The following Service Terms apply only to the specific Services to which the Service Terms relate. In the event of a conflict between the terms of these Service Terms and the terms of the Predictive Customer Agreement or other agreement with us governing your use of our Services (the "Agreement"), the terms and conditions of these Service Terms apply, but only to the extent of such conflict. Capitalized terms used herein but not defined herein shall have the meanings set forth in the Agreement.
1. Universal Service Terms (Applicable to All Services)
1.1. You may only use the Services to store, retrieve, query, serve, and execute Your Content that is owned, licensed or lawfully obtained by you. As used in these Service Terms, (a) "Your Content" includes any "Company Content" and any "Customer Content" and (b) "Predictive Content" includes "Predictive Properties". As part of the Services, you may be allowed to use certain software (including related documentation) provided by us or third party licensors. This software is neither sold nor distributed to you and you may use it solely as part of the Services. You may not transfer it outside the Services without specific authorization to do so.
1.2. You must comply with the current technical documentation applicable to the Services (including the applicable developer guides) as posted by us and updated by us from time to time on the Predictive Site. In addition, if you create technology that works with a Service, you must comply with the current technical documentation applicable to that Service (including the applicable developer guides) as posted by us and updated by us from time to time on the Predictive Site.
1.3. You will provide information or other materials related to Your Content (including copies of any client-side applications) as reasonably requested by us to verify your compliance with the Agreement. We may monitor the external interfaces (e.g., ports) of Your Content to verify your compliance with the Agreement. You will not block or interfere with our monitoring, but you may use encryption technology or firewalls to help keep Your Content confidential. You will reasonably cooperate with us to identify the source of any problem with the Services that we reasonably believe may be attributable to Your Content or any end user materials that you control.
1.4. If we reasonably believe any of Your Content violates the law, infringes or misappropriates the rights of any third party or otherwise violates a material term of the Agreement (including the documentation, the Service Terms, or the Acceptable Use Policy) ("Prohibited Content"), we will notify you of the Prohibited Content and may request that such content be removed from the Services or access to it be disabled. If you do not remove or disable access to the Prohibited Content within 2 business days of our notice, we may remove or disable access to the Prohibited Content or suspend the Services to the extent we are not able to remove or disable access to the Prohibited Content. Notwithstanding the foregoing, we may remove or disable access to any Prohibited Content without prior notice in connection with illegal content, where the content may disrupt or threaten the Services, pursuant to the Digital Millennium Copyright Act or as required to comply with law or any judicial, regulatory or other governmental order or request. In the event that we remove content without prior notice, we will provide prompt notice to you unless prohibited by law.
1.5. From time to time, we may offer free or discounted pricing programs covering certain usage of the Services (each, a "Special Pricing Program"). We may stop accepting new sign-ups or discontinue a Special Pricing Program at any time. Standard charges will apply after a Special Pricing Program ends or if you exceed the limitations by the Special Pricing Program. You must comply with any additional terms, restrictions, or limitations (e.g., limitations on the total amount of usage) for the Special Pricing Program as described in the offer terms for the Special Pricing Program or on the pricing page for the eligible Service(s). You may not access or use the Services in a way intended to avoid any additional terms, restrictions, or limitations (e.g., establishing multiple Predictive accounts in order to receive additional benefits under a Special Pricing Program), and we may immediately terminate your account if you do so. Any data stored or instances provided as part of a Special Pricing Program must be actively used.
1.6. If we make multiple discounts or pricing options for a Service available to you at one time, you will only be eligible to receive one discount or pricing option, and will not be entitled to cumulative discounting and pricing options.
1.7. You will ensure that all information you provide to us via the Predictive Site (for instance, information provided in connection with your registration for the Services, requests for increased usage limits, etc.) is accurate, complete and not misleading.
1.8. From time to time, we may apply upgrades, patches, bug fixes or other maintenance to the Service Offerings ("Maintenance"). We agree to use reasonable efforts to provide you with prior notice of any scheduled Maintenance (except for emergency Maintenance) and you agree to use reasonable efforts to comply with any Maintenance requirements that we notify you about.
1.9 If your Agreement does not include a provision on Predictive Confidential Information, and you and Predictive do not have an effective non-disclosure agreement in place, then you agree that you will not disclose Predictive Confidential Information (as defined in the Predictive Customer Agreement), except as required by law.
2. Beta Service Participation.
2.1. This Section describes the additional terms and conditions under which you may access and use certain features, technologies and services made available to you by Predictive that are not yet generally available, including, but not limited to, any products, services, or features labeled "beta", "preview", "pre-release", or "experimental" (each, a "Beta Service"). In the event there is a conflict between the terms of this Section 1.10 and an existing Predictive Beta Test Participation Agreement between you and Predictive, the terms of the existing Predictive Beta Test Participation Agreement will take precedence.
2.2. During the term of the applicable Beta Service or Beta Region (as specified by Predictive), you may: (a) access and use the Beta Service or Service Offerings solely for internal evaluation purposes; and (b) install, copy, and use any related Predictive Content that may be provided to you by Predictive in connection with the Beta Service or Service Offerings ("Beta Materials") solely as necessary to access and use the Beta Service or Service Offerings in the manner permitted by this Section.
2.3. You agree not to allow access to or use of any Beta Service, Service Offerings or Beta Materials by any third party other than your employees and contractors who (i) have a need to use or access the Beta Service, Service Offerings or Beta Materials in connection with your internal evaluation activities, and (ii) have executed written non-disclosure agreements obligating them to protect the confidentiality of non-public information regarding the Beta Service and Beta Materials.
2.5. Predictive may suspend or terminate your access to or use of any Beta Service or Service Offerings at any time and for any reason. Predictive may at any time cease providing any or all of any Beta Service or any Service Offering in its sole discretion and without notice. Beta Services and Services Offerings also may be unavailable and/or their performance may be negatively affected by scheduled and unscheduled maintenance. Predictive will use reasonable efforts to notify you in advance of scheduled maintenance, but Predictive is unable to provide advance notice of unscheduled or emergency maintenance.
2.6. In consideration of being allowed to access and use a Beta Service or Service Offering, you agree to provide Predictive with information relating to your access, use, testing, or evaluation of the Beta Service, Service Offerings or any related Beta Materials, including observations or information regarding the performance, features and functionality of the Beta Service or any related Beta Materials as applicable, when and in the form reasonably requested by Predictive ("Test Observations"). Predictive will own and may use and evaluate all Test Observations for its own purposes. You will not use any Test Observations except for your internal evaluation purposes of the Beta Service.
2.7. Each individual Beta Service and Service Offering will automatically terminate upon the release of a generally available version of the applicable Beta Service or Service Offering or upon notice of termination by Predictive. Notwithstanding anything to the contrary in the Agreement or these Services Terms, either you or Predictive may terminate your participation in a Beta Service or Service Offering at any time for any reason upon notice to the other party. Notwithstanding anything to the contrary in the Agreement, after the conclusion of your participation in a Beta Service or Service Offering for any reason, (a) you will not have any further right to access or use the applicable Beta Service or Service Offering and Beta Materials; (b) your Content used in the applicable Beta Service or Service Offering may be deleted or inaccessible; and (c) you will immediately return or, if instructed by Predictive, destroy all Beta Materials or any other Predictive Confidential Information related to the applicable Beta Service, Service Offering or Beta Materials. If Predictive releases a generally available version of a Beta Service or a Service Offering, your access to and use of the generally available version will be subject to the Agreement and any separate Section of these Service Terms as may be specified for that generally available Service Offering. Predictive does not guarantee that any Beta Service or Service Offering will ever be made generally available, or that any generally available version will contain the same or similar functionality as the version made available by Predictive during the term of the Beta Service, as applicable.
2.8. Beta Materials, Test Observations, Suggestions concerning a Beta Service, or any other information about or involving (including the existence of) any Beta Service are considered Predictive Confidential Information. You will not disclose (including, but not limited to, in a press release or public statement) any Beta Materials, Test Observations, Suggestions concerning a Beta Service, or any other information about or involving (including the existence of) any Beta Service, except as agreed by Predictive in writing.
2.9. ADDITIONAL WARRANTY DISCLAIMERS. WITHOUT LIMITING ANY DISCLAIMERS IN THE AGREEMENT OR THE SERVICE TERMS, THE BETA SERVICES, SERVICE OFFERINGS AND BETA MATERIALS ARE NOT READY FOR GENERAL COMMERCIAL RELEASE AND MAY CONTAIN BUGS, ERRORS, DEFECTS OR HARMFUL COMPONENTS. ACCORDINGLY, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE AGREEMENT OR THESE SERVICES TERMS, Predictive IS PROVIDING THE BETA SERVICES, SERVICE OFFERINGS AND BETA MATERIALS TO YOU "AS IS." Predictive AND ITS AFFILIATES AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE BETA SERVICES, SERVICE OFFERINGS AND BETA MATERIALS, INCLUDING ANY WARRANTY THAT THE BETA SERVICES, SERVICE OFFERINGS AND BETA MATERIALS WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT, INCLUDING YOUR CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. EXCEPT TO THE EXTENT PROHIBITED BY LAW, Predictive AND ITS AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. Predictive’ AND ITS AFFILIATES’ AND LICENSORS’ AGGREGATE LIABILITY FOR ANY BETA SERVICES WILL BE LIMITED TO THE AMOUNT YOU ACTUALLY PAY US UNDER THIS AGREEMENT FOR THE BETA SERVICES THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS PRECEDING THE CLAIM.
2.10. Because the Beta Services and Materials involve features, technologies and services that are not yet generally available, you acknowledge that any violation of this Section 2.10 could cause irreparable harm to Predictive for which monetary damages may be difficult to ascertain or an inadequate remedy. You therefore agree that Predictive will have the right, in addition to its other rights and remedies, to seek injunctive relief for any violation of this Section 2.10.