Pursuant to Section 3 of the Master Agreement, agrees to the following terms and conditions.
“Beta Services” means GoodTime services that are not generally available to customers. “Malicious Code” means code, files, scripts, agents or programs intended to do harm, including, for example, viruses, worms, time bombs and Trojan horses. “Specifications” means the descriptions of the features and functions of the Services and any performance specifications therefore set forth in the applicable Documentation, and in the applicable Order Form(s). Upon Customer’s request, GoodTime will provide copies of all applicable Specifications set forth in the applicable Documentation.
2. USE OF SERVICES
2.1. Subscriptions. Unless otherwise provided in the applicable Order Form, (a) Services are purchased as subscriptions, (b) subscriptions are set based on the number of employees and contractors employed by Customer. In the event the number of employees increases so at to qualify for a different tier charge, or GoodTime discovers that Customer’s representation underreports the number of employees, GoodTime will inform Customer and Customer hereby authorizes GoodTime to correct the Fees unless Customer can document why the increased tier should not apply. Any added subscription tier will terminate on the same date as the original subscriptions.
2.2. Customer Responsibilities. Customer agrees that it will (a) be responsible for Users’ compliance with this Use Policy; (b) be responsible for the accuracy, quality and legality of Customer Data and the means by which Customer acquired Customer Data, (c) use reasonable efforts to prevent unauthorized access to or use of Services, and utilize best efforts to notify GoodTime promptly of any such unauthorized access or use through Customer’s account network or personnel, (d) use Services only in accordance with the Agreement, including, without limitation, this GoodTime Use Policy and applicable laws and government regulations, and (e) comply with terms of service of Non-GoodTime Applications with which Customer uses Services.
2.3. Usage Restrictions. Customer will not (a) make any Service available to, or use any Service for the benefit of, anyone other than Customer, its affiliates and Users, (b) sell, resell, license, sublicense, distribute, rent or lease any, or include any Service in a service bureau or outsourcing offering, (c) use a Service to store or transmit infringing, defamatory, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy, intellectual property or proprietary rights, (d) use a Service to store or transmit Malicious Code, (e) interfere with or disrupt the integrity or performance of any Service or third-party data contained therein, (f) attempt to gain unauthorized access to any Service or its related systems or networks, (g) engage in phishing or posting illegal content including, without limitation, child pornography or make fraudulent representations, (h) copy a Service or any part, feature, function or user interface thereof, (i) frame or mirror any part of any Service, other than framing on Customer’s own intranets or otherwise for Customer’s own internal business purposes or as permitted in the Documentation, (j) access any Service in order to build a competitive product or service, (k) reverse engineer any Service (to the extent such restriction is permitted by law), (l) utilize the Service to violate any statute, rule, regulation, code or ordinance.
2.5. Prohibited Uses and Content. Customers may not use the SaaS Services to display, link to, store, process or transmit, or permit Users to display, post, transmit or link to: a. Material that infringes or misappropriates a third party’s intellectual property or proprietary rights; b. Material that violates a third-party’s privacy rights; c. Material that violates applicable law; d. Excessively profane material; e. Hate-related or violent material; f. Material advocating racial or ethnic intolerance; g. Material intended to advocate or advance computer hacking or cracking; h. Illegal software; i. Malicious code, such as viruses, worms, time bombs, Trojan horses and other harmful or malicious code, files, scripts, agents or programs; or j. Other material that violates or encourages conduct that would violate any criminal laws, any other applicable laws, or any third-party rights. k. Conduct or forward pyramid schemes and the like; l. Engage in phishing; m. Transmit material that may be harmful to minors; n. Impersonate another person (via the use of an email address or otherwise) or otherwise misrepresent themselves or the source of any email;
2.6. Account User Limitations. Each Customer User shall be assigned to an account “(“Account Information”) in connection with their use of the SaaS Services. Company agrees that its Users may not transfer or share their Account Information.
2.7 Removal of Non-GoodTime Applications or unlawful content. Customer agrees that, If GoodTime is required by law to remove content, or receives information that content posted or displayed by Customer may violate applicable law or third-party rights, GoodTime may so notify Customer and in such event Customer will promptly remove such content from Customer’s systems, but GoodTime reserves the right to remove the content, block access to it, or terminate the Services immediately upon notice. If GoodTime receives information that non-GoodTime Application hosted on a Service by Customer violates this GoodTime Use Policy or applicable law or third-party rights, GoodTime may so notify Customer and in such event Customer will promptly disable such Non-GoodTime Application or modify the Non-GoodTime Application to resolve the potential violation. If Customer does not take required action in accordance with the above, GoodTime may disable and/or remove the content, Service and/or Non-GoodTime Application until the potential violation is resolved.
3. NON-GOODTIME PROVIDERS
3.1. Acquisition of Non-GoodTime Products and Services. GoodTime or third parties may use the SaaS Services to link to or interoperate third-party products or services, including, for example, but not limited to, Non-GoodTime Applications. Any acquisition by Customer of such Non-GoodTime products or services, and any exchange of data between Customer and any Non-GoodTime provider, is solely between Customer and the applicable Non-GoodTime provider. Customer acknowledges that access to Non-GoodTime Applications or other products or services is dependent on Customer’s acquisition of such Non-GoodTime Applications, products or services. GoodTime does not warrant or support Non-GoodTime Applications or other Non-GoodTime products or services, whether or not they are designated by GoodTime as “certified” or otherwise nor can GoodTime guarantee that the Services will function or integrate with Non-GoodTime Products and Services.
3.2. Non-GoodTime Applications and Customer Data. If Customer installs or enables a Non-GoodTime Application for use with a SaaS Service, Customer grants GoodTime permission to allow the provider of that Non-GoodTime Application to link to and access Customer Data as required for the interoperation of that Non-GoodTime Application with the Service. GoodTime is not responsible for any disclosure, modification, transmission or deletion of Customer Data resulting from access by a Non-GoodTime Application.
3.3. Integration with Non-GoodTime Applications. The Services may contain features designed to interoperate with Non-GoodTime Applications. To use such features, Customer may be required to obtain access to Non-GoodTime Applications from their providers, and may be required to grant GoodTime access to Customer account(s) on the Non-GoodTime Applications. If the provider of a Non-GoodTime Application ceases to make the Non-GoodTime Application available for interoperation with the corresponding Service features on reasonable terms, GoodTime may cease providing those Service features without entitling Customer to any refund, credit, or other compensation.
4. Future Functionality. Customer agrees that Customer’s purchases are not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by GoodTime regarding future functionality or features.
5. Customer Data Portability and Deletion. Upon request by Customer made within 30 days after the effective date of termination or expiration of an Order Form, or this Agreement, GoodTime will make the Customer Data available to Customer for export or download as provided in the Documentation. After that 30-day period, GoodTime will have no obligation to maintain or provide Customer Data, and may in its sole discretion thereafter delete or destroy all copies of Customer Data in GoodTime’s systems or otherwise in GoodTime’s possession or control as provided in the Documentation, unless legally prohibited.