Endor Labs

"The free trial shall commence upon the activation of the Customer's account and shall continue for the duration specified by the Company (including on the Order Form). Upon expiration of the free trial period, unless otherwise agreed upon by the parties, Customer's access to the SaaS Services will be terminated unless Customer and Company enter into an Order Form to subscribe to a paid plan. Notwithstanding anything else, the Company reserves the right to modify or terminate the free trial at any time without prior notice.  Company’s obligations under Section 1.2, the first sentence of Section 2.1, and Section 3.1 of this Agreement will not apply during any free trial period.  ‍ "

" enhance the SaaS Services and for other development, diagnostic and corrective purposes in connection with the SaaS Services and other Company offerings, and (ii) disclose such data solely in aggregate or other de-identified form in connection with its business. "

" At Endor Labs Inc. (the “Company,” “us,” “we,” or “our”), we take your privacy seriously. Please read this Privacy Policy to learn how we treat your personal data. By using or accessing our Site, Saas Services, or other products or services (collectively, the “Services”) in any manner, you acknowledge that you accept the practices and policies outlined below, and you hereby consent that we will collect, use and disclose your information as described in this Privacy Policy.   Remember that your use of our Services is at all times subject to our Product Terms of Use and our Website Terms of Use (together, the “Terms of Use”), which incorporates this Privacy Policy. Any terms we use in this Policy without defining them have the definitions given to them in the Terms of Use.  As we continually work to improve our Services, we may need to change this Privacy Policy from time to time. We will alert you of material changes by placing a notice on our Site, by sending you an email and/or by some other means. Please note that if you’ve opted not to receive legal notice emails from us (or you haven’t provided us with your email address), those legal notices will still govern your use of the Services, and you are still responsible for reading and understanding them. If you use the Services after any changes to the Privacy Policy have been posted, that means you agree to all of the changes."

" The Services use cookies and similar technologies such as pixel tags, web beacons, clear GIFs and JavaScript (collectively, “Cookies”) to enable our servers to recognize your web browser, tell us how and when you visit and use our Services, analyze trends, learn about our user base and operate and improve our Services. Cookies are small pieces of data– usually text files – placed on your computer, tablet, phone or similar device when you use that device to access our Services. We may also supplement the information we collect from you with information received from third parties, including third parties that have placed their own Cookies on your device(s).  Please note that because of our use of Cookies, the Services do not support “Do Not Track” requests sent from a browser at this time. We use the following types of Cookies: Essential Cookies. Essential Cookies are required for providing you with features or services that you have requested. For example, certain Cookies enable you to log into secure areas of our Services. Disabling these Cookies may make certain features and services unavailable. Functional Cookies. Functional Cookies are used to record your choices and settings regarding our Services, maintain your preferences over time and recognize you when you return to our Services. These Cookies help us to personalize our content for you, greet you by name and remember your preferences (for example, your choice of language or region). "

" We may use session replay technology in order to identify and resolve customer issues, to monitor and analyze how you use our Services, to better understand user behavior, and to improve our Services. By continuing to use the Services, you consent to the use of session replay technology. If you would like to change your settings with respect to session replay technology, you can access your Cookie management settings by clicking [LINK]."

" Performance/Analytical Cookies. Performance/Analytical Cookies allow us to understand how visitors use our Services. They do this by collecting information about the number of visitors to the Services, what pages visitors view on our Services and how long visitors are viewing pages on the Services. Performance/Analytical Cookies also help us measure the performance of our advertising campaigns in order to help us improve our campaigns and the Services’ content for those who engage with our advertising. For example, Google LLC (“Google”) uses cookies in connection with its Google Analytics services. Google’s ability to use and disclose information collected by Google Analytics about your visits to the Services is subject to the Google Analytics Terms of Use and the Google Privacy Policy. You have the option to opt-out of Google’s use of Cookies by visiting the Google advertising opt-out page at www.google.com/privacy_ads.html or the Google Analytics Opt-out Browser Add-on at https://tools.google.com/dlpage/gaoptout/. Retargeting/Advertising Cookies. Retargeting/Advertising Cookies collect data about your online activity and identify your interests so that we can provide advertising that we believe is relevant to you. For more information about this, please see the section below titled “Information about Interest-Based Advertisements.” You can decide whether or not to accept Cookies through your internet browser’s settings. "

" Marketing the Services Marketing and selling the Services. Showing you advertisements, including interest-based, online behavioral or targeted advertising."

" 4.1 Fees . Customer will pay Company the then applicable fees described in the Order Form for the SaaS Services in accordance with the terms therein (the “ Fees ”). On a quarterly basis, Company will perform an audit to determine if Customer is in compliance with the license usage limits of this Order. Upon completion of an audit, Company will notify Customer of any additional licenses that need to be purchased to bring the license usage into compliance. Any such additional licenses will be billed as of the audit date, co-terminus with and incorporated into the Order Form, and charged at a pro-rated amount based on a 10% premium on the annual per unit extended price of the Order Form. ‍ Company reserves the right to change the Fees or applicable charges and to institute new charges and Fees at the end of the Initial Service Term or then-current renewal term, upon thirty (30) days prior notice to Customer (which may be sent by email). If Customer believes that Company has billed Customer incorrectly, Customer must contact Company no later than 60 days after the closing date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit. Inquiries should be directed to Company’s customer support department.  All fees under this Agreement are nonrefundable except as otherwise set forth herein. 4.2 Payment Terms . Company may choose to bill through an invoice, in which case, full payment for invoices issued in any given month must be received by Company thirty (30) days after the mailing date of the invoice (excluding amounts under reasonable and good faith dispute). "

" We retain Personal Data about you for as long as necessary to provide you with our Services or to perform our business or commercial purposes for collecting your Personal Data. When establishing a retention period for specific categories of data, we consider who we collected the data from, our need for the Personal Data, why we collected the Personal Data, and the sensitivity of the Personal Data. In some cases we retain Personal Data for longer, if doing so is necessary to comply with our legal obligations, resolve disputes or collect fees owed, or is otherwise permitted or required by applicable law, rule or regulation. We may further retain information in an anonymous or aggregated form where that information would not identify you personally. For example: We retain your profile information and credentials for as long as you have an account with us. We retain your device/IP data for as long as we need it to ensure that our systems are working appropriately, effectively and efficiently."

"No rights or licenses are granted except as expressly set forth herein. Company shall have a royalty-free, worldwide, transferable, sublicenseable, irrevocable, perpetual license to use or incorporate into the SaaS Services any suggestions, enhancement requests, recommendations or other feedback provided by Customer relating to the operation of the SaaS Services. 3.4 Publicity . Customer agrees that Company has the right to reveal the fact that Customer is using the SaaS Services, including by displaying Customer’s name and logo in Company’s website and other marketing materials. ‍ "

" In addition, each of the above referenced categories of Personal Data may be collected, used, and disclosed with the government, including law enforcement, or other parties to meet certain legal requirements and enforcing legal terms including: fulfilling our legal obligations under applicable law, regulation, court order or other legal process, such as preventing, detecting and investigating security incidents and potentially illegal or prohibited activities; protecting the rights, property or safety of you, the Company, or another party; enforcing any agreements with you; responding to claims that any posting or other content violates third-party rights; and resolving disputes. We will not collect additional categories of Personal Data or use the Personal Data we collected for materially different, unrelated or incompatible purposes without providing you notice or obtaining your consent. "

" We may create aggregated, de-identified or anonymized data from the Personal Data we collect, including by removing information that makes the data personally identifiable to a particular user. We may use such aggregated, de-identified or anonymized data and disclose it with third parties for our lawful business purposes, including to analyze, build and improve the Services and promote our business, provided that we will not disclose such data in a manner that could identify you.  "

"If the Receiving Party is compelled by law to disclose Proprietary Information of the Disclosing Party, it shall provide the Disclosing Party with prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at Disclosing Party’s cost, if the Disclosing Party wishes to contest the disclosure. If the Receiving Party is compelled by law to disclose the Disclosing Party’s Proprietary Information as part of a civil proceeding to which the Disclosing Party is a party, and the Disclosing Party is not contesting the disclosure, the Disclosing Party will reimburse the Receiving Party for its reasonable cost of compiling and providing secure access to such Proprietary Information. 3.2 Proprietary Rights . Customer shall own all right, title and interest in and to the Customer Data. Company shall own and retain all right, title and interest in and to (a) the SaaS Services and Software, all improvements, enhancements or modifications thereto, (b) any software, applications, inventions or other technology developed in connection with any additional services or support, (c) any data that is based on or derived from the Customer Data and provided to Customer as part of the SaaS Services, and (d) all intellectual property rights related to any of the foregoing.    3.3 Service Improvements . Notwithstanding anything to the contrary, Company shall have the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the SaaS Services and related systems and technologies (including, without limitation, information concerning Customer Data and data derived therefrom), and Company will be free (during and after the term hereof) to (i) use such information and data to improve and"

" Legitimate Interest:  We process the following categories of Personal Data when we believe it furthers the legitimate interest of us or third parties: Profile or Contact Data "

" When you use the Services and such information is collected automatically. Through Cookies (defined in the “Tracking Tools, Advertising and Opt-Out” section below). If you download our mobile application or use a location-enabled browser, we may receive information about your location and mobile device, as applicable. If you download and install certain applications and software we make available, we may receive and collect information transmitted from your computing device for the purpose of providing you the relevant Services, such as information regarding when you are logged on and available to receive updates or alert notices."

" We may also de-identify or anonymize Personal Data to further our legitimate interests.  Examples of these legitimate interests include (as described in more detail above): Providing, customizing and improving the Services. Marketing the Services. Corresponding with you. Meeting legal requirements and enforcing legal terms. Completing corporate transactions. Consent:  In some cases, we process Personal Data based on the consent you expressly grant to us at the time we collect such data. When we process Personal Data based on your consent, it will be expressly indicated to you at the point and time of collection.  Other Processing Grounds:  From time to time we may also need to process Personal Data to comply with a legal obligation, if it is necessary to protect the vital interests of you or other data subjects, or if it is necessary for a task carried out in the public interest."

" Geolocation Data such as IP-address-based location information. "

" The “Our Commercial or Business Purposes for Collecting Personal Data” section above explains how we use your Personal Data. We will only process your Personal Data if we have a lawful basis for doing so. Lawful bases for processing include consent, contractual necessity and our “legitimate interests” or the legitimate interest of others, as further described below. Contractual Necessity:  We process the following categories of Personal Data as a matter of “contractual necessity”, meaning that we need to process the data to perform under our Terms of Use with you, which enables us to provide you with the Services. When we process data due to contractual necessity, failure to provide such Personal Data will result in your inability to use some or all portions of the Services that require such data. Profile and Contact Data"