TrustMAPP

“Agreement” means this End User License Agreement (EULA)

“Beta” means uses of TrustMAPP that are not generally available to all customers

“Data” means content submitted by or for You to TrustMAPP or collected and processed by or for You using the Service
For purposes of this Agreement, “Data” includes Personal Data submitted by or for You to TrustMAPP or collected and processed by or for You using the Service

“Documentation” means Our online user guides, and associated documentation and training materials, as updated from time-to-time

“Malicious Code” means code, files, scripts, agents, or programs intended to do harm to TrustMAPP, including, for example, viruses, worms, logic bombs and Trojan horses

“Master Software Services Agreement” means a binding agreement between SDS and Your Organization, as applicable

“Order Form” means an ordering document specifying TrustMAPP to be provided hereunder that is entered into between You and Us, including any addenda and supplements thereto
An Order Form may include ancillary Services in support of your access or use of TrustMAPP

“Personal Data” means Data relating to an identified or identifiable natural person

“Privacy Statement” means a public-facing notice of SDS’ privacy practices located at www
trustmapp
com/privacy-statement

“Service Period” means the period of time allotted to You to use TrustMAPP and receive Services in support of Your use of TrustMAPP
Your Organization and SDS define the Service Period in a fully-executed Master Software Services Agreement, where applicable

“Service(s)” means the TrustMAPP Security Performance Management (SPM) platform used by You and/or Your Organization, and made available online by Us, as described in this Agreement
Services may also include ancillary services in support of your access or use of TrustMAPP

“User” means a natural person who is duly authorized by Your Organization to use TrustMAPP, and to whom You (or We, at Your request) have provided access to TrustMAPP
For example, users may include You, Your employees, consultants, contractors, clients, agents, and third-parties with whom You transact business

“We”, “Us”, “Our”, “SDS” or “Secure Digital Solutions” means Secure Digital Solutions, Inc
, a Delaware corporation, headquartered at 5353 Gamble Drive, Suite 300, Saint Louis Park, Minnesota 55416, USA

“You” or “Your” means You, the User of TrustMAPP and/or the Organization for which You are accepting this Agreement
For the sake of clarity, the right to use the Service is specific to such Organization User(s) of said Organization

“Your Data” means electronic data and information submitted by or for You to TrustMAPP or collected and processed by or for You using the Service

Conditional upon Your compliance with this Agreement, SDS grants to You a limited, revocable, non-exclusive, non-assignable, non-sublicensable right use the Service, as it is intended to be used during the Service Period, and in accordance with this Agreement and applicable law
We grant to You no other rights, implied or otherwise

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1
Provision of the Service
We will make the Service available to You pursuant to this Agreement and applicable Order Form(s) and a Master Software Services Agreement (where applicable), provide Our standard support for the Service to You at no additional charge, or upgraded support if Your Organization pays us an additional fee (in accordance with the different service levels We may provide), and use commercially reasonable efforts to make TrustMAPP available twenty-four (24) hours a day, seven (7) days a week, except for:
(a) Planned downtime (but We will try to give You at least eight (8) hours electronic notice and to schedule this downtime during the weekend hours, i
e
5:00 p
m
Friday to 8:00 a
m
Monday, Central Standard time); and
(b) Any unavailability caused by circumstances beyond Our reasonable control, including without limitation act of nature, flood, fire, earthquake, civil unrest, act of terror, strike or other labor problem, Internet service provider (ISP) failure or delay, supporting software failures, act of government, or denial-of-service attack

You acknowledge that We may, from time-to-time at Our sole discretion, issue updates or upgrades, or other amendments, to the Service and automatically update or upgrade the version of the Service that You are using on Your hardware device
You consent to such automatic updating or upgrading on Your hardware device, and agree that this Agreement will apply to all such updates, upgrades or amendments, unless such upgrade, update or amendment is accompanied by a separate license in which case the terms of that license will govern
You acknowledge and agree that We shall have no liability to You arising out of any unavailability of the Service

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2
Our Policies
We may maintain and publish policies regarding Our Service levels (i
e
up-time), data protection, and usage and other subject matter
We may occasionally modify and update these policies and, when We do, We will prominently post the new policies in the Service and/or email You a copy
Once published by Us, the updated policy will be effective and become Our policy relative to its subject matter, replacing and superseding the old policy
These policies, as updated from time-to-time, are hereby incorporated and form part of this Agreement
It is Your responsibility to stay current with all Our policies

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Compliance with the Terms
Our obligation to provide the Service, and Your rights to use the Service, are subject to and conditioned on Your compliance with all of the terms and conditions of this Agreement, including any terms in associated Order Form(s), a Master Software Services Agreement (where applicable), and any of Our Policies

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1
License Options
We offer the Service in several license types to meet the needs of Our customers
The license type applicable to You, and the features of such license type, are set forth in Order Form(s) and a Master Software Services Agreement (where applicable)
In the event that the Order Form and/or a Master Software Services Agreement provide for a specific number of Users, Your license to use the Service is limited to the specified number of Users

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Trial License
If You wish to evaluate the Service prior to purchasing a license, We may grant You a non-exclusive, non-transferable, non-assignable, non-sublicenseable, limited-use license (“Trial License”) to access and/or use TrustMAPP
You agree that You will not put TrustMAPP into productive use and will not include it as part of Your Organization’s business processes in any manner
During the limited term of a Trial License for TrustMAPP, You are authorized to access and/or use TrustMAPP only as strictly necessary to support an evaluation of the Service

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Beta Version
From time-to-time, We may offer a Beta version of TrustMAPP
You acknowledge that the Beta version may be an untested, non-functional, and/or partly functional version of TrustMAPP
If You elect to use the Beta, You do so at Your own risk
We do not warrant that the Beta features will be provided with due care
You will not rely upon the functionality of the Beta features for any purpose whatsoever

The Beta features will be considered part of the Service and all provisions of this Agreement relating to the Service will apply to the Beta features
BETA SERVICES, WHERE OFFERED, ARE PROVIDED “AS IS,” EXCLUSIVE OF ANY WARRANTY WHATSOEVER

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Your Responsibilities
Among any applicable statutes under international, federal, or state laws and regulations, You will also:
(a) Be responsible for Your compliance with this Agreement
(b) Be responsible for the accuracy, quality, and legality of Your Data and the means by which You acquired Your Data and disclosed Your Data to Us