your written consent in
connection with a reorganization, reincorporation, merger, or sale of all, or substantially all
of the shares or assets of WSO2 or the business of WSO2 to which this Agreement relates.
13.7 Relationship. These Terms do not create any joint venture,
partnership, agency, or employment relationship between the parties.
13.8 Invalid Terms. 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.
Effective as of March 18th, 2025.