End User Terms of Service

Apptega, Inc. (“Apptega”) has a Subscription Agreement and Partner Program Agreement (collectively, “Agreement”) with a third-party reseller (“Partner”) that has requested Apptega to grant you access to the Services.  Capitalized terms herein are defined in the Agreement.  If you click below to accept Apptega’s End User Terms, you will be granted access to the Services as an End User (“End User”, and together with Apptega, the “Parties”).  

Apptega will provide End User the Services for the End User to collect, store and display its information security information, and to access certain standard information security frameworks.  Apptega does not guarantee access to any specific frameworks, which may be updated periodically.

Apptega will provide the Services in accordance with the Agreement.  End User will pay for the Services to the Partner who will then remit to Apptega its portion of the fees paid by the End User for the Services.  Apptega may suspend or terminate End User’s access to the Services for delays in payment or non-payment, by either the Partner or End User, as applicable.

End User is responsible for managing the confidentiality of its login and password to the Services and will immediately report any breach of its login or password credentials to Apptega.  End User will delete login permissions for its permitted contractors or employees if they are no longer providing services to the End User.

Apptega owns all right, title, and interest in and to the Services, including, without limitation, all modifications, improvements, upgrades, derivative works, and feedback related thereto and all intellectual property rights therein.  Upon termination or expiration of the applicable Partner Program Agreement, End User shall cease using the Services and any Apptega intellectual property as provided in the Partner Program Agreement.   The Partner Program Agreement may permit Apptega to contact the End User to continue to receive the Services either directly from Apptega or through another authorized reseller.  You will receive notifications from the Partner or Apptega, as provided in the Partner Program, in advance of any suspension or termination of the Services due to termination or expiration of the Partner Program Agreement.

End User is responsible for, owns, and / or has all third-party consents regarding the information that End User stores in the Services.  End User will not store any personally identifiable information in the Services.  End User grants Apptega a limited, non-exclusive, royalty-free, perpetual, world-wide license to use the End User’s information stored in the Services to provide, improve, and monitor the Services.  

End User may not (i) copy, reproduce, modify, translate, prepare derivative works of, de-compile, reverse engineer, disassemble or otherwise attempt to derive source code from the Services; (ii) use, evaluate or view the Services for the purpose of designing or creating a product or service competitive to Apptega; or (iii) resell, use the Services in a service bureau, or provide services for a third party. End User will exercise commercially reasonable measures to maintain the confidentiality of the Services.  

APPTEGA DISCLAIMS ALL WARRANTIES, CONDITIONS, OR REPRESENTATIONS (EXPRESS, IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SERVICES.  APPTEGA IS NOT LIABLE TO THE END USER FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES.  IN NO EVENT WILL THE TOTAL COLLECTIVE LIABILITY OF APPTEGA UNDER THE END USER TERMS EXCEED THE AGGREGATE FEES PAID TO APPTEGA UNDER THE PARTNER PROGRAM AGREEMENT WITH RESPECT TO END USER’S ACCESS TO THE SERVICES.   LIABILITY CAPS HEREUNDER INCLUDE ANY LIABILITY AMOUNTS TO THE PARTNER FOR THE SAME CLAIM.

If End User breaches the End User Terms and does not cure the breach within thirty (30) days, Apptega may suspend or terminate the End User’s access to the Services.  Suspension or termination by Apptega does not relieve the End User from any payment obligations.

Neither party will be in default for failing to perform any obligation due to force majeure events including acts of God, civil commotion, third party websites, strikes, terrorism, hackers, failure of networks, the Internet, power outages, labor disputes or government restrictions.

If the End User Terms are acceptable to the End User, you must click to sign to create a binding agreement between the Parties.  By clicking on the End User Terms, you warrant that you have the authority to bind your organization to the End User Terms.   You will be required to provide your name and the legal entity name of the End User when you click to accept the End User Terms.  A date stamp will be added automatically when you click to accept the End User Terms.  A copy of the End User Terms is available at https://www.apptega.com/legal/end_user_terms_07-2023.  

Last updated: 07/01/2023