Terms of Use

Information Sapta Receives from Other Sources 

Sometimes Sapta receives your information from third parties (other individuals, marketing services, third-party integrations), which may include: 

• Information processed from third-party integrations you set up with Sapta. For example, a third-party integration may give us access to information stored in that third party that Sapta will process to facilitate the integration. 
• Name, email, and business contact information 
• Information about you provided to us from other individuals or users of Sapta. 

How We Use Your Information 

Sapta uses your information to operate our products and services, communicate with you, process transactions when you change Sapta plans, for security and fraud prevention, and to comply with the law. Specifically, we may process your information to: 

Provide services to you and operate our business: 

• Maintain, provide, and improve our products and services. 
• Help us better understand user interests and needs and customize Sapta for you. 
• Analyze and research how you interact with our websites and applications. 
• Protect Sapta and you, for example: 
• Securing our systems and products against fraud or unauthorized activity 

• Identifying, troubleshooting, and fixing bugs and errors 
• Complying with global laws and regulations 
• Investigate in good faith alleged violations of our User Terms of Service 
• Comply in good faith with a valid legal subpoena, request, or other lawful process that we otherwise determine is necessary to respond to 
• If you use Sapta as part of an organization, company, or academic institution, Sapta will process your information as required by our contract with your organization or academic institution. Those contractual terms may differ from, and, in the event of a conflict, take precedence over, the uses described in this Privacy Statement. 

In addition, we use information about your use of Sapta, account information (which may include your email address and name), and information related to third-party integrations to: 

• Communicate with you: 
• About Sapta by phone, text, email, or chat 
• To provide important notices and updates, product changes, and other necessary notices such as security and fraud alerts 
• To market Sapta services to you. via email, phone, and mail. You have the ability to unsubscribe from promotional marketing communications at any time. 
• Advertise Sapta to you. 
• Facilitate reporting and analyzing performance of the Sapta platform or features available in Sapta. 
• Provide webinars or public presentations. 
• Demonstrate Sapta or provide you access to a demo Sapta instance. 
• Process your information at your direction. 
• Provide cross-device management of your account. For example, we may locate or try to locate the same unique users across multiple browsers or devices (such as smartphones or tablets), or work with service providers that do this, to save your preferences across devices and analyze usage of our products and services. If you wish to opt out of Google’s ability to locate you across devices in this way, you may install the Google Analytics Opt-out Browser Add-on by clicking here. 

Provide you with support and get your feedback. 

• Respond to your requests for information. 
• Help identify and troubleshoot any issues with your account and answer your questions. 
• Resolve support requests. 

• Provide you with reports about usage. 
• Survey your opinions through surveys, research studies, and questionnaires. 

Combined Information 

Unless otherwise prohibited by law, we may combine the information that we collect through your use of our products and services with information that we receive from other sources, both online and offline, and use that combined information as set out above. 

Aggregated and de-identified data

We may aggregate and/or de-identify information related to your use of Sapta (for example, how many tasks or projects you created) so that such information can no longer be linked to you or your device. We may use such aggregated and de-identified data for any purpose, including but not limited to, research and marketing purposes and may also disclose such data to any third parties, including advertisers, promotional partners, sponsors, event promoters, and/or others. 

Artificial Intelligence and Machine Learning 

Some features in Sapta are powered by artificial intelligence (AI) and machine learning. Admins and super admins can adjust AI preferences for your domain at any time by visiting the admin console.  

When features powered by Sapta AI are enabled in your domain, we use metadata related to your domain’s use of Sapta to train machine learning models. Depending on the model and the feature, these machine learning models power features, both in your domain and other Sapta domains.  

When features powered by AI Partners are enabled in your domain, we leverage third-party LLM service providers. Our third-party LLM service providers do not use customer data to train their models.  

Sapta may use AI technologies, including bots on our websites and in our product, to communicate with you, respond to your comments and questions, and provide information about our products and services.  

How We Disclose Your Information 

We need to disclose the information we collect about you to make our products and services run smoothly and to operate our business under the following conditions: 

• Service providers and sub processors. We may provide access or disclose your information to select third parties that use the information on our behalf to assist in providing Sapta’s services, website, and features. These third parties provide a variety of services to us, including without limitation sales, marketing, provision of content and features, artificial intelligence enabled functionality, advertising, analytics, research, data storage, security, fraud prevention, and other services. 
• Advertising partners. We may also provide information collected when you visit an Sapta website (which may include email addresses) to service providers, who may “match” this information in de-identified form to cookies (or mobile ad identifiers) and other proprietary IDs, in order to provide you with more relevant Sapta ads when you visit other websites. Our advertising partners may also use cookies and similar technologies on our website to display more relevant advertising about Sapta on other websites that you visit.  Please see our Cookies Notice for more information about how we use targeting cookies and your options for managing them. 
• Because you ask us to disclose. We may disclose your information to third parties when you ask us to do so. 
• Consistent with your settings within our products and services. Please note that the information you submit through and post to Sapta may be viewable by other users in your workspace, team, division, or organization, depending on the specific settings you have selected and if an organization has been created for your domain. 
• Business transfers. If the ownership of all or substantially all of our business changes, or all or some of our assets are sold as part of a bankruptcy or other proceeding, we may transfer your information to the new owner so that the services can continue to operate. In such case, your information would remain subject to the promises and commitments contained in this Privacy Statement until the acquiring party updates it. If such a transfer is subject to additional mandatory restrictions under applicable laws or agreements, Sapta will comply with those restrictions. 
• Compliance with legal obligations. To comply in good faith with a valid legal subpoena, request, or other lawful process. We will notify individuals or customers of that request unless: we are prohibited from doing so by law or court order; or there are exceptional circumstances, such as an emergency involving the risk of bodily injury or death to a person or group of people or potential harm to minors. 

• Your company’s own Sapta account administrator (if you have one). If you’re using Sapta in connection with an organization, academic institution, or company domain, your company’s own Sapta account administrator can export data associated with the domain they manage if they have a subscription plan that allows them to do so. 
• Public Forums. Our public forums, such as the Sapta community forum, make it possible for you to upload and post comments or feedback publicly with other users. Any information that you submit through such public forums is not confidential and Sapta may use it for any purpose (including in testimonials or other Sapta marketing materials). Any information you post openly in these ways will be available to the public at large and potentially accessible through third-party search engines. Such information can be read, collected and/or used by other users and could be used to send you unsolicited messages.  

We use and disclose the categories of information we collect from and about you consistent with the various business purposes we discuss throughout this Privacy Statement. We do not disclose your information to third parties for their own direct marketing purposes. 

Protection, Storage, Transfer and Retention of Your Information 

Security 

Sapta takes technical and organizational measures to protect your information against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure, or access. However, no method of transmission over the Internet and no means of electronic or physical storage is absolutely secure, so we cannot ensure or warrant the security of that information. We are constantly updating and improving our safeguards. 

Storage 

When you use Sapta, some information about you will be stored in the United States. For more information about our EU data storage options, please email us at [email protected]. 

Transfer of your information out of EEA, UK, Switzerland, and Japan 

When you use our products and services, information about you will be transferred to the United States where the majority of Sapta’s data processing occurs. We may also transfer information that we collect about you to third party processors across borders from your country or jurisdiction to other countries or jurisdictions around the world. 

EU-US Data Privacy Framework program, the UK Extension to the EU-US DPF, and the Swiss-US Data Privacy Framework 

Sapta complies with the EU-US Data Privacy Framework program (EU-US DPF), the UK Extension to the EU-US DPF, and the Swiss-US Data Privacy Framework program (Swiss-US DPF) as set forth by the US Department of Commerce. Sapta has certified to the US Department of Commerce that it adheres to the EU-US Data Privacy Framework Principles (EU-US DPF Principles) with regard to the processing of personal data received from the European Union in reliance on the EU-US DPF and from the United Kingdom (and Gibraltar) in reliance on the UK Extension to the EU-US DPF. Sapta has certified to the US Department of Commerce that it adheres to the Swiss-US Data Privacy Framework Program Principles (Swiss-US DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-US DPF. 

In compliance with the EU-US DPF, the UK Extension to the EU-US DPF, and the Swiss-US DPF, Sapta commits to refer unresolved complaints concerning our handling of personal data received in reliance on the EU-US DPF, the UK Extension to the EU-US DPF, and the Swiss-US DPF to BBB National Programs, an alternative dispute resolution provider based in the United States. If you do not receive timely acknowledgment of your DPF Principles-related complaint from us, or if we have not addressed your DPF Principles-related complaint to your satisfaction, please visit please visit the BBB National Programs Dispute Resolution Process web site at https://bbbprograms.org/programs/all-programs/dpf-consumers/ProcessForConsumers for more information or to file a complaint. The services of BBB National Programs are provided at no cost to you. 

Please note that if your complaint is not resolved through these channels, under limited circumstances, a binding arbitration option may be available as set forth in Annex I of the DPF Principles. Sapta is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC) with respect to its compliance with the provisions of the EU-US DPF, the UK Extension to the EU-US DPF, and the Swiss-US DPF. 

Sapta will take reasonable and appropriate steps necessary to ensure that any third party who is acting as a “data processor” under EU, UK, and Swiss terminology is processing the personal data we entrust to them in a manner that is consistent with the DPF Principles. Sapta is potentially liable in cases of onward transfer to third parties of data of EU, UK, and Swiss individuals received pursuant to the EU-US DPF, the UK Extension to the EU-US DPF, and the Swiss-US DPF, respectively. 

If there is any conflict between the terms in this privacy statement and the EU-US DPF Principles and/or the Swiss-US DPF Principles, the Principles shall govern. 

To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit https://www.dataprivacyframework.gov/. 

If the EU-US DPF, the UK Extension to the EU-US DPF, and the Swiss-US DPF do not apply, Sapta relies on other data transfer mechanisms to transfer personal data outside the EEA, the UK, and Switzerland, such as Standard Contractual Clauses. 

Data Retention 

We will retain your information for the period necessary to fulfill the purposes outlined in this Privacy Statement, to make our products and services available to you, or as instructed by you, unless a longer retention period is required or permitted by law. 

Other Important Information 

Use by children under 16: 

If you are under the age of 16, you may not have an Sapta account or use Sapta’s products or services. We do not knowingly process any information from, or direct any of our products or services to, children under the age of 16. 

Marketing Practices and Choices 

If you receive email from us, we may use certain analytics tools, such as clear GIFs that capture data about your interaction with the email, which may include the date and time when you opened our email and whether you clicked on any links or banners within our emails. This data allows us to gauge the effectiveness of our communications and marketing campaigns. 

You may instruct us not to use your contact information to contact you by email, postal mail, or phone regarding products, services, promotions, and special events that might appeal to your interests by contacting us via the methods listed in the Contact Us. In promotional marketing commercial email messages, you can also opt out by following the instructions located at the bottom of such emails or contact us at [email protected]. 

Please note that, regardless of your request, we may still use and disclose certain information as permitted by this Privacy Statement or as required by applicable law. For example, you may not opt out of certain transactional, operational, or service-related emails, including those reflecting our relationship or transactions with you. 

Global Privacy Control and Do Not Track 

Where required, Sapta honors the Global Privacy Control (GPC) signal. 

Do Not Track is a privacy preference that users can set in certain web browsers. We are committed to providing you with meaningful choices about the information collected on our websites for third party purposes, and that is why we provide the ability to opt out, if needed, and adjust your cookies preferences. We do not currently recognize or respond to browser initiated DNT signals.  

Please note that Do Not Track is a different functionality from the browser-based Global Privacy Control signal, which Sapta does honor. For more information about how Sapta uses cookies and similar tracking technologies, visit our Cookies Notice. 

Legal Bases for Processing Your Information 

The laws in some jurisdictions require us to inform you of our legal bases for processing your information. Our legal bases for collecting and using your information described above will depend on the information and the specific context in which we collect it. However, some examples of legal bases for processing that we rely on: 

• Where use of your information is necessary to perform our obligations under a contract with you (for example, to comply with the User Terms of Service which you accept by using Sapta’s services or to fulfill the terms of a contract signed with companies) 
• Where use of your information is necessary for our legitimate interests or the legitimate interests of others (for example, to provide security, operate our products and services, prevent fraud, analyze use of and improve our products and services, and for similar purposes) 
• Where use of your information is necessary to comply with a legal obligation (for example, to comply with our legal obligations to collect and store tax or invoice information for a certain period) 
• Where we have your consent to process data in a certain way 

Your Privacy Rights 

Sapta users from around the world use our products to bring clarity to their work. Regardless of what country you’re located in, we respect your ability to know, access, correct, export, restrict the processing of, and delete your information, and have extended those rights globally. We will not discriminate against you for exercising your privacy rights. 

Information about your rights 

Upon your request, and subject to applicable legal exceptions, we will: 

• provide access to and/or a copy of certain information we hold about you. 
• provide you with information about categories of information we collect or disclose about you, the categories of sources of such information, the business or commercial purpose for collecting your information, and the categories of third parties to which we disclose your information. For your convenience and so you don’t have to request it, we’ve included that information in this Privacy Statement. 
• prevent the processing of your information for promotional purposes (including any direct marketing processing based on profiling) 
• update information which is out of date or incorrect 
• delete certain information which we have about you. 
• restrict the way that we process and disclose some of your information. 
• transfer your information to a third-party provider of services. 
• revoke your consent for the processing of your information. 

If you request these rights, we will need to verify your identity and may need to verify your relationship with Sapta (for example, if you’re an administrator of an Sapta organization, division, or workspace and you’re making a request on behalf of another individual) for security and to prevent fraud.  You may be able to designate an authorized agent to make requests on your behalf. For an authorized agent to be verified, the authorized agent must present signed, written permission to make such requests or a power of attorney. We may also contact you to verify your identity before processing the authorized agent’s request. 

We may take additional steps to verify that you are authorized to make the request. If you are an end user of Sapta’s services and not a direct customer of Sapta (for example, your company uses Sapta and you’re an employee or authorized representative of that company), you should direct requests relating to your information to the administrator of your company’s Sapta account. We will redirect you to your administrator or notify the administrator directly.  

Please note, however, that certain information may be exempt from such requests in some circumstances (for example, if we need to keep processing your information for our legitimate interests or to comply with a legal obligation). Depending on applicable law, you may have the right to appeal to our decision to deny your request. If we deny your request, we will provide you with information on how to appeal the decision, if applicable, in our communications with you. 

Right to manage cookies preferences and opt out of targeted advertising. As explained in detail in our Cookies Notice, we DO NOT provide information about your device and online browsing activities to third-party advertising providers for targeted online advertising purposes. 

If we change our policies, we will provide an opt out of our online disclosure of your information through cookie and pixel technology. 

Privacy Information for California Residents 

Categories of information collected and disclosed. 

If you are a California resident, you have certain rights under the California Consumer Privacy Act (CCPA), and we want to provide you with the following additional information about the purpose for which we use each category of personal information we collect (as defined by CCPA), the categories of third parties to which we disclose personal information for a business purpose or for cross-context behavioral advertising, which includes our use of third-party analytics services and online advertising services. These are described in detail in our Cookies Notice and may result in the disclosure of online identifiers (e.g., cookie data, IP addresses, device identifiers, and usage information). 

Specifically, your contact information (including email) or internet network and device information (including cookie data and IP address) may be disclosed to online advertising and analytics partners. 

For more information about each category of personal information, purpose of use, and third parties to which we disclose personal information, please see the Information We Process, How We Use Your Information, and How We Disclose Your Information sections of our Privacy Statement. 

Your choices regarding online advertising and related activities 

You have the right to opt out of the disclosure of your personal information for purposes of online cross-context behavioral advertising and related activities and can do so by clicking here: Manage settings or enabling Global Privacy Control within your browser. 

Other CCPA rights 

We do not offer any financial incentives in exchange for your personal information.  If we ever do, we will provide you with additional disclosures regarding those incentives at the time they are offered. 

The CCPA also allows you to limit the use or disclosure of your sensitive personal information (as defined in the CCPA) if your sensitive personal information is used for certain purposes. Please note that we do not use or disclose sensitive personal information other than for business purposes for which you cannot opt out under the CCPA. 

Please see the Your Privacy Rights section of our Privacy Statement above for information about the additional rights you have with respect to your personal information under California law and how to exercise them. 

Retention of your personal information is managed by you under your tenancy agreement. 

California “Shine the Light” disclosure. 

The California “Shine the Light” law gives residents of California the right under certain circumstances to opt out of the disclosure of certain categories of personal information (as defined in the Shine the Light law) with third parties for their direct marketing purposes, or in the alternative, that we provide a cost-free means for consumers to opt out of any such disclosure. We do not currently disclose your personal information to third parties for their own direct marketing purposes. 

Nevada Rights 

Under Nevada law, certain Nevada consumers may opt out of the sale of information about you. We do not sell your data in accordance with Nevada Senate Bill 220. However, if you are a Nevada resident you may submit a request to opt out of any potential future sales under Nevada law by sending an email to [email protected]. Please note, if needed, we may take reasonable steps to verify your identity and the authenticity of the request. 

Changes To Our Privacy Statement 

We will update this Privacy Statement to make sure it accurately reflects our data collection and use practices, our amazing features, advances in technology, or as applicable laws require. We will comply with applicable legal requirements regarding providing you with notice and/or consent when we make such changes, depending on the type of change made. We also provide information about how our Privacy Statement has changed over time below. 

Contact Us and Privacy Questions 

Sapta is located at 700 El Camino Real. Suite 120 #1196 Menlo Park 94025. If you wish to contact us or if you have any questions about or complaints in relation to this notice, please contact us at [email protected].  

Non-Production Instances

Sapta may provide you with temporary access to a non‑production instance of the Sapta Products upon your request to the Website (each a “Non‑Production Instance”). Unless subject to a separate click‑accept agreement at the time of registration, access to and use of all Non‑Production Instances shall be governed by these Terms of Use, including without limitation the intellectual property and limitation of liability sections herein. If a click‑accept agreement is made available to you at the time of registration for access to Sapta services or products, then in the event of any conflict between that agreement and these Terms of Use, that agreement shall supersede these Terms of Use to the extent of the conflict. 

Subject to compliance with these Terms of Use, Sapta authorizes you to access and use the Non‑Production Instance solely for your own internal use to evaluate the Sapta Products. Sapta may update, upgrade, add or remove plugins and functionality, and otherwise modify the Non‑Production Instance in its sole discretion without notice to you. Access to Sapta technical support resources is not provided with a Non-Production Instance. 

You may not use the Non‑Production Instance with production data or to provide services to others, including services of implementation, customization or configuration of the Subscription Service.  You may not transfer, sublicense, distribute or otherwise provide third parties access to any applications, integrations or other material that you develop using the Non‑Production Instance.  If you need to access the Subscription Service on a production basis or to provide services or develop Apps for others, please contact Sapta to discuss commercial offerings. 

THE NON‑PRODUCTION INSTANCE AND OTHER Sapta CORE TECHNOLOGY (AS DEFINED BELOW) ARE PROVIDED TO YOU UNDER THIS AGREEMENT AT YOUR OWN RISK AND “AS‑IS” WITHOUT WARRANTY OF ANY KIND. You shall input only non‑sensitive, non‑production data into the Non‑Production Instance. Sapta shall have no obligation or liability for or with respect to an Non‑Production Instance, including without limitation: warranty, support, reliability, backup, performance or service level, refund, service credits, loss of use or loss of data. 

You shall treat your login credentials to, and the contents of (except for data inserted by you), the Non‑Production Instance as confidential information and shall not disclose it to any third party. You agree to provide any required disclosures to and obtain any required consents for the transfer of your data to Sapta in connection with your use of the Non‑Production Instance. Sapta shall not be responsible for compliance with any laws applicable to you and your industry that are not generally applicable to information technology service providers. You agree that Sapta may collect, use and disclose quantitative data derived from the use of the Non‑Production Instance for industry analysis, benchmarking, analytics, marketing, and other business purposes.  All data collected, used, and disclosed regarding your use of a Non‑Production Instance will be in aggregate form only and will not identify you. 

Intellectual Property

Website 

The Website in its entirety includes the Website Content and is owned by Sapta or our licensors and is protected by United States and international laws regarding copyrights, patents, trademarks, trade secrets and other intellectual property or proprietary rights. You are permitted to use the Website only for legitimate business purposes related to your role as a current or prospective customer, developer, partner, supplier or distributor of Sapta. You shall not copy, modify, create derivative works of, publicly display or perform, republish, download or store, or transmit any Website Content without Sapta’s express prior written consent or except as expressly provided in these Terms of Use. 

Sapta Core Technology 

As between Sapta and you, all rights, title, and interest in and to all intellectual property rights in the Sapta Core Technology are owned exclusively by Sapta notwithstanding any other provision in these Terms of Use. Except as otherwise expressly provided in these Terms of Use, Sapta reserves all rights in the Sapta Core Technology and does not grant you any rights, express or implied or by estoppel. As used herein, “Sapta Core Technology” means: (a) the Non‑Production Instance, Development Tools, Documentation and Sapta technology and methodologies (including, without limitation, products, software tools, hardware designs, algorithms, templates, software (in source and object forms), architecture, class libraries, objects and documentation) existing as of the Effective Date; (b) updates, upgrades, improvements, configurations, extensions, and derivative works of the foregoing, however made, and related technical or end user documentation or manuals; and (c) intellectual property anywhere in the world relating to the foregoing. 

User Technology 

As between you and Sapta, you shall retain all rights, title, and interest in and to its intellectual property rights in the electronic data uploaded by you (excluding Sapta Core Technology), and User Technology. You hereby grant to Sapta a perpetual, irrevocable, royalty‑free, fully‑paid, sublicensable, transferable, non‑exclusive, worldwide license to copy, distribute, modify, make derivative works of, publicly display, publicly perform, make, use, sell, translate and disclose to third parties any User Technology or data uploaded by you in the Non‑Production Instance solely for the purpose of providing the Non‑Production Instance to you. As used herein, “User Technology” means software, methodologies, templates, business processes, documentation or other material authored, invented or otherwise created or licensed (other than by or from Sapta) by you using or for use with the Non‑Production Instance, excluding the Sapta Core Technology. 

Sapta Trademarks 

Sapta, the Sapta logo, Now, and other Sapta marks are trademarks and/or registered trademarks of Sapta, Inc., or its affiliates or licensors, in the United States and/or other countries. Other company and product names may be trademarks of the respective companies with which they are associated. Reference the Sapta Trademark and Copyright Guidelines for more information regarding Sapta trademarks. 

Documentation 

The Documentation available on the Website is the copyrighted work of Sapta and/or third‑party providers. Subject to these Terms of Use, we grant you a limited, revocable, non‑transferable, non‑exclusive and non‑sublicensable license to make a reasonable number of copies of the Documentation for your internal business use in connection with your separately authorized use of Sapta Products. No right to sublicense or distribute the Documentation is granted herein. 

User Contributions 

No rights are granted to you with respect to User Contributions (not including Apps, which are treated as described above) other than the limited, personal, non‑exclusive license to reproduce User Contributions as necessary to display the User Contributions on a machine that you use to interact with the Website. 

Third Party Content 

Third‑party materials and free and open-source software (not including Apps) (“FOSS”) provided by us to you may be accompanied by licensing terms, in which case such licensing terms shall govern your use of that third‑party software or FOSS. Mention of third parties and third‑party products in any materials, advertising, promotions or coupons provided to you is for informational purposes only and constitutes neither an endorsement nor a recommendation. All third‑party product specifications and descriptions are supplied by the respective vendor or supplier, and Sapta shall have no responsibility regarding the selection, performance or use of such vendors or products. To the extent you access or use such software, all understandings, agreements, or warranties, if any, shall be directly between the vendor and you. 

Restrictions 

No right, title, or interest in or to the Website including Website Content and Contributions or Sapta Core Technology, is transferred to you.   

There are no implied licenses under these Terms of Use.  Sapta reserves all rights not expressly granted to you herein.  Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. 

Sapta Core Technology is licensed and not sold even if for convenience Sapta refers to words such as sale or purchase. 

You shall not (and shall not permit others to) do any do any of the following with respect to the Website or Sapta Core Technology: (a) license, sublicense, sell, resell, rent, lease, transfer, distribute or time share it or otherwise make any of it available for access by third parties, including any derivative works of Sapta Core Technology irrespective of which party authors such derivative works;  (b) use it on a production basis or with production data or use it to provide services to others including services of implementation, customization or configuration of the Subscription Service; (c) disassemble, decompile or reverse engineer it, particularly for the purpose of developing any product or services competitive with the Subscription Service generally; (d) subject to the preceding clause, use or access it for the purpose of developing products or service competitive with the platform component of the Subscription Service (competitive applications, however, are permitted); (e) copy, create derivative works of, or otherwise modify it, except as expressly permitted hereunder; (f) disrupt its security, integrity or operation; (g) remove or modify a copyright or other proprietary rights notice in it; (h) use it to reproduce, distribute, display, store, transmit or use material or content protected by copyright or other intellectual property right (including the rights of publicity or privacy) without first obtaining the permission of the owner; (i) use it to damage the property of another; (j) use it in any manner which violates any applicable law or regulation; (k) use it in a manner that temporarily or permanently alters, erases, removes, copies, modifies, halts or disables any Sapta or third‑party data, software or network (not including modifications to the Configurable Elements or any data uploaded into the Subscription Service by Participant) without authorization; (l) use it to create, use, send, store or run viruses or other harmful computer code; (m) use it in any manner that disables, hacks or interferes with any security, digital signing, digital rights management, verification or authentication mechanisms; or (n) use it in any manner that, in Sapta’s reasonable judgment, circumvents the ordinary use or operation of the Subscription Service or APIs, disrupts Sapta’s pricing structure or ability to provide services or support to Customers, or allows any party to access Sapta Technology in excess of such party’s authorized or normally intended use. 

Before Participant exercises any of the foregoing actions that Participant believes it is entitled to based on mandatory law, Participant shall provide Sapta with thirty (30) days prior written notice at [email protected], or, if applicable law or the relevant court order does not allow for thirty (30) days’ notice, the maximum amount of notice allowable, and provide all reasonably requested information to allow Sapta to assess Participant’s claim and, at Sapta’s sole discretion, to provide alternatives that reduce any adverse impact on Sapta’s intellectual property or other rights. 

Please contact Sapta if you need to make use of Sapta Core Technology that is not permitted under these Terms of Use.   Partner programs and commercial end user agreements may be available to meet your needs. 

If you enter into a separate agreement with Sapta that provides additional or different license terms with respect to Sapta Core Technology, including a Master Ordering Agreement, Master Subscription Services Agreement, Developer Agreement, or Technology Partner Agreement, then the terms of that separate agreement shall control over these Terms of Use with respect to such Sapta Core Technology. 

Linking

Linking to the Website 

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You are prohibited from linking to any other page of the Website without our express written permission. We reserve the right to withdraw linking permission without notice. The Website must not be framed on any other site, nor may you create a link to any part of the Website other than the homepage. You must not establish a link from any website that is not owned by you. You agree to cooperate with us in stopping any unauthorized framing or linking. 

Links from the Website 

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links from advertisers, including banner advertisements. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third‑party websites linked to this Website, you do so entirely at your own risk and subject to the applicable terms and conditions of use for such websites. 

Monitoring, Enforcement and Feedback

Sapta has the right but not the obligation to: 

• Remove or refuse to post any User Contribution (including any App), and/or terminate your access to all or part of the Website for any reason or no reason, in our sole discretion, including without limitation any violation of these Terms of Use or the Privacy Policy. 
• Disclose your identity to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy. 
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website. 

Without limiting the foregoing, Sapta has the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD Sapta HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY Sapta DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER Sapta OR LAW ENFORCEMENT AUTHORITIES. 

Sapta can neither review all material before it is posted on the Website nor ensure prompt removal of objectionable material after it has been posted and assumes no liability for any action or inaction regarding transmissions, communications or content provided by any user or third parties. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph. 

Feedback & Suggestions 

Sapta shall have a perpetual, irrevocable, royalty‑free, fully‑paid, sublicensable, transferable, non‑exclusive, worldwide license to make, use, sell, offer for sale, import or otherwise use or commercially exploit for any purpose, any feedback, comments, suggestions, communications, and requests for improvements or enhancements relating to the Website and the Sapta Products. 

Legal Considerations

Confidentiality 

You agree that the configuration and information contained in a Non‑Production Instance, Apps and any information provided to you in connection with a Sapta event will be considered and referred to as “Sapta Confidential Information”). Notwithstanding the foregoing, Sapta Confidential Information shall not include: (a) information that is generally and legitimately available to the public through no fault or breach of yours; (b) information that is generally made available to the public by us; (c) information that is independently developed by you without the use of any Sapta Confidential Information; (d) information that was rightfully obtained from a third party who had the right to transfer or disclose it to you without limitation; or (e) any third‑party software and/or documentation provided to you by us and accompanied by licensing terms that do not impose confidentiality obligations on the use or disclosure of such software and/or documentation. 

Unless otherwise expressly agreed or permitted in writing by Sapta, you agree not to disclose, publish, or disseminate any Sapta Confidential Information to anyone. You agree not to use Sapta Confidential Information in any way, including, without limitation, for your own or any third party’s benefit without the prior written approval of an authorized representative of Sapta in each instance. You further agree to take reasonable precautions to prevent any unauthorized use, disclosure, publication, or dissemination of Sapta Confidential Information. You acknowledge that unauthorized disclosure or use of Sapta Confidential Information could cause irreparable harm and significant injury to Sapta that may be difficult to ascertain. Accordingly, you agree that we will have the right to seek immediate injunctive relief to enforce your obligations under this Agreement in addition to any other rights and remedies we may have. If you are required by law, regulation or pursuant to the valid binding order of a court of competent jurisdiction to disclose Sapta Confidential Information, you may make such disclosure, but only if you have notified us before making such disclosure and have used commercially reasonable efforts to limit the disclosure and to seek confidential, protective treatment of such information. A disclosure pursuant to the previous sentence will not relieve you of your obligations to hold such information as Sapta Confidential Information. 

Paid Content 

Certain parts of the Website may grant you access to certain proprietary content (including, without limitation, training modules, video presentations and audio recordings) that we may make available to you from time to time for a separate fee (“Paid Content”). Paid Content shall be considered Sapta Confidential Information, unless otherwise agreed or permitted in writing by Sapta. You may not share the Paid Content with anyone, including, without limitation, employees and contractors working for the same entity as you. Subject to these terms and conditions, we grant you a non‑exclusive, non‑transferable, personal license to access and use the Paid Content upon your purchase, if you may only download one (1) copy of the Paid Content and such download must be completed within the time period specified by us for such download. Except as expressly permitted by us, you shall not modify, translate, reproduce, distribute, or create derivative works of the Paid Content or any part thereof. You shall not sell, sublicense, rent, lease, loan, assign or otherwise transfer any rights in the Paid Content. We and/or our licensor(s) retain ownership of the Paid Content itself and any copies or portions thereof. The Paid Content is licensed, not sold, to you by us for use only under this Agreement, and we reserve all rights not expressly granted to you. Your rights under this license to use and access the Paid Content will terminate automatically without notice from Sapta if you fail to comply with any of these provisions. 

Copyright Infringement 

We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access thereto) from the Website by submitting written notification (a “DCMA Notice”) to our copyright agent (designated below) in accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”) 

Our designated Copyright Agent to receive DMCA Notices is: 

Copy to [email protected] 

If you fail to comply with all the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. 

If you believe that material you posted on the site was removed or access to it was disabled by mistake or misidentification, you may file a counter‑notification with us by submitting written notification to our copyright agent (identified above) pursuant to the DMCA. 

It is the policy of Sapta to terminate the user accounts of infringers. 

Regional Legal Considerations 

The owner of the Website is based in the state of California in the United States. The Website can be accessed from countries around the world.  Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. Access to the Website from territories where the Website or any of its services or products are illegal is prohibited. You acknowledge that you always remain responsible for your compliance with the U.S. and all applicable export and related statutes and regulations. 

Disclaimer of Warranties 

Sapta cannot and does not promise or warrant that any aspect of the Website, including the Community Services, Documentation, Development Tools, Store, Apps, or any other Website Content is free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your requirements for anti‑virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.  Sapta WILL NOT BE LIABLE for any loss or damage caused by a distributed denial‑of‑service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the website or any services or items obtained through the website or to your downloading of any material posted on it, or on any website linked to it. 

As between you and sapta, your use of the website and non‑production instances, including community services, user contributions, apps, development tools, documentation and any other website content, and any services or items obtained through the website, is at your own risk. The website, including the website content, non‑production instances and any services or items obtained through the website, are provided to you by sapta on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither sapta nor any person associated with sapta makes any warranty or representation with respect to the completeness, security, reliability, quality, suitability, accuracy or availability of the website. Without limiting the foregoing, neither sapta nor anyone associated with sapta represents or warrants that the website, including the website content or any services or materials obtained through the website, will be accurate, reliable, error‑free or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components or that the website or any services or items obtained through the website will otherwise meet your needs or expectations. 

Sapta hereby disclaims all warranties of any kind, either express or implied, statutory or otherwise, with respect to the website, the website content, non‑production instances or any services or items obtain through the website, including but not limited to any warranties of merchantability, non‑infringement and fitness for particular purpose. 

The foregoing does not affect any warranties which cannot be excluded or limited under applicable law. You may receive warranties from the contributor of an app pursuant to the app conditions under which such app is provided to you; however, sapta shall have no liability to you with respect to such warranties or any other term in the app conditions. 

Limitation of Liability 

Except to the extent that a disclaimer of liability is prohibited under applicable law, in no event will sapta, its affiliates and its licensors, service providers, employees, agents, officers and directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the website, including any community services, non‑production instance, user contributions, apps, website content or services or materials made available through the website, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. 

Indemnification 

To the maximum extent permitted by applicable laws, you agree to defend, indemnify and hold us, our affiliates and licensors and their respective officers, directors, employees, contractors, agents, licensors and suppliers harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees and other costs of defense) resulting from your violation of these Terms of Use or your use of the Website, user data, Development Tools and Non‑Production Instances (including anything that you develop using the Development Tools and Non‑Production Instances), including, without limitation, any use of the Website’s content, unpaid tax liability, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website. We will be entitled, at our sole expense, to participate in the defense and settlement of the claim or action with counsel of our choosing.  You may not settle any claims without our prior written consent (which will not be unreasonably withheld). You shall have no obligation to indemnify Sapta against a claim to the extent that a claim is based on the alleged infringement of intellectual property rights by the Sapta Products (independent of your App or other products or services of yours). 

Export Restrictions 

You may not access, download, use or export materials posted to the Website in violation of U.S. export laws or regulations or in violation of any other applicable export or import laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority. 

You acknowledge that the Non‑Production Instances, Apps, Documentation and Development Tools are subject to the U.S. Export Administration Regulations (the “EAR”) and you shall comply with the EAR. Without limiting the foregoing, you represent and warrant that: (a) you are not located in, and shall not use the Documentation and Development Tools from, any country that is subject to U.S. export restrictions (currently including, but not necessarily limited to, Cuba, Iran, North Korea, Sudan and Syria); (b) you shall not use the Documentation and Development Tools in the design, development or production of nuclear, chemical or biological weapons, or rocket systems, space launch vehicles, sounding rockets or unmanned air vehicle systems; and (iii) you are not prohibited from participating in U.S. export transactions by any federal agency of the U.S. government. In addition, you are responsible for complying with any local laws that may impact your right to import, export or use the Documentation and Development Tools. 

U.S. Government Rights 

All Sapta software is commercial computer software, and all services are commercial items. “Commercial computer software” has the meaning set forth in Federal Acquisition Regulation (“FAR”) 2.101 for civilian agency purchases and the Department of Defense (“DOD”) FAR Supplement (“DFARS”) 252.227‑7014(a)(1) for defense agency purchases. If the software is licensed or the services are acquired by or on behalf of a civilian agency, We provide the commercial computer software and/or commercial computer software documentation and other technical data subject to the terms of these Terms of Use as required in FAR 12.212 (Computer Software) and FAR 12.211 (Technical Data) and their successors. If the software is licensed or the services are acquired by or on behalf of any agency within the DOD, we provide the commercial computer software and/or commercial computer software documentation and other technical data subject to the terms of these Terms of Use as specified in DFARS 227.7202‑3 and its successors. Only if this is a DOD prime contract or DOD subcontract, the Government acquires additional rights in technical data as set forth in DFARS 252.227‑7015. This U.S. Government Rights clause is in lieu of, and supersedes, any other FAR, DFARS or other clause or provision that addresses Government rights in computer software or technical data. 

Waiver and Severability 

No waiver of these Terms of Use by us shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of ours to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. 

If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect. 

Third Party Beneficiaries 

There are no third‑party beneficiaries to these Terms of Use. 

Classification of Website and Sapta Products 

In the event of a dispute, the categorization of any subject matter as either the Website or a Sapta Product shall be made by Sapta in its sole discretion, and Sapta may reclassify as a Sapta Product subject matter previously included in the Website. 

Termination 

Sapta may terminate these Terms of Use at any time for any reason by giving you written notice, and all licenses, permissions and other rights granted to you hereunder shall immediately terminate. Notwithstanding the termination of these Terms of Use for any reason, Sections 6 (Intellectual Property) and 9 (Legal Considerations) herein shall survive. 

Governing Law and Jurisdiction 

These Terms of Use and any dispute or claim arising out of, or related to, them, their subject matter or their formation (in each case, including non‑contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the State of California in the United States without giving effect to any choice or conflict of laws provision or rule (whether of the State of California or any other jurisdiction). 

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the San Mateo County, California although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You hereby irrevocably waive all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. 

Entire Agreement 

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and us with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.  For the avoidance of doubt, these Terms of Use do not supersede any Subscription Agreement or other agreement pursuant to which you have been granted the right to use or access a Sapta Product, except to the extent that these Terms of Use provide that Apps or other Website Content are not subject to warranty or entitled to support, service credits, refunds, or other service entitlements under a Subscription Agreement. 

© Sapta, Inc. All rights reserved.