(Updated October 24, 2018)
Master Subscription Agreement
BY SIGNING THIS AGREEMENT, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS (THE “AGREEMENT”) GOVERNING YOUR USE OF THE EMAINT ENTERPRISES LLC (“EMAINT”) ONLINE SERVICE, INCLUDING OFFLINE COMPONENTS (COLLECTIVELY, THE “SERVICE”). THIS AGREEMENT INCLUDES THE DATA PROTECTION APPENDIX WHERE YOU HAVE USERS IN THE EUROPEAN ECONOMIC AREA (EEA) USING EMAINT AND HAVE AGREED TO THE INCLUSION OF THE DATA PROTECTION APPENDIX IN THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT SIGN THIS AGREEMENT.
As part of the Service, eMaint will provide you with use of the Service, including a browser interface and data encryption, transmission, access and storage. Your registration for, or use of, the Service shall be deemed to be your agreement to abide by this Agreement including any materials available on the eMaint website incorporated by reference herein, including but not limited to eMaint ‘s privacy and security policies. For reference, a Definitions section is included at the end of this Agreement. The Service is offered as the eMaint Online hosted edition, and has several add-on services available, including eMaint University, eMaint MX Mobile Wireless and eMaint MX Mobile.
In addition, we offer a 30-day free trial of our eMaint Online hosted edition with no further obligation.
- Service Level
eMaint provides 24-hour access to its web-based eMaint Online hosted application, and users may access their eMaint Online account any time. Availability of eMaint Online may be hampered by circumstances and events beyond eMaint’s reasonable control, such as power outages, disruptions along Internet pathways, or a force majeure.
eMaint monitors its servers and website availability 24/7. Upon discovery of service disruptions due to server-related issues, eMaint will notify immediately its third-party web hosting provider(s) and will work with the third-party provider(s) to resolve any issue(s) as quickly as possible so as to minimize any disruptions of service to eMaint customers. Should an unplanned service outage occur, and should such an outage result in the service being unavailable for more than 2 consecutive hours, eMaint will notify its customers, via email, of the disruption in service and of the steps eMaint and/or its third-party provider(s) is taking to resolve the matter. Service outages that are reported to eMaint by eMaint customers will be investigated immediately, and eMaint will inform the customer, via email, of the resolution of the matter. For planned outages, such as for server upgrades or maintenance, eMaint will notify, via email, its eMaint Online customers of a disruption in service at least 48 hours in advance of the planned outage.
- License Grant & Restrictions
eMaint hereby grants you a non-exclusive, non-transferable, worldwide right to use the Service, solely for your own internal business purposes, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by eMaint and its licensors.
You may not access the Service if you are a direct competitor of eMaint, except with eMaint’s prior written consent. In addition, you may not access the Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes.
You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Content in any way, except with eMaint’s prior written consent; (ii) modify or make derivative works based upon the Service or the Content; (iii) create Internet “links” to the Service or “frame” or “mirror” any Content on any other server or wireless or Internet-based device; or (iv) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, or (c) copy any ideas, features, functions or graphics of the Service. User licenses cannot be shared or used by more than one individual User but may be reassigned from time to time to new Users who are replacing former Users who have terminated employment or otherwise changed job status or function and no longer use the Service.
You may use the Service only for your internal business purposes and shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (v) attempt to gain unauthorized access to the Service or its related systems or networks.
- Your Responsibilities
You are responsible for all activity occurring under your User accounts and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Service, including those related to data privacy, international communications and the transmission of technical or personal data. You shall: (i) notify eMaint immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) report to eMaint immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by you or your Users; and (iii) not impersonate another eMaint user or provide false identity information to gain access to or use the Service.
- Account Information and Data
eMaint does not own any data, information or material that you submit to the Service in the course of using the Service (“Customer Data”). You, not eMaint, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Customer Data, and eMaint shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customer Data. In the event this Agreement is terminated (other than by reason of your breach), eMaint will make available to you a file of the Customer Data within 30 days of termination if you so request at the time of termination. eMaint reserves the right to withhold, remove and/or discard Customer Data without notice for any breach, including, without limitation, your non-payment. Upon termination for cause, your right to access or use Customer Data immediately ceases