Terms of Service

Introduction

This API license agreement is between WARPGATE PTE. LTD., ("Warpgate") and the entity or person agreeing to these terms ("Customer"). Warpgate provides cloud-based backend functions ("Warpgate API", "Services"), to let web applications of Warpgate's Customers have a cloud-based backend system.

By completing the registration process and using the service, you are stating that you have the authority to bind the Customer to this Agreement and that you and the Customer agree to be bound by this Agreement and Warpgate's Privacy Policy (the “Privacy Policy”).

Changes to the Agreements

Occasionally we may make changes to the Agreements. When we make material changes to the Agreements, we’ll provide you with notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Warpgate API or by sending you an email. In some cases, we will notify you in advance, and your continued use of the Warpgate API after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Warpgate API under the new version of the Agreements, you may terminate your account by contacting us.

In order to use the Warpgate API and access any Content, you need to (1) be 18 years or older, or be 13 years or older and have your parent or guardian’s consent to the Agreements, (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws, and (3) reside in the United States. You also promise that any registration information that you submit to Warpgate is true, accurate, and complete, and you agree to keep it that way at all times.

Provision of Services

You can read more about the details of the product in our website which will explain the features of the Warpgate API available to you when you create a Warpgate account. The Warpgate API that does not require payment is currently referred to as the "Free Tier". Other options require payment before you can access them (the "Paid Subscriptions").

1. Services Use. Subject to this Agreement, during the Term, Customer may: (a) use the Services, (b) integrate the Services into any Application that has material value independent of the Services, and (c) use any Software provided by Warpgate as part of the Services. Customer may not sublicense or transfer these rights.

2. Facilities. All facilities used to store and process an Application and Customer Data will adhere to reasonable security standards no less protective than the security standards at facilities where Warpgate processes and stores its own information of a similar type. Warpgate has implemented at least industry standard systems and procedures to (i) ensure the security and confidentiality of the Application(s) and Customer Data, (ii) protect against anticipated threats or hazards to the security or integrity of the Application(s) and Customer Data, and (iii) protect against unauthorized access to or use of the Application(s) and Customer Data.

3. Data License and Location. Customer hereby grants Warpgate an irrevocable, non-exclusive, royalty-free, fully-paid, worldwide license to reproduce, distribute, perform, prepare and otherwise use the Customer Data in connection with the Services and as permitted by this Agreement. Warpgate may process and store the Customer Data anywhere Warpgate or its agents maintain facilities. By using the Services, Customer consents to this processing and storage of Customer Data.

4. Accounts. To register for the Services and receive an Account, Customer must provide Warpgate with current, complete and accurate information as prompted by the registration form, including a valid e-mail address. Customer must have an Account to use the Services, and is responsible for the information it provides to create the Account, the security of its passwords and API keys for the Account, and for any use of its Account. If Customer becomes aware of any unauthorized use of its password or its Account, Customer will notify Warpgate as promptly as possible. Warpgate has no obligation to provide Customer multiple Accounts. Customer is solely responsible for any and all activities that occur under its Account and for use and disclosure of any Customer Data created, collected or maintained in its Account whether such activities or use is conducted by Customer or a third party. Customer agrees to notify Warpgate immediately upon learning of any unauthorized use of its Account or any other breach of security.

5. New Applications and Services. Warpgate may: (i) make new applications, tools, features or functionality available from time to time through the Services and (ii) add new services to the “Services” definition from time to time (by adding them at the URL set forth under that definition), the use of which may be contingent upon Customer’s agreement to additional terms.

6. Modifications

   1. To the Services. Warpgate may make commercially reasonable updates to the Services from time to time. If Warpgate makes a material change to the Services, Warpgate will inform Customer, provided that Customer has subscribed with Warpgate to be informed about such change.

   2. To the Agreement. Warpgate may make changes to this Agreement, including pricing (and any linked documents) from time to time. Unless otherwise noted by Warpgate, material changes to the Agreement will become effective 30 days after they are posted, except if the changes apply to new functionality in which case they will be effective immediately. If Customer does not agree to the revised Agreement, Customer must stop using the Services. Warpgate will post any modification to this Agreement to the Terms URL. In the event that a change to this Agreement would be in direct conflict with any of the terms and conditions set forth in a written HIPAA Business Associate Agreement or other written Addendum entered into between Warpgate and Customer, the Addendum will control over such change.

   3. To the HIPAA Business Associate Agreement, Regional Data Processing Addendum and other written Addendum to this Agreement. For Customers that have entered into a written HIPAA Business Associate Agreement, Regional Data Processing Addendum and other written Addendum to this Agreement with Warpgate, Warpgate will only make changes to such agreement(s) in a written amendment signed by Customer and Warpgate, unless otherwise specified in such Addendum.

Payment Terms

1. Free tiers

   1. From time to time Warpgate may offer a free trial of the Services to prospective customers. Warpgate reserves the right to discontinue the offering of a free trial of the Services without notice. Free trials are meant to let prospective customers experience the Services before committing to it. Use of a free trial of the Services for anything other than the above is prohibited. Furthermore, Customer agrees that it is not allowed to (i) open more than one trial account, and/or (ii) upon termination of its free trial account open a new trial account.

   2. Free trial offering requires no payment information at sign up. Unless Customer converts the free trial account to a paying Account within fourteen (14) days of opening the Account, Warpgate reserves the right to discontinue the Account at the end of such fourteen (14) day trial period and delete all Customer Data and Account information without notice except to the extent prohibited by applicable law or as otherwise agreed to by Warpgate.

2. Fees. The fees for the Services are as posted at https://warpgate.tech/pricing unless otherwise stated on a valid written or electronic purchase order (which has been accepted by Warpgate in writing); provided, however, that any additional or conflicting terms contained in any purchase order, standardized form or correspondence, which are in addition to or conflict with this Agreement, shall be null and void unless such terms and conditions are contained in an amendment to this Agreement duly executed by both parties hereto.
3. Online Billing. You may purchase a paid subscription directly from your Warpgate dashboard by paying a subscription fee in advance or a monthly basis or some other recurring interval disclosed to you prior to your purchase. Warpgate may change the price of the Paid subscriptions, including recurring subscription fees from time to time and will communicate any price changes to you in advance, and if applicable, how to accept those changes. Price changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, you accept the new price by continuing to use the Warpgate Service after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by unsubscribing from the Paid Subscription prior to the price change going into effect.

4. Renewals. Your payment to Warpgate will automatically renew at the end of the applicable subscription period, unless you cancel your Paid Subscription before the end of the then-subscription period.

5. Cancellations. Cancelled subscriptions will automatically cause the Account of the Customer to be unable to perform API calls.

6. Grace Period for late payments. Warpgate will grant the customer a 15 day grace period for late payments. If payment was not made after the grace period, the Account of the Customer will be cancelled and marked as delinquent.

7. No Purchase Order Required. Customer is obligated to pay all applicable fees without any requirement from Warpgate to provide a purchase order on Warpgate's bill (or otherwise).

Customer Obligations

1. Acceptable Use Policy (the "AUP"). Customer agrees not to use, or allow access to, the Services for the purposes of (a) spam or sending any unsolicited commercial messages; (b) disrupting the performance of Warpgate servers or causing server-wide outages; and (c) advertising, transmitting, storing, posting, displaying, or otherwise making available materials that (i) violate any law, regulation, or other provision having the force of law, either intentionally or unintentionally; (ii) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (iii) infringe or misappropriate the intellectual property rights of others; (iv) violate privacy, publicity, or other personal rights of others; (v) falsify the origin of an email, either by forging the sender’s address or email header, or otherwise; (vi) are of adult nature, pornographic, or harmful to minors; (vii) contain the images of children or disclose personally identifiable information belonging to children; (viii) are unlawful, harmful, vulgar, obscene, threatening, abusive, harassing, tortious, unlawful, libelous; and/or (ix) are viruses, worms, so-called trojan horses, or other destructive codes, files, or programs, or information regarding the creation of such material. If Warpgate determines Customer has violated the terms of this AUP, that determination, made in Warpgate's sole and absolute discretion, constitutes grounds for immediate termination of Customer’s Account without notice to Customer or penalty to Warpgate.

2. Compliance. Customer is solely responsible for its Applications, and Customer Data and for making sure its Applications and Customer Data comply with the AUP. Warpgate reserves the right to review the Application and Customer Data for compliance with the AUP. Customer is responsible for ensuring all Customer End Users comply with Customer’s obligations under this Agreement, including the AUP, the Service Specific Terms, and the Restrictions.

3. Privacy. Customer represents that Customer is the owner or otherwise has authority and consent under applicable laws necessary to permit use, disclosure, processing and storage of Customer Data under this Agreement. Customer is solely responsible for access to, use and disclosure of Customer Data, whether by Customer, Customer’s End Users or third parties, and Warpgate disclaims any and all responsibility associated with such access, use and disclosure. Customer will comply with all applicable laws with respect to use, disclosure, processing and storage of Customer Data under this Agreement.

4. Restrictions

   1. Customer will not, and will not allow third parties under its control to: (a) copy, modify, create a derivative work of, reverse engineer, decompile, translate, disassemble, or otherwise attempt to extract any or all of the source code of the Services; (b) use the Services for High Risk Activities; (c) sublicense, resell, or distribute any or all of the Services separate from any integrated Application; (d) create multiple Applications, Accounts to simulate or act as a single Application or Account (respectively) or otherwise access the Services in a manner intended to avoid incurring Fees; or (e) process or store any Customer Data that is subject to the International Traffic in Arms Regulations maintained by the U.S. Department of State.

   2. Unless otherwise specified in writing by Warpgate, Warpgate does not intend uses of the Services to create obligations under the U.S. Health Insurance Portability and Accountability Act (“HIPAA”) and its related rules and regulations, as amended, the European Union Directive 95/46/EC (the Data Protection Act or “DPA”), as amended by the European Union General Data Protection Regulation (“GDPR”), and their related rules and regulations, or any other similar local, national, regional or international data protection laws (collectively, “Data Protection Laws”) and makes no representations that the Services satisfy such requirements for Customer. Because Warpgate may not be able to independently determine whether Customer or Customer Data may be subject to the Data Protection Laws, Customer must: (i) notify and obtain Warpgate’s prior consent to use the Services where subject to such Data Protection Laws; and (2) enter into a written HIPAA Business Associate Agreement (“HIPAA BAA”) and/or Regional Data Processing Addendum, or other applicable written addendum with Warpgate, as applicable. Customer will not use the Services for any purpose or in any manner involving data which is subject to such Data Protection Laws (including without limitation if Customer is or becomes a “covered entity” or “business associate” as defined under HIPAA) unless Customer has received such prior written consent to such use from Warpgate and entered into a separate written addendum with Warpgate with respect to such as required under this section. Failure to comply with this section may result in termination of Customer’s Account and this Agreement in Warpgate’s sole discretion.

5. Documentation. Warpgate may provide Documentation for Customer’s use of the Services. The Documentation may specify restrictions on how the Applications may be built or the Services may be used and Customer will comply with any such restrictions specified.

6. Copyright Policy. Warpgate cannot determine whether something is being used legally or not without input from copyright holders. Warpgate responds to notices of alleged copyright infringement and terminates accounts of repeat infringers according to applicable copyright laws including in particular the process set out in the U.S. Digital Millennium Copyright Act. If Customer believes there is or has been a violation of Customer’s or Customer End Users’ copyrights and wants to notify Warpgate, Customer can do so by emailing us at [e-mail].

Suspensions and Removals

1. Suspensions and Removals. If Customer becomes aware that any Application or Customer Data violates the AUP or this Agreement, Customer will immediately suspend the Application and/or remove the relevant Customer Data (as applicable). If Customer fails to suspend or remove as noted in the prior sentence, Warpgate may specifically request that Customer do so. If Customer fails to comply with Warpgate's request to do so within twenty-four hours, then Warpgate may disable the Application, and/or disable the Account (as may be applicable) until such violation is corrected except to the extent prohibited by applicable law.

2. Emergency Security Issues. Despite the foregoing, if there is an Emergency Security Issue, then Warpgate may automatically suspend the offending Application and/or Account. Suspension will be to the minimum extent required, and of the minimum duration, to prevent or resolve the Emergency Security Issue. If Warpgate suspends an Application or the Account, for any reason, without prior notice to Customer, at Customer’s request, Warpgate will provide Customer the reason for the suspension as soon as is reasonably possible.

Intellectual Property Rights; Use of Customer Data; Feedback; Proprietary Notices.

1. Intellectual Property Rights. Except as expressly set forth in this Agreement, this Agreement does not grant either party any rights, implied or otherwise, to the other’s content or any of the other’s intellectual property. As between the parties, Customer owns all Intellectual Property Rights in Customer Data, and Warpgate owns all Intellectual Property Rights in the Services and Software.

2. Use of Data. Warpgate may collect, process, store, use and disclose Customer Data and Personally Identifiable Information (as defined in the Privacy Policy) in connection with providing the Services and as described more specifically in the Privacy Policy (collectively, “Warpgate’s Use of Data”). Customer hereby acknowledges and consents to Warpgate’s Use of Data, including access to Customer’s Account, as necessary for Warpgate to provide the Services. Customer is solely responsible for notifying Warpgate in the event that any Customer Data created, collected, maintained, used or disclosed in connection with Customer’s Account is subject to Data Protection Laws. Customer agrees that Customer will not disclose any such data to Warpgate or create, collect, maintain, use or disclose any such data in connection with Customer’s Account unless or until Customer and Warpgate enter into a written HIPAA Business Associate Agreement (“HIPAA BAA”), Regional Data Processing Addendum or other written addendum as may be applicable. Any Customer Data will thereafter be accessed, used and disclosed by Warpgate consistent with the terms and conditions of such addendum. To the extent a use or disclosure of Customer Data permitted under this Agreement would not be permitted under the terms and conditions of such addendum, the addendum will control with respect to such use or disclosure. Failure to comply with the terms and conditions of this paragraph may result in suspension or termination of Customer’s Account in Warpgate’s sole discretion.

3. Customer Feedback. If Customer provides Warpgate Feedback about the Services, then Warpgate may use that information without obligation to Customer, and Customer hereby irrevocably assigns to Warpgate all right, title, and interest in that Feedback.

4. Proprietary Notices. Customer shall not remove, hide or otherwise alter any proprietary notices or labels included with the Software, including but not limited to any “Powered by Warpgate” labels or links displayed and/or included with the Software.

Confidential Information

1. Obligations. The recipient will not disclose the Confidential Information, except to Affiliates, employees, agents or professional advisors who need to know it and who have agreed in writing (or in the case of professional advisors are otherwise bound) to keep it confidential. The recipient will ensure that those people and entities use the received Confidential Information only to exercise rights and fulfill obligations under this Agreement, while using reasonable care to keep it confidential.

2. Required Disclosure. Notwithstanding any provision to the contrary in this Agreement, the recipient may also disclose Confidential Information to the extent required by applicable Legal Process; provided that the recipient uses commercially reasonable efforts to:

   1. promptly notify the other party of such disclosure before disclosing; and

   2. comply with the other party’s reasonable requests regarding its efforts to oppose the disclosure. Notwithstanding the foregoing, subsections (i) and (ii) above will not apply if the recipient determines that complying with (i) and (ii) could:

      1. result in a violation of Legal Process;

      2. obstruct a governmental investigation; and/or

      3. lead to death or serious physical harm to an individual. As between the parties, Customer is responsible for responding to all third party requests concerning its use and Customer End Users’ use of the Services. This section is not intended to and shall not authorize disclosure of protected health information in any manner not permitted by the HIPAA Business Associate Agreement, as applicable.

Term and Termination

1. Agreement Term. The “Term” of this Agreement will begin on the Effective Date and continue until the Agreement is terminated as set in this Agreement.

2. Termination for Breach. Either party may terminate this Agreement for breach 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; (ii) the other party ceases its business operations or becomes subject to insolvency proceedings and the proceedings are not dismissed within ninety days; or (iii) the other party is in material breach of this Agreement more than two times notwithstanding any cure of such breaches. In addition, Warpgate may terminate any, all, or any portion of the Services, if Customer meets any of the conditions.

3. Termination for Convenience. Customer may stop using the Services at any time. Customer may terminate this Agreement for its convenience at any time through the Customer’s Account and upon termination, must cease use of the applicable Services. Warpgate may terminate this Agreement for its convenience at any time without liability to Customer.

4. Effect of Termination. If the Agreement is terminated, then:

   1. the rights granted by one party to the other will immediately cease;

   2. Customer will retrieve any Customer Data; and

   3. each party will use commercially reasonable efforts to destroy all Confidential Information of the other party. Except as otherwise may be provided for in the HIPAA Business Associate Agreement, as applicable, Customer remains solely responsible for making and retaining any copies of Customer Data which Customer may require prior to deletion, and Warpgate disclaims any and all responsibility associated with such deleted Customer Data. Customer will immediately thereafter discontinue use of and delete Customer’s Account.

Publicity

Customer is permitted to state publicly that it is a customer of the Services, consistent with the Trademark Guidelines. If Customer wants to display Warpgate Brand Features in connection with its use of the Services, Customer must obtain written permission from Warpgate through the process specified in the Trademark Guidelines. Warpgate may include Customer’s name or Brand Features in a list of Warpgate customers, online or in promotional materials. Warpgate may also reference Customer as a customer of the Services and, subject to Customer consent, utilize Customer testimonials and/or Brand Features for advertising, marketing and related purposes. Neither party needs approval if it is repeating a public statement that is substantially similar to a previously-approved public statement. Any use of a party’s Brand Features will inure to the benefit of the party holding Intellectual Property Rights to those Brand Features. A party may revoke the other party’s right to use its Brand Features with written notice to the other party and a reasonable period to stop the use.

Representations and Warranties

Each party represents and warrants that: (a) it has full power and authority to enter into the Agreement; and (b) it will comply with all laws and regulations applicable to its provision, or use, of the Services, as applicable. Warpgate warrants that it will provide the Services in accordance with the applicable SLA (if any).

Disclaimer

EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WARPGATE AND ITS SUPPLIERS DO NOT MAKE ANY OTHER WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE AND NONINFRINGEMENT. WARPGATE AND ITS SUPPLIERS ARE NOT RESPONSIBLE OR LIABLE FOR THE DELETION OF OR FAILURE TO STORE ANY CUSTOMER DATA AND OTHER COMMUNICATIONS MAINTAINED OR TRANSMITTED THROUGH USE OF THE SERVICES. CUSTOMER IS SOLELY RESPONSIBLE FOR SECURING AND BACKING UP ITS APPLICATION, PROJECT, AND CUSTOMER DATA. NEITHER WARPGATE NOR ITS SUPPLIERS, WARRANTS THAT THE OPERATION OF THE SOFTWARE OR THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED. NEITHER THE SOFTWARE NOR THE SERVICES ARE DESIGNED, MANUFACTURED, OR INTENDED FOR HIGH RISK ACTIVITIES.

Limitation of Liability

1. Limitation on Indirect Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY, NOR WARPGATE’S SUPPLIERS, WILL BE LIABLE UNDER THIS AGREEMENT FOR LOST REVENUES OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF THE PARTY KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE AND EVEN IF DIRECT DAMAGES DO NOT SATISFY A REMEDY.

2. Limitation on Amount of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY, NOR WARPGATE’S SUPPLIERS, MAY BE HELD LIABLE UNDER THIS AGREEMENT FOR MORE THAN THE AMOUNT PAID BY CUSTOMER TO WARPGATE UNDER THIS AGREEMENT DURING THE TWELVE MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY.

Indemnification

1. By Customer. Unless prohibited by applicable law, Customer will defend and indemnify Warpgate and its Affiliates against Indemnified Liabilities in any Third-Party Legal Proceeding to the extent arising from: (i) any Application, Customer Data or Customer Brand Features; or (ii) Customer’s, or Customer End Users’, use of the Services in violation of the AUP or this Agreement.

2. By Warpgate. Warpgate will defend and indemnify Customer and its Affiliates against Indemnified Liabilities in any Third-Party Legal Proceeding to the extent arising solely from an Allegation that use of (a) Warpgate’s technology used to provide the Services (excluding any open source software) or (b) any Warpgate Brand Feature, in each cash (a) or (b), infringes or misappropriates the third party’s patent, copyright, trade secret, or trademark.

3. Exclusions. This Section will not apply to the extent the underlying Allegation arises from:

   1. the indemnified party’s breach of this Agreement;

   2. modifications to the indemnifying party’s technology or Brand Features by anyone other than the indemnifying party;

   3. combination of the indemnifying party’s technology or Brand Features with materials not provided by the indemnifying party; or

   4. use of non-current or unsupported versions of the Services or Brand Features;

4. Conditions.

   1. The indemnified party has promptly notified the indemnifying party in writing of any Allegation(s) that preceded the Third-Party Legal Proceeding and cooperates reasonably with the indemnifying party to resolve the Allegation(s) and Third-Party Legal Proceeding. If breach of this Section prejudices the defense of the Third-Party Legal Proceeding, the indemnifying party’s obligations will be reduced in proportion to the prejudice.

   2. The indemnified party tenders sole control of the indemnified portion of the Third-Party Legal Proceeding to the indemnifying party, subject to the following: (i) the indemnified party may appoint its own non-controlling counsel, at its own expense; and (ii) any settlement requiring the indemnified party to admit liability, pay money, or take (or refrain from taking) any action, will require the indemnified party’s prior written consent, not to be unreasonably withheld, conditioned, or delayed.

5. Remedies.

   1. If Warpgate reasonably believes the Services might infringe a third party’s Intellectual Property Rights, then Warpgate may, at its sole option and expense: (a) procure the right for Customer to continue using the Services; (b) modify the Services to make them non-infringing without materially reducing their functionality; or (c) replace the Services with a non-infringing, functionally equivalent alternative.

   2. If Warpgate does not believe the remedies are commercially reasonable, then Warpgate may suspend or terminate Customer’s use of the impacted Services.

   3. Sole Rights and Obligations. Without affecting either party’s termination rights, this Section states the parties’ only rights and obligations under this Agreement for any third party’s Intellectual Property Rights Allegations and Third-Party Legal Proceedings.

Definition of terms

1. “Account” means Customer’s Warpgate account.

2. “Affiliate” means any entity that directly or indirectly Controls, is Controlled by, or is under common Control with a party.

3. “Allegation” means an unaffiliated third party’s allegation.

4. “Application(s)” means any web or other application Customer creates using the Services, including any source code written by Customer to be used with the Services.

5. “Brand Features” means the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of each party, respectively, as secured by such party from time to time.

6. “Builders” means third-party service providers which can offer services and deliverables related to the Software, Application and Services and which are engaged directly by Customer independent from this Agreement.

7. “Confidential Information” means information that one party (or an Affiliate) discloses to the other party under this Agreement, and which is marked as confidential or would normally under the circumstances be considered confidential information. It does not include information that is independently developed by the recipient, is rightfully given to the recipient by a third party without confidentiality obligations, or becomes public through no fault of the recipient. Subject to the preceding sentence, Customer Data is considered Customer’s Confidential Information.

8. “Control” means control of greater than fifty percent of the voting rights or equity interests of a party.

9. “Customer Data” means content provided to Warpgate by Customer (or at its direction) via the Services under the Account.

10. “Customer End Users” means the individuals that the Customer permits to use the Application, including any Builders, as applicable.

11. “Documentation” means the Warpgate documentation (as may be updated from time to time) in the form generally made available by Warpgate to its customers for use with the Services at https://docs.warpgate.tech.
12. “Emergency Security Issue” means either: (a) Customer’s or Customer End Users’ use of the Services in violation of the AUP, which could disrupt: (i) the Services; (ii) other customers’ or their customer end users’ use of the Services; or (iii) the Warpgate network or servers used to provide the Services; or (b) unauthorized third party access to the Services.

13. “Fee Accrual Period” means a calendar month (or portion thereof following the free trial period (if any)).

14. “Feedback” means feedback or suggestions about the Services provided to Warpgate by Customer.

15. “Fees” means the applicable fees for each Service and any applicable Taxes. The Fees for each Service are set forth here: https://warpgate.tech/pricing.
16. “GDPR” is the European Union General Data Protection Regulation of May 25th, 2018.

17. “High Risk Activities” means uses such as the operation of nuclear facilities, air traffic control, emergency response or life support systems, where the use or failure of the Services could lead to death, personal injury, or environmental damage.

18. “HIPAA” means the Health Insurance Portability and Accountability Act of 1996 as amended by the Health Information Technology for Economic and Clinical Health Act, and their related rules and regulations.

19. “Indemnified Liabilities” means any (i) settlement amounts approved by the indemnifying party; and (ii) damages and costs finally awarded against the indemnified party and its Affiliates by a court of competent jurisdiction.

20. “Intellectual Property Rights” means current and future worldwide rights under patent, copyright, trade secret, trademark, and moral rights laws, and other similar rights.

21. “Legal Process” means a data disclosure request made under law, governmental regulation, court order, subpoena, warrant, governmental regulatory or agency request, or other valid legal authority, legal procedure, or similar process.

22. “Service Specific Terms” means the terms specific to one or more Services (as may be updated from time to time) set forth.

23. “Services” means the services that Warpgate offers.

24. “SLA” means the then-current service level agreement.

25. “Software” means any downloadable tools, software development kits or other such proprietary computer software provided by Warpgate in connection with the Services, which may be accessed by Customer, and any updates Warpgate may make to such Software from time to time.

26. “Support” means the technical support service provided by Warpgate to the administrators under the Support Guidelines.

27. “Support Guidelines” means Warpgate’s technical support services guidelines then in effect for the Services (as may be updated from time to time).

28. “Third-Party Legal Proceeding” means any formal legal proceeding filed by an unaffiliated third party before a court or government tribunal (including any appellate proceeding).

29. “Trademark Guidelines” means Warpgate's guidelines for use of Warpgate Brand Features..