# What is Onit? Onit helps you by running scheduled stand-ups and updating Jira issues at the same time through Slack. It collects your team updates and generates clear reports and insights. # Getting started ## Install Onit for Jira Please proceed to the Onit app page in Jira's marketplace and install it from there. ## Install Onit for Slack Once Onit is installed to your Jira, click the Apps button in the top menu and select **Onit**. ![](/files/-MKucayAcaJhk9THJLGv) You will be redirected to the Onit app page. If you have not installed Onit for Slack in your Slack workspace yet, the *Add to Slack* button will be shown. Click it. ![](/files/-MKucpyLD5jYCz7-e5JE) You will be forwarded to grant permission for the Onit app to access your Slack workspace. ![](/files/-MKuczG7Xrgw_dgV94-n) Read carefully all the permissions required by Onit for Slack and click *Allow*. After Onit is successfully installed to your Slack workspace, you will be able to configure your stand-up meetings. ### Eventual Errors If you have been redirected to this section after attempting to install Onit for Slack, your installation have failed. If this is not your case, please ignore this section. Onit for Slack may fail to install due to three main reasons: 1. **Onit was not granted permission to be installed on your Slack workspace.** In this case, you may try clicking the *Add to Slack* button in the Onit app page in Jira. If you are not authorized to install apps on your Slack workspace, make sure your Slack Administrator is aware of the installation request. 2. **The** ***Add to Slack*** **button was outdated.** If your Onit app page in Jira was open for a long time, it is possible that the *Add to Slack* button lost synchronization with our servers. In this case, refresh the app page in Jira and try it again. 3. **There was a communication error between Onit and Slack.** If none of the previous options worked, it is possible that either Slack's or our servers lost communication. Please retry at a later moment. ## Configure a Stand-up You have successfully installed Onit to your Slack workspace. Now to configure a stand-up, go to the Onit app page in Jira. ![](/files/-MKunS6MtgkyGb2sk0xk) Click *Create your first Stand-up*. The following form will be displayed: ![](/files/-MKuy1LJxr6Ig3vUN8bh) To add a new stand-up you will need to provide: * **The stand-up name.** * **A** ***JQL*** **filter:** used to select the Jira issues that will be displayed to each attendee during their update. You may use the JQL Editor to help you write one. * **When it will happen:** the time, in a specific timezone, to start and finish a stand-up and which weekdays it should happen. At the start time, Onit will start a private conversation in Slack with each attendee and collect the update. At the end time, Onit will summarize all the updates and share in the specified Slack channel and *Reports* section in Jira. Each attendee will still be able to edit their updates via Slack after the end time, and the changes will be reflected in the summary. * **A Slack channel:** used to post the stand-up summaries. After you create the stand-up, menu items for Attendees and Questions will apper on the left sidebar. ![](/files/-MZh4SU-Pdn5karTm6jp) You can add Jira users as attendees. Onit links Slack users to Jira users through their email address, and will let you know if a Jira user's email cannot be matched to a user in your Slack workspace. You will be given the option to provide a different email for those cases. ![](/files/-MZh4SU1i5NHi3d4V5e6) A stand-up has a default set of questions that will be asked to each attendee. You can add, edit and re-order them in the Questions page ![](/files/-MKv5m9QtB87dNWSFzk7) Navigate back to the Standup list to see your newly configured stand-up ![](/files/-MKv50Mfzz8mTEm1A8_n) The *Actions* column gives you options to edit the stand-up or remove it. Once you are done with the configuration, you're all set. Onit will nudge each team member at the scheduled start time and collect their updates. # Planned features Upcoming features Here are some features we have in our backlog for short-term implementation. Drop us an email if you'd like anything that is not listed here. * Enable the creation of different question types with configurable answer options * Provide templates for different polls so Onit can manage more than just stand-ups * Option to pause a standup * Ability to invite users from other Slack workspaces to a standup # Privacy Policy Last updated September 22, 2020 Thank you for choosing to be part of our community at Onit ("**Company**", "**we**", "**us**", "**our**"). We are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about this privacy notice, or our practices with regards to your personal information, please contact us at . When you visit our website (here and after referred as the "**Website**") or use Onit for Jira and Slack (here and after referred as the "**Platforms**") or any other Onit service (together referred as the "**Services**"), we appreciate that you are trusting us with your personal information. We take your privacy very seriously. In this privacy notice, we seek to explain to you in the clearest way possible what information we collect, how we use it and what rights you have in relation to it. We hope you take some time to read through it carefully, as it is important. If there are any terms in this privacy notice that you do not agree with, please discontinue use of our Services immediately. **Please read this privacy notice carefully as it will help you understand what we do with the information that we collect.** ## **1. WHAT INFORMATION DO WE COLLECT?** ***In Short:** We collect personal information that you provide to us* ### **Platforms Information** **User Information:** If you are a member of the team that users our Services, we receive your username, first and last name, avatar, timezone and email address from the Platform where our Services were installed to. This information is collected and shared as part of Onit's features to your team only. **Business Information:** When you or another user enables our Services for your team in a supported Platform, we pull specific information from the Platform API. For example, when installing Onit for Jira, we may collect information on issues and projects related to updates in a Stand-up. When installing Onit for Slack, we receive the name and avatar of your workspace, the public channels available, their name, topic and purpose. **Messages Directed at the Onit bot:** We store messages directed at the Onit bot, whether by direct message, by conversations during the dialogs with Onit bot or an @-mention in a Platform chat room. We do not store messages not directed at the Onit bot. ### **Personal information you disclose to us** We collect information about you when you input it into the Services or otherwise provide it directly to us. **Account and Profile Information:** We collect information about you when you modify your profile, set preferences, update settings or make purchases through the Services. We keep track of your preferences when you select settings within the Services. **Content you provide through our websites:** The Services also include our website owned or operated by us. We collect other content that you submit to the Website, which include social media. For example, you provide content to us when you provide feedback or when you participate in any interactive features, surveys, contests, promotions, activities or events. **Information you provide through our support channels:** The Services also include our customer support, where you may choose to submit information regarding a problem you are experiencing with a Service. Whether you designate yourself as a technical contact, open a support ticket, speak to one of our representatives directly or otherwise engage with our support team, you will be asked to provide contact information, a summary of the problem you are experiencing, and any other documentation, screenshots or information that would be helpful in resolving the issue. All personal information that you provide to us must be true, complete and accurate, and you must notify us of any changes to such personal information. ### **Information we collect automatically when you use the Services** **Your use of the Services:** We keep track of certain information about you when you visit and interact with any of our Services. This information includes the features you use; the links you click on; the type, size and filenames of attachments you upload to the Services; frequently used search terms; and how you interact with others on the Services. We also collect information about the teams and people you work with and how you work with them, like who you collaborate with. **Device and Connection Information:** We collect information about your computer, phone, tablet, or other devices you use to access the Services. This device information includes your connection type and settings when you install, access, update, or use our Services. We also collect information through your device about your operating system, browser type, IP address, URLs of referring/exit pages, device identifiers, and crash data. We use your IP address and/or country preference in order to approximate your location to provide you with a better Service experience. How much of this information we collect depends on the type and settings of the device you use to access the Services. **Other users of the Services:** Other users of our Services may provide information about you when they submit content through the Services. For example, you may be mentioned in a Stand-up created by someone else. Similarly, an administrator may provide your user name when they designate you as the technical contact on your company's account. **Web browser cookies:** Our Website and Services may use “cookies” to enhance your user experience. Your web browser may place cookies on their hard drive for record-keeping purposes and sometimes to track information about them. You may choose to set your web browser to reject cookies, or to alert you when cookies are being sent. If you do so, please note that some parts of the Website may not function properly. Please also note that “cookies” are used to collect general usage and volume statistical information that does not include personal information. **Web beacons:** Our Website may also contain electronic images known as Web beacons (sometimes called single-pixel gifs) that are set by our service providers or business partners. Web beacons are used along with cookies enabling us and/or our partners to compile aggregated statistics and analyze how our Website is used. We may use a third party service provider or our business partners to gather information about how you and others use our Website. For example, we will know how many users access a specific page and which links they clicked on. We use this aggregated information to understand and optimize how our Website is used. ### **Information collected from other sources** Our Website may include links to other web pages whose privacy practices may differ from ours. If you submit personal information to any of those sites, your information is governed by their privacy policies. We encourage you to carefully read a privacy policy of any website you visit. ## **2. HOW DO WE USE YOUR INFORMATION?** ***In Short:** We process your information for purposes based on legitimate business interests, the fulfillment of our contract with you, compliance with our legal obligations, and/or your consent.* We use personal information collected via our Website or Services for a variety of business purposes described below. We process your personal information for these purposes in reliance on our legitimate business interests, in order to enter into or perform a contract with you, with your consent, and/or for compliance with our legal obligations. We indicate the specific processing grounds we rely on next to each purpose listed below. We use the information we collect or receive: * **To deliver and facilitate delivery of services to the user.** We may use your information to provide you with the requested service. * **To personalize the user experience.** We may use your information to infer settings and improve your experience and personalize the content you receive. * **For research and development.** We are always looking for ways to make our Services smarter, faster, secure, integrated, and useful to you. We use collective learnings about how people use our Services and feedback provided directly to us to troubleshoot and to identify trends, usage, activity patterns and areas for integration and improvement of the Services. * **To send administrative information to you.** We may use your personal information to send you product, service and new feature information and/or information about changes to our terms, conditions, and policies. * **To request feedback.** We may use your information to request feedback and to contact you about your use of our Services. * **To respond to user inquiries/offer support to users.** We may use your information to respond to your inquiries and solve any potential issues you might have with the use of our Services. * **To manage user accounts.** We may use your information for the purposes of managing our account and keeping it in working order. * **To enable user-to-user communications.** We may use your information in order to enable user-to-user communications with each user's consent. * **To facilitate account creation and logon process.** If you choose to link your account with us to a third-party account (such as your Slack, Github, Google or Facebook account), we use the information you allowed us to collect from those third parties to facilitate account creation and logon process for the performance of the contract. * **To market, promote and drive engagement with the Services.** We use your contact information and information about how you use the Services to send promotional communications that may be of specific interest to you, including by email and by displaying Onit ads on other companies' websites and applications, as well as on platforms like Facebook and Google. These communications are aimed at driving engagement and maximizing what you get out of the Services, including information about new features, survey requests, newsletters, and events we think may be of interest to you. We also communicate with you about new product offers, promotions and contests. You can control whether you receive these communications as described below under "Opt-out of communications." * **To post testimonials.** We post testimonials on our Website that may contain personal information. Prior to posting a testimonial, we will obtain your consent to use your name and the content of the testimonial. If you wish to update, or delete your testimonial, please contact us at and be sure to include your name, testimonial location, and contact information. * **To administer prize draws and competitions.** We may use your information to administer prize draws and competitions when you elect to participate in our competitions. * **To protect our Services.** We may use your information as part of our efforts to keep our Services safe and secure (for example, for fraud monitoring and prevention). * **To enforce our terms, conditions and policies for business purposes, to comply with legal and regulatory requirements or in connection with our contract.** * **To respond to legal requests and prevent harm.** If we receive a subpoena or other legal request, we may need to inspect the data we hold to determine how to respond. * **For other business purposes.** We may use your information for other business purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Services, products, marketing and your experience. We may use and store this information in aggregated and anonymized form so that it is not associated with individual end users and does not include personal information. We will not use identifiable personal information without your consent. ## **3. WILL YOUR INFORMATION BE SHARED WITH ANYONE?** ***In Short:** We only share information with your consent, to comply with laws, to provide you with services, to protect your rights, or to fulfill business obligations.* We may process or share your data that we hold based on the following legal basis: * **Consent:** We may process your data if you have given us specific consent to use your personal information for a specific purpose. * **Legitimate Interests:** We may process your data when it is reasonably necessary to achieve our legitimate business interests. * **Performance of a Contract:** Where we have entered into a contract with you, we may process your personal information to fulfill the terms of our contract. * **Legal Obligations:** We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements). * **Vital Interests:** We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved. More specifically, we are not disclosing any of your information to anyone but your team. We only use your personal data to deliver and improve our Service. We may store some of your personal information on the side of our service providers, business partners, subsidiaries and affiliates when we use their services. Their list and services include, but not limited to: * Digital Ocean - hosting provider where we lease servers to store our data. We do not sell, lease or transfer your personal information to third parties, but we may disclose your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company. ## **4. HOW LONG DO WE KEEP YOUR INFORMATION?** ***In Short:** We keep your information for as long as necessary to fulfill the purposes outlined in this privacy notice unless otherwise required by law.* We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy notice, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements). No purpose in this notice will require us keeping your personal information for longer than one (1) months past the termination of the user's account. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible. ## **5. HOW DO WE KEEP YOUR INFORMATION SAFE?** ***In Short:** We aim to protect your personal information through a system of organizational and technical security measures.* We have implemented appropriate technical and organizational security measures designed to protect the security of any personal information we process. However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security, and improperly collect, access, steal, or modify your information. Although we will do our best to protect your personal information, transmission of personal information to and from our Services is at your own risk. You should only access the Services within a secure environment. ## **6. DO WE COLLECT INFORMATION FROM MINORS?** ***In Short:** We do not knowingly collect data from or market to children under 18 years of age.* We do not knowingly solicit data from or market to children under 18 years of age. By using the Services, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the Services. If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we may have collected from children under age 18, please contact us at . ## **7. WHAT ARE YOUR PRIVACY RIGHTS?** ***In Short:*** In some regions, such as the European Economic Area, you have rights that allow you greater access to and control over your personal information. You may review, change, or terminate your account at any time. In some regions (like the European Economic Area), you have certain rights under applicable data protection laws. These may include the right (i) to request access and obtain a copy of your personal information, (ii) to request rectification or erasure; (iii) to restrict the processing of your personal information; and (iv) if applicable, to data portability. In certain circumstances, you may also have the right to object to the processing of your personal information. To make such a request, please contact us at . We will consider and act upon any request in accordance with applicable data protection laws. If we are relying on your consent to process your personal information, you have the right to withdraw your consent at any time. Please note however that this will not affect the lawfulness of the processing before its withdrawal, nor will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent. If you are a resident in the European Economic Area and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here: . If you are a resident in Switzerland, the contact details for the data protection authorities are available here: . If you have questions or comments about your privacy rights, you may email us at . ### **Account Information** If you would at any time like to review or change the information in your account or terminate your account, you can: * Contact us at . Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, we may retain some information in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Use and/or comply with applicable legal requirements. **Opting out of email marketing:** You can unsubscribe from our marketing email list at any time by clicking on the unsubscribe link in the emails that we send or by contacting us using the details provided below. You will then be removed from the marketing email list — however, we may still communicate with you, for example to send you service-related emails that are necessary for the administration and use of your account, to respond to service requests, or for other non-marketing purposes. To otherwise opt-out, you may: * Contact us at . ## **8. CONTROLS FOR DO-NOT-TRACK FEATURES** Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track ("DNT") feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy notice. ## **9. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?** ***In Short:** Yes, if you are a resident of California, you are granted specific rights regarding access to your personal information.* California Civil Code Section 1798.83, also known as the "Shine The Light" law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below. If you are under 18 years of age, reside in California, and have a registered account in our Services, you have the right to request removal of unwanted data that you publicly post on the Services. To request removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on our Services, but please be aware that the data may not be completely or comprehensively removed from all our systems (e.g. backups, etc.). ### **CCPA Privacy Notice** The California Code of Regulations defines a "resident" as: 1. every individual who is in the State of California for other than a temporary or transitory purpose and 2. every individual who is domiciled in the State of California who is outside the State of California for a temporary or transitory purpose All other individuals are defined as "non-residents." If this definition of "resident" applies to you, we must adhere to certain rights and obligations regarding your personal information. #### **What categories of personal information do we collect?** We have collected the following categories of personal information in the past twelve (12) months: | **Category** | **Examples** | **Collected** | | --------------------------------------------------------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | :-----------: | | Identifiers | Contact details, such as real name, alias, postal address, telephone or mobile contact number, unique personal identifier, online identifier, Internet Protocol address, email address and account name | Yes | | Personal information categories listed in the California Customer Records statute | Name, contact information, education, employment, employment history and financial information | Yes | | Protected classification characteristics under California or federal law | Gender and date of birth | No | | Commercial information | Transaction information, purchase history, financial details and payment information | No | | Biometric information | Fingerprints and voiceprints | No | | Internet or other similar network activity | Browsing history, search history, online behavior, interest data, and interactions with our and other websites, applications, systems and advertisements | Yes | | Geolocation data | Device location | No | | Audio, electronic, visual, thermal, olfactory, or similar information | Images and audio, video or call recordings created in connection with our business activities | Yes | | Professional or employment-related information | Business contact details in order to provide you our services at a business level, job title as well as work history and professional qualifications if you apply for a job with us | No | | Education Information | Student records and directory information | No | | Inferences drawn from other personal information | Inferences drawn from any of the collected personal information listed above to create a profile or summary about, for example, an individual’s preferences and characteristics | No | We may also collect other personal information outside of these categories instances where you interact with us in-person, online, or by phone or mail in the context of: * Receiving help through our customer support channels; * Participation in customer surveys or contests; and * Facilitation in the delivery of our Services and to respond to your inquiries. #### **How do we use and share your personal information?** More information about our data collection and sharing practices can be found in this privacy notice. You may contact us by email at . If you are using an authorized agent to exercise your right to opt-out we may deny a request if the authorized agent does not submit proof that they have been validly authorized to act on your behalf. #### **Will your information be shared with anyone else?** We may disclose your personal information with our service providers pursuant to a written contract between us and each service provider. Each service provider is a for-profit entity that processes the information on our behalf. We may use your personal information for our own business purposes, such as for undertaking internal research for technological development and demonstration. This is not considered to be "selling" of your personal data. Onit has not disclosed or sold any personal information to third parties for a business or commercial purpose in the preceding 12 months. Onit will not sell personal information in the future belonging to website and service users and other consumers. #### **Your rights with respect to your personal data** *Right to request deletion of the data - Request to delete* You can ask for the deletion of your personal information. If you ask us to delete your personal information, we will respect your request and delete your personal information, subject to certain exceptions provided by law, such as (but not limited to) the exercise by another consumer of his or her right to free speech, our compliance requirements resulting from a legal obligation or any processing that may be required to protect against illegal activities. *Right to be informed - Request to know* Depending on the circumstances, you have a right to know: * whether we collect and use your personal information; * the categories of personal information that we collect; * the purposes for which the collected personal information is used; * whether we sell your personal information to third parties; * the categories of personal information that we sold or disclosed for a business purpose; * the categories of third parties to whom the personal information was sold or disclosed for a business purpose; and * the business or commercial purpose for collecting or selling personal information. In accordance with applicable law, we are not obligated to provide or delete consumer information that is de-identified in response to a consumer request or to re-identify individual data to verify a consumer request. *Right to Non-Discrimination for the Exercise of a Consumer’s Privacy Rights* We will not discriminate against you if you exercise your privacy rights. *Verification process* Upon receiving your request, we will need to verify your identity to determine you are the same person about whom we have the information in our system. These verification efforts require us to ask you to provide information so that we can match it with information you have previously provided us. For instance, depending on the type of request you submit, we may ask you to provide certain information so that we can match the information you provide with the information we already have on file, or we may contact you through a communication method (e.g. phone or email) that you have previously provided to us. We may also use other verification methods as the circumstances dictate. We will only use personal information provided in your request to verify your identity or authority to make the request. To the extent possible, we will avoid requesting additional information from you for the purposes of verification. If, however, if we cannot verify your identity from the information already maintained by us, we may request that you provide additional information for the purposes of verifying your identity, and for security or fraud-prevention purposes. We will delete such additionally provided information as soon as we finish verifying you. *Other privacy rights* * you may object to the processing of your personal data * you may request correction of your personal data if it is incorrect or no longer relevant, or ask to restrict the processing of the data * you can designate an authorized agent to make a request under the CCPA on your behalf. We may deny a request from an authorized agent that does not submit proof that they have been validly authorized to act on your behalf in accordance with the CCPA. * you may request to opt-out from future selling of your personal information to third parties. Upon receiving a request to opt-out, we will act upon the request as soon as feasibly possible, but no later than 15 days from the date of the request submission. To exercise these rights, you can contact us by email at , or by referring to the contact details at the bottom of this document. If you have a complaint about how we handle your data, we would like to hear from you. ## **10. DO WE MAKE UPDATES TO THIS NOTICE?** ***In Short:** Yes, we will update this notice as necessary to stay compliant with relevant laws.* We may update this privacy notice from time to time. The updated version will be indicated by an updated "Revised" date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy notice, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy notice frequently to be informed of how we are protecting your information. ## **11. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?** If you have questions or comments about this notice, you may email us at **.** ## **12. HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?** Based on the applicable laws of your country, you may have the right to request access to the personal information we collect from you, change that information, or delete it in some circumstances. To request to review, update, or delete your personal information, please visit: . We will respond to your request within 30 days. # Jira - End User License Agreement Last updated September 22, 2020 This End-User License Agreement ("**EULA**") states the terms and conditions agreed between **Licensee** (either an individual or, an entity), and Onit ("**Licensor**"), to use Onit for Jira ("**Software**"). This EULA applies from the date when the Licensee receives the Software from a Reseller or Onit. An amendment or addendum to this EULA may accompany the Software and any such amendment or addendum whose terms shall be considered part of and shall prevail over the EULA. The Software is licensed under the provisions of the "Standard EULA" from the [Atlassian Marketplace Terms of Use](http://www.atlassian.com/licensing/marketplace/termsofuse) as a "Marketplace Product". This document is an addendum to, and therefore extends, the [Atlassian Marketplace Terms of Use](http://www.atlassian.com/licensing/marketplace/termsofuse). The EULA includes by reference Onit’s [Privacy Policy](/legal/privacy-policy). By installing, copying, downloading or otherwise using in any way the Software, or by clicking a box indicating your acceptance, you agree to be bound by the terms of this EULA as Licensee. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, YOU MAY NOT INSTALL, COPY, DOWNLOAD OR OTHERWISE USE THE SOFTWARE. ## 1. License The Software is licensed, not sold. Upon Licensee’s acceptance of this EULA, Licensor grants the Licensee the non-exclusive and a non-transferable right to use the Software subject to the following conditions: * The licenses granted are subject to the condition that the Licensee must ensure the maximum number of Authorized Users who have access to the Software is equal to the number of User Licenses for which the necessary Fees have been paid to the Reseller or Licensor. The Licensee may purchase additional User Licenses at any time on payment of the appropriate Fees to the Reseller or Licensor. * Each License granted by the Licensor under this EULA is unless otherwise specified in this EULA or agreed by Licensor in writing, a worldwide, non-exclusive and non-transferable authorization to use the Software up to its Term. * The Licensee must: (a) ensure that only an Authorized User uses the Software and only in accordance with the terms and conditions of this EULA and (b) ensure that the Software is not used for rental, timesharing, subscription service, hosting or outsourcing. * The Licensee must not, whether through negligent act or omission, or without the prior written consent of the Licensor, which may be withheld at its sole discretion and conditions: (a) decompile; reverse engineer; disassemble; modify; adapt; create derivative works from; or otherwise attempt to derive; any part or whole of the Software; (b) directly or indirectly access or use any Embedded Software independently of the rest of the Software; (c) sell; sublicense; rent, redistribute; reproduce; transmit; circulate; disseminate; (f) commit any act or omission the likely result of which is that Licensor or any of its third-party suppliers reputation will be brought into disrepute or which could reasonably be expected to have or does have a material and adverse effect on Licensor interests; (h) copy or embed elements of the Accessible Code contained in the Software into other software. * Subject to the terms of this EULA and unless terminated earlier in accordance with this EULA, the term granted hereunder shall be for a Cloud Product, the period of time of the Paid License subscription or renewal, or the Evaluation Period. * The Software contains some functions created to obtain data regarding the server and usage of the Software that will be sent to the Licensor, and that data will be used only for the Licensor internal purposes to improve and develop the Software capacities and performance. ## 2. Payments The Licensee must pay all Fees by their due date notified to the Licensee and in the manner directed at the time of Purchase of the User License. Failure to pay the Fees by the due date will result in the immediate termination of the Licenses granted under this EULA. ## 3. Maintenance and Support This EULA applies to updates, add-on components, or Internet-based services components of the Software that the Licensor may provide to the Licensee unless the Licensor provides other terms along with any Supplementary Software. ## 4. Ownership and Reservation of Rights The Licensor retains all rights, title, and interest in and to the Software, as well as all intellectual property rights (such as copyright, patent, and trademark) in and to the Software not expressly granted to the Licensee in this EULA. The Software is protected by copyright and other intellectual property laws and treaties. The Licensee may not remove any titles, trademarks or trade names, copyright notices, legends, or other proprietary markings on or in the Software. The Licensee is not granted any rights to any trademarks or service marks of the Licensor. ## 5. Warranty and Disclaimer Each party represents and warrants that it has the legal power and authority to enter into this Agreement, and that, if you are an entity, this Agreement and each Order is entered into by an employee or agent of such party that is empowered with all necessary authority to bind such party to the terms and conditions of this Agreement. ALL PRODUCTS ARE PROVIDED “AS IS,” AND THE LICENSOR AND ITS RESELLERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING ANY WARRANTY OF NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY, OR MERCHANTABILITY, WHETHER EXPRESS, IMPLIED, OR STATUTORY WITH REGARD TO THAT PRODUCTS. YOU MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW. THE LICENSOR SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES AND OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF THE LICENSOR. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER THE LICENSOR NOR ANY OF ITS THIRD-PARTY SUPPLIERS MAKES ANY REPRESENTATION, WARRANTY OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF ANY PRODUCTS OR ANY CONTENT THEREIN OR GENERATED THEREWITH, OR THAT: (A) THE USE OF ANY PRODUCTS WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE; (B) THE PRODUCTS WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA; (C) THE PRODUCTS (OR ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PRODUCTS) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS); (D) ANY STORED DATA WILL BE ACCURATE OR RELIABLE OR THAT ANY STORED DATA WILL NOT BE LOST OR CORRUPTED; (E) ERRORS OR DEFECTS WILL BE CORRECTED; OR (F) THE PRODUCTS (OR ANY SERVER(S) THAT MAKE A HOSTED SERVICE AVAILABLE) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. The Licensee acknowledges that the Licensor’s Cloud Products are hosted by third-parties and that the availability of those Cloud Products is subject to the third-party’s Service Level Agreement. The Licensee may have remedies against the Licensor imposed by law or statute that cannot be excluded by the Licensor and its third-party suppliers. To the extent the Licensee has such legal remedies against the Licensor or its third-party suppliers than to the fullest extent permitted by law, the Licensor and its third-party suppliers’ liability are limited (a) at the Licensor’s option, to: (i) in the case of the Software: 1) repairing or replacing the Software; or 2) the cost of such repair or replacement; and (ii) in the case of Maintenance; 1) resupply of the Maintenance; or 2) the cost of having the Maintenance supplied again; or (b) if the limitation is not applicable, then the Licensor’s maximum liability shall be equal to two times the amount actually paid by the Licensee for the Software. ## 6. Investigation of Unauthorised Use and Distribution If the Licensor reasonably suspects that the Software has been distributed to or obtained by any person or party without the Licensor’s prior written consent, that the Embedded Software is being varied or accessed or used independently of the Software or that Licensee is otherwise breaching a term of this EULA and in particular, the Licensor reserves the right to require the Licensee to provide an unqualified certificate executed by the Licensee’s auditor verifying compliance with the terms of this EULA. Such requests shall be made no more frequently than once per calendar year. If such an unqualified certificate is not received by the Licensor within ninety (90) calendar days of being required, it will be considered that a breach of this EULA has occurred allowing the Licensor to terminate the licenses granted under this EULA. ## 7. Termination **Without prejudice to any other rights and in addition to any other termination rights in this EULA, the Licensor may terminate with immediate effect this EULA, through a written notification sent to the Licensee, if:** * The Licensee fails to comply with the terms and conditions of this EULA and does not amend that breach within fifteen (15) days from the date the Licensee receives from the Licensor the notification of said breach; or * The Licensee suspends, or threatens to suspend, payment of its debts or is unable to pay (its debts as they fall due or admits inability to pay its debts or (being a company) is deemed unable to pay its debts; or * The Licensee commences negotiations with all or any class of its creditors with a view to rescheduling any of its debts, or makes a proposal for or enters into any compromise or arrangement with its creditors; or * A petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of Licensee (being a company) other than for the sole purpose of a scheme for a solvent amalgamation of Licensee with one or more other companies or the solvent reconstruction of the Licensee; or * An application is made to court, or an order is made, for the appointment of an administrator, or if a notice of intention to appoint an administrator is given or if an administrator is appointed over the Licensee (being a company); or * The holder of a qualifying floating charge over the assets of the Licensee (being a company) has become entitled to appoint or has appointed an administrative receiver; or * A person becomes entitled to appoint a receiver over the assets of the Licensee or a receiver is appointed over the assets of the Licensee; or * A creditor or encumbrancer of the Licensee attaches or Licensee takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of the Licensee’s assets and such attachment or process is not discharged within 14 days; or * The Licensee suspends or ceases, or threatens to suspend or cease, carrying on all or a substantial part of its business. **Upon at least thirty (30) days’ notice, the Licensor reserves the right to terminate any Internet-based services and Software components provided to the Licensee.** ## 8. Indemnification ### **Indemnification by Licensor** The Licensor will indemnify and hold harmless the Licensee against all costs, expenses, losses and claims made against the Licensee as a result of any infringement of a third-party’s intellectual property rights arising from the Licensee’s or its Authorized User’s use of the Software. The Licensee must notify promptly the Licensor of the charge of infringement or of the legal proceeding, give the Licensor sole control of the defence and related settlement negotiations, and Licensee must provide the Licensor, at the Licensor’s expense, with reasonable assistance and information, but no cost or expense shall be incurred for the account of the Licensee without its prior written consent. If the Software becomes, or in the opinion of the Licensor may become, the subject of a claim of infringement of any third-party’s intellectual property rights, the Licensor may, at its option and at its discretion: (a) procure for the Licensee the right to use the Software free of any liability; (b) replace or modify the Software to make it non-infringing; or (c) refund any license Fees related to this Software paid by the Licensee. The foregoing states the sole liability of the Licensor and the exclusive Licensee remedy for any infringement of intellectual property rights by the Software or any other items provided by the Licensor under this EULA. ### **Indemnification by Licensee** The Licensee will indemnify and hold harmless the Licensor against all costs, expenses, losses and claims made against the Licensor as a result of any infringement of a third-party’s intellectual property rights arising from the Licensee’s or its Authorized User’s unauthorized use of the Software under this EULA. The Licensor must notify promptly the Licensee of the charge of infringement or of the legal proceeding, give the Licensee sole control of the defence and related settlement negotiations, and the Licensor must provide the Licensee, at the Licensee’s expense, with reasonable assistance and information, but no cost or expense shall be incurred for the account of the Licensor without its prior written consent. ## Limitation of Liability **The Licensor shall not be liable to the Licensee where faults arise from:** * The possession, use, development, modification or maintenance of the Software (or any part thereof) by the Licensee other than in accordance with this EULA, if the infringement would have been otherwise avoided; * Misuse, incorrect use of or damage to the Software from whatever cause; * Any breach of the Licensee’s obligations under this EULA; * Any modification not authorized by Licensor resulting in a departure from this EULA; or * Any operator error on the part of the Licensee. ## Confidentiality, Communication, And Marketing The parties agree to treat in confidence, also beyond the end of this EULA, all Confidential Information, of which they obtain knowledge or which are provided to them prior to or during performance of the contract by the other party, unless such Confidential Information becomes publicly known without a breach of the confidentiality obligation. The parties will keep and safeguard Confidential Information in a manner that excludes access by third parties. The Licensee will only enable access to Confidential Information for those employees and authorized persons who require such access in order to perform their work responsibilities. Such persons shall be instructed about the confidentiality obligation. Where, in the course of providing its contractual obligations under this EULA, the Licensor processes personal data for which the Licensee is the responsible party, or where access to such personal data is possible, the parties shall in advance enter into an agreement on contracted data processing that complies with the relevant statutory requirements. The Licensor may name the Customer as a referential customer as of conclusion of this EULA. The Licensee can deny this right at the time of the conclusion of this EULA as well as at any time afterwards by submitting a request via email to , requesting the references to be deleted. Upon receipt of such request, the Licensor will remove any reference to the Licensee within 30 days and make no further reference to the Licensee. The Licensor shall be entitled to send emails to the Licensee with marketing materials regarding products and services of the Licensor similar or connected to the Software, unless the Licensee objects to such emails of the Licensor via email to . The Licensee can object to such emails of the Licensor at any time. Information provided by the Licensee will be used by the Licensor to provide support services, to promote our services, and to fulfil legal obligations (e.g. accounting). Information about the Licensee will not be shared with third parties. The Licensor will hold the personal data the Licensee provided to the Licensor for 3 years after the expiration of an active license, and for one year after the expiration of an evaluation license. The Licensee has the right to request details about his stored personal information, to object to the processing of his personal information, to rectify, to erase, to restrict, to port his personal information and to apply to a data protection authority. Any requests or objections regarding data protection issues you may direct to our data protection officer, reachable at . ## Limitation of Remedies and Damages UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, SHALL THE INDEMNIFIED PARTIES BE LIABLE TO YOU OR ANY OTHER PERSON (I) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER OR (II) FOR ANY MATTER BEYOND ITS REASONABLE CONTROL. THE LICENSOR LIABILITY FOR DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF THIS AGREEMENT SHALL BE LIMITED TO THE TOTAL FEES PAID BY YOU TO THE LICENSOR, EXCEPT WHERE NOT PERMITTED BY APPLICABLE LAW, IN WHICH CASE THE LICENSOR LIABILITY SHALL BE LIMITED TO THE MINIMUM AMOUNT PERMITTED BY SUCH APPLICABLE LAW. ALL THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF THE LICENSOR HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. ## Notices All notices to Licensor must be sent to e-mail address: . Notice will be deemed received and properly served forty-eight (48) hours after an e-mail is sent.