Your Log & Your Permissions
When you use our Services, you provide us with things like your log files and directories, messages, contacts, and so on (“Your Log”). Your Log is yours. These Terms don’t give us any rights to Your Log except for the limited rights that enable us to offer the Services.
We need your permission to do things like hosting Your Log, compressing it, backing it up, performing searches when you enter a query, and sending it back to you when you ask us to. To provide these and other features, YScope accesses, compresses, stores, scans, and decompresses Your Log. You give us permission to do those things, and this permission extends to our affiliates and trusted third parties we work with.
Your use of our Services must comply with our Business Agreement. Content in the Services may be protected by others’ intellectual property rights. Please don’t copy, upload, download, or share content unless you have the right to do so.
YScope may review your conduct and content for compliance with these Terms and our Acceptable Use Policy. We aren’t responsible for the content people post and share via the Services.
Help us keep Your Log protected. Safeguard your password to the Services, and keep your account information current. Don’t share your account credentials or give others access to your account.
You may use our Services only as permitted by applicable law, including export control laws and regulations. Finally, to use our Services, you must be at least 13 (or older, depending on where you live).
Some of our Services allow you to download client software (“Software") which may update automatically. So long as you comply with these Terms, we give you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Services. To the extent any component of the Software may be offered under an open source license, we’ll make that license available to you and the provisions of that license may expressly override some of these Terms. Unless the following restrictions are prohibited by law, you agree not to reverse engineer or decompile the Services, attempt to do so, or assist anyone in doing so.
We sometimes release products and features that we’re still testing and evaluating (“Beta Services”). Beta Services are labeled “alpha,” “beta,” “preview,” “early access,” or “evaluation” (or with words or phrases with similar meanings) and may not be as reliable as YScope's other services. Beta Services are made available so that we can collect user feedback, and by using our Beta Services, you agree that we may contact you to collect such feedback.
Beta Services are confidential until official launch. If you use any Beta Services, you agree not to disclose any information about those Services to anyone else without our permission.
The Services are protected by copyright, trademark, and other laws. These Terms don’t grant you any right, title, or interest in the Services, others’ content in the Services, YScope trademarks, logos and other brand features. We welcome feedback, but note that we may use comments or suggestions without any obligation to you.
We respect the intellectual property of others and ask that you do too. We respond to notices of alleged copyright infringement if they comply with the law. We reserve the right to delete or disable content alleged to be infringing and terminate accounts of repeat infringers.
You’re free to stop using our Services at any time. We reserve the right to suspend or terminate your access to the Services with notice to you if:
you’re in breach of these Terms,
your use of the Services would cause a real risk of harm or loss to us or other users, or
you don’t have a Paid Account and haven't accessed our Services for 12 consecutive months.
We’ll provide you with reasonable advance notice via the email address associated with your account to remedy the activity that prompted us to contact you and give you the opportunity to export Your Log from our Services. If after such notice you fail to take the steps we ask of you, we’ll terminate or suspend your access to the Services.
We won’t provide notice before termination where:
you’re in material breach of these Terms,
doing so would cause us legal liability or compromise our ability to provide the Services to our other users, or
we're prohibited from doing so by law.
Discontinuation of Services
We may decide to discontinue the Services in response to unforeseen circumstances beyond YScope’s control or to comply with a legal requirement. If we do so, we’ll give you reasonable prior notice so that you can export Your Log from our systems. If we discontinue the Services in this way before the end of any fixed or minimum term you have paid us for, we’ll refund the portion of the fees you have pre-paid but haven't received Services for.
Services “AS IS”
We strive to provide great Services, but there are certain things that we can't guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, YSCOPE AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED "AS IS." WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Limitation of Liability
WE DON’T EXCLUDE OR LIMIT OUR LIABILITY TO YOU WHERE IT WOULD BE ILLEGAL TO DO SO—THIS INCLUDES ANY LIABILITY FOR YSCOPE OR ITS AFFILIATES’ FRAUD OR FRAUDULENT MISREPRESENTATION IN PROVIDING THE SERVICES. IN COUNTRIES WHERE THE FOLLOWING TYPES OF EXCLUSIONS AREN’T ALLOWED, WE'RE RESPONSIBLE TO YOU ONLY FOR LOSSES AND DAMAGES THAT ARE A REASONABLY FORESEEABLE RESULT OF OUR FAILURE TO USE REASONABLE CARE AND SKILL OR OUR BREACH OF OUR CONTRACT WITH YOU. THIS PARAGRAPH DOESN’T AFFECT CONSUMER RIGHTS THAT CAN'T BE WAIVED OR LIMITED BY ANY CONTRACT OR AGREEMENT.
IN COUNTRIES WHERE EXCLUSIONS OR LIMITATIONS OF LIABILITY ARE ALLOWED, YSCOPE, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS WON’T BE LIABLE FOR:
ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR
ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY.
THESE EXCLUSIONS OR LIMITATIONS WILL APPLY REGARDLESS OF WHETHER OR NOT YSCOPE OR ANY OF ITS AFFILIATES HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU USE THE SERVICES FOR ANY COMMERCIAL, BUSINESS, OR RE-SALE PURPOSE, YSCOPE, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS WILL HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY. YSCOPE AND ITS AFFILIATES AREN’T RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES.
OTHER THAN FOR THE TYPES OF LIABILITY WE CANNOT LIMIT BY LAW (AS DESCRIBED IN THIS SECTION), WE LIMIT OUR LIABILITY TO YOU TO THE GREATER OF $50 USD OR 100% OF ANY AMOUNT YOU'VE PAID UNDER YOUR CURRENT SERVICE PLAN WITH YSCOPE.
Let’s Try to Sort Things Out First. We want to address your concerns without needing a formal legal case. Before filing a claim against YScope, you agree to try to resolve the dispute informally by contacting [email protected]. We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 15 days of submission, you or YScope may bring a formal proceeding.
Judicial Forum for Disputes. You and YScope agree that any judicial proceeding to resolve claims relating to these Terms or the Services will be brought in the federal or provincial courts of Ontario, Canada, subject to the mandatory arbitration provisions below. Both you and YScope consent to venue and personal jurisdiction in such courts. If you reside in a country (for example, a member state of the European Union) with laws that give consumers the right to bring disputes in their local courts, this paragraph doesn’t affect those requirements.
These Terms will be governed by the laws of the province of Ontario and the federal laws of Canada except for its conflicts of laws principles. However, some countries (including those in the European Union) have laws that require agreements to be governed by the local laws of the consumer's country. This paragraph doesn’t override those laws.
These Terms constitute the entire agreement between you and YScope with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.
Waiver, Severability & Assignment
YScope’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. YScope may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
We may revise these Terms from time to time to better reflect:
changes to the law,
new regulatory requirements, or
improvements or enhancements made to our Services.
If an update affects your use of the Services or your legal rights as a user of our Services, we’ll notify you prior to the update's effective date by sending an email to the email address associated with your account or via an in-product notification. These updated terms will be effective no less than 30 days from when we notify you.
If you don’t agree to the updates we make, please cancel your account before they become effective. Where applicable, we’ll offer you a prorated refund based on the amounts you have prepaid for Services and your account cancellation date. By continuing to use or access the Services after the updates come into effect, you agree to be bound by the revised Terms.
Acceptable Use Policy
Thank you for choosing YScope! And we're proud of the trust placed in us. In exchange, we trust you to use our services responsibly...
You agree not to misuse the YScope services ("Services") or help anyone else to do so. For example, you must not even try to do any of the following in connection with the Services:
probe, scan, or test the vulnerability of any system or network;
breach or otherwise circumvent any security or authentication measures;
access, tamper with, or use non-public areas or parts of the Services, or shared areas of the Services you haven't been invited to;
interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Services;
access, search, or create accounts for the Services by any means other than our publicly supported interfaces (for example, "scraping" or creating accounts in bulk);
send unsolicited communications, promotions or advertisements, or spam;
send altered, deceptive or false source-identifying information, including "spoofing" or "phishing";
promote or advertise products or services other than your own without appropriate authorization;
abuse referrals or promotions to get more storage space than deserved or to sell storage space received from referrals or promotions;
circumvent storage space limits;
sell the Services unless specifically authorized to do so;
publish or share materials that are unlawfully pornographic or indecent, or that contain extreme acts of violence or terrorist activity, including terror propaganda;
advocate bigotry or hatred against any person or group of people based on their race, religion, ethnicity, sex, gender identity, sexual orientation, disability, or impairment;
harass or abuse YScope personnel or representatives or agents performing services on behalf of YScope;
violate the law in any way, including storing, publishing or sharing material that's fraudulent, defamatory, or misleading; or
violate the privacy or infringe the rights of others.
Cloud Business Agreement
Posted: July 14th, 2021
Effective: July 14th, 2021
This YScope Business Agreement (the "Business Agreement") is between YScope, Inc., an Ontario, Canada corporation ("YScope") and the organization agreeing to these terms ("Customer"). This Business Agreement governs access to and use of the Services and Beta Services. By clicking "I agree," signing your contract for the Services, or using the Services, you agree to this Business Agreement as a Customer.
To the extent that YScope, Inc. is, on behalf of the Customer, Processing Customer Data that is subject to EU Data Protection Laws, by clicking "I agree," you are also agreeing to the Data Processing Agreement and EU Standard Contractual Clauses, defined below, with YScope, Inc. for the transfer of Personal Data to processors.
If you are agreeing to this Business Agreement, for use of the Services by an organization, you are agreeing on behalf of that organization. You must have the authority to bind that organization to these terms, otherwise you must not sign up for the Services.
Provision. The Agreement governs access to, and use of, the Services and Software purchased under an Order Form. Customer and End Users may access and use the Services in accordance with the Agreement.
Modifications. YScope may update the Services from time to time. If YScope changes the Services in a manner that materially reduces their functionality, YScope will notify Customer at the email address associated with the account, and Customer may provide notice within thirty days of the change to terminate the Agreement. This termination right will not apply to updates made to features provided on a beta or evaluation basis. For certain significant new features, YScope may notify Administrators or End Users of the new features via email, provided that an option to unsubscribe from receiving such emails will be available to any potential recipient.
Generally. Some of the Services allow Customer and End Users to download Software that may update automatically. If any component of the Software is offered under an open source license, YScope will make the license available to Customer and to the extent the provisions of that license grant Customer additional rights, those provisions will expressly override some terms of the Agreement with respect to that component of the Software.
License. YScope hereby grants to Customer during the Term a limited non-exclusive license to use the Software solely in connection with the Services and in accordance with the Agreement. This license is non-transferable (subject to Section 14.8), irrevocable (except as set forth in Section 9), non-sublicensable, and will be fully paid up upon Customer's payment of the Fees.
Customer Domains. Prior to providing the Services YScope may require Customer to verify that Customer owns or controls the Customer Domains. If Customer does not own or control the Customer Domains, then YScope will have no obligation to provide Customer with the Services.
Customer Administration of the Services. Customer may specify End Users as Administrators, including through multiple tiers of Administrators. Administrators may be able to: (a) access, disclose, restrict or remove Customer Data in or from End User Accounts; and (b) monitor, restrict, or terminate access to End User Accounts. The End User Accounts Administrators may manage as described in the preceding sentence may include End User Accounts of lower tier Administrators. Customer is responsible for maintaining the confidentiality of passwords and Admin Accounts, and managing access to Admin Accounts. YScope’s responsibilities do not extend to the internal management or administration of the Services for Customer.
Third Party Administration. The Customer acknowledges that, if the Customer purchases the Services through a reseller and designates any of the reseller's personnel as Administrators of the Customer's Services account, the reseller may be able to control account information, including Customer Data, and access the Customer's Services account as described above.
Unauthorized Use or Access. Customer will prevent unauthorized use of the Services by its End Users and terminate any unauthorized use of or access to the Services. End User Accounts may only be provisioned, registered, and used by a single End User. The Services are not intended for End Users under the age of 13. Customer will ensure that it does not allow any person under 13 to use the Services. Customer will promptly notify YScope of any unauthorized use of or access to the Services.
Restrictions. Customer will not: (a) sell, resell, or lease the Services or Software; (b) use the Services or Software for activities where use or failure of the Services or Software could lead to physical damage, death, or personal injury; (c) reverse engineer the Services or Software, or attempt or assist anyone else to do so, unless this restriction is prohibited by law; (d) use the Services or Software, including the export or re-export of Customer Data, in violation of Export Control Laws; (e) violate or circumvent any Service Limits of the Services or otherwise configure the Services to avoid Service Limits.
Generally. Customer and its End Users must use the Services in compliance with the Acceptable Use Policy. Customer will comply with laws and regulations applicable to Customer's use of the Services. Customer must satisfy itself that: (i) the Services are appropriate for its purposes, taking into account the nature of the Customer Data; and (ii) the technical and organizational requirements applicable to YScope under EU Data Protection Laws are satisfied by the Security Measures and the Agreement.
End Users. Customer is responsible for use of the Services by its End Users. Customer will obtain and maintain from End Users any consents necessary to allow Administrators to engage in the activities described in the Agreement and to allow Dropbox to deliver the Services.
Customer Actions. Customer will not take any action that would cause YScope to violate EU Data Protection Laws, the U.S. Foreign Corrupt Practices Act of 1977, as amended, the U.K. Bribery Act of 2010, or any other applicable anti-bribery, anti-corruption, or anti-money laundering law.
HIPAA. Customer will not store, transmit or otherwise process any information via the Services that falls within the definition of “Protected Health Information” under the HIPAA Privacy Rule (45 C.F.R. Section 164.051), unless Customer and YScope separately enter into a HIPAA Business Associate Agreement.
Third-Party Apps and Integrations. If Customer uses any third-party service or applications, such as a service that uses a CLP API, with the Services: (a) YScope will not be responsible for any act or omission of the third-party, including the third-party’s access to or use of Customer Data; and (b) YScope does not warrant or support any service provided by the third-party. Customer will comply with any API limits associated with the Services plan purchased by Customer.
Customer Data Limitations. This Agreement constitutes Customer’s instructions to YScope to Process Customer Data. YScope and YScope personnel will only Process, access, use, store, and transfer Customer Data as Customer instructs in order to deliver the Services and to fulfill YScope's obligations in the Agreement. The categories of Customer Data to be processed by YScope and the processing activities to be performed under this Agreement are set out in the Data Processing Agreement. YScope will inform Customer of any legal requirement which prevents it from complying with Customer’s instructions, unless prohibited from doing so by applicable law or on important grounds of public interest. Any YScope personnel who have access to Customer Data will be bound by appropriate confidentiality obligations.
Security Measures. YScope will use industry standard technical and organizational security measures to transfer, store, and Process Customer Data that, at a minimum, will comply with the Security Measures. YScope may update the Security Measures from time to time. YScope will provide Customer with at least sixty days prior notice if YScope updates the Security Measures in a manner that materially diminishes the administrative, technical, or physical security features of the Services taken as a whole. Within five business days of receipt of this notice, Customer may elect to terminate the Agreement and associated Order Forms by providing written notice to YScope.
Customer Responsibility. Customer is responsible for responding to Third-Party Requests via its own access to information. Customer will seek to obtain information required to respond to Third-Party Requests and will contact YScope only if it cannot comply with the Third-Party Request despite diligent efforts.
YScope Responsibility. If Dropbox receives a Third-Party Request, YScope will make commercially reasonable efforts, to the extent allowed by law and by the terms of the Third-Party Request, to: (i) promptly notify Customer of YScope's receipt of a Third-Party Request; (ii) comply with Customer's commercially reasonable requests regarding its efforts to oppose a Third-Party Request; and (iii) provide Customer with information or tools required for Customer to respond to the Third-Party Request, if Customer is otherwise unable to respond to the Third-Party Request. If YScope is prohibited from notifying Customer of a Third-Party Request or Customer fails to promptly respond to any Third-Party Request, then YScope may, but will not be obligated to do so, to the extent permitted by applicable law.
Data Transfer. Customer agrees that YScope may transfer Customer Data to and access, use, and store Customer Data in locations other than Customer's country.
Data Processing Agreement. To the extent Customer Data is subject to EU Data Protection Laws and is processed by YScope on Customer's behalf, Customer and YScope agree to the Data Processing Agreement. The Data Processing Agreement applies only to the Services, and does not apply to Beta Services.
Fees. Customer will pay YScope or Customer's reseller all applicable Fees for the Services, in the currency and pursuant to the payment terms indicated on the Order Form, or in the applicable agreement between Customer and Customer’s reseller. Customer authorizes YScope, or Customer's reseller, to charge Customer for all applicable Fees using Customer's selected payment method, and Customer will issue the required purchasing documentation. Fees are non-refundable except as required by law or as otherwise specifically permitted in the Agreement.
Payment. Customer will pay YScope invoices on the payment interval set forth in the Order Form. YScope may suspend or terminate the Services if Fees are past due. Customer will provide complete and accurate billing and contact information to YScope or to Customer's reseller.
Taxes. Fees are exclusive of taxes and Customer is responsible for all Taxes. YScope, or Customer's reseller, will charge Taxes when required to do so. If Customer provides YScope or its reseller with a valid exemption certificate, YScope will not collect the taxes covered by that certificate.
Withholding Taxes. Customer will pay YScope or its reseller net of any applicable Withholding Taxes. Customer and YScope, or Customer's reseller if applicable, will work together to avoid any Withholding Tax if exemptions, or a reduced treaty withholding rate, are available. If YScope or Customer's reseller qualifies for a tax exemption, or a reduced treaty withholding rate, YScope or Customer's reseller will provide Customer with reasonable documentary proof. Customer will provide YScope or Customer's reseller reasonable evidence that it has paid the relevant authority for the sum withheld or deducted.
Auto-renewals and Trials. IF THE CUSTOMER'S ACCOUNT IS SET TO AUTO-RENEWAL OR IS IN A TRIAL PERIOD AND THE CUSTOMER HAS ALREADY PROVIDED A METHOD OF PAYMENT TO YSCOPE FOR THE SERVICES, YSCOPE (OR THE CUSTOMER'S RESELLER) MAY CHARGE AUTOMATICALLY AT THE END OF THE TRIAL OR FOR THE RENEWAL, UNLESS THE CUSTOMER NOTIFIES YSCOPE (OR THE CUSTOMER'S RESELLER, AS APPLICABLE) THAT THE CUSTOMER WANTS TO CANCEL OR DISABLE AUTO-RENEWAL. YScope may revise Services rates by providing the Customer at least thirty days' notice prior to the next charge.
Purchase Orders. If Customer requires the use of a purchase order or purchase order number, Customer: (i) must provide the purchase order number at the time of purchase; and (ii) agrees that any terms and conditions on a Customer purchase order will not apply to this Agreement and are null and void. If the Customer is purchasing via a reseller, any terms and conditions from the Customer's reseller or in a purchase order between the Customer and its reseller that conflict with the Agreement are null and void.
Of End User Accounts by YScope. If an End User: (a) violates the Agreement; or (b) uses the Services in a manner that YScope reasonably believes will cause it liability, then YScope may request that Customer suspend or terminate the applicable End User account. If Customer fails to promptly suspend or terminate the End User account, then YScope may do so.
Security Emergencies. Notwithstanding anything in the Agreement, if there is a Security Emergency, YScope may automatically suspend use of the Services. YScope will make commercially reasonable efforts to narrowly tailor the suspension as needed to prevent or terminate the Security Emergency.
Intellectual Property Rights.
Reservation of Rights. Except as expressly set forth herein, the Agreement does not grant: (a) YScope any Intellectual Property Rights in Customer Data; or (b) Customer any Intellectual Property Rights in the Services or YScope trademarks and brand features.
Limited Permission. Customer grants YScope only the limited rights that are reasonably necessary for YScope to deliver the Services.
Suggestions. YScope may use, modify, and incorporate into its products and services, license and sublicense, any feedback, comments, or suggestions on the Services that Customer or End Users may send YScope or post in YScope's forums without any obligation to Customer.
Agreement Term. The Agreement will remain in effect for the Term.
Services Term. YScope will deliver the Services to Customer for the Services Term. Unless the parties agree otherwise in writing, End User Accounts purchased during any Services Term will have a prorated term ending on the last day of the pre-existing Services Term.
Automatic Renewals. Unless otherwise specified on the Order Form, following the Initial Services Term or a Renewal Term, the subscription to the Services will automatically renew for a Renewal Term, unless either Party gives the other written notice of termination at least thirty days prior to the expiration of the then-current Services term. If Customer has provided a payment method to YScope for recurring charges as provided in Section 5.5, Customer may elect to terminate the Agreement prior to the day a Renewal Term begins.
Generally. Either Party may terminate the Agreement, including all Order Forms, if: (i) the other Party is in material breach of the Agreement and fails to cure that breach within thirty days after receipt of written notice; or (ii) the other Party ceases its business operations or becomes subject to insolvency proceedings and the proceedings are not dismissed within ninety days. YScope may terminate this Agreement and suspend Customer’s access to the Services if required to do so by law or for an egregious violation by Customer of the Acceptable Use Policy.
Effects of Termination. If the Agreement terminates: (a) except as set forth in this Section, the rights and licenses granted by YScope to Customer will cease immediately; (b) Customer may, prior to termination, request reasonable additional time to export its Stored Data, provided that YScope may charge Customer for this extended access based on YScope's then-current standard fees; and (c) YScope will delete any End User Accounts and Stored Data in Customer's account in a commercially reasonable period of time following receipt of an Administrator's request to do so prior to termination of the Services. YScope may make instructions available to Customer regarding how to submit the Administrator request described in clause (c) of the previous sentence and Customer is responsible for following these instructions to initiate a deletion.
Survival. The following sections will survive expiration or termination of the Agreement: 3.3 (Third Party Requests), 5 (Payment), 7 (Intellectual Property Rights), 9.2 (Effects of Termination), 9.3 (Survival), 10 (Indemnification), 11 (Disclaimers), 12 (Limitation of Liability), 13 (Disputes), and 14 (Miscellaneous). Notwithstanding the foregoing, Section 3.3 (Third-Party Requests) shall not survive termination if YScope has exercised a right to terminate the Agreement.
By Customer. Customer will indemnify, defend, and hold harmless YScope from and against all liabilities, damages, and costs (including settlement costs and reasonable attorneys' fees) arising out of any Claim against YScope and its Affiliates regarding: (a) Customer Data; (b) Customer Domains; or (c) Customer's, or Customer's End Users', use of the Services in violation of the Agreement.
By YScope. YScope will indemnify, defend, and hold harmless Customer from and against all liabilities, damages, and costs (including settlement costs and reasonable attorneys' fees) arising out of any Claim against Customer to the extent based on an allegation that YScope's technology used to deliver the Services to the Customer infringes or misappropriates any copyright, trade secret, U.S. patent, or trademark right of the third party. In no event will YScope have any obligations or liability under this section arising from: (a) use of any Services in a modified form or in combination with materials not furnished by YScope; and (b) any content, information, or data provided by Customer, End Users, or other third parties.
Possible Infringement. If YScope believes the Services or Software infringe or may be alleged to infringe a third party's Intellectual Property Rights, then YScope may: (a) obtain the right for Customer, at YScope's expense, to continue using the Services or Software; (b) provide a non-infringing functionally equivalent replacement; or (c) modify the Services or Software so that they no longer infringe. If YScope does not believe the options described in this section are commercially reasonable, then YScope may suspend or terminate Customer's use of the affected Services or Software, with a pro-rata refund of prepaid fees for the Services or Software.
General. The Party seeking indemnification will promptly notify the other Party of the claim and cooperate with the other Party in defending the claim. The indemnifying Party will have full control and authority over the defense, except that: (a) any settlement requiring the Party seeking indemnification to admit liability requires prior written consent, not to be unreasonably withheld or delayed; and (b) the other Party may join in the defense with its own counsel at its own expense. THE INDEMNITIES ABOVE ARE YSCOPE AND CUSTOMER'S ONLY REMEDY UNDER THE AGREEMENT FOR VIOLATION BY THE OTHER PARTY OF A THIRD PARTY'S INTELLECTUAL PROPERTY RIGHTS.
Generally. THE SERVICES AND SOFTWARE ARE PROVIDED "AS IS." TO THE FULLEST EXTENT PERMITTED BY LAW, EXCEPT AS EXPRESSLY STATED IN THE AGREEMENT, NEITHER CUSTOMER NOR YSCOPE AND ITS AFFILIATES, SUPPLIERS, AND DISTRIBUTORS MAKE ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR NON-INFRINGEMENT. CUSTOMER IS RESPONSIBLE FOR USING THE SERVICES OR SOFTWARE IN ACCORDANCE WITH THE TERMS SET FORTH HEREIN AND BACKING UP ANY STORED DATA ON THE SERVICES.
Use In Customer's Discretion. Despite anything to the contrary in the Agreement: (a) Customer may choose to use Beta Services in its sole discretion; (b) Beta Services may not be supported and may be changed at any time without notice; (c) Beta Services may not be as reliable or available as the Services; (d) Beta Services have not been subjected to the same Security Measures and auditing to which the Services have been subjected; and (e) YSCOPE WILL HAVE NO LIABILITY ARISING OUT OF OR IN CONNECTION WITH BETA SERVICES - USE AT YOUR OWN RISK.
Feedback. YScope offers Beta Services in order to get user feedback. In exchange for using Beta Services, Customer Agrees that YScope may contact Customer and its End Users to obtain feedback regarding Beta Services. Customer agrees to: (i) and hereby does, assign to YScope all right, title, and interest in any feedback; and (ii) provide YScope any reasonable assistance necessary to document and maintain YScope's rights in the feedback. This feedback may include oral or written comments, suggestions, error reports, and analysis.
Confidential. Beta Services are confidential until officially launched by YScope. Customer will take reasonable measures to keep information regarding the Beta Services confidential, including at least those measures Customer takes to protect its own confidential information of a similar nature. Customer will not disclose information regarding Beta Services to any third parties, and will keep new features and functionality confidential until officially launched by YScope. Customer may disclose information regarding Beta Services to the extent required by law or regulation if Customer gives YScope reasonable advance written notice, to the extent permitted, so YScope can seek to prevent or limit the disclosure.
Limitation of Liability.
Limitation on Indirect Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, EXCEPT FOR YSCOPE OR CUSTOMER'S INDEMNIFICATION OBLIGATIONS, NEITHER CUSTOMER NOR YSCOPE AND ITS AFFILIATES, SUPPLIERS, AND DISTRIBUTORS WILL BE LIABLE UNDER THE AGREEMENT FOR (I) INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR (II) LOSS OF USE, DATA, BUSINESS, REVENUES, OR PROFITS (IN EACH CASE WHETHER DIRECT OR INDIRECT), EVEN IF THE PARTY KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Limitation on Amount of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, YSCOPE'S AGGREGATE LIABILITY UNDER THE AGREEMENT WILL NOT EXCEED THE LESSER OF $10,000 OR THE AMOUNT PAID BY CUSTOMER TO YSCOPE HEREUNDER DURING THE TWELVE MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY.
Informal Resolution. Before filing a claim, each Party agrees to try to resolve the dispute by contacting the other Party through the notice procedures in Section 14.6. If a dispute is not resolved within thirty days of notice, Customer or Dropbox may bring a formal proceeding.
NO CLASS ACTIONS. Customer may only resolve disputes with YScope on an individual basis and will not bring a claim in a class, consolidated or representative action. Class arbitrations, class actions, private attorney general actions and consolidation with other arbitrations are not allowed.
Terms Modification. YScope may revise this Agreement from time to time and the most current version will always be posted on the YScope Business website. If a revision, in YScope's sole discretion, is material, YScope will notify Customer (by, for example, sending an email to the email address associated with the applicable account). Other revisions may be posted to YScope's blog or terms page, and Customer is responsible for checking these postings regularly. By continuing to access or use the Services after revisions become effective, Customer agrees to be bound by the revised Agreement. If Customer does not agree to the revised Agreement terms, Customer may terminate the Services within thirty days of receiving notice of the change.
Entire Agreement. The Agreement supersedes any prior agreements or understandings between the Parties, and constitutes the entire agreement between the Parties related to this subject matter. All attachments to this Business Agreement, Customer invoices, and Order Forms executed by the Parties, are hereby incorporated into the Agreement by this reference.
Interpretation of Conflicting Terms. If there is a conflict between the documents that make up the Agreement, the documents will control in the following order: the invoice, Order Form, the Business Agreement. The terms and conditions of the Agreement will be considered the confidential information of YScope, and Customer will not disclose the information to any third parties. Customer agrees that any terms and conditions on a Customer purchase order will not apply to the Agreement and are null and void. If End Users are required to click through terms of service in order to use the Services, those click through terms are subordinate to this Agreement and the Agreement will control if there is a conflict.
Governing Law. THE AGREEMENT WILL BE GOVERNED BY THE LAWS OF THE PROVINCE OF ONTARIO AND THE FEDERAL LAWS OF CANADA EXCEPT FOR ITS CONFLICTS OF LAWS PRINCIPLES.
Severability. Unenforceable provisions will be modified to reflect the parties' intention and only to the extent necessary to make them enforceable, and the remaining provisions of the Agreement will remain in full effect.
Notice. Notices must be sent via email, first class, airmail, or overnight courier and are deemed given when received. Notices to Customer may also be sent to the applicable account email address and are deemed given when sent. Notices to YScope must be sent to YScope Legal at [email protected].
Waiver. A waiver of any default is not a waiver of any subsequent default.
Assignment. Customer may not assign or transfer the Agreement or any rights or obligations under the Agreement without the written consent of YScope, except that Customer may assign the Agreement to the surviving entity in connection with a merger, acquisition, or sale of all or substantially all of its assets by providing written notice to YScope. YScope may not assign the Agreement without providing notice to Customer, except YScope may assign the Agreement or any rights or obligations under the Agreement to an Affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets without providing notice. Any other attempt to transfer or assign is void.
No Agency. YScope and Customer are not legal partners or agents, but are independent contractors.
Force Majeure. Except for payment obligations, neither Dropbox nor Customer will be liable for inadequate performance to the extent caused by a condition that was beyond the Party's reasonable control (for example, natural disaster, act of war or terrorism, riot, labor condition, governmental action, and Internet disturbance).
No Third-Party Beneficiaries. There are no third-party beneficiaries to the Agreement. Without limiting this section, a Customer's End Users are not third-party beneficiaries to Customer's rights under the Agreement.
"Acceptable Use Policy" means the YScope acceptable use policy set forth at the following link, or other link that YScope may provide: Acceptable Use Policy.
"Account Data" means the account and contact information submitted to the Services by Customer or End Users.
"Administrator" means a Customer-designated technical End User who administers the Services to End Users on Customer's behalf, through multiple tiers.
"Admin Account" means an administrative account provided to Customer by YScope for the purpose of administering the Services.
"Affiliate" means any entity that controls, is controlled by or is under common control with a Party, where "control" means the ability to direct the management and policies of an entity.
"Agreement" means, collectively, this Business Agreement and each applicable Order Form.
"Beta Services" means services or features identified as alpha, beta, preview, early access, or evaluation, or words or phrases with similar meanings.
"Claim" means a claim by a third party, including a regulatory penalty.
"Customer Data" means Stored Data, Account Data, and messages, comments, structured data, and other content submitted to the Services by Customer or End Users.
"Customer Domains" means Customer's Internet domain names.
"EEA" means European Economic Area.
"Effective Date" means the date this Business Agreement is last signed by a Party.
"End Users" means users of Customer's Services account. End Users may include Customer's and its Affiliate's employees and consultants.
"End User Account" means a YScope hosted account established by Customer through the Services for an End User.
"EU Data Protection Laws" means, to the extent in force and applicable from time to time, those laws implementing the EU General Data Protection Regulation (2016/679) and any implementing laws in each EU member state.
"Export Control Laws" means all applicable export and re-export control laws and regulations.
"Fees" means the amounts invoiced to Customer by YScope for the Services.
"HIPAA Business Associate Agreement" means an agreement between Customer and YScope detailing each Party's obligations regarding "Protected Health Information" under the HIPAA Privacy Rule (45 C.F.R. Section 164.051).
"Initial Services Term" means the term for the applicable Services beginning on the Provisioning Date and continuing for the duration set forth on the Order Form.
"Intellectual Property Rights" means current and future worldwide rights under patent, copyright, trade secret, trademark, moral rights, and other similar rights.
"Order Form" means the ordering document, or order page, for the Services.
"Personal Data, "Process," and "Processing" have the meaning given to those terms in the EU Data Protection Laws.
"Provisioning Date" is the date upon which Dropbox makes the Services available to Customer.
"Renewal Term" means, unless otherwise agreed to in writing by the Parties, the twelve-month renewal term following either the Initial Services Term, or a previous Renewal Term. Renewal Terms are set forth on the Order Form.
"Security Emergency" means: (i) use of the Services that do or could disrupt the Services, other customers' use of the Services, or the infrastructure used to deliver the Services; or (ii) unauthorized third-party access to the Services.
"Security Measures" means the technical and organizational security measures described at TODO or other link that YScope may provide.
"Services Term" means the Initial Services Term and all Renewal Terms for the applicable Services.
"Service Limits" means rate, storage, End User or other limits on Customers use of the Services as described in the applicable Order Form.
"Software" means the client software provided as part of the Services, either directly by YScope or through third party distribution channels such as app stores.
"Stored Data" means the data uploaded to the Services using the Software by Customer or End Users.
"Taxes" means any sales, use, value added, goods and services, consumption, excise, local stamp, or other tax, duty or other charge of any kind or nature excluding tax that is based on YScope's net income, associated with the Services or Software, including any related penalties or interest.
"Term" means the term of the Agreement, which will begin on the Effective Date and continue until the earlier of: (i) the end of all applicable Services Terms; or (ii) the Agreement is terminated as set forth herein.
"Third-Party Request" means a request from a third-party for records relating to an End User's use of the Services including information in or from an End User Account, or from Customer's Services account. Third-Party Requests may include valid search warrants, court orders, or subpoenas, or any other request for which there is written consent from End Users, or an End User's authorized representative, permitting a disclosure.
"Withholding Taxes" mean any income taxes that are imposed on YScope or Customer's reseller in which Customer is required by law to withhold or deduct on the payment to YScope or Customer's reseller.
Last updated: July 14, 2021
Thanks for using CLP! Here we describe how we collect, use, and handle your log data when you use our websites, software, and services ("Services").
What & Why
We collect and use the following information to provide, improve, protect, and promote our Services.
Account information. We collect, and associate with your account, the information you provide to us when you do things such as sign up for your account, upgrade to a paid plan, and set up two-factor authentication (like your name, email address, phone number, payment info, and physical address).
Your Log. Our Services are designed as a simple way for you to compress, store, and analyze your log data (“Your Log”). To make that possible, we store, process, and transmit Your Log as well as information related to it. This related information includes things like the size of the file, the time it was uploaded, and usage activity.
Usage information. We collect information related to how you use the Services, including actions you take in accessing Your Log (like queries and commands you enter). We use this information to provide, improve, and promote our Services, and protect CLP users. Please refer to our FAQ for more information about how we use this usage information.
Device information. We also collect information from and about the devices you use to access the Services. This includes things like IP addresses, the type of browser and device you use, and identifiers associated with your devices. Your devices (depending on their settings) may also transmit location information to the Services. For example, we use device information to detect abuse and identify and troubleshoot bugs.
Cookies and other technologies. We use technologies like cookies and pixel tags to provide, improve, protect, and promote our Services. For example, cookies help us with things like remembering your username for your next visit, understanding how you are interacting with our Services, and improving them based on that information. You can set your browser to not accept cookies, but this may limit your ability to use the Services. If our systems receive a DNT:1 signal from your browser, we’ll respond to that signal as outlined here. We may also use third-party service providers that set cookies and similar technologies to promote CLP services. You can learn more about how cookies and similar technologies work, as well as how to opt out of the use of them for advertising purposes, here.
Marketing. We give users the option to use some of our Services free of charge. These free Services are made possible by the fact that some users upgrade to one of our paid Services. If you register for our Services, we will, from time to time, send you information about upgrades when permissible. Users who receive these marketing materials can opt out at any time. If you don’t want to receive a particular type of marketing material from us, click the ‘unsubscribe’ link in the corresponding emails.
We sometimes contact people who don’t have a YScope account. For recipients in the EU, we will obtain consent before reaching out. If you receive an email and no longer wish to be contacted by YScope, you can unsubscribe and remove yourself from our contact list via the message itself.
Bases for processing your data. We collect and use the data described above in order to provide you with the Services in a reliable and secure manner. We also collect and use your data for our legitimate business needs. For more information on the lawful bases for processing your data, please see our FAQ.
For more details on the categories of personal information that are included in the information above, please see our FAQ.
The information is only accessible to YScope's founders and employees. Stewardship of your data is critical to us and a responsibility that we embrace.
Security. We have a team dedicated to keeping your information secure and testing for vulnerabilities. We continue to work on features to keep your information safe in addition to things like two-factor authentication, encryption of data when in transit and at rest. We deploy automated technologies to detect abusive behavior and content that may harm our Services, you, or other users.
User Controls. You can access, amend, download, and delete your personal information by logging into your YScope account and going to your account settings page.
Retention. When you sign up for an account with us, we’ll retain information you store in your account for as long as your account exists or as long as we need it to provide you the Services. When you create a deployment, we will retain information associated with that deployment as long as it exists. If you delete your account or a deployment, we’ll initiate deletion of the information within 30 days. Learn more here. But please note: (1) there might be some latency in deleting this information from our servers and back-up storage; and (2) we may retain this information if necessary to comply with our legal obligations, resolve disputes, or enforce our agreements.
Around the world. To provide you with the Services, we may store, process, and transmit data in the United States and locations around the world—including those outside your country. Data may also be stored locally on the devices you use to access the Services.
Your Control and Access of Your Data
You have control over your data and how it’s collected and used. For example, you can:
Delete your deployment or your YScope account.
Change or correct personal data. You can manage your account and the content contained in it, as well as edit some of your personal data, through your account settings page.
Object to the processing of your data. Depending on the processing activity, you can request that we stop or limit processing of your data.
If you would like to submit a data access request, request that your personal data be deleted, or object to the processing of your personal data, please email us at [email protected]. For more information on how to control and access your data, please see our FAQ.
If we’re involved in a reorganization, merger, acquisition, or sale of our assets, your data may be transferred as part of that deal. We’ll notify you (for example, via a message to the email address associated with your account) of any such deal and outline your choices in that event.
Have questions or concerns about Yscope, our Services, and privacy? Contact our Data Protection Officer at [email protected].
1. How long does YScope keep my data after I delete a deployment or delete my account?
When you delete a deployment or your YScope account, we will initiate deletion of the data associated with the deployment or your account you store on our Services after 30 days.
2. What are YScope's lawful bases for processing my data?
YScope processes your data (1) to provide the YScope Services to you pursuant to our contract with you; (2) in furtherance of its legitimate interests in operating our Services and business; and (3) with your consent. In some cases, YScope may process your data to comply with applicable law, legal process, or regulation; protect any person from death or serious bodily injury; or to carry out a task in the public interest.
Examples of YScope processing your data to provide you with the YScope Services include:
Providing, updating, maintaining, and protecting our Services and business. For example, we host Your Logs, back them up, and send them back to you when you ask us to. We also analyze how you use the Services to help you save cost, optimize your user experience, and stay on top of your most important work.
Troubleshooting issues you may encounter with the YScope Services. If you contact us with questions or concerns about the Services, we may use your personal information to respond.
Billing, account management, and administrative purposes. If you sign up for a trial or purchase a paid YScope plan, we may collect and process payment information, including your name, credit or debit card information, billing address, and details of your transaction history.
Sending you emails and other communications. We may contact you about important changes to our Services and Service-related notices. These communications are considered part of the YScope Services and you may not opt out of them.
Examples of YScope processing your data in furtherance of its legitimate interests in operating our Services and business include:
Understanding how you use our Services and improving them.
Promoting YScope Services that are most relevant to your interests
Optimizing YScope Services to save your cost.
Investigating and preventing security issues and abuse of the YScope Services or YScope users.
Examples of YScope processing your data with your consent include:
Sending you marketing materials about our Services. If you do not wish to receive these materials, simply click the Unsubscribe link in any email.
Collecting feedback from you to improve our Services and develop new features.
3. How does YScope collect and use my usage information?
We collect information about how you use the Services to efficiently and reliably provide the YScope Services. We also use such information to improve our Services and develop new features, protect YScope users, and, in some instances, promote the YScope Services. For example, we analyze your usage activity to optimize our backend system to provide the best query performance. To improve our Services, we collect information about how you interact with our Services to understand what features are most useful to you and improve them. To protect YScope users, we analyze things like IP addresses, login history, and email and password changes to detect and respond to abusive behavior.
4. How do I request deletion of, or object to or limit the use of, my data?
You can request that we stop, limit our use of, or delete your data in certain circumstances — for example, if we have no lawful basis to keep using your data, or if you think your personal data is inaccurate. If you believe that YScope has no lawful basis for using your personal data, believe there are other inaccuracies in your personal data, or wish to object to the use of your personal data or request deletion of your personal data, please let us know by contacting us at [email protected] and we’ll look into it. We will not discriminate against you for exercising any of these rights.
5. How do I move my data from YScope?
You can download Your Logs from your YScope deployment at any time. To do so, TODO.
6. What categories of personal information are included in the information YScope collects?
“Account information” means information about your account. This includes your identifying information, which could be your email address, Internet Protocol address,, and payment information. “Account information” could also include commercial information, such as your purchasing or consuming history or tendencies.
“Your Logs” is what you decide to store in your YScope CLP deployment.
“Usage information” includes information relating to your use of the Services. Because YScope provides online services, this may include internet or other electronic network activity information, such as information regarding your interaction with websites, applications, or advertisements.
“Device information” refers to information about the particular devices you use to access the Services, which may include Usage information or device-specific information, such as an online identifier or Internet Protocol address, or geolocation data.
“Cookies and other technologies” refers to technologies like cookies and pixel tags. These technologies can lead to the collection of online identifiers, Internet Protocol address, or other similar identifiers, as well as Usage information.
Cloud Security Measures
YScope has implemented and will maintain appropriate administrative, technical and physical safeguards to protect Stored Data as set forth below. YScope may update these Security Measures from time to time, provided however that YScope will notify Customer if YScope updates the Security Measures in a manner that materially diminishes the administrative, technical or physical security features described herein.
YScope Architecture. YScope’s Services are designed with multiple layers of protection, covering data transfer, encryption, network configuration and application-level controls that are distributed across a scalable, secure infrastructure. End Users of the Service can access files and folders at any time from the desktop, web and mobile clients. All of these clients may connect to secure services to access, search and export data. Each has security features that process and protect user data while ensuring ease of access.
Encryption. To protect Stored Data in transit between YScope and customer, YScope uses Secure Sockets Layer (SSL)/Transport Layer Security (TLS) for data transfer, creating a secure tunnel protected by 128-bit or higher Advanced Encryption Standard (AES) encryption, or other cipher with at least equivalent key strength. File data at rest is encrypted using 256-bit AES encryption, or cipher with at least equivalent key strength. YScope’s key management infrastructure is designed with operational, technical and procedural security control with limited direct access to keys. Encryption key generation, exchange and storage are distributed for decentralized processing.
Reliability. The Services are developed with multiple layers of redundancy to guard against data loss.
Policies. YScope has established a thorough set of security policies covering areas of information security, physical security, incident response, logical access, physical production access, change management and support. These policies are reviewed and approved at least annually. YScope personnel are notified of updates to these policies and are provided security training.
Personnel Policy and Access. YScope’s internal policies require onboarding procedures that include security policy acknowledgement, communicating updates to security policy and non-disclosure agreements. All personnel access is promptly removed when an employee or contractor leaves the company. YScope employs technical access controls and internal policies to prohibit employees and contractors from arbitrarily accessing user data, metadata and other information about end user’s accounts. In order to protect end user privacy and security, only a small number of employees and contractors have access to the environment where end user files are stored. A record of access request, justification and approval are recorded by management and access is granted by appropriate individuals.
Network Security. YScope maintains network security and monitoring techniques that are designed to provide multiple players of protection and defense. YScope employs industry-standard protection techniques, including firewalls, network security monitoring, and intrusion detection systems to ensure only eligible traffic is able to reach YScope’s infrastructure.
Change Management. YScope ensures that security-related changes have been authorized prior to implementation into the production environments. Source code changes are initiated by developers that would like to make an enhancement to systems that directly support the Services. Changes to YScope’s infrastructure are restricted to authorized personnel only. Changes to the application level of the Services are required to go through automated quality assurance (“QA”) testing procedures to verify that security requirements are met. Successful completion of QA procedures leads to implementation of the change.
Infrastructure. Physical access to subservice organization facilities where production systems reside are restricted to personnel authorized by YScope, as required to perform their job function. Any individuals requiring additional access to production environment facilities are granted that access through explicit approval by appropriate management.
Office. YScope or office building management maintains a physical security team that is responsible for enforcing physical security policy and overseeing the security of our corporate offices. Access to areas containing corporate services are restricted to authorized personnel.
Continued Evaluation. YScope will conduct periodic reviews of its information security policies and procedures as measured against industry security standards and will continually evaluate whether additional or different security measures are required to respond to new security risks or findings generated by periodic reviews.