Safeguarding Business Logic in an Era of Democratized Scams
In a recent podcast that turned viral on TikTok, ChatGPT user Gage explained how he used the AI tool to generate hundreds of fake McDonald’s reviews, which he then...
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In a recent podcast that turned viral on TikTok, ChatGPT user Gage explained how he used the AI tool to generate hundreds of fake McDonald’s reviews, which he then...
This End User License Agreement (“Agreement”) is a legal agreement between you (referred to herein as “YOU”, “YOUR” or “CUSTOMER”) and (A) Transmit Security, Inc., 500 Boylston Street, Suite 2570, Boston, Massachusetts, 02116, United States, if you are located in North America or Japan; (B) Transmit Security Ltd., 94 Yigal Alon Street, Tel Aviv, 6789139, Israel, if you are located outside North America or Japan, or (C) Transmit Security (CA) Services Ltd. 400-725 Granville Street, Vancouver BC V7Y 1G5 Canada, if you are located in Canada (“TRANSMIT SECURITY”).
THIS AGREEMENT GOVERNS THE USE OF TRANSMIT SECURITY’S BINDID™ (hereinafter “Product” or “BindID™”). BY DOWNLOADING, INSTALLING, ACCESSING, EVALUATING OR OTHERWISE USING THE PRODUCT, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE BOUND TO THIS AGREEMENT. IF YOU DO NOT ACCEPT ALL ITS TERMS, IMMEDIATELY CEASE USING OR ACCESSING THE PRODUCT. THIS AGREEMENT GOVERNS YOUR USE OF THE PRODUCTS HOWEVER THEY WERE ACQUIRED INCLUDING WITHOUT LIMITATION THROUGH AN AUTHORIZED DISTRIBUTOR, RESELLER, ONLINE APP STORE, OR MARKETPLACE.
TRANSMIT SECURITY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY AGAINST INFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
If you use a Product for proof of concept, beta testing, trial, evaluation, or other similar purpose (“Evaluations”), you may do so for 30 days only unless Transmit Security issues an extension. Transmit Security reserves the right to terminate Evaluations at any time. Evaluations are provided “AS IS” without warranties of any kind. Any other limitations for Evaluations will be in accordance with the applicable order or schedule.
1. Definitions. The terms used in this Agreement shall have the following definitions:
2. License Grant and Access Rights
3. Ownership
4. Confidential Information
To the extent that confidential and proprietary information of each Party (“Confidential Information”) is exchanged and received in connection with the Product, each Party agrees not to use the other Party’s Confidential Information except in the performance of, or as authorized by this Agreement. Confidential Information does not include: (i) information that was publicly available at the time of disclosure or that subsequently becomes publicly available other than by a breach of this provision, (ii) information previously known by or developed by the receiving Party independent of the Confidential Information; (iii) information that the receiving Party rightfully obtains without restrictions on use and disclosure; or (iv) information that is required to be disclosed pursuant to any law or regulation or by the rules of any stock exchange or by a court of competent jurisdiction.
5. Term; Termination; and Effect of Termination
This Agreement is effective until terminated or, as applicable, in accordance with the term set forth in the applicable Purchase Order. Transmit Security may terminate this Agreement at any time in the event you breach any material term and fail to cure such breach within thirty (30) days. Upon termination, you shall immediately cease using the Product.
6. Warranty and Disclaimer
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TRANSMIT SECURITY AND ITS SUPPLIERS DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, TERMS AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, REGARDING THE PRODUCT, RELATED DOCUMENTATION OR INFORMATION, AND OTHER MATERIALS AND SERVICES, AND SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, MERCHANTABLE QUALITY, NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF PERFORMANCE, DEALING, USAGE OR TRADE. Transmit Security does not warrant that the functions contained in the Product in any update will meet the requirements of or that the operation of the Product will be uninterrupted or error free or free from errors or other program limitations.
7. Liability
8. Data Protection
a. Confidentiality of Personal Data. Transmit Security shall ensure that personnel which it authorizes to process personal data have committed themselves to confidentiality or are under appropriate statutory obligation of confidentiality.
b. Sub-Processors. You shall authorize Transmit Security to engage sub-processors, as described in the applicable Product documentation for the relevant Product, to process personal data. Transmit Security will:
c. Technical and Security Measures. Transmit Security shall implement and maintain all technical and organizational measures that are required for protection of the PII and ensure a level of security that is appropriate to for dealing with and protecting against any risks to the rights and freedoms of the data subjects, and as required in order to avoid accidental or unlawful destruction, loss, alteration or unauthorized disclosure of, or access to PII and/or as otherwise required pursuant to the GDPR, including, inter alia, the measures set forth below:
d. When complying with the section above, Transmit Security shall take into consideration the state of technological development existing at the time and the nature, scope, context and purposes of processing as well as the aforementioned risks.
9. General
a. Successors and Assigns. This Agreement shall bind and inure to the benefit of each party’s permitted successors and assigns. Transmit Security may assign any of its rights or obligations without prior written consent of You to a parent or successor entity.
b. Governing Law.
c. Force Majeure. With the exception of payment obligations, neither party shall be liable to the other party for any delay or failure in performance, to the extent such delay or failure is due to causes beyond its control. These events include but are not limited to the following: acts of nature, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems.
d. Severability and Waiver. If any provision of this Agreement is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible so as to affect the intent of the parties and the remainder of this Agreement will remain in full force and effect. Neither party will be deemed to have waived any of its rights under this Agreement by lapse of time or by any statement or representation other than by an explicit written waiver. No waiver of a breach of this Agreement will constitute a waiver of any prior or subsequent breach of this Agreement.
e. Survival. Sections regarding license restrictions, ownership rights, term and termination, limitations of liability, governing law and this General section shall survive the termination or expiration of this Agreement.
f. Notices. All notices shall be in writing and delivered by overnight delivery service or by certified mail sent to the address published on the respective parties’ websites or the address specified on the relevant order document (attention: Legal Department), and in each instance will be deemed given upon receipt.