Legal Notices Terms of Use.

1. Acceptance

These Terms of Use (“Terms”) are the agreement between Anonomatic, Inc. (“Anonomatic”) and the organization that purchases the Anonomatic Service, directly or through an authorized reseller (“Customer”). The Anonomatic Service is the software and services Customer purchases, defined in section 2. When Customer activates the Anonomatic Service, the person activating it clicks to accept these Terms on Customer’s behalf and confirms that they have authority to bind Customer. If Customer and Anonomatic have signed a separate agreement for the Anonomatic Service, that agreement controls instead of these Terms.

2. Definitions

“Anonomatic Service” means the Anonomatic software and related services that Customer has purchased, including PII Vault, PolyAnonymization, Privacy ETL, Privacy SQL, Protection Methods, Automation and related updates, as described in the Order Form and the Documentation. “Order Form” means the quote, order or purchase record, from Anonomatic or an authorized reseller, that states what Customer purchased, the quantities, the Subscription Term and the fees. “Subscription Term” means the period stated in the Order Form. “Documentation” means Anonomatic’s current user and technical documentation for the Anonomatic Service. “Customer Data” means the data Customer processes with the Anonomatic Service.

3. License

Subject to these Terms and payment of the fees, Anonomatic grants Customer a limited, non-exclusive, non-transferable right during the Subscription Term to install and use the Anonomatic Service in Customer’s own environment, up to the quantities in the Order Form, for Customer’s internal business purposes. Anonomatic reserves all rights not expressly granted.

4. Third-party Solutions

When an organization is using Anonomatic Service through their use of another service, provided by a third-party which has included Anonomatic Services as part of their service, then the organization accepts that no direct relationship exists between themselves and Anonomatic. Terms of Use and other restrictions and obligations are governed by organization’s agreement with third-party.

5. Restrictions

Customer will not: (a) copy, modify, or create derivative works of the Anonomatic Service; (b) reverse engineer, decompile or try to discover its source code or methods, except where the law does not allow this restriction; (c) sell, resell, rent, lease, sublicense or provide the Anonomatic Service to third parties, or use it to provide a service to them, except as the Order Form allows; (d) bypass or disable license controls or security features; (e) use the Anonomatic Service in violation of law; or (f) permit anyone else to do any of these things.

6. Customer’s environment and data

The Anonomatic Service runs in Customer’s environment. Anonomatic does not receive or see Customer Data, and Customer keeps all rights in it. Because of this, Customer is responsible for its environment, for the security of its accounts, credentials and protection keys, and for backing up its data and keys. Customer is responsible for having the rights and legal basis to process Customer Data and for its own compliance with the laws that apply to it. Anonomatic’s Data Processing Addendum, which Customer accepts together with these Terms, covers the limited personal data that Anonomatic does process, such as the contact and activation details of Customer’s users.

7. Fees and payment

Customer will pay the fees in the Order Form. If Customer purchased through an authorized reseller, Customer pays the reseller under its agreement with the reseller, and the rest of these Terms still apply between Customer and Anonomatic. Full payment of each invoice issued by Anonomatic is due within thirty (30) days after the invoice date. Late amounts bear interest at 1.0% per month, or the maximum permitted by law if lower. Fees are non-cancelable and non-refundable, including after early termination. Fees exclude taxes, which Customer will pay, other than taxes on Anonomatic’s income.

8. Term, suspension and termination

These Terms start when Customer accepts them and continue for the Subscription Term. Either party may terminate these Terms if the other materially breaches them and does not fix the breach within thirty (30) days after written notice. Anonomatic may terminate these Terms or suspend the Anonomatic Service immediately on written notice if Customer breaches section 4 (restrictions) or section 8 (intellectual property), or if Customer does not pay an overdue invoice within ten (10) days after written notice. Anonomatic may also suspend the Anonomatic Service if Customer’s use puts the Anonomatic Service or others at risk. When these Terms end, Customer’s license ends and Customer will stop using and delete the Anonomatic Service software. Sections 4, 6 (for amounts owed), 8, 9, 10, 11, 12 and 13 continue after termination.

9. Intellectual property and feedback

Anonomatic keeps all right, title and interest in the Anonomatic Service, including all updates and improvements and all patents, copyrights, trademarks and other intellectual property in it. The technology in the Anonomatic Service, including PolyAnonymization and Data Sundering, is covered by one or more patents. Anonomatic, PII Vault, PolyAnonymization and PII-as-a-Service are trademarks or registered trademarks of Anonomatic, Inc. If Customer gives Anonomatic feedback or suggestions, Customer grants Anonomatic a non-exclusive, irrevocable, transferable, sublicensable, royalty-free license to use them without restriction.

10. Confidentiality

Each party will protect the other’s non-public information that is marked confidential or that a reasonable person would understand to be confidential, including the Documentation and pricing. It will use it only to perform or use the Anonomatic Service under these Terms, will share it only with those who need to know and are bound to protect it, and may disclose it where the law requires, after notice where permitted. These obligations do not apply to information that is public through no fault of the receiving party, was already known to it, or was independently developed.

11. Disclaimer of warranties

Except as stated in the Order Form, the Anonomatic Service is provided “as is”. To the fullest extent permitted by law, Anonomatic disclaims all other warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. Anonomatic does not warrant that the Anonomatic Service will be uninterrupted or error-free, or that it will by itself make Customer compliant with any law. Customer is responsible for deciding whether the Anonomatic Service meets its legal and business needs.

12. Limitation of liability

To the fullest extent permitted by law, neither party is liable to the other for any indirect, incidental, special, consequential or exemplary damages, or for lost profits, revenue or data, even if advised of the possibility. Each party’s total liability arising out of these Terms is limited to the fees received by Anonomatic for the Anonomatic Service in the twelve (12) months before the event that gave rise to the liability. These limits do not apply to Customer’s obligation to pay fees, to a breach of the license restrictions in section 4, or to liability that the law does not allow to be limited.

13. Governing law and disputes

These Terms are governed by the laws of the State of California, without regard to its conflict of laws rules. The parties agree to the exclusive jurisdiction of the state and federal courts located in California for any dispute arising out of these Terms.

14. General

Order of precedence: a signed agreement between the parties, then the Order Form, then the Data Processing Addendum for the processing of personal data, then these Terms. Neither party may assign these Terms without the other’s written consent, except to a successor in a merger or sale of substantially all of its business. Notices to Customer may be sent by email to the administrator on the account, and notices to Anonomatic by email to sales@anonomatic.com. Neither party is liable for delays caused by events beyond its reasonable control. If a provision is unenforceable, the rest stays in effect. These Terms and the documents listed above are the entire agreement about the Anonomatic Service. Anonomatic may update these Terms for future Subscription Terms by posting the new version, and the update applies when Customer renews or activates a new Order Form. If Customer is a United States government entity, these Terms apply to the extent permitted by federal law, and any provision that federal law does not allow does not apply.

15. Contact

Contact Anonomatic, Inc. by email at sales@anonomatic.com.

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