Service Specific Terms

Service Specific Terms

Last Updated: February 16, 2016

The following Service Specific Terms apply only to the specific BitTitan Service Offerings to which the Service Terms relate. In the event of a conflict between the terms of these Service Specific Terms and the terms of the BitTitan User Agreement (the "User Agreement") or other agreement with us governing your use of the BitTitan Service Offerings, the terms and conditions of these Service Specific Terms apply, but only to the extent of such conflict. The Service Specific Terms together with the User Agreement together with any Policies or other terms incorporated herein by reference are collectively referred to as the "Agreement" Capitalized terms used herein but not defined herein shall have the meanings set forth in the Agreement.

BitTitan reserves the right to change or modify any of the terms and conditions contained in this these Service Specific Terms, at any time and in its sole discretion on a prospective basis. If BitTitan makes changes, BitTitan will provide you with notice, such as by sending an email, providing notice through the Service Site or applicable BitTitan Service Offerings or updating the date at the top of these Service Specific Terms. Your continued use of the applicable BitTitan Service Offerings will confirm your acceptance of such changes. We encourage you to frequently review these Service Specific Terms and any other applicable policies and guidelines to ensure you understand the terms and conditions that apply to your use of the BitTitan Service Offerings. If you do not agree to the amended Service Specific Terms, you must stop using the BitTitan Service Offerings.

1. UNIVERSAL BITTITAN SERVICE OFFERING TERMS.

The following terms apply universally to all BitTitan Service Offerings.

a. License Grant. Please see the applicable Service Specific Terms below for the Service License applicable to the BitTitan Service Offering(s) you use. Except to customers for whom you are providing professional services as permitted by the applicable Service License, you may not resell or otherwise transfer or distribute any Service Licenses under this Agreement.

b. License Restrictions. Without limiting any other restrictions set forth in any Service Specific Terms, you may not use any BitTitan Service Offerings in any manner or for any purpose other than as expressly permitted by this Agreement or the Service Specific Terms. Without limitation of the foregoing, any license granted under this Agreement does not include or authorize: (i) publicly performing or publicly displaying any BitTitan Service Offerings; (ii) modifying or otherwise making any derivative use of any BitTitan Service Offerings; (iii) using any data mining, robots or similar data gathering or extraction methods; (iv) downloading (other than page caching) any portion of any BitTitan Service Offerings or any information contained in any BitTitan Service Offerings; (v) reverse engineering or accessing any BitTitan Service Offerings to build a competitive product or service; or (vi) using any BitTitan Service Offerings other than for their intended use. You will not assert, nor will you authorize, assist, or encourage any third party to assert, against BitTitan or any of the BitTitan Parties, any patent infringement or other Intellectual Property Right infringement claim regarding any BitTitan Service Offerings you have used. Each Service License granted under this Agreement is conditioned on your continued compliance with this Agreement and will immediately and automatically terminate if you do not comply with any term or condition of this Agreement.

c. Software. If you receive any software ("Software") from BitTitan, its use is governed in one of two ways: if you are presented with license terms that you must accept in order to use the Software those terms apply; if no license is presented to you, these Service Specific Terms apply. Some BitTitan Service Offerings may utilize third party Software. Your use of third party Software will be governed by the license terms presented to you in connection with your use of the Software, or by Software specific terms incorporated into the license grants contained in this Agreement. BitTitan and its licensors reserve all other rights to the Software. BitTitan may automatically check your version of the Software and download to your computer or device new versions of the Software. Software is licensed, not sold. Unless BitTitan notifies you otherwise, the Software license ends when your BitTitan Service Offerings end. You must then promptly uninstall the Software, or we may disable it. You must not work around any technical limitations in the Software. The Software and related technology are subject to applicable United States export laws and regulations. You must comply with all applicable United States and international export laws and regulations with respect to the Software and related technology. Without limitation, you may not export, re-export or otherwise transfer the Software or related technology, without a United States government license: (i) to any person or entity on any United States export control list; (ii) to any country subject to any United States sanctions; or (iii) for any prohibited end use.

d. Content. You are solely responsible for the content of any data or materials that you or your Authorized Users provide to the BitTitan Service Offerings, including, without limitation, User Materials that you or an Authorized User submit, provide or make available when using the BitTitan Service Offerings. BitTitan does not claim ownership of any User Materials and does not control, verify, or endorse the User Materials. Without limiting the generality of the foregoing, you are responsible for: (i) the nature, quality and accuracy of the User Materials, (ii) compliance of the User Materials with the Acceptable Use Policy and applicable laws, regulations and ordinances; and (iii) any third party claims relating to the User Materials. You represent and warrant that: (x) the storage, use or transmission of the User Materials doesn't violate the Acceptable Use Policy, any applicable laws, regulations or ordinances or this Agreement; (y) providing BitTitan access to any network, computer or communications system, software application, or network or computing device ("User Systems") doesn't violate any agreement or obligation between you and a third party, any applicable laws, regulations or ordinances or this Agreement; and (z) you have provided legally required notice of your use of the BitTitan Service Offerings to all relevant data subjects including, but not limited to, your employees, directors, officers, contractors, and agents, and obtained consent for you to transfer personal information and other User Materials to BitTitan for processing in the United States and other countries..

e. Access. From time to time, BitTitan may need to access your Service Account or the content of User Materials or User Systems in order to maintain, debug or repair your Service Account, your mailbox or other file or folder information (including e-mail addresses and server connection endpoints) or other User Materials. IN ADDITION TO ANY OTHER CONSENT YOU MAY PROVIDE TO BITTITAN (ON BEHALF OF YOURSELF OR AUTHORIZED USERS), YOU, ON BEHALF OF YOURSELF AND AUTHORIZED USERS, AUTHORIZE BITTITAN AND ITS EMPLOYEES OR SUBCONTRACTORS TO ACCESS YOUR SERVICE ACCOUNT AND USER MATERIALS AND MODIFY THE USER MATERIALS STORED THEREIN TO PERFORM ANY REQUESTED DEBUGGING, MAINTENANCE OR REPAIRS. IN THE EVENT THAT YOU REQUEST ASSISTANCE FROM BITTITAN REGARDING YOUR SERVICE ACCOUNT OR USER MATERIALS, YOU (ON BEHALF OF YOURSELF AND AUTHORIZED USERS) REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO GRANT BITTITAN ACCESS TO YOUR SERVICE ACCOUNT OR USER MATERIALS, INCLUDING THE RIGHT TO MAKE ANY MODIFICATIONS BITTITAN DEEMS REASONABLY NECESSARY. You understand that in some cases, this may involve BitTitan's employees or subcontractors viewing, in human-understandable form, the content of User Materials and may result in damage to such content.

f. Security and Backups. Unless otherwise agreed upon in writing, you are solely responsible for maintaining appropriate security, protection and backup of the User Materials. Without limiting BitTitan's obligations elsewhere in this Agreement, neither BitTitan nor the BitTitan Parties are responsible for, nor will they have liability of any kind as a result of, any unauthorized access to, alteration of, or the deletion, destruction, or loss of, or damage to, or failure to store or encrypt, any User Materials or other data that you submit or use in connection with the BitTitan Service Offerings, including as a result of your errors, acts or omissions.

g. Data Security. Without limiting BitTitan's rights elsewhere in this Agreement, BitTitan may delete from its system any and all User Materials in the event you do not access or use the BitTitan Service Offerings for any thirty (30) day period. BitTitan or its employees may in the course of performing the BitTitan Service Offerings become exposed to data, content or communications that are covered by privacy statutes such as the Stored Communications Act, the Wiretap Act, and similar state statutes (e.g., RCW 9.73). You hereby waive rights under and forever release the BitTitan Parties from and agree not to assert any and all claims you may now or in the future have under all such statutes with respect to the BitTitan Service Offerings, and further forever release the BitTitan Parties from and agree to not assert any and all claims you may now or in the future have based on exposure of such information to BitTitan or its employees.

h. Third Party Content. Each Service License, as it relates to any Third Party Content is further subject to any restrictions and limitations specified in the terms and conditions displayed with or referenced in any such Third Party Content.

i. Third Party Service Provider. In the provision of the BitTitan Service Offerings BitTitan may utilize certain Third Party Service Providers. You authorize BitTitan to grant to any Third Party Service Provider the right to use the User Materials and Data as necessary to provide or assist BitTitan to provide the BitTitan Service Offerings and other services contemplated under this Agreement.

j. Supported Data. The BitTitan Service Offerings do not support all types and forms of Data, including without limitation any Data that is corrupted or otherwise defective. Technical limitations regarding supported Data is further detailed in the Documentation and at https://community.bittitan.com.

k. Nominated Processing Locations. BitTitan will process the Data in any location nominated by you. You will not instruct BitTitan to process any Data or nominate any location for the processing of Data in a manner inconsistent with applicable law.

2. ARCHIVE SERVICES

a. Definitions.

(i) "Archive" means a transfer and cloud archival of the Archive Data from one data system to another data system using the applicable Archive Configuration Data and subject to any data limits or other restrictions and conditions set out in the Documentation.
(ii) "Archive Configuration Data" means configuration information about Customer, Customer Personnel or Authorized Users including information related to and for any network, computer or communications system, software application, or network or computing device, login or administration credentials, document folders, mailbox content and backup file information, archiving settings (such as folder mapping and date filters), and information required to set up an archiving gateway (such as port information) and, if necessary to troubleshoot problems during the Archive Services.
(iii) "Archive Data" any content, data or information provided to the Archive Services, including, without limitation, email or document data or files, PST files, archive and backup data and files, and other archived data, files or folders.
(iv) "Archive License Term" means the 12 month period after you purchase a Service License for the applicable Archive Services to initiate an Archive.
(v) " Archive Services" means Personal Archive Services and Enterprise Archive Services, collectively.
(vi) "Enterprise Archive Services" mean the document and mailbox content cloud archiving services made available by BitTitan for use by enterprise users for enterprise use.
(vii) "Personal Archive Services" mean the web-based document and mailbox content cloud archiving services made available by BitTitan for use by individuals for personal use.

b. Temporary Data Storage. BitTitan may offer temporary storage of your Archive Data not exceeding 100GBs in its sole discretion. You understand and acknowledge that this temporary storage may occur in the United States of America and may be commingled with other Archive Data.

c. Enterprise Archive Services.

(i) Physical Discs. In some instances, BitTitan may require that you provide a physical disc containing your Archive Data in order to perform the Archive. If BitTitan requires you to provide a physical disc containing your Archive Data, BitTitan will perform the Enterprise Archive Services on your behalf and the license set forth in Section 2(c)(ii) below will not apply to you. Please see BitTitan's Security Overview for information about its security practices in connection with your Archive Data.
(ii) Enterprise Archive Services License Grant. Subject to the terms and conditions of this Agreement, and unless you have provided a physical disc containing your Archive Data pursuant to Section 2(c)(i) above, BitTitan hereby grants you a limited, non-exclusive and transferable license to access and use the Enterprise Archive Services during the Archive License Term solely to initiate, manage and perform Enterprise Archive Services on behalf of yourself or, if applicable, on behalf of Authorized Users.
(iii) Indemnification. Without limiting your obligations under Section 8(a) of the User Agreement, you will defend, indemnify and hold harmless BitTitan and the BitTitan Parties from and against any third party claims, suits or actions and any resulting damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to: (i) use of the Archive Site or the Archive Services by you and Authorized Users; or (ii) BitTitan's accessing of the User Systems in accordance with this Agreement.

d. Personal Archive Services. Personal Archive Services License Grant. Subject to the terms and conditions of this Agreement, BitTitan hereby grants you a limited, non-exclusive and transferable license to access and use the Personal Archive Services during the Archive License Term solely to initiate, manage and perform Individual Archive Services on behalf of yourself or, if applicable, on behalf of Authorized Users.

3. DEPLOYMENTPRO SERVICES

a. Definitions.

(i)" Deployment" means using the Deployment Configuration Data to reconfigure existing Deployment Local Clients by adding a new profile to connect to nominated and supported Deployment Electronic Service Accounts, subject to any data limits or other restrictions and conditions set out in the Documentation.
(ii)" Deployment Configuration Data" means the configuration and access credential information of Local Clients and Electronic Service Accounts, including Messaging Application Program Interface (MAPI) data, usernames, passwords, e-mail address, or any other similar content and data.
(iii)" Deployment Data" means the content and information concerning local machines, devices, internet protocol data, registry information, network configurations, local software, Deployment Local Clients, Electronic Service Accounts, and other content or data related to the DeploymentPro Services.
(iv)" Deployment Electronic Service Accounts" means Microsoft Office365 or any other service accounts that may be configured to connect to the DeploymentPro Local Clients.
(v)" DeploymentPro Services" means the web-based deployment services made available by BitTitan, together with the DeploymentPro Software, applicable Site Materials.
(vi)" DeploymentPro Software" means the software downloaded by the Customer or Authorized User to perform Deployments using the DeploymentPro Services.
(vii) " DeploymentPro License Term" means the 12 month period after you purchase a Service License for the DeploymentPro Services to initiate a Deployment.
(viii)" Deployment Local Client" means MicrosoftOutlook® clients or any other existing local software or applications that are supported by DeploymentPro set out in the Documentation.

b. DeploymentPro Services License Grant. Subject to the terms and conditions of this Agreement, BitTitan hereby grants you a limited, non-exclusive and transferable license to access and use the DeploymentPro Services and DeploymentPro Software during the DeploymentPro License Term solely to initiate, manage and perform Deployments on behalf of yourself or, if applicable, on behalf of Authorized Users.

4. ENCRYPTION SERVICES

a. Definitions

(i) "Customer Device" means the devices and machines (including mobile devices, laptop and desktop computers, and tablets) connected to and compatible with the User Systems and supported by the Encryption Software, as set out in the Documentation.
(ii) "Customer Personnel" means your employees, independent contractors, agents and consultants who are authorized or otherwise designated or permitted by you to access and use the Encryption Services for the benefit of you. Customer Personnel excludes any Excluded Authorized Users.
(iii) "Customer Personnel Materials" means the supported content and information for Encryption Services, which may include emails, contacts, calendar and tasks, and other content or data submitted to and supported by the Encryption Network by Customer or the Customer Personnel.
(iv) "Encryption Electronic Service Accounts" means Microsoft Office365 or any other service accounts that may be configured to connect to the Encryption Local Clients.
(v) "Encryption Services" means the web-based encryption services to encrypt and decrypt the Customer Personnel Materials, including the Technical Connections, Encryption Software, and Encryption Network.
(vi) "Encryption License Term" means the period commencing on the first date that Customer uses the Encryption Services and ending on termination of the User Agreement in accordance with Section 13 thereof or termination of the Encryption Services in accordance with Section 4(g) of these Service Specific Terms.
(vii) "Encryption Local Client" means MicrosoftOutlook® clients or any other existing local software or applications that are supported by the Encryption Services set out in the Documentation.
(viii) "Encryption Network" means the network of systems that host and maintain the Technical Connection and Encryption Software.
(ix) "Encryption Software" means the software that encrypts and decrypts the Customer Personnel Materials.
(x) Excluded Authorized User" means any person, firm or entity that is, during the term of this Agreement, on (A) the United States Treasury Department's list of Specifically Designated Nationals, (B) the United States Department of Commerce's Denied Persons List or Entity List, or (C) any other United States export control list.

b. Encryption Service License. Subject to the terms and conditions of this Agreement, BitTitan hereby grants you a limited, non-exclusive and transferable license to access and use the Encryption Services and Encryption Software during the Encryption License Term solely to initiate, manage and perform encryptions of Customer Personnel Materials on behalf of yourself or, if applicable, on behalf of Customer Personnel.


c. Registration. The Encryption Services are not compatible with Outlook Web Access. After you have successfully registered for an Encryption Account, BitTitan will within a commercially reasonable amount of time create and provide to you a personalized URL that you can use to access your encrypted e-mail mailbox from the Internet. Your personalized URL will use the same login information as your Encryption Account.


d. Encryption Server; Protection of Your Encryption Account and Connection Information. After you have successfully registered for an Encryption Account, BitTitan will within a commercially reasonable amount of time (but not before you have provided the necessary Encryption Configuration Information ), commence the Encryption Services by routing your User Materials through a BitTitan encryption server (the "Encryption Server"). BitTitan will continue Encryption Services during the Encryption License Term. You understand and acknowledge that any downtime of the Encryption Server will result in downtime of connectivity to your User Materials (except to the extent such User Materials have been downloaded on your local machine prior to any Encryption Server downtime). You will: (i) maintain the security of your Encryption Account by not sharing your login credentials with others and restricting access to your Encryption Account; (ii) promptly notify BitTitan if you discover or otherwise suspect any security breaches related to the Encryption Services, including if your login credentials have been compromised; and (iii) take sole responsibility for all activities that occur under your Encryption Account and accept all risks of unauthorized access. Any distribution by you of your login credentials may result in termination of your access to the Encryption Services.

e. Commencement of the Encryption Services; Service Levels.

(i) Initial Configuration. You will provide the Encryption Configuration Data and any other data necessary for BitTitan to connect the Encryption Network with (i) the User Systems and (ii) the Electronic Service Account ("Technical Connection"). BitTitan will configure the Encryption Network to act as a gateway between the User Systems and the Encryption Electronic Service Account. You acknowledge that there may be downtime of the User Systems, Customer Device, Encryption Network, Encryption Electronic Service Account, or other network or system that supports the Technical Connection (including hardware or software failures, protocol changes by e-mail account or systems providers, intentional data blockages by e-mail account or systems providers, internet outages, acts of god or other disasters, scheduled or unscheduled maintenance, or other causes either within or outside BitTitan's control). In the event of any downtime described in the preceding sentence, Customer agrees that its sole and exclusive remedies are set out in the service levels set forth in Section 4(e)(iv) below.
(ii) Configuration Information. Upon your creating an Encryption Account, BitTitan will ask you to provide certain configuration information for yourself and your Customer Personnel, including User Systems information, administrative credentials, User Credentials, e-mail mailbox contents and address book information, migration settings (such as folder mapping and date filters), information required to set up a mailbox gateway (such as port information) and, if necessary to troubleshoot problems during the Encryption Services (the "Encryption Configuration Information"). You must provide complete and accurate Encryption Configuration Information, otherwise the Cutover and Encryption Services may not work properly. You are solely responsible for providing complete and accurate Encryption Configuration Information for yourself and any Customer Personnel. Please see our our Privacy Policy for information about how BitTitan uses information of its users.
(iii) Cutover. Once you have provided your Encryption Configuration Information, BitTitan will work with you to schedule a cutover, which will involve modifications to your Microsoft exchange records with your domain name system provider (the "Cutover"). You will cooperate with BitTitan to schedule the Cutover. You understand that the Encryption Services will not commence until a Cutover has been successfully completed. You will and are solely responsible to, maintain appropriate security protection and backup of all User Materials prior to Cutover, including appropriate redundancy to avoid any data loss. BitTitan is not responsible for any data loss, including loss of any User Materials, resulting from or related to the Cutover. In the event of any failed Cutover, BitTitan will notify you and you will to cooperate with BitTitan to perform any related troubleshooting.
(iv) Service Levels. The Encryption Services availability objective ("Availability Objective") is a measure of the time that you (and, where applicable, your Customer Personnel) are guaranteed to be able to access and utilize the Encryption Services. The Availability Objective is expressed on a monthly basis.

The Availability Objective measures the percentage of time the Encryption Services are available to you (and, where applicable, your Customer Personnel) during a month. The actual Availability Objective will be calculated as follows:

 

WHERE:

"Excluded Time" means the number of minutes during any Force Majeure Events and Scheduled Maintenance.

"Force Majeure Event" is any occurrence or contingency beyond BitTitan's reasonable control, including but not limited to, acts of God, riots, acts of terrorism, war, any negligent act by you or your Customer Personnel, and any problem with any system or technology not in BitTitan's control, including without limitation any problem associated with the Internet, a telecommunications service provider, applications, equipment or facilities located on your or your Customer Personnel' premises or systems, BitTitan's, your or your Customer Personnel' ISP, or any third-party interface that the Encryption Services rely upon, including, without limitation, Microsoft Office365

"Potential Uptime" is the number of minutes in the calendar month less Excluded Time.

"Outage Time" is the number of minutes that the Encryption Services were unavailable to you or, where applicable, your Customer Personnel, during the calendar month. For purposes of the calculation above, Outage Time does not include Excluded Time.

"Scheduled Maintenance" is any non-emergency maintenance on the Encryption Services of which the Customer is notified 72 hours in advance.Should the Availability Objective drop under 99.9% under the terms of this Section 5(e), BitTitan will credit you five percent (5%) of the Encryption Fees you paid in the month during which the Availability Objective dropped below 99.9%. To receive any applicable credit, you must notify BitTitan within thirty (30) days of the end of the month during which the Availability Objective dropped under 99.9% and provide reasonable documentation showing that the Availability Objective dropped under 99.9% during that month.

f. Use of the Encryption Services. You may use the Encryption Services, on a non-exclusive basis, solely in strict compliance with this Agreement and all laws, rules, and regulations applicable to your use of the Encryption Services. The Encryption Services are only available to users (including your Customer Personnel) who meet the eligibility requirements in Section 4(a).

g. Termination. Without limiting its rights to terminate under Section 12 of the User Agreement, BitTitan may also terminate your access or use the Encryption Site or Encryption Services in the event of any adverse law, regulator ruling, judicial decision or other event related to the legality or that negatively impacts the practicality of providing the Encryption Services.

h. Effect of Termination.

(i) In the event of any termination, your rights under these Service Specific Terms for the Encryption Services will immediately terminate. Upon termination, you must take immediate steps to decrypt all User Materials and migrate your User Materials from the Encryption Services and Encryption Server to a new destination of your choice within thirty (30) days after termination (the "Termination Migration"). Your obligation to comply with all terms and conditions of these Service Specific Terms and to pay the Encryption Fees will continue until you have successfully completed the Termination Migration. You may elect to have BitTitan perform the Termination Migration, subject to additional fees, including fees for the MigrationWiz Services (defined in Section 5 below). After the thirty (30) day Termination Migration period, BitTitan reserves the right to uninstall or disable any Software previously provided to you, delete your Encryption Account and all User Materials, Configuration Information, User Credentials and any other information, without liability to you.
(ii) If BitTitan terminates these Service Specific Terms for cause, or if you terminate the Agreement, you will not be eligible for any refund. If BitTitan terminates these Service Specific Terms other than for Cause, BitTitan will refund any Encryption Fees that have been paid by you directly to BitTitan for any Encryption Services that have not been initiated prior to such termination, except to the extent required during any Termination Migration period under Section 4(h)(ii). If you purchased or otherwise acquired Third Party Services, then if BitTitan terminates this Agreement you should look to the provider of such Third Party Services for any refund.

i. Export Restrictions. The Encryption Services, Software, Documentation and any related technical data, and products utilizing the Encryption Services, Software, Documentation or such technical data (collectively, "Controlled Technology") may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You must not, and must not permit any third parties to, export, re-export or release, directly or indirectly any Controlled Technology to a jurisdiction or country to which the export, re-export or release of any Controlled Technology is prohibited by applicable federal law, regulation or rule. You agree to comply with all applicable federal laws, regulations and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting or re-exporting any Controlled Technology.

5. MIGRATIONWIZ SERVICES

a. Definitions

(i) "Migration" means a migration of the Migration Data from one data system to another data system using the Configuration Data applicable to the Migration and subject to any data limits or other restrictions and conditions set out in the Documentation.
(ii) "Migration Data" means the content and information, including emails, contacts, calendar and tasks, libraries, documents, public folders, and other content or data submitted for Migration by Customer or the Authorized User.
(iii) "MigrationWiz License Term" means the 12 month period after you purchase a Service License for the MigrationWiz Services to initiate a Migration.
(iv) "MigrationWiz Services" the web-based data migration services made available by BitTitan, together with the Site Materials and the Services Site applicable to the data migration services.

b. MigrationWiz Services License Grant. Subject to the terms and conditions of this Agreement, BitTitan hereby grants you a limited, non-exclusive and transferable license to access and use the MigrationWiz Services during the MigrationWiz License Term solely to initiate, manage and perform Migrations on behalf of yourself or, if applicable, on behalf of Authorized Users.

6. USERACTIVATION SERVICES

a. Definitions

(i) "Activation" means, with respect to an Authorized User and only as related to activating Microsoft Office 365 Accounts, using the applicable Activation Configuration Data to (a) identifying and processing various electronic services (including such services as email, instant messaging, VPN calling, document collection, etc.), (b) selecting desired electronic services and features, and (c) activating such electronic services and features.
(ii) "Activation Configuration Data" means the configuration data (including source email, source user name, source password, destination email, destination user name; and destination password) of Authorized User related to the UserActivation Services.
(iii) "UserActivation License Term" means the 12 month period after you purchase a Service License for the UserActivation Services to initiate an Activation.
(iv) "UserActivation Services" the Activation services performed or to be performed by BitTitan together with the applicable Services Site. The UserActivation Services may include MigrationWiz Services (defined above).

b. UserActivation Services License Grant. Subject to the terms and conditions of this Agreement, BitTitan hereby grants you a limited, non-exclusive and transferable license to access and use the UserActivation Services during the UserActivation License Term solely to initiate, manage and perform Activations on behalf of yourself or, if applicable, on behalf of Authorized Users.

7. CLOUDARCHIVE SERVICES

a. Definitions

(i) "CloudArchive Services" means the cloud-based email archival storage service offered by BitTitan together with the applicable Services Site.

(ii) "CloudArchive License Term" means the 12 month period after you purchase a Service License for the CloudArchive Services.

(iii) "CloudArchive Mailbox" means an email mailbox containing the CloudArchive Data.

(iv) "CloudArchive Data" means any content, data or information submitted to the CloudArchive Services, including, without limitation, email or document data or files, NSF files, PST files, archive and backup data and files, and other archived data, files or folders.

b. CloudArchive Services License Grant. Subject to the terms and conditions of this Agreement, BitTitan hereby grants you a limited, non-exclusive and transferable license to access and use the CloudArchive Services during the CloudArchive License Term solely to initiate, manage, and perform CloudArchive Services for yourself or on behalf of Authorized Users.

c. CloudArchive Setup. In order to initiate the CloudArchive Services, you must create a tenant on the CloudArchive user interface, which may require interaction with third party services (e.g., Sonian Archiving). You must also migrate the CloudArchive Mailboxes to your CloudArchive tenant account and configure each CloudArchive Mailbox to journal to the CloudArchive tenant account.

d. Annual Subscription Billing. You are entering into an annual subscription contract with BitTitan for the CloudArchive Services and you will be charged the annual subscription Fee identified on the Services Site or in your Services Account ("Subscription Fee") for your use of the CloudArchive Services. In addition to this initial Subscription Fee, you hereby authorize BitTitan to charge the Subscription Fee to the credit card or other payment method you provide on or about the 5th day of each month for any additional Service Licenses acquired during the CloudArchive License Term and following the yearly anniversary date of your subscription. Your Subscription Fee charge will continue each year unless and until you terminate your use of the CloudArchive Services in accordance with Section 7(e).

e. Termination of CloudArchive Services.

(i) Termination. To terminate your subscription to the CloudArchive Services, you must provide BitTitan with email notice at least 30 days in advance of your next renewal date or your CloudArchive Service License will renew for an additional 12-month period and the Subscription Fee will be charged automatically to your chosen payment method. EXCEPT AS SET OUT IN SUBSECTION (III) BELOW, ANNUAL PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR A PARTIAL CLOUDARCHIVE SERVICE TERM. If you are located in the EU, you consent that the supply of the CloudArchive Services may begin immediately following the completion of your purchase and you acknowledge that you therefore will lost any statutory rights to withdraw and receive a refund.
(ii) Effect of Termination.In the event of any termination, your rights under these Service Specific Terms for CloudArchive Services will immediately terminate. Upon termination, you must take immediate steps to export all CloudArchive Data from the CloudArchive Services to a new destination of your choice within thirty (30) days after termination (the “Termination Export”). Your obligation to comply with all terms and conditions of these Service Specific Terms and to pay the Subscription Fees will continue until you have successfully completed the Termination Export. You may elect to have BitTitan perform the Termination Export, subject to additional fees, including, if applicable, fees for the MigrationWiz Services (defined in Section 6 below). You may also elect to perform the Termination Export without the assistance of BitTitan, using the CloudArchive Services interface. Additional fees may apply. After the thirty (30) day Termination Export period, BitTitan reserves the right to uninstall or disable any Software previously provided to you, delete your CloudArchive account and all CloudArchive Data and any other information, without liability to you. Your Termination Export will be subject to the CloudArchive Data export limitations, terms and conditions set forth in Section 7(e)(iv) below.
(iii) Subscription Fees on Suspension or Termination. In the event BitTitan suspends you from accessing or using the CloudArchive Services pursuant to the User Agreement, you will you will not be eligible for any refund, but you also will not be responsible for any future Subscription Fees during the suspension. If BitTitan terminates these Service Specific Terms for cause, or if you terminate the Agreement, you will not be eligible for any refund. If BitTitan terminates these Service Specific Terms other than for Cause, refunds will be handled in accordance with Section 7(c) of the User Agreement. If you purchased or otherwise acquired Third Party Services, then if BitTitan terminates this Agreement you should look to the provider of such Third Party Services for any refund.
(iv) Export of CloudArchive Data. You may export your CloudArchive Data (including in a Termination Export), subject to the following limitations, terms and conditions:

(1) For self-service Termination Exports, the export is limited to 15,000 messages maximum per search for CloudArchive Data to be exported, and 3.5 GB of total CloudArchive Data. For instructions on how to perform a self-service Termination Export, please email support@bittitan.com.
(2) For BitTitan assisted Termination Exports, please open a support ticket with BitTitan and provide the following information:

A. Account Name
B. Search name(s) and ID(s), of the data to be exported
C. The format that the data is to be exported to (EML or PST)
D. A temporary username and password with Search Admin permissions to the archive so that E. BitTitan may access to begin the export process
F. How you would like the CloudArchive Data returned (Secure links or Hard drive)
G. Whether you are ceasing all current and future use of the CloudArchive Services.

(3) For all exports:

A. BitTitan does not export CloudArchive Data separated by Customer Personnel, all data is in a combined file or files
B. If specific searches are to be exported, you will need to provide a search ID. The search ID is located under the URL where you access a search
C. Anything outside of the standard exporting service will be subject to a separate professional services agreement and specific pricing; and
D. Approximate timelines to complete exports are as follows:

8. MISSIONCONTROL SERVICES

a. Definitions

(i) “MissionControl License Term” means the recurring subscription periods described in Section 8(f) below until such periods are terminated in accordance with this Agreement.
(ii) “MissionControl Data” means the data (including document and user-meta data such as document names, collaborators, permissions, attributes, or other data concerning Microsoft Office 365, Microsoft Exchange, Microsoft Azure Active Directory, or Microsoft Azure applications or services) of Authorized Users related to or required to provide the MissionControl Services.
(iii) “MissionControl Services” means the cloud-based enterprise knowledge management service offered by BitTitan together with the applicable Services Site.
(iv) “MissionControl Terms” means the terms of service available here.

b. MissionControl Services License Grant. Subject to the terms and conditions of this Agreement, BitTitan hereby grants you a limited, non-exclusive, and transferable license to access and use the MissionControl Services during the MissionControl License Term on behalf of yourself or, if applicable, on behalf of Authorized Users to provide professional services to such Authorized Users.

c. Third Party Terms; Third Party Privacy Policy. Your use of the MissionControl Services is governed by this Agreement and MissionControl Terms. By acquiring a Service License for the MissionControl Services, you agree to the MissionControl Terms on behalf of yourself and your Authorized Users and you will ensure that each Authorized User will also agree to the MissionControl Terms, as applicable. Similarly, when interacting with such MissionControl Services outside of your Services Account, the privacy policy located here will apply to you. In the event of any conflict or inconsistency between this Agreement and the MissionControl Terms that affects BitTitan, this Agreement will control as between you and BitTitan.

d. Responsibility for Authorized Users. Without limiting anything in Section 6(b) of the User Agreement or Section 8(c) above, for this Agreement and with respect to compliance with the MissionControl Terms, the acts or omissions of any of your Authorized Users are considered your acts or omissions.

e. Support. BitTitan will provide telephone support [Monday through Friday from 9:00 a.m. to 5:00 p.m., Pacific Time, excluding holidays observed by BitTitan]. BitTitan will provide email support 24 hours a day, seven days a week, excluding holidays observed by BitTitan. Email support can be reached at support@bittitan.com.

f. Subscription Billing.

(i) Monthly Subscriptions. If the Services Site for MissionControl Services states that your MissionControl Services will be provided on a monthly subscription basis, you will be charged the monthly subscription Fee identified on the Services Site or in your Services Account ("Monthly Fee") for each Service License for the MissionControl Services. You will pay your first Monthly Fee when you purchase the applicable number of Service Licenses for the MissionControl Services. Thereafter, you hereby authorize BitTitan to charge the Monthly Fee to the payment card you provide on or about the 5th day following the monthly anniversary date of your subscription. If you add Service Licenses during a particular month (for example, you started January with 100 Service Licenses and added 25 more during the month) your payment card will be charged the following month (in the example above, February) and each month thereafter for then-current total number of Service Licenses (in the example above, 125 Service Licenses). Notwithstanding the foregoing, BitTitan will charge you immediately for the additional Service Licenses if the volume of additional Service Licenses exceeds your initial volume by 50% (e.g. if you started January with 100 Service Licenses and added 60 more, you would be charged for those 60 immediately and on a monthly basis thereafter). Your Monthly Fee charge will continue each month unless and until you terminate your use of the MissionControl Services in accordance with Section 8(g). You will only purchase additional Service Licenses from BitTitan and not from any applicable Third Party Service Provider.

(ii) Annual Subscriptions. If the Services Site for MissionControl Services states that that your MissionControl Services will be provided on an annual subscription basis, you will be charged the annual subscription Fee identified on the Services Site or in your Services Account ("Annual Fee") for each Service License for the MissionControl Services. You will pay your first Annual Fee when you purchase the MissionControl Services. Thereafter, you hereby authorize BitTitan to charge the Annual Fee to the payment card you provide on or about the 5th day following the yearly anniversary date of your subscription. If you add Service Licenses over the course of a subscription year (for example, you started January with 100 Service Licenses and added 25 more in May), your subscription for those additional license will be a monthly subscription subject to the payment terms set forth in Section 8(f)(i) above. Your Annual Fee charge will continue each year unless and until you terminate your use of the MissionControl Services in accordance with Section 8(g). You will only purchase additional Service Licenses from BitTitan and not from any applicable Third Party Service Provider.

g. Termination.

(i) Termination. To terminate your subscription to the MissionControl Services, you must provide BitTitan with email notice at least 30 days in advance of your next renewal date or your Service Licenses for MissionControl Services will renew for an additional monthly or annual period, as applicable, and the applicable Monthly or Annual Fee will be charged automatically to your chosen payment card. EXCEPT AS SET FORTH IN SUBSECTION (III) BELOW, MONTHLY FEES AND ANNUAL FEES ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR A PARTIAL MISSIONCONTROL SERVICES TERM. If you are located in the EU, you agree that the supply of the MissionControl Services may begin immediately following the completion of your purchase and you acknowledge that you therefore will lost any statutory rights to withdraw and receive a refund.

(ii) Effect of Termination. In the event of any termination, your rights under these Service Specific Terms for MissionControl Services will immediately terminate and you will cease using the MissionControl Services immediately. You will delete all copies of any Software in your files or environment or on any machines or systems.

(iii) Subscription Fees on Suspension or Termination. In the event BitTitan suspends you from accessing or using the MissionControl Services pursuant to the User Agreement, you will not be eligible for any refund, but you will not be responsible for any future Monthly Fees or Annual Fees incurred in an automatic renewal that occurs during the suspension. If BitTitan terminates these Service Specific Terms for Cause, or if you terminate the Agreement, you will not be eligible for any refund. If BitTitan terminates these Service Specific Terms other than for Cause, refunds will be handled in accordance with Section 7(c) of the User Agreement.

9. SALESAUTOMATION SERVICES

a. Definitions

(i) “Lead Data” means contact and other relevant information made available to you by BitTitan through the SalesAutomation Services or independently obtained by BitTitan.
(ii) “Your Data” means any content, data or information provided to the SalesAutomation Services by you or an Authorized User.
(iii) "Lead" means any person or business whose information appears in Lead Data licensed to you in connection with the SalesAutomation Services
(iv) “SalesAutomation Services” means the web-based sales campaign management services, including without limitation the data augmentation, sales scripting, monitoring, and sales calling platform offered by BitTitan together with the Services Site.
(v) "Your Services" means any service or technology offered or licensed by you to any Lead, including the BitTitan Service Offerings as applicable.
(vi) “SalesAutomation License Term” means the period commencing on the first date that you use the SalesAutomation Services and ending on termination of the User Agreement in accordance with Section 12 thereof or termination of the SalesAutomation Services by BitTitan in its sole discretion.

b. SalesAutomation Services License Grant. Subject to the terms and conditions of this Agreement, BitTitan hereby grants you a internal, limited and non-exclusive license to access and use the SalesAutomation Services during the SalesAutomation License Term.

c. Internal Use. During the SalesAutomation License Term, you may use SalesAutomation Services solely on behalf of yourself, if applicable, on behalf of Authorized Users and shall not use or display SalesAutomation Services publicly in any way. You shall ensure that no third parties are permitted to use, access or view the SalesAutomation Services. Without limiting the foregoing, you may retain, store or cache any Lead Data for your own internal business purposes only. You must use the Lead Data in compliance with applicable law and as set out in this Section 9.

d. General Restrictions on Use of Lead Data.

(i) You must not use Lead Data to directly or indirectly send, transmit, handle, distribute or deliver: (a) unsolicited email (“spam” or “spamming”); (b) engage in any unfair or deceptive trade practice involving any of Your Services; or (c) make any false, misleading or disparaging representations or statements with regard to the Your Services or BitTitan. You warrant ongoing and prompt compliance with all opt out, unsubscribe, “do not call” and “do not send” requests and shall promptly notify BitTitan of any such requests.

(ii) You must not to use the Lead Data to violate any local, provincial/state, federal or international laws or regulations (including but not limited to those related to spamming, e-commerce, obscenity, defamation or privacy); or to encourage or facilitate any illegal activities; or to harass, threaten or embarrass any person or organization; or to promote MLM (multi-level marketing) or Ponzi schemes; or to distribute illegal, pornographic or potentially harmful or offensive information, photos, software or materials, or include links to Web pages containing any such items.

 

 

e. Country Specific Compliance

(i) United States. For Leads in the United States, you must: (a) initiate and maintain any communication in accordance with all applicable laws, including without limitation the Assault of Non-Solicited Pornography and Marketing Act of 2003 (CAN-SPAM Act), including following unsubscribe instructions and avoiding the use of problematic spamming techniques, the Do-Not-Call Implementation Act, the Telephone Consumer Protection Act (TCPA) and all FCC and FTC rules and regulations; (b) not require any Leads to provide any data except as reasonably necessary to complete the purchase of Your Services; (c) will not contact any Lead more than once per day and only during normal business hours, and will never contact a Lead on a personal mobile device or other personal communications device (including personal email address) except as expressly authorized by the Lead; (d) at all times interact with Leads in a professional manner and not use high pressure or other offensive sales tactics; and (e) cease all contact with Lead and notify BitTitan after five (5) unsuccessful attempts at selling Your Services.

(ii) Canada. For Leads in Canada, you must: (a) initiate and maintain any communication in accordance with all applicable laws, including without limitation Canada’s Anti-Spam Legislation (CASL); (b) not require any Leads to provide any data except as reasonably necessary to complete the purchase of Your Services; (c) not contact any Lead more than once per day and only during normal business hours, and will never contact a Lead on a personal mobile device or other personal communications device (including personal email address) except as expressly authorized by the Lead; (d) at all times interact with Leads in a professional manner and not use high pressure or other offensive sales tactics; and (e) cease all contact with Lead and notify BitTitan after five (5) unsuccessful attempts at selling Your Services.

(iii) European Union. For Leads in Member States of the European Union, Program Participant will: (a) initiate and maintain any communication in accordance with all applicable laws, including without limitation the European Union’s Directive 2002/58 on Privacy and Electronic Communications; (b) not require any Leads to provide any data except as reasonably necessary to complete the purchase of Your Services; (c) will not contact any Lead more than once per day and only during normal business hours, and will never contact a Lead on a personal mobile device or other personal communications device (including personal email address) except as expressly authorized by the Lead; (d) at all times interact with Leads in a professional manner and not use high pressure or other offensive sales tactics; and (e) cease all contact with Lead and notify BitTitan after five (5) unsuccessful attempts at selling Your Services.

f. Best Practices

To avoid unintentional violations of this Section 9, you should consider:

  • Complying with the DAA Self-Regulatory Principles and the NAI Code of Conduct.
  • Sending electronic communications only to Leads that have provided their contact information or written (including electronic) permission to send communications to them and have not withdrawn that permission, or have purchased or negotiated a purchase from you without objecting to promotional content sent to them;
  • Removing any prospects or leads that didn’t explicitly request email marketing;
  • Checking if Leads are listed in opt-out registers before making contact;
  • Providing a working unsubscribe mechanism which removes Leads from any contact list within 48 hours;
  • Ensuring identifying information is clear and the message content is relevant to the Lead.

10. BETA SERVICES

a. Definitions

(i) “Beta” means any version of a software application ready for testing.
(ii) “Beta Data” means any content, data or information provided to the Beta Services, including, without limitation, email or document data or files, PST files, archive and backup data files, configuration data, content and information concerning local machines, devices, internet protocol data, registry information, network configurations, local software, and other content or data submitted to the Beta Services by you or an Authorized User.
(iii) “Beta Services” means the Beta versions of BitTitan Service Offerings subject to the BitTitan User Agreement and Service Specific Terms. Beta Services will be clearly designated as beta, pilot, preview, limited release, developer preview, non-production, evaluation or by a description of similar import.
(iv) “Beta Services License Term” means the period commencing on the first date that you use the Beta Services and ending on termination of the User Agreement in accordance with Section 12 thereof or termination of the Beta Services by BitTitan in its sole discretion.

b. Beta Services License Grant. Subject to the terms and conditions of this Agreement, BitTitan hereby grants you a limited and non-exclusive license to access, test and evaluate the Beta Services during the Beta Services License Term.

c. Permitted Use. During the Beta Services License Term, you may use Beta Services solely on behalf of yourself, if applicable, on behalf of Authorized Users and shall not use or display Beta Services publicly in any way. You shall ensure that no third parties are permitted to use, access or view the Beta Services.

d. Support. BitTitan is under no obligation to provide technical support for Beta Services and provides no assurance that any specific errors or discrepancies in the Beta Services will be corrected. BitTitan may, in its sole and exclusive discretion, make certain product development personnel available for contact during the Beta Services License Term.

e. Updates. The Beta Services which you use may automatically download and install updates from time to time from BitTitan. These updates are designed to improve, enhance and further develop the Beta Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit BitTitan to deliver these to you) as part of your use of the Beta Services.

f. Modifications. You acknowledge and agree that you will have no rights, title and interest (including, without limitation, all patent rights, design rights, copyrights and trade secrets) in any modifications or improvements made to the Beta Services or BitTitan Service Offerings with you may propose or make during the Beta Services License Term.

g. Termination. Without limiting its rights to terminate under Section 12 of the User Agreement, you acknowledge and agree that BitTitan may stop (permanently or temporarily) providing the Beta Services (or any features within the Beta Services) to you generally at BitTitan’s sole discretion, without prior notice to you.

11. CONCIERGE SERVICES

a. Definitions

(i) “Concierge License Term” means the recurring subscription periods described in Section 11(e) below until such periods are terminated in accordance with this Agreement.
(ii) “Concierge Data” means the data (including document and user-meta data such as document names, collaborators, permissions, attributes, or other data concerning Microsoft Office 365, Microsoft Exchange, Microsoft Azure Active Directory, or Microsoft Azure applications or services) of Authorized Users related to or required to provide the Concierge Services.
(iii) “Concierge Services” means the remote support services offered by BitTitan together with the applicable Services Site.
(iv) “Concierge Terms” means the terms of service available here.

b. Concierge Services License Grant. Subject to the terms and conditions of this Agreement, BitTitan hereby grants you a limited, non-exclusive, and transferable license to access and use the Concierge Services during the Concierge License Term on behalf of yourself or, if applicable, on behalf of Authorized Users to provide professional services to such Authorized Users.

c. Third Party Terms; Third Party Privacy Policy. Your use of the Concierge Services is governed by this Agreement and Concierge Terms. By acquiring a Service License for the Concierge Services, you agree to the Concierge Terms on behalf of yourself and your Authorized Users and you will ensure that each Authorized User will also agree to the Concierge Terms, as applicable. Similarly, when interacting with such Concierge Services outside of your Services Account, the privacy policy located here will apply to you. In the event of any conflict or inconsistency between this Agreement and the Concierge Terms that affects BitTitan, this Agreement will control as between you and BitTitan.

d. Responsibility for Authorized Users. Without limiting anything in Section 6(b) of the User Agreement or Section 11(c) above, for this Agreement and with respect to compliance with the Concierge Terms, the acts or omissions of any of your Authorized Users are considered your acts or omissions.

e. Subscription Billing.

(i) Monthly Subscriptions. If the Services Site for Concierge Services states that your Concierge Services will be provided on a monthly subscription basis, you will be charged the monthly subscription Fee identified on the Services Site or in your Services Account ("Monthly Fee") for each Service License for the Concierge Services. You will pay your first Monthly Fee when you purchase the applicable number of Service Licenses for the Concierge Services. Thereafter, you hereby authorize BitTitan to charge the Monthly Fee to the payment card you provide on or about the 5th day following the monthly anniversary date of your subscription. If you add Service Licenses during a particular month (for example, you started January with 100 Service Licenses and added 25 more during the month) your payment card will be charged the following month (in the example above, February) and each month thereafter for then-current total number of Service Licenses (in the example above, 125 Service Licenses). Notwithstanding the foregoing, BitTitan will charge you immediately for the additional Service Licenses if the volume of additional Service Licenses exceeds your initial volume by 50% (e.g. if you started January with 100 Service Licenses and added 60 more, you would be charged for those 60 immediately and on a monthly basis thereafter). Your Monthly Fee charge will continue each month unless and until you terminate your use of the Concierge Services in accordance with Section 11(f). You will only purchase additional Service Licenses from BitTitan and not from any applicable Third Party Service Provider.

(ii) Annual Subscriptions. If the Services Site for Concierge Services states that that your Concierge Services will be provided on an annual subscription basis, you will be charged the annual subscription Fee identified on the Services Site or in your Services Account ("Annual Fee") for each Service License for the Concierge Services. You will pay your first Annual Fee when you purchase the Concierge Services. Thereafter, you hereby authorize BitTitan to charge the Annual Fee to the payment card you provide on or about the 5th day following the yearly anniversary date of your subscription. If you add Service Licenses over the course of a subscription year (for example, you started January with 100 Service Licenses and added 25 more in May), your subscription for those additional license will be a monthly subscription subject to the payment terms set forth in Section 11(e)(i) above. Your Annual Fee charge will continue each year unless and until you terminate your use of the Concierge Services in accordance with Section 11(f). You will only purchase additional Service Licenses from BitTitan and not from any applicable Third Party Service Provider.

f. Termination.

(i) Termination. To terminate your subscription to the Concierge Services, you must provide BitTitan with email notice at least 30 days in advance of your next renewal date or your Service Licenses for Concierge Services will renew for an additional monthly or annual period, as applicable, and the applicable Monthly or Annual Fee will be charged automatically to your chosen payment card. EXCEPT AS SET FORTH IN SUBSECTION (III) BELOW, MONTHLY FEES AND ANNUAL FEES ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR A PARTIAL CONCIERGE SERVICES TERM. If you are located in the EU, you agree that the supply of the Concierge Services may begin immediately following the completion of your purchase and you acknowledge that you therefore will lost any statutory rights to withdraw and receive a refund.

(ii) Effect of Termination. In the event of any termination, your rights under these Service Specific Terms for Concierge Services will immediately terminate and you will cease using the Concierge Services immediately. You will delete all copies of any Software in your files or environment or on any machines or systems.

(iii) Subscription Fees on Suspension or Termination. In the event BitTitan suspends you from accessing or using the Concierge Services pursuant to the User Agreement, you will not be eligible for any refund, but you will not be responsible for any future Monthly Fees or Annual Fees incurred in an automatic renewal that occurs during the suspension. If BitTitan terminates these Service Specific Terms for Cause, or if you terminate the Agreement, you will not be eligible for any refund. If BitTitan terminates these Service Specific Terms other than for Cause, refunds will be handled in accordance with Section 7(c) of the User Agreement.

 

12. HEALTHCHECK SERVICES

a. Definitions

(i) “HealthCheck License Term” means the recurring subscription periods described in Section 12(e) below until such periods are terminated in accordance with this Agreement.
(ii) “HealthCheck Data” means the data (including document and user-meta data such as document names, collaborators, permissions, attributes, or other data concerning Microsoft Office 365, Microsoft Exchange, Microsoft Azure Active Directory, or Microsoft Azure applications or services) of Authorized Users related to or required to provide the HealthCheck Services.
(iii) “HealthCheck Services” means the cloud assessment services offered by BitTitan together with the applicable Services Site.
(iv) “HealthCheck Terms” means the terms of service available here.

b. HealthCheck Services License Grant. Subject to the terms and conditions of this Agreement, BitTitan hereby grants you a limited, non-exclusive, and transferable license to access and use the HealthCheck Services during the HealthCheck License Term on behalf of yourself or, if applicable, on behalf of Authorized Users to provide professional services to such Authorized Users.

c. Third Party Terms; Third Party Privacy Policy. Your use of the HealthCheck Services is governed by this Agreement and HealthCheck Terms. By acquiring a Service License for the HealthCheck Services, you agree to the HealthCheck Terms on behalf of yourself and your Authorized Users and you will ensure that each Authorized User will also agree to the HealthCheck Terms, as applicable. Similarly, when interacting with such HealthCheck Services outside of your Services Account, the privacy policy located here will apply to you. In the event of any conflict or inconsistency between this Agreement and the HealthCheck Terms that affects BitTitan, this Agreement will control as between you and BitTitan.

d. Responsibility for Authorized Users. Without limiting anything in Section 6(b) of the User Agreement or Section 12(c) above, for this Agreement and with respect to compliance with the HealthCheck Terms, the acts or omissions of any of your Authorized Users are considered your acts or omissions.

e. Subscription Billing.

(i) Monthly Subscriptions. If the Services Site for HealthCheck Services states that your HealthCheck Services will be provided on a monthly subscription basis, you will be charged the monthly subscription Fee identified on the Services Site or in your Services Account ("Monthly Fee") for each Service License for the HealthCheck Services. You will pay your first Monthly Fee when you purchase the applicable number of Service Licenses for the HealthCheck Services. Thereafter, you hereby authorize BitTitan to charge the Monthly Fee to the payment card you provide on or about the 5th day following the monthly anniversary date of your subscription. If you add Service Licenses during a particular month (for example, you started January with 100 Service Licenses and added 25 more during the month) your payment card will be charged the following month (in the example above, February) and each month thereafter for then-current total number of Service Licenses (in the example above, 125 Service Licenses). Notwithstanding the foregoing, BitTitan will charge you immediately for the additional Service Licenses if the volume of additional Service Licenses exceeds your initial volume by 50% (e.g. if you started January with 100 Service Licenses and added 60 more, you would be charged for those 60 immediately and on a monthly basis thereafter). Your Monthly Fee charge will continue each month unless and until you terminate your use of the HealthCheck Services in accordance with Section 12(f). You will only purchase additional Service Licenses from BitTitan and not from any applicable Third Party Service Provider.

(ii) Annual Subscriptions. If the Services Site for HealthCheck Services states that that your HealthCheck Services will be provided on an annual subscription basis, you will be charged the annual subscription Fee identified on the Services Site or in your Services Account ("Annual Fee") for each Service License for the HealthCheck Services. You will pay your first Annual Fee when you purchase the HealthCheck Services. Thereafter, you hereby authorize BitTitan to charge the Annual Fee to the payment card you provide on or about the 5th day following the yearly anniversary date of your subscription. If you add Service Licenses over the course of a subscription year (for example, you started January with 100 Service Licenses and added 25 more in May), your subscription for those additional license will be a monthly subscription subject to the payment terms set forth in Section 12(e)(i) above. Your Annual Fee charge will continue each year unless and until you terminate your use of the HealthCheck Services in accordance with Section 12(f). You will only purchase additional Service Licenses from BitTitan and not from any applicable Third Party Service Provider.

f. Termination.

(i) Termination. To terminate your subscription to the HealthCheck Services, you must provide BitTitan with email notice at least 30 days in advance of your next renewal date or your Service Licenses for HealthCheck Services will renew for an additional monthly or annual period, as applicable, and the applicable Monthly or Annual Fee will be charged automatically to your chosen payment card. EXCEPT AS SET FORTH IN SUBSECTION (III) BELOW, MONTHLY FEES AND ANNUAL FEES ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR A PARTIAL HEALTHCHECK SERVICES TERM. If you are located in the EU, you agree that the supply of the HealthCheck Services may begin immediately following the completion of your purchase and you acknowledge that you therefore will lost any statutory rights to withdraw and receive a refund.

(ii) Effect of Termination. In the event of any termination, your rights under these Service Specific Terms for HealthCheck Services will immediately terminate and you will cease using the HealthCheck Services immediately. You will delete all copies of any Software in your files or environment or on any machines or systems.

(iii) Subscription Fees on Suspension or Termination. In the event BitTitan suspends you from accessing or using the HealthCheck Services pursuant to the User Agreement, you will not be eligible for any refund, but you will not be responsible for any future Monthly Fees or Annual Fees incurred in an automatic renewal that occurs during the suspension. If BitTitan terminates these Service Specific Terms for Cause, or if you terminate the Agreement, you will not be eligible for any refund. If BitTitan terminates these Service Specific Terms other than for Cause, refunds will be handled in accordance with Section 7(c) of the User Agreement.