Accelerate (the “product”), is owned and operated by Aerial Vantage. The purpose of Accelerate is to provide geospatial intelligence products and services. By using Accelerate or any services provided on Accelerate (collectively, “Services”), you acknowledge that you have read, understood, and agree to be bound by the following terms of service and any future modifications to this agreement (collectively, the “Terms”). If at any time you do not agree to all these Terms, please immediately terminate your use of the Services. You, on your own behalf and on behalf of your company, acknowledge that these Terms are binding and enforceable on you and your company (collectively, “You” or “Customer”).
Account and License
As a Customer you will register an Accelerate account by providing accurate and complete information (the “Customer Account”). Customers may authorize one or more of its employees, consultants, vendors, or agents (collectively, “Authorized Users”) to access and use Accelerate (the “SaaS Solution”) on Customer’s behalf. Each Authorized User will establish or be provided a username and password. Customer acknowledges that its Authorized Users have access to its Customer Account(s) and Customer Data. The Customer is responsible for establishing the level of access for each Authorized User.
Software and SaaS Solution.
Customers may be required to download or install software, an agent, or plug-in (collectively, “Software”) to support the SaaS Solution. Aerial Vantage grants Customers a limited, non-exclusive, non-sublicensable, non-transferable and revocable license to use the Software during the Term, and access the SaaS Solution, FAQs, website, user manuals and other information provided to assist Customer in its use and operation of the SaaS Solution (the “Documentation”). Customer’s license to the Software is co-terminus with Customer’s right to access and use the SaaS Solution for which the Software is required.
Aerial Vantage may provide Customers with a fourteen (14) -day free trial of Accelerate for non-production purposes (a “Trial Account”). Accelerate is under no obligation to retain Customer Data after the trial period. The Trial Account and related SaaS Solution are provided “as is” and without representation, warranty, liability or indemnification obligations.
Service and Feedback.
In addition to data transmitted by Customer to Accelerate in connection with the provision of the SaaS Solution (“Customer Data”), Aerial Vantage may collect or receive technical data, such as logs, reports and error messages (collectively, “Diagnostic Data”) through the SaaS Solution. Further, Customer or its Authorized Users may provide Aerial Vantage with reports, comments, suggestions or ideas relating to the SaaS Solution (“Feedback”). Customer agrees that its provision of Feedback does not give it any intellectual property or any other right, title or interest in or to any aspects of the SaaS Solution. Customer grants Aerial Vantage with a worldwide, non-exclusive, royalty-free, fully-paid up, transferable and sublicensable right to: (i) use, reproduce, and modify Diagnostic Data and Feedback, and (ii) use, replicate, deduplicate, and store Customer Data for the purpose of delivering the SaaS Solution pursuant to these Terms and improving the SaaS Solution.
Availability and Support
Service and Support.
Support for Customer’s subscribed to an Accelerate account (Individual and Professional) will be provided via email Monday through Friday from 8am to 5pm Eastern Time. For Enterprise customers, support will be provided via email and phone Monday through Friday from 8am to 5pm Eastern Time.
The SaaS Solution is available at least 99.0% of the time measured on a monthly basis (“Uptime”). The Uptime does not apply to any downtime due to: (i) any emergency or planned maintenance, repair, or upgrade; (ii) issues or failures with Customer’s or its service providers’ services, applications, software, hardware or other components not supplied by Commvault; (iii) third-party attacks, intrusions, distributed denial of service attacks or force majeure events, including those at Customer’s site or between Customer’s site and data centers made available through the SaaS Solution; or (iv) Customer’s acts or omissions in violation of these Terms.
To the extent Customer uses Accelerate’s hosted storage, Customer acknowledges that such hosted storage is provided by a cloud vendor (e.g., Amazon Web Services). Customer’s use of hosted storage services is subject to the then-current cloud subscription provider Online Subscription Agreement(s). To the extent Customer uses its own hosted storage provider, the terms of such hosted storage provider shall govern. Customer is solely responsible for the retention policies and any other policy settings, schedules, and configurable parameters applied to Customer Data, including implementing its own specific retention policies.
Activation, Fees and Termination
Aerial Vantage initiates activation of the SaaS Solution upon receipt of a valid subscription request, by providing Customer with access to an account on that day (the “Activation Date”). The term of Customer’s subscription to the SaaS Solution shall begin on the Activation Date and continue as set forth on the applicable purchase order (the “Term”).
Customer shall pay the Fees set forth in the subscription request, or as otherwise agreed. Fees are charged in arrears on the last day of the applicable period following the Activation Date, unless otherwise agreed. Professional services, if any, will be contracted separately, and may be subject to additional terms and fees.
Aerial Vantage may at any time, suspend or terminate Customer’s access to the SaaS Solution, in whole or in part, for the following reasons: (i) a threat to the security or integrity of the SaaS Solution, including if any registration information is inaccurate or incomplete, or if Customer or any of its Authorized Users fail to maintain the security of any Access Credentials; (ii) Customer has materially breached these Terms; or (iii) any amount due under these Terms is not received by Aerial Vantage within thirty (30) days after it was due.
Effect of Termination.
Customer is responsible for preserving its Customer Data upon termination or expiration of these Terms. In the event of termination or expiration of these Terms: (i) all rights and licenses to the SaaS Solution shall immediately cease; (ii) Customer shall promptly pay Aerial Vantage any Fees due and payable through the date of termination; and (iii) Aerial Vantage may delete Customer Data sixty (60) days following such termination or expiration. Customer must promptly notify Aerial Vantage before the expiration of such sixty (60) day period and pay the then-current fees to extract its Customer Data.
Aerial Vantage does not claim ownership of the Customer’s data. When data is published in Accelerate, the Customer represents that they own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) to said data.