Anjir Terms of Service
We appreciate you using Anjir. Please take the time to thoroughly read these Anjir Terms of Service ("Terms"). After logging into your Anjir Account (as defined below), you can access and use Anjir's cloud-based automation technology services at anjirauto.com. They also govern your use of Anjir APIs and any updates, upgrades, modified versions, extensions, improvements, and derivative works of the aforementioned (collectively, the "Service").
We will refer to ourselves as "Anjir" or "we"/"us" throughout these Terms.
"You" refers to the entity that you accept these Terms on behalf of, and you represent and warrant that (i) you have full legal authority to bind your employer or such entity to these Terms; (ii) you have read and understand these Terms; and (iii) you agree to these Terms on behalf of the party you represent.
1. Creating an Anjir Account
a. Account Registration and Use License: You must register for an Anjir Account in order to access and use the Service. You must submit and keep correct, up-to-date, and full Account Information. Anjir will make the Service available for the appropriate Subscription Term, solely for your own internal business reasons and in line with the Documentation, following your correct registration for an Anjir Account and subject to these Terms.
b. Eligibility: By opening and maintaining an Anjir Account, you represent, warrant, and covenant that you have the legal capacity (including, without limitation, the legal age) to enter into contracts under the law of the jurisdiction in which you reside.
c. Credentials: To access your Anjir Account, you can either (i) create a user ID and password, or (ii) utilize Third-Party Login credentials from a compatible third-party site. You are solely responsible for keeping your Anjir Account credentials secure. You undertake to alert Anjir immediately of any suspected or actual unauthorized use of your Anjir Account. You agree to be responsible and liable for all usage of the Service under your Anjir Account, including compliance with all applicable laws, regulations, and third-party restrictions. You further agree that Anjir will not be liable for any costs, losses, damages, or expenses incurred as a result of your failure to maintain the security of your Anjir account.
2. Fees; Terms and Conditions
a. Fees: Certain Service features are only accessible and usable after payment of appropriate Fees. Above all, any service provided during a free trial period is provided "as-is" without any representations, warranties, or indemnities.
b. Subscription Term and Auto-Renewal: Your Subscription Term begins when you register for your Anjir Account and is the billing cycle that you set for your Anjir Account, or the Subscription Term specified on your order form if purchasing the Service through an Anjir order form. Unless you downgrade or cancel your subscription prior to the expiration of your current subscription term, your subscription will automatically renew for another subscription term on the same plan (or if no longer available, the equivalent successor plan) and for a period equal to your then-current subscription term. All renewals are subject to the appropriate Service and Plan remaining available, as well as the then-current Fees for the renewed Service.
c. Plan Changes, Cancellation, and Termination by You: By following the actions provided below, you can change or cancel your plan as well as delete your Anjir Account. To be clear, the following actions do not constitute cancellation of a paid plan or termination of your Anjir Account: (i) a request to cancel your Anjir Account via email, chat, or phone; (ii) canceling or suspending any form of payment put on record with Anjir to pay your Anjir Account Fees; or (iii) any cancellation or termination confirmation from a source other than Anjir. You fully recognize that lowering your Service may result in the loss of features or other capabilities of your Anjir Account, for which Anjir accepts no liability.
d. Anjir Termination and Suspension: We retain the right, with or without notice, to terminate or suspend your Anjir Account and/or our Service to you at any time and for any reason. We will reimburse a prorated portion of your monthly prepayment if we terminate or suspend your Anjir Account without cause. If we terminate your Anjir Account for any reason, including (but not limited to) a violation of these Terms or the Acceptable Use Policy, we will not refund or recompense you.
e. Termination Effect: Once you delete your Anjir Account, neither your Anjir Account nor your Customer Content may be restored or recovered. We retain the right to classify your Anjir Account as "inactive" and destroy the Anjir Account and/or all data associated with it if you do not log in to your Anjir Account or have any active Zaps for twenty-four (24) months or more. Unless otherwise indicated in these Terms, the exercise of any remedy, including termination, by either party will be without prejudice to any other remedies it may have under these Terms. All elements of these Terms that, by definition, should survive termination shall do so, including, without limitation, accrued payment rights, usage restrictions and indemnity duties, confidentiality responsibilities, warranty disclaimers, and liability limitations.
3. Private Information
a. Confidential Information: In connection with the Service, each party ("Disclosing Party") may disclose Confidential Information to the other party ("Receiving Party"). Confidential Information includes non-public business, product, product roadmap, technology, and marketing information that should be recognized to be confidential given the nature of the information and the circumstances of disclosure. If something is labeled "Confidential," the Receiving Party understands that the material is confidential. Notwithstanding the above, Confidential Information does not include information that (i) is or becomes generally available to the public without breach of any obligation owed to the Disclosing Party; (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party; (iii) is received from a third party without breach of any obligation owed to the Disclosing Party; or (iv) was independently developed by the Receiving Party.
b. Confidential Information Protection and Use: The Receiving Party will (i) take at least reasonable steps to prevent unauthorized disclosure or use of Confidential Information, and limit access to those employees, affiliates, and contractors who need to know such information in connection with the Service, provided that they are bound to confidentiality obligations at least as stringent as those in these Terms; and (ii) not use or disclose any Confidential Information. Nothing in the preceding paragraph prevents either party from disclosing Confidential Information to financial and legal experts, provided that such advisors are subject to confidentiality restrictions at least as stringent as those in these Terms.
c. Compelled Access or Disclosure: If required by law, the Receiving Party may access or disclose the Disclosing Party's Confidential Information; provided, however, that the Receiving Party provides the Disclosing Party with prior notice of the compelled access or disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party's expense, if the Disclosing Party wishes to contest the access or disclosure. If the Receiving Party is required by law to access or disclose the Disclosing Party's Confidential Information, the Disclosing Party will reimburse the Receiving Party for the reasonable cost of compiling and providing access to such Confidential Information, as well as any support provided in connection with the Disclosing Party's request for a protective order or confidential treatment for the Confidential Information to be produced.
4. Your Use of the Service and Restrictions
a. Account and Use of Service: You may use your Anjir Account and the Service only (i) for lawful purposes; and (ii) in accordance with these Terms and the Documentation.
b. Prohibited Use: You shall not use or access the Service in violation of the Acceptable Use Policy. Further, you will not and will not permit anyone else to: (i) sell, sublicense, distribute, transfer, or rent the Service (in whole or part), grant non-users to access to the Service, or use the Service to provide a hosted or managed service to others; (ii) reverse engineer, decompile or seek to access the source code of the Service, except to the extent these restrictions are prohibited by law. (iii) copy, modify, create derivative works of, or remove proprietary notices from the Service; (iv) conduct security or vulnerability tests of the Service, interfere with its operation, or circumvent its access restrictions; (v) use the Service to develop a product or service competitive to Anjir; or (vi) otherwise use the Service outside the scope of the rights expressly granted herein.
c. Your Use of the Service to Send Communications: You acknowledge that (i) you are solely responsible for and have complete control over the timing, content, and distribution of any telephonic or electronic communications made or initiated to any person or entity in connection with your use of the Service; and (ii) any such communications are made or initiated solely as a result of your actions. (iii) Beta releases are only accessible for a limited time and should not be relied on for continuous needs.
e. Beta Release: Anjir may, at its sole and absolute discretion, allow you to access and utilize specific Beta Releases with your approval from time to time. In exchange for access to a Beta Release, you hereby agree to the following: (i) any feedback, analysis, ideas, comments, bug reports, or test results you send to Anjir regarding such Beta Release shall be deemed Feedback; (ii) information about a Beta Release provided with you or created by that Beta Release shall be regarded Feedback;
5. Our Data Security and Privacy Practices
a. Data Privacy: By this reference, Anjir’s Privacy Policy is integrated into and constitutes a part of these Terms.
b. Data Processing Addendum: To the extent that Anjir processes any Personal Information (as defined in the DPA) contained in Customer Content, the DPA shall apply to such processing. You are the data exporter and Anjir is the data importer to the extent that Anjir processes any personal data subject to the European Union General Data Protection Regulations ("GDPR").
c. Security: We have implemented and maintain physical, technological, and administrative security measures to prevent unauthorized access, destruction, use, alteration, or disclosure of the Service and Customer Content. These security measures are detailed further in the DPA's Annex.
5. Our Data Security and Privacy Practices
a. Your Information: You maintain ownership of your Customer Content, including Customer Content passed through the Service from your accounts with Third-Party Services. By transmitting Customer Content via the Service, you hereby grant Anjir a worldwide, non-exclusive, and limited term license to access, use, process, copy, store, distribute, perform, transmit, export, and display Customer Content, as reasonably necessary, and to access your Anjir Account: (i) to offer, maintain, operate, and update the Service, as well as to support it; (ii) to prevent or address service, security, support, or technical issues; or (iii) as required by law.
b. Your Compliance Obligations: You are completely responsible for Customer Content's correctness, quality, content, and legality, as well as any actions triggered by Customer Content. You represent and warrant the following: (i) you have secured all required rights, releases, and permissions to transmit Customer Content via the Service and to perform any activities triggered by Customer Content on the Service, as well as to use, process, and/or store Customer Content on the Service used or stored; and (ii) Customer Content, as authorized in these conditions or through your Anjir Account, will not violate any laws or regulations, these Terms, or the conditions of any applicable Third-Party Service.
c. No Prohibited Sensitive Personal Data or High-Risk Activities: You may not access or use the Service for any High-Risk Activities or to upload or communicate any Sensitive Personal Data. We are not liable under these Terms for any High-Risk Activities or Sensitive Personal Data that are not in accordance with the preceding.
d. Enforcement: We reserve the right, but not the obligation, to monitor the Service, investigate, and take appropriate action against any party who uses the Service in violation of applicable law or these Terms, including the right to remove or delete any Customer Content. We will make reasonable attempts to provide you with advance notice of removals and suspensions whenever possible, but if we deem that your actions may jeopardize the functioning of the Service or other users, we may suspend your access or remove your Customer Content immediately and without notice. We are not liable to you if we accept, remove, or delete your Customer Content.
7. Services Provided by Third Parties
a. Links and Integrations with Third-Party Services: The Service may include or enable links to and integrations with Third-Party Services, whether inside the Service or on separate Third-Party Service websites that connect back to the Service. Anjir only provides and/or enables such links to and integrations as a convenience and has no responsibility for the content, functioning, or availability of such Third-Party Services, and does not promote such Third-Party Services (or any products or other services associated with them). Access to any Third-Party Services linked to the Service is entirely at your own risk, and Anjir accepts no responsibility for the accuracy or reliability of any information, data, views, advice, or statements provided by, on, or through such Third-Party Services. If you provide a Third-Party Service access to your Anjir Account, you are completely responsible for that Third-Party Service's access to your data and connections, as well as any/all activities that the Third-Party Service may take on your behalf. Any Third-Party Services you use are subject to the terms of such Third-Party Services. You may not publish a link that links visitors to any content or information that would violate these Terms or the terms of any Third-Party Service.
b. Third-Party Service Integration: You understand and agree that your Account Information and Usage Information relating to your use of a Third-Party Service integration via your Anjir Account may be shared with that Third-Party Service. Customer Content will be communicated to and from your Anjir Account to one or more Third-Party Service(s) you've linked with your Anjir Account based on your configuration and usage of the Service. We may also share your Customer Content with a Third-Party Service that you have linked to your Anjir Account in order to prevent or resolve service, security, or support issues.
8. Private Information
a. Confidential Information: In connection with the Service, each party ("Disclosing Party") may disclose Confidential Information to the other party ("Receiving Party"). Confidential Information includes non-public business, product, product roadmap, technology, and marketing information that should be recognized to be confidential given the nature of the information and the circumstances of disclosure. If something is labeled "Confidential," the Receiving Party understands that the material is confidential. Regardless of the foregoing, Confidential Information does not include information that (i) is or becomes generally available to the public without breach of any obligation owed to the Disclosing Party; (ii) was known to the Receiving Party prior to the Disclosing Party's disclosure without breach of any obligation owed to the Disclosing Party; (iii) is received from a third party without breach of any obligation owed to the Disclosing Party; or (iv)
b. Confidential Information Protection and Use: The Receiving Party will (i) take at least reasonable steps to prevent unauthorized disclosure or use of Confidential Information, and limit access to those employees, affiliates, and contractors who need to know such information in connection with the Service, provided that they are bound to confidentiality obligations at least as stringent as those in these Terms; and (ii) not use or disclose any Confidential Information.
Nothing in the preceding paragraph prevents either party from disclosing Confidential Information to financial and legal experts, provided that such advisors are subject to confidentiality restrictions at least as stringent as those in these Terms.
c. Compelled Access or Disclosure: If required by law, the Receiving Party may access or disclose the Disclosing Party's Confidential Information; provided, however, that the Receiving Party provides the Disclosing Party with prior notice of the compelled access or disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party's expense, if the Disclosing Party wishes to contest the access or disclosure. If the Receiving Party is required by law to access or disclose the Disclosing Party's Confidential Information, the Disclosing Party will reimburse the Receiving Party for the reasonable cost of compiling and providing access to such Confidential Information, as well as any support provided in connection with the Disclosing Party's request for a protective order or confidential treatment for the Confidential Information to be produced.