The following are the specific terms and conditions for the Software entitled “Symon.AI” (“Symon.AI”) ordered by Customer as a Cloud Service pursuant to the Varicent Cloud Services Agreement (the “Agreement”) at https://www.varicent.com/legal_terms.
Capitalized terms shall have the meanings set forth in this Schedule or elsewhere in the Agreement.
1.1. “Central Processing Unit” has the meaning as set out in the Documentation.
1.2. “Marketplace” means the online marketplace where Varicent makes available Marketplace Apps; the Marketplace does not form part of the Cloud Service.
1.3. "Marketplace App” means an application that Varicent makes available to Customer through the Marketplace.
1.4. “Marketplace App Terms” means the terms and conditions associated with and contained within a specific Marketplace App.
2. DESCRIPTION OF SYMON.AI CLOUD SERVICE
2.1. Symon.AI. The Cloud Service for Symon.AI is Varicent's Augmented Intelligence offering to discover meaningful patterns in complex and sophisticated sales systems. It allows users to connect, cleanse and join data to automate data tasks without the need for code, provides applications to everyday sales performance questions, and forecast results, find outliers and predict outcomes through the use of data science. The Cloud Service for Symon.AI includes access to the Symon.AI web application.
2.2. Free Services. Free Services provided through the Online Portal shall have the associated description and Entitlements outlined therein.
2.3. Purchased Cloud Services. Varicent charges for use of Symon.AI Cloud Services on a “per Entitlement” basis. What constitutes a single “Entitlement” for Symon.AI’s components is described below. Customer must obtain a sufficient number of the following Entitlements in order to use the Cloud Service for Symon.AI. Additional Entitlements may be added at any time upon the Parties’ execution of an Order for such Entitlements.
2.3.1. Symon.AI Administrative Users. One Entitlement per Symon.AI Administrative User. One Entitlement per Administrative User. A “Symon.AI Administrative User” is an Authorized User who partakes in the creation and/or ongoing administration of analyses.
3. ADDITIONAL ACCESS AND USE OF THE CLOUD SERVICE TERMS
3.1. In addition to Section 2 (Access To and Use of the Cloud Service) of the Agreement, Varicent shall provide Customer with all Symon.AI Authorized User accounts for the Symon.AI Purchased Cloud Service. Customer is responsible for: (a) all activities that occur under the Symon.AI Authorized Users’ accounts; (b) maintaining the security and confidentiality of all usernames and passwords for the Symon.AI Authorized User account; and (c) any loss or damage suffered by Customer or Varicent as a result of Customer’s, any of its Subsidiaries’, or any Authorized User’s failure to adequately safeguard any such account information. Customer shall promptly notify Varicent of any unauthorized use of any username, password, or account or any other known or suspected breach of security.
4. SYMON CERTIFICATION
4.1. Varicent is subject to the following annual certifications of compliance in respect of the Cloud Service for Symon.AI:
(a) ISO 27001
(b) SOC 2
5.1. The Sub/processors for the Cloud Service are outlined below. Alternate locations may be requested by Customer in the applicable Order if applicable. Varicent may add additional hosting and processing locations in accordance with the Data Security Standards.
|Subprocessor (SP) /Processor (P)
||Nature and Purpose of Processing
|Amazon Web Services(SP)
||Infrastructure provider for cloud hosting services and storage.
||United States (Default)
European Union (Alternate if Customer selects European instance at the time of account sign-up)
||Provision of authorized payments for Customers with Cloud Services hosted in the United States. Varicent does not directly Process any payment card information.
|Varicent Affiliates (SP):
Varicent Canada OpCo Limited
Varicent US OpCo Corporation
Varicent UK OpCo Limited
Varicent ROM OpCo SRL
Varicent Australia OpCo Pty Ltd
||Canada, Romania, Australia
||Canada, Romania, Australia, United States, United Kingdom and/or such other locations as agreed-upon in the applicable SOW
6.1. Customer Use of Marketplace Apps. Notwithstanding anything outlined in the Agreement, Marketplace Apps are a Free Service and are subject to the associated Marketplace App Terms. Save and except for business contact information which forms part of an individual’s account, no Personal Data or any sensitive data (such as data which requires a high degree of protection by law or which, if made public, could expose individuals to a risk of physical harm, fraud, or identity theft) may be uploaded to a Marketplace App. Any use by Customer of Third Party web sites, products or services linked to within a Marketplace App is solely between Customer and the applicable Third Party provider. The Cloud Service for Symon.AI may contain features designed to interoperate with Marketplace Apps. Varicent cannot guarantee the continued availability of such Cloud Service features or Marketplace Apps, and may cease providing them at any time without entitling Customer to any refund, credit or other compensation in relation thereto.
Software Schedule Symon_New_Feb 2023