Additional terms and conditions for use of Pega Cloud Collaboration Services
These Additional Terms (these “Additional Terms”) apply to the use of the multi-tenant cloud service that provides hosting services for Pega Chat and/or Pega Co-Browse (collectively, “Pega Cloud Collaboration Services”). These Additional Terms are in addition to the terms and conditions of the master software license agreement (the “Agreement”) between customer (the “Customer”) and Pegasystems. Where there is a conflict between these Additional Terms and the terms and conditions in the Agreement, these Additional Terms will govern. If Pega Chat or Pega Co-Browse are licensed for on-premises use, these Additional Terms will not apply.
The following definitions will apply in addition to those set forth in the Agreement, unless otherwise expressly stated:
- “Acceptable Use Policy” - The then-current policy as published from time to time here.
- “Subscription Documentation” - The service catalog, product help files, operating guides, support services, service level agreement, and security policies associated with Pega Cloud Collaboration Services posted on the PDN here.
- “Subscription Month” - Each applicable calendar month, or partial calendar month, in which the Subscription Services are contracted to be provided during the term set forth in the applicable license schedule.
Subscription services rights and responsibilities
- Pursuant to the applicable license schedule and subject to these Terms, Pegasystems will provide Customer a non-transferable, non-exclusive license to use and access the Pega Cloud Collaboration Services in accordance with the Subscription Documentation for the Software and Users described in the applicable license schedule during the term (the “Subscription Services”).
- During the term of the Subscription Services, Customer will:
- Comply with the Subscription Documentation, Acceptable Use Policy, and applicable laws and regulations;
- Prevent unauthorized access to or use of the Subscription Services and notify Pegasystems promptly of any such unauthorized access, use, or suspected breach;
- Not use the Subscription Services to access or view Protected Health Information unless the Customer has utilized the field-masking feature; and
- Appropriately protect confidential or proprietary information related to Customer’s use of the Subscription Services, including its security credentials.
- Customer grants to Pegasystems a worldwide, limited-term license to host, copy, execute, transmit, and display Customer’s data as necessary for Pegasystems to provide the Subscription Services. Subject to the limited licenses granted here, Pegasystems will not acquire any right, title, or interest in or to Customer’s data.
- Pegasystems will create and email to Customer a URL that will allow Customer to access and use the Subscription Services. The Subscription Services will be accepted upon delivery (“Acceptance”). This Acceptance is not dependent on any remaining services, conditions or contingencies, and there are no other written or verbal agreements with respect to Acceptance.
- Customer may only use the Subscription Services in accordance with the terms of these Additional Terms. Customer agrees not to sell, resell, rent, outsource, timeshare, lease, or sublicense the Subscription Services or the Software to any third party or otherwise use it except as permitted under these Additional Terms and the applicable license schedule. Unless otherwise agreed in writing, the Customer shall not be entitled to take possession of the Software.
Published July 29, 2016 — Updated September 7, 2018