Activepieces

" We may be required by law or to retain it to exercise or defend legal claims, or contractual obligations with our customers to retain some information in connection with our obligation to provide the Services. We may de-identify and anonymize some data for purposes of retaining it."

" “Customer Success Services” means adoption services which are provided as part of the Subscription, as set forth in Appendix 1. Customer Success Services include the collection of Operational Data (as further stated in Appendix 1). Customer Success Services are only available to Customers who are purchasing Software, and are not available for Free Software."

" Activepieces and its subsidiaries and affiliates (the "Activepieces Related Companies") may also use your Personal Data and other personally non-identifiable information collected through the Services to help us improve the content and functionality of the Services, to better understand our users and to improve the Activepieces Services. Activepieces and its affiliates may use this information to contact you in the future to tell you about services we believe will be of interest to you. If we do so, each communication we send you will contain instructions permitting you to "opt-out" of receiving future communications. In addition, if at any time you wish not to receive any future communications or you wish to have your name deleted from our mailing lists, please contact us as indicated below. For persons located in EEA lawful basis in the processing of such Personal Data is under Article 6.1 (f) of the GDPR."

" "Web Beacons" (also known as Web bugs, pixel tags or clear GIFs) are tiny graphics with a unique identifier that may be included on our Services for several purposes, including to deliver or communicate with Cookies, to track and measure the performance of our Services, to monitor how many visitors view our Services, and to monitor the effectiveness of our advertising. Unlike Cookies, which are stored on the user's device, Web Beacons are typically embedded invisibly on web pages (or in an e-mail)."

" We also will collect IP Address, device ID and other information and log it in connection with your account information and use history to administer the Services, provide support, improve your experience and monitor the Service for fraud, misuse and other reasons permitted by law."

" Customer Success Services include additional assistance with respect to Customer’s use of the Activepieces Software. Customer Success Services are provided at no charge. In order to receive Customer Success Service(s), Customer acknowledges and agrees that additional data and information (“Operational Data”) will be collected to allow the operation of the Customer Success Services."

" For anyone who visits the Site, we may collect information automatically using web tracking technologies such as cookies, web beacons, pixel tags, clear GIFs and third party tracking services in order to ensure that the Site and Services operate efficiently and to collect data related to usage of the Site and Services such as, but not limited to, the IP Address, browser type, language preference, referring site, and the date and time of each visitor or Customer request."

" The Services and our business may change from time to time. As a result, at times it may be necessary for Activepieces to make changes to this Privacy Policy. Activepieces reserves the right to update or modify this Privacy Policy at any time and from time to time. If we do this, we will post the changes to this Privacy Policy on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Service user interface, in an email notification or through other reasonable means. Please review this policy periodically, and especially before you provide any Personal Data. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Service or changes made for legal reasons will be effective immediately. This Privacy Policy was last updated on the date indicated above. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Privacy Policy."

" We may retain certain personally non-identifiable information related to the data or content linked between Third-Party Services (for example, date sent, link configuration, names of the Third-Party Services), for the purpose of improving our Services and as described below in the "Aggregated Personal Data" section. For persons located in the EEA, our lawful basis in the processing of such Personal Data is under Article 6.1 (c) and (f) of the GDPR."

" As detailed above, you can delete your Personal Data by logging into your account and deleting your account or, to the extent required by law, you may request to do so at [email protected] subject to our confirmation of your identity. However, since your Personal Data is required for us to provide the Services to you, deleting it or making such a request will also terminate your access to the Services. Deleting your Personal Data does not mean that all of it will be removed. We take steps to delete Personal Data and content that is no longer necessary in relation to provide the Services by deleting it within 12 months of you terminating your account."

" Generally speaking, we will still retain your information for as long as your account is active, as needed to provide you the Services and as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. While we will remove Personal Data from use in connection with the Services, will retain Personal Data as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements or as otherwise required by law."

" Our Service allows Customers to create automated flows, sometimes using APIs. While a Customer may have access to Customer End User Personal Data and use our Service to work with it as it is stored with them and their other processors and transmit and store it through our Service. We do not control Customer of use of the Personal Data they collect from you and provide to us."

" 11.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF EACH PARTY AND ITS AFFILIATES AND LICENSORS ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE, WILL NOT EXCEED, IN THE AGGREGATE, THE TOTAL AMOUNT PAID BY CUSTOMER OR ITS AFFILIATES HEREUNDER IN THE ONE YEAR PERIOD PRECEDING THE FIRST INCIDENT OUT OF WHICH THE LIABILITY AROSE. THE FOREGOING LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, BUT WILL NOT LIMIT CUSTOMER’S OR ITS AFFILIATES’ PAYMENT OBLIGATIONS UNDER THE “PAYMENT OF FEES” SECTION ABOVE."

" 11.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EITHER PARTY OR THEIR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, LOSS OF REVENUE, ANTICIPATED PROFITS, LOST BUSINESS OR LOST SALES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES."

" 6.4 With respect to purchases direct from Activepieces, Customer will pay Activepieces the applicable Fees, including those for Supplemental Services, without any right of set-off or deduction. All payments will be made in accordance with the payment details stated within the applicable Order Form. If not otherwise specified: (i) Activepieces (or applicable Activepieces Affiliate) will invoice Customer for the Fees upon the Acceptance of an Order Form; and (ii) all Fees will be due and payable within thirty (30) days of Customer’s receipt of an invoice. Except as expressly set forth in this Agreement, all Fees paid or due hereunder (including prepaid amounts) are non-refundable, and no credit will be due, including without limitation if this Agreement is terminated in accordance with Section 4 herein."

" 6.7 In the event a Customer procures Software from an Authorized Partner, or, Activepieces is unable to: (i) verify and generate a Quarterly Usage Report, and/or (ii) collect payment(s) with respect to Quarterly Add-Ons as provided in the Quarterly Usage Report, Customer shall be obligated to: (a) provide a report no later than twelve (12) months following the Subscription Effective Date (“Annual Report”) of all Users from said Subscription Term (“Overage Users”), and (b) be obligated to pay for such Overage Users, for the previous twelve (12) months, at the then current List Price for the Activepieces Software. Overage Users subject to the Annual Report shall not include any pro-ration, set-off and/or deduction to account for term of use, or otherwise. Overage Users that have been identified in an Annual Report shall be considered due and payable in accordance with Section 6. In the event Overage Users are outstanding upon the expiration of a Subscription Term, Customer shall be obligated to pay for such Overage Users in order to renew the Software."

" 8.1 Subject to the terms and conditions of this Agreement, Activepieces hereby grants to Customer and its Affiliates a limited, non-exclusive, non-transferable, non-sublicensable license for Customer’s and its Affiliates’ Users to use, reproduce, modify, prepare derivative works based upon, and display the code of Software at the tier level selected by Customer, or as set forth in an Order Form, solely for: (i) its internal use in connection with the development of Customer’s and/or its Affiliates’ own software; and (ii) the number of Users for which Customer has paid Activepieces. Notwithstanding anything to the contrary, Customer agrees that Activepieces and/or its licensors (as applicable) retain all right, title and interest in and to all Software incorporated in such modifications and/or patches, and all such Software may only be used, copied, modified, displayed, distributed, or otherwise exploited in full compliance with this Agreement, and with a valid Subscription for the correct number of Users."

" With respect to Customers when you register or purchase our Services, we collect the name, business you work with, email address, address and password in order to administer the Services. Our payments processor will collect your billing information (credit card information, address and name) to process the payments for the Services."