PLEASE CAREFULLY READ THIS APPLAND END-USER LICENSE AGREEMENT (“AGREEMENT”) BEFORE YOU ACCESS, DOWNLOAD OR USE THE SOFTWARE AND/OR SERVICE AND ANY COMPONENTS THEREOF (THE “SERVICE”) AND RELATED USER DOCUMENTATION (THE “DOCUMENTATION”) CREATED BY OR HOSTED BY APPLAND, INC., A DELAWARE CORPORATION WITH A BUSINESS ADDRESS AT 68 HARRISON AVENUE #605, PMB 22032, BOSTON, MASSACHUSETTS 02111, USA, (“APPLAND”). THE EFFECTIVE DATE OF THIS AGREEMENT IS FEBRUARY 1, 2024; IT WILL GOVERN ANY ACCESS OR USE OF THE SERVICE AFTER SUCH DATE.
BY CLICKING ON THE “ACCEPT” BUTTON, AND/OR DOWNLOADING, INSTALLING OR USING THE SERVICE, YOU ARE STATING THAT YOU HAVE READ THIS AGREEMENT, AGREE TO ALL OF ITS TERMS, AND CONSENT TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE “DO NOT ACCEPT” BUTTON AND/OR DO NOT ACCESS, DOWNLOAD, INSTALL OR USE THE SERVICE AND DOCUMENTATION.
BY CLICKING ON THE “ACCEPT” BUTTON, AND/OR DOWNLOADING, INSTALLING OR USING THE SERVICE, YOU ARE ALSO ACKNOWLEDGING YOUR ACCEPTANCE OF AND AGREEMENT TO ALL TERMS CONTAINED IN (i) THE APPLAND PRIVACY POLICY PUBLISHED HERE https://appmap.io/community/privacy-policy (the “Privacy Policy”) AND THE APPLAND CODE OF CONDUCT PUBLISHED HERE https://appmap.io/community/code-of-conduct.html (“Code of Conduct”).
ACCEPTANCE OF THIS LICENSE AGREEMENT AND PRIVACY POLICY IS REQUIRED AS A CONDITION TO PROCEEDING WITH ACCESS, DOWNLOADING, AND USE OF THE SERVICE AND DOCUMENTATION. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THE LICENSE AGREEMENT, YOU MUST NOT USE OR ACCESS THE SERVICE AND DOCUMENTATION.
IN SOME CASES, YOUR USE OF THE SERVICE MAY REQUIRE THAT YOU DOWNLOAD, ACCESS OR USE THIRD PARTY APPLICATIONS, PLATFORMS, SERVICE, TOOLS OR SOLUTIONS (“THIRD PARTY PLATFORMS”). ACCESS AND USE OF ANY THIRD PARTY PLATFORM IS NOT GOVERNED BY THIS AGREEMENT AND ARE SUBJECT TO THE SPECIFIC TERMS APPLICABLE TO SUCH PLATFORMS AS PROVIDED BY THEIR LICENSORS.
IN CONSIDERATION OF THE MUTUAL BENEFITS AND OBLIGATIONS CONTAINED HEREIN, YOU AND APPLAND HEREBY AGREE AS FOLLOWS:
License Grant and Restrictions. You have agreed to purchase a subscription to, or have been otherwise granted permission to use, the Service, as further detailed on an Appland publicly available pricing page https://appmap.io/pricing (“Pricing Page”). Subject to Your payment of the fees specified on the Pricing Page (where You have purchased a subscription), and your compliance with the terms on the Pricing Page and in this Agreement, Appland grants You a non-exclusive, non-assignable, limited, non-sublicensable, and non-transferable license to access, download and use the Service and Documentation for Your own internal production purposes. You may use the Service and Documentation only during the subscription term specified on the Pricing Page, unless this Agreement is earlier terminated as described below.
Under this Agreement Appland has agreed to provide You with access to proprietary Service, which was developed by Appland at great effort and expense. The Service contains proprietary information and trade secrets belonging to Appland that are protected under copyright and other laws as applicable. Title to and ownership of the Service and all copies thereof and all intellectual property rights related thereto are retained by Appland.
If You provide any feedback, suggestions, ideas, improvements, enhancement requests, or modifications to Appland regarding the Service (“Feedback”), Appland shall own all rights, title, interest and ownership in the Feedback and reserves the right to use and implement any Feedback for the improvement of the Service and for any other purposes.
You may not make copies of the Service, other than for backup or archival purposes. You may print copies of the electronic documentation accompanying the Service solely for Your internal business use. You will reproduce all proprietary rights notices on these copies.
You will not modify, decompile, disassemble, decrypt, extract, or otherwise reverse engineer the Service, or derive source code from or create derivative works based upon all or part of the Service. You will not transfer, lease, assign, sell, make available for timesharing, or sublicense, in whole or in part, the Service. [You may not access the Services if You are Our direct competitor, except with Our prior written consent.] You are not permitted to use the Service or any Third Party Platforms for monitoring their availability, performance or functionality, or for any other benchmarking or competitive purpose or for AI accuracy. Appland does not grant any license or title to any trademarks or trade names under this Agreement.
Certain Service applications may be obtained through Third Party Platforms such as GitHub https://github.com/marketplace/get-appmap and Atlassian https://marketplace.atlassian.com/apps/1233075/appmap-for-confluence?hosting=cloud&tab=overview. In such cases, Your use of the Service will still be governed by the terms of this Agreement, but you may be required to agree to and accept additional Third Party Platform terms.
If we provide You, or You register through a Third Party Platform for a free trial, We will make one or more Services available to You on a trial basis free of charge until the earlier of (a) the end of the free trial period for which You registered to use the applicable Service(s), or (b) the start date of any purchased Service subscriptions ordered by You for such Service(s), or (c) termination by Us in our sole discretion. Additional trial terms and conditions may appear on the trial registration web page. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding.
NOTWITHSTANDING ANY PROVISIONS HEREIN REGARDING REPRESENTATIONS, WARRANTIES AND DISCLAIMERS, DURING THE FREE TRIAL THE SERVICES ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY
Please review the applicable Services Documentation during the trial period so that You become familiar with the features and functions of the Services before You make Your purchase.
EXCLUSION OF WARRANTIES. You expressly acknowledge and understand that the Service may have defects, errors, or deficiencies which cannot or may not be corrected by Appland. The Service is provided "AS IS" without any warranty of any kind. APPLAND DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT. Appland takes no responsibility for the effects of the Service on Your software, hardware, network or related equipment. You understand that You are exclusively responsible for the supervision, management and control of Your computer systems and network and the use of the Service, including but not limited to: (a) assuring proper machine configuration, program installation, audit controls and operating methods, (b) establishing adequate backup plans, (c) implementing sufficient procedures to satisfy Your requirements for security and accuracy of input and output as well as restart and recovery in the event of a malfunction; (d) detecting unauthorized access and viruses and preventing any loss or damage to data or other software; and (e) providing any commercially available software, equipment or services that are required to operate the Service. APPLAND MAKES NO AND DISCLAIMS ALL WARRANTIES REGARDING THIRD PARTY PLATFORMS. Third Party Platforms are governed by the applicable terms and conditions required by the licensors of such offerings.
Support and Feedback. Appland will provide support during Appland’s business hours for Your use of the Service as set forth in the Pricing Page. You may not disclose the results of or information about the Service or Your use thereof to any third party without Appland’s prior written approval. You hereby assign and will assign to Appland all rights, interest, ownership and title in any Feedback, You choose to provide to Appland regarding the Service, whether orally or in writing, including, but not limited to, all patent, copyright, trade secret, or other intellectual property rights in or covering the Service and its evaluation and use.
Confidentiality. You will not (a) disclose the Service, Documentation or any information relating to the Service, including without limitation any ideas, techniques, and concepts contained in or relating to the Service to any third party without the prior written consent of Appland or (b) copy the Service or any portion thereof except as otherwise permitted by this Agreement. In addition, You may not disclose to any third party the terms of this Agreement without the prior written consent of Appland.
Audit. You agree that Appland may audit Your use of the Service to verify Your compliance with the terms of this Agreement and any applicable Order Form. Audit of Your use of the Service may take place in varying forms, including without limitation a requirement that You run reports for or provide information and data to Appland on Your use of the Service, and under no circumstances shall You block or limit Appland’s access to the Service or remove or turn off any reporting functions of the Service. In the event You are found to have breached the terms of the Agreement or Order Form, Appland may immediately terminate this Agreement and the Order Form, and You will be liable for any costs, expenses and damages, and additional fees resulting from your breach.
Customer Data and Privacy Policy. Appland takes data protection, security and privacy seriously. As a result, Appland has implemented robust security measures and requires that You and all end users abide by the Privacy Policy. The data Appland collects and how we use and protect it is described fully in the Privacy Policy https://appmap.io/community/privacy-policy.
The Service, including the AppMap Service described below, and their use do not require or operate based on any personally identifiable information (“PII”) from Your or any user, and Appland does not encourage or support the provision or uploading of any PII. You agree that You will not, at any time and under any circumstances, input any PII into the Service or its related applications. APPLAND MAKES NO WARRANTIES, AND DISCLAIMS ALL RESPONSIBILITY AND LIABILITY, REGARDING ANY PII OR OTHER DATA PROVIDED BY YOU IN VIOLATION OF THE FOREGOING RESTRICTION.
Hosted Service
If You purchase a subscription to an Appland Hosted Service, including those that use Artificial Intelligence (“AI”), or are otherwise granted the right to use such service, the following shall apply to the use and protection of data that is generated, accessed or received in relation to the service:
Customer Data. Any data, text, and any other works of authorship or other works, including source code (collectively, “Customer Data”) that You submit, upload, or otherwise post to or transmit (such actions, collectively, “Upload”) to any Service provided by Appland will only be used to provide responses and suggestions to You. Customer Data is transmitted only to generate responses and suggestions in real-time. Customer Data is not used for any other purpose, including the training of language models. Customer Data is encrypted during transit and is not stored at rest. Customer Data is deleted immediately.
Users of AI services on the Free tier may be subject to 30 day data retention of prompt and response data for the purposes of improving the quality of the service. No Customer Data is used to train or improve any Large Language Models. Appland will not store, upload or transmit any Customer Data if the Customer purchases a license to use its own AI backend services, and You are solely responsible for any data transmission or retention associated with Your configuration and use of the Appland service.
Usage Data. Appland may collect, generate, and derive performance, analytical, or usage data relating to Your access to or use of the service (“Usage Data”). Usage Data will not include any Customer Data. Appland will only use Usage Data to provide the service to You, to monitor the performance and stability of various Appland products and services, and to prevent or address technical issues with the service. Appland may also anonymize Usage Data, aggregate it with other data, and use that aggregated, anonymized data to improve Appland’s products and services.
Code of Conduct. Appland expects You and all members of the Appland community to use the Service and interact with other end users and contributors in a positive and ethical manner. Accordingly, Your commitment and adherence to our Code of Conduct https://appmap.io/community/code-of-conduct.html is a requirement for Your use of the Service and interaction with Appland and other end users. For questions about the Privacy Policy and Code of Conduct, please email support@AppMap.io.
Limitation of Liability. YOU UNDERSTAND AND AGREE THAT APPLAND WOULD NOT PROVIDE THE SERVICE WITHOUT INCLUSION OF THIS SECTION AND THE OTHER WAIVERS AND DISCLAIMERS IN THIS AGREEMENT. IN NO EVENT WILL APPLAND BE LIABLE FOR ANY DAMAGES INCLUDING WITHOUT LIMITATION ANY LOST REVENUE, PROFIT, DATA, OR OTHER SERVICE OR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THEORY OF LIABILITY (INCLUDING NEGLIGENCE) ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE OR ANY THIRD PARTY SOFTWARE OR SERVICES, REGARDLESS OF THE BASIS OF THE CLAIM AND EVEN IF APPLAND KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. APPLAND DISCLAIMS ALL LIABILITY REGARDING THIRD PARTY PRODUCTS.
Termination. Either party may terminate this Agreement at any time for any reason upon 30 days prior written notice (which includes by email) to the other party. Appland may terminate this Agreement immediately in the event You breach this Agreement. Upon termination or expiry of this Agreement, You must return or destroy all copies of any software and Documentation, and those sections of this Agreement which by their nature should survive shall survive termination or expiration of this Agreement.
Miscellaneous. This Agreement and any dispute arising hereunder are governed by the laws of the Commonwealth of Massachusetts, U.S.A., excluding its choice of law provisions, and are subject to the exclusive jurisdiction of the federal and state courts in the Commonwealth of Massachusetts. This Agreement is the entire agreement between You and Appland relating to the Service and: (i) supersedes all prior or contemporaneous oral or written communications, proposals, and representations with respect to its subject matter; and (ii) prevails over any conflicting or additional terms of any quote, order, acknowledgment, or similar communication between the parties. If any provision of this Agreement is held invalid, all other provisions will remain valid. No modification to this Agreement is binding, unless in writing and signed by a duly authorized representative of each party. This Agreement and the license granted hereunder may not be assigned or in any way transferred by You without the prior written consent of Appland. Any attempted assignment, delegation or transfer in violation hereof shall be null and void. Subject to the foregoing, this Agreement shall be binding on the parties and their successors and assigns. All notices to Appland under or in relation to this Agreement shall be sent to legal@appmap.io, Attention: Legal Counsel. Appland may send notices to You at Your address.