General Terms of Use (Software)

The following General Terms of Use (Software) are entered and assigned into by and between the Customer – anyone who uses the Digital-Clay Platform for any purpose including solutions built with the Digital-Clay Platform and Sales Force Management Software Ltd., also known as Digital Clay, (“Company”, “we”, or “us”); and its platform Digital-Clay.

 

Please read and review the Terms of Use (Software) with consideration before you start using the Digital-Clay platform. By using the Software, you agree to the Terms of Use (Software), you accept and agree to be bound and abide by these Terms of Use (Software).

 

General

  • All Digital-Clay software licenses can only be used on a single machine at a time, and only by the Customer. Licenses cannot be transferred, leased or sold without explicit permission from the Company.
  • All licenses are automatically activated for a specific machine. If internet access is blocked, licenses may have to be activated manually. If a machine undergoes significant hardware changes, or the solution is transferred to another machine, the customer must notify the Company so that the license can be re-activated on the new machine. There is no limit to the amount of times a license can be transferred to new machines.
  • The Customer understands that the Digital-Clay platform activates, and periodically checks the validity of licenses and license deployment usage over the internet, and that licenses may be revoked on the event of non-payment or breach of contract.
  • Any non-standard use of the software that doesn’t go through the standard, provided user-interfaces is forbidden without prior approval from the Company. No attempts shall be made to reverse engineer the source code, or to alter the platform components in the way. No changes shall be performed on the data in the database directly without explicit approval from the Company, except via the provided software interfaces. Any such attempts or actions shall void warranties, support and contracts.
  • Backups and security are the sole responsibility of the Customer.
  • The Company is not liable for any direct or indirect damages, or lost revenue or data from the use of the software or platform, whether it is caused to the Customer, or to any third-party.

Security

  • Digital-Clay has built-in security for authentication, authorization and privacy. Some of the security settings are optional and are configurable. For example, the password complexity and expiration rules, and optional communication encryption between the clients and ClayCentral.
  • Note that the security of the server, database, and operating system are the responsibility of the Customer and/or the hosting provider, as well as the enforcement and configuration of security policies. Digital-Clay merely provides the tools necessary for securing a solution, and may assist in building the authorization rules according to the specifications of the Customer.
  • Web ClayStation encryption can be provided by installing certificates at the Web Server and enforcing SSL/HTTPS communications at the Web Server level.
  • Database encryption may be configured at the SQL Server level.
  • Permissions are extremely granular and can be configured per role, per table, per record, per field and document type. The user roles and their permissions per table should be defined in this document.

 

Rights

  • The Digital-Clay platform is the property of the Company and is protected by law, including applicable copyright law. Conditioned upon compliance with the terms and conditions of this agreement, the Customer is given non-exclusive and non-transferrable rights to use, customize and install the platform, customized solution, and licenses for which Customer has paid the required fees.
  • The Customer may not distribute, sublicense, lease, loan or sell the platform, license and customized solution without explicit permission from the Company.
  • The Customer retains ownership rights over any data the Customer added to the system, as well as any data imported into the database by the Company for the Customer. The Customer is exclusively responsible for any privacy or legal issues with proprietary data belonging to a third-party that is stored in the database.
  • If the Customer desires to retain ownership rights to any element of the solution such as an automation, a report, functionality or feature in the solution in addition to the data in the database, all the following requirements must be met:
  • The specific element must be unique to the Customer
  • The Customer must describe the element in detail and submit it for approval by the Company.
  • ‘Unique’ means that it must not be public domain or already exist in the market. It also can’t be an element that has been known to the Company at the time of submission for approval or developed by the company independently.
  • Obviously, any element that is already included as part of the Digital-Clay platform cannot be owned by the Customer.
  • If the element that was submitted exists in other solutions in the market, or, later it turns out to have already existed, and the Customer does not have patent rights to the element in question, the Customer does not retain ownership rights of the element even if it was initially approved by the company.
  • Note that the Company, as a creator of the Digital-Clay platform AND as solution builder, has many ready-made modules for many industries which it re-uses for many solutions, therefore there is a lot of functionality that cannot be given exclusively to any Customer unless it is unique to, and invented by, the Customer.

Limitation of Liability

  • CUSTOMER AGREES TO ABSOLVE THE COMPANY OF ANY AND ALL LIABILITY OR LOSS THAT THEY OR ANY PERSON OR ENTITY ASSOCIATED WITH THEM MAY SUFFER OR INCUR AS A RESULT OF USE OF THE SOFTWARE. CUSTOMER AGREES THAT THE COMPANY SHALL NOT BE LIABLE TO THEM FOR ANY TYPE OF DAMAGES, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EQUITABLE, OR CONSEQUENTIAL LOSS OR DAMAGES FOR USE OF THE SOFTWARE.

 

  • Indemnification

 

The Customer agrees to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the software or services.

 

Contact Us

  • Digital-Clay welcomes your questions or comments regarding the Terms:
  • Email Address: info@digital-clay.com