You and other third party users of the Website may be permitted to post, submit, contribute,
publish, display, make available or transmit to others (hereinafter, "post") content, materials, or
hosted applications (collectively, "User Contributions" and together with contributions officially
posted by Sapta, "Contributions") on or through the Website. Posting permits our customers,
partners, developers, prospective customers, employees, and other interested parties to share
information, exchange ideas, expertise, and experience, ask questions, provide solutions, share
technology advances and obtain product information. To foster a vibrant, thriving, and friendly
community, we may enforce standards for appropriate content and prohibit uses antithetical to the
intended community environment. User Contributions are considered non confidential and non
proprietary, and you hereby grant to Sapta a perpetual, irrevocable, royalty free, fully paid,
sublicensable, transferable, non exclusive, worldwide license to copy, distribute, modify, make
derivative works of, publicly display, publicly perform, make, use, sell, translate and disclose to
third parties any User Contributions that you post for any purpose. We are under no obligation to
post or use any User Contributions and reserve the right to edit or remove User Contributions that
To the extent you have purchased support rights under your Subscription Agreement, do not use
Community Services for the escalation of support issues." Contact Sapta Support as provided in your
You are solely responsible for any User Contribution that you post, including its legality,
reliability, accuracy and appropriateness. Sapta is not responsible for (and has no liability with
respect to) any User Contribution. You represent and warrant that you own or control all rights in
and to the User Contributions that you post and have the right to grant Sapta and its affiliates the
license granted above. You represent and warrant that all of your User Contributions do and will
and licensors harmless for any breach of that representation and warranty. Opinions expressed in
User Contributions are those of the party posting the User Contribution and do not necessarily
reflect the opinion of Sapta.
Code of Conduct
You agree to comply with the following code of conduct in your use of the Website:
● Be polite and courteous. Respect and treat others as you would expect to be treated yourself.
● Respect your audience. Posts should not upset, annoy, threaten, harass, abuse, or embarrass other members.
● User Contributions may not include material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
● Lively and collegial discussions are always encouraged in a healthy community. It is okay to argue facts but not okay to argue personalities or personal beliefs.
● Do not use text formats such as all caps or bold that may be read as annoying, rude or send a strong message.
● Avoid using abbreviations or terminology that others may not understand. An abbreviation may mean something to you but in another context or country, it may have another meaning.
● Be accountable for your actions by correcting your mistakes and indicating where you have changed a previous post of yours. Prohibited Uses You agree not to access or use the Website in any manner:
● That violates any applicable federal, state, local or international law or regulation, or advocates, promotes or assists in any unlawful act, constitutes an illegal threat, or violates export control laws.
● To transmit or introduce offensive materials, including those involving profanity, violence, sexual conduct, pornography, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
● To monitor or attempt to gain unauthorized access to: (a) an account or computer not belonging to you; (b) any data, information or communications on any network or system not owned by you, without authorization; (c) any system or network user accounts or passwords of other users, without authorization; or (d) e mail addresses, screen names or other identifiers without the consent of the person identified (including, without limitation, phishing, password robbery, spidering and harvesting).
● That is false, deceptive, misleading or fraudulent, including but not limited to: (a) any attempt to impersonate any person or entity, including any other user, Sapta or a Sapta employee; (b) to misrepresent your identity or affiliation with any person or organization; and (c) any attempt to give the impression that you are posting materials from any person or entity other than yourself if that is not the case, including but not limited to altering your IP source address.
● To use, transmit or introduce: (a) information protected under the privacy or security regulations issued pursuant to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) or subject to the Health Information Technology for Economic and Clinical Health (HITECH) Act; or (b) non public sensitive or personally identifiable information including but not limited to driver’s license numbers, passport numbers, social security numbers, tax identification numbers, voter registration numbers or similar identifying numbers, health information, or financial information including bank, checking, credit card, debit card, or other account numbers.
● For the purposes of recruiting, advertising, solicitation, or commercial activities of any kind without the express written consent of Sapta, including, but not limited to: (a) promotions, contests, sweepstakes, barter, advertising, or pyramid schemes; and (b) the transmission of, or procurement of sending, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
● To monitor or copy materials on the Website for any unauthorized purpose or access the Website via any automatic device, process or means of access such as a robot or spider.
● That may have a detrimental effect on the Website’s function, user interaction or security, including but not limited to: (a) gaining unauthorized access to, or attempting to compromise the security of, any network, system, computing facility, equipment, data or information; (b) attempting to intercept, redirect or otherwise interfere with communications intended for others; (c) disabling, damaging, overburdening or impairing the Website or any server, computer or database connected to or accessed by the Website; (d) modifying, blocking or otherwise interfering with the display of the Website; (e) interfering with another user’s ability to access, use and enjoy the Website; (f) accessing another user’s registration information or user account without that user’s express written permission; (g) transmitting or introducing any malicious or technologically harmful element to the Website such as a spyware program, virus, Trojan horse, worm or logic bomb; (h) performing, without Sapta’s express prior written authorization, scalability testing, load testing, probing, scanning, penetration or vulnerability testing of the Website, including without limitation the Community Services; and (i) engaging in any activities that results in any server being the target of a denial of service attack. Notification of Violation.
Website Linking to the Website You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. You are prohibited from linking to any other page of the Website without our express written permission. We reserve the right to withdraw linking permission without notice. The Website must not be framed on any other site, nor may you create a link to any part of the Website other than the homepage. You must not establish a link from any website that is not owned by you. You agree to cooperate with us in stopping any unauthorized framing or linking. Links from the Website If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links from advertisers, including banner advertisements. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the applicable terms and conditions of use for such websites.
Sapta has the right but not the obligation to:
● Disclose your identity to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
● Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website. Without limiting the foregoing, Sapta has the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD Sapta HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY Sapta DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER Sapta OR LAW ENFORCEMENT AUTHORITIES. Sapta can neither review all material before it is posted on the Website nor ensure prompt removal of objectionable material after it has been posted and assumes no liability for any action or inaction regarding transmissions, communications or content provided by any user or third parties. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.
Feedback & Suggestions Sapta shall have a perpetual, irrevocable, royalty free, fully paid, sublicensable, transferable, non exclusive, worldwide license to make, use, sell, offer for sale, import, or otherwise use or commercially exploit for any purpose, any feedback, comments, suggestions, communications, and requests for improvements or enhancements relating to the Website and the Sapta Products.
You agree that the configuration and information contained in a Non Production Instance, Apps and
any information provided to you in connection with a Sapta event will be considered and referred to
as "Sapta Confidential Information". Notwithstanding the foregoing, Sapta Confidential Information
shall not include: (a) information that is generally and legitimately available to the public
through no fault or breach of yours; (b) information that is generally made available to the public
by us; (c) information that is independently developed by you without the use of any Sapta
Confidential Information; (d) information that was rightfully obtained from a third party who had
the right to transfer or disclose it to you without limitation; or (e) any third party software
and/or documentation provided to you by us and accompanied by licensing terms that do not impose
confidentiality obligations on the use or disclosure of such software and/or documentation.
Unless otherwise expressly agreed or permitted in writing by Sapta, you agree not to disclose,
publish, or disseminate any Sapta Confidential Information to anyone. You agree not to use Sapta
Confidential Information in any way, including, without limitation, for your own or any third
party’s benefit without the prior written approval of an authorized representative of Sapta in each
instance. You further agree to take reasonable precautions to prevent any unauthorized use,
disclosure, publication, or dissemination of Sapta Confidential Information. You acknowledge that
unauthorized disclosure or use of Sapta Confidential Information could cause irreparable harm and
significant injury to Sapta that may be difficult to ascertain. Accordingly, you agree that we will
have the right to seek immediate injunctive relief to enforce your obligations under this Agreement
in addition to any other rights and remedies we may have. If you are required by law, regulation or
pursuant to the valid binding order of a court of competent jurisdiction to disclose Sapta
Confidential Information, you may make such disclosure, but only if you have notified us before
making such disclosure and have used commercially reasonable efforts to limit the disclosure and to
seek confidential, protective treatment of such information. A disclosure pursuant to the previous
sentence will not relieve you of your obligation to hold such information as Sapta Confidential
Certain parts of the Website may grant you access to certain proprietary content (including, without
limitation, training modules, video presentations and audio recordings) that we may make available
to you from time to time for a separate fee ("Paid Content"). Paid Content shall be considered Sapta
Confidential Information, unless otherwise agreed or permitted in writing by Sapta. You may not
share the Paid Content with anyone, including, without limitation, employees and contractors working
for the same entity as you. Subject to these terms and conditions, we grant you a non exclusive, non
transferable, personal license to access and use the Paid Content upon your purchase, provided that
you may only download one (1) copy of the Paid Content and such download must be completed within
the time period specified by us for such download. Except as expressly permitted by us, you shall
not modify, translate, reproduce, distribute, or create derivative works of the Paid Content or any
part thereof. You shall not sell, sublicense, rent, lease, loan, assign or otherwise transfer any
rights in the Paid Content. We and/or our licensor(s) retain ownership of the Paid Content itself
and any copies or portions thereof. The Paid Content is licensed, not sold, to you by us for use
only under this Agreement, and we reserve all rights not expressly granted to you. Your rights under
this license to use and access Paid Content will terminate automatically without notice from Sapta
if you fail to comply with any of these provisions.
We will respond to notices of alleged copyright infringement that comply with applicable law. If you
believe any materials accessible on or from the Website infringe your copyright, you may request
removal of those materials (or access thereto) from the Website by submitting written notification
(a "DCMA Notice") to our copyright agent (designated below) in accordance with the Online Copyright
Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512)
Our designated Copyright Agent to receive DMCA Notices is:
Copy to legal@Sapta.io
If you fail to comply with all the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice
may not be effective.
If you believe that material you posted on the site was removed or access to it was disabled by
mistake or misidentification, you may file a counter notification with us by submitting written
notification to our copyright agent (identified above) pursuant to the DMCA.
It is the policy of Sapta to terminate the user accounts of infringers.
Regional Legal Considerations
The owner of the Website is based in the state of California in the United States. The Website can
be accessed from countries around the world. Access to the Website may not be legal by certain
persons or in certain countries. If you access the Website from outside the United States, you do so
on your own initiative and are responsible for compliance with local laws. Access to the Website
from territories where the Website or any of its services or products are illegal is prohibited. You
acknowledge that you remain responsible at all times for your compliance with the U.S. and all
applicable export and related statutes and regulations.
Disclaimer of Warranties
Sapta cannot and does not promise or warrant that any aspect of the Website, including the Community
Services, Documentation, Development Tools, Store, Apps, or any other Website Content is free of
viruses or other destructive code. You are responsible for implementing sufficient procedures and
checkpoints to satisfy your particular requirements for anti virus protection and accuracy of data
input and output, and for maintaining a means external to our site for any reconstruction of any
lost data. Sapta WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL OF SERVICE
ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT,
COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES
OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY
WEBSITE LINKED TO IT.
AS BETWEEN YOU AND Sapta, YOUR USE OF THE WEBSITE AND NON PRODUCTION INSTANCES, INCLUDING COMMUNITY
SERVICES, USER CONTRIBUTIONS, APPS, DEVELOPMENT TOOLS, DOCUMENTATION AND ANY OTHER WEBSITE CONTENT,
AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, IS AT YOUR OWN RISK. THE WEBSITE, INCLUDING
THE WEBSITE CONTENT, NON PRODUCTION INSTANCES AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE
WEBSITE, ARE PROVIDED TO YOU BY Sapta ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER Sapta NOR ANY PERSON ASSOCIATED WITH Sapta MAKES ANY
WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY,
SUITABILITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER Sapta
NOR ANYONE ASSOCIATED WITH Sapta REPRESENTS OR WARRANTS THAT THE WEBSITE, INCLUDING THE WEBSITE
CONTENT OR ANY SERVICES OR MATERIALS OBTAINED THROUGH THE WEBSITE, WILL BE ACCURATE, RELIABLE, ERROR
FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR
ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
Sapta HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR
OTHERWISE, WITH RESPECT TO THE WEBSITE, THE WEBSITE CONTENT, NON PRODUCTION INSTANCES OR ANY
SERVICES OR ITEMS OBTAIN THROUGH THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF
MERCHANTABILITY, NON INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE
LAW. YOU MAY RECEIVE WARRANTIES FROM THE CONTRIBUTOR OF AN APP PURSUANT TO THE APP CONDITIONS UNDER
WHICH SUCH APP IS PROVIDED TO YOU; HOWEVER, Sapta SHALL HAVE NO LIABILITY TO YOU WITH RESPECT TO
SUCH WARRANTIES OR ANY OTHER TERM IN THE APP CONDITIONS.
Limitation of Liability
EXCEPT TO THE EXTENT THAT A DISCLAIMER OF LIABILITY IS PROHIBITED UNDER APPLICABLE LAW, IN NO EVENT
WILL Sapta, ITS AFFILIATES AND ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND
DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION
WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, INCLUDING ANY COMMUNITY SERVICES, NON PRODUCTION
INSTANCE, USER CONTRIBUTIONS, APPS, WEBSITE CONTENT OR SERVICES OR MATERIALS MADE AVAILABLE THROUGH
THE WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES,
INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF
REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL,
LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE,
EVEN IF FORESEEABLE.
To the maximum extent permitted by applicable laws, you agree to defend, indemnify and hold us, our
affiliates and licensors and their respective officers, directors, employees, contractors, agents,
licensors and suppliers harmless from and against any claims, liabilities, damages, judgments,
awards, losses, costs, expenses or fees (including reasonable attorneys' fees and other costs of
Development Tools and Non Production Instances (including anything that you develop using the
Development Tools and Non Production Instances), including, without limitation, any use of the
Website's content, unpaid tax liability, services and products other than as expressly authorized in
our sole expense, to participate in the defense and settlement of the claim or action with counsel
of our choosing. You may not settle any claims without our prior written consent (which will not be
unreasonably withheld). You shall have no obligation to indemnify Sapta against a claim to the
extent that a claim is based on the alleged infringement of intellectual property rights by Sapta
Products (independent of your App or other products or services of yours).
You may not access, download, use or export materials posted to the Website in violation of U.S.
export laws or regulations or in violation of any other applicable export or import laws or
regulations. You agree to comply with all export laws and restrictions and regulations of any United
States or foreign agency or authority.
You acknowledge that the Non Production Instances, Apps, Documentation and Development Tools are
subject to the U.S. Export Administration Regulations (the "EAR") and you shall comply with the EAR.
Without limiting the foregoing, you represent and warrant that: (a) you are not located in, and
shall not use the Documentation and Development Tools from, any country that is subject to U.S.
export restrictions (currently including, but not necessarily limited to, Cuba, Iran, North Korea,
Sudan and Syria); (b) you shall not use the Documentation and Development Tools in the design,
development or production of nuclear, chemical or biological weapons, or rocket systems, space
launch vehicles, sounding rockets or unmanned air vehicle systems; and (iii) you are not prohibited
from participating in U.S. export transactions by any federal agency of the U.S. government. In
addition, you are responsible for complying with any local laws that may impact your right to
import, export or use the Documentation and Development Tools.
U.S. Government Rights
All Sapta software is commercial computer software, and all services are commercial items.
"Commercial computer software" has the meaning set forth in Federal Acquisition Regulation ("FAR")
2.101 for civilian agency purchases and the Department of Defense ("DOD") FAR Supplement ("DFARS")
252.227 7014(a)(1) for defense agency purchases. If the software is licensed or the services are
acquired by or on behalf of a civilian agency, we provide the commercial computer software and/or
commercial computer software documentation and other technical data subject to the terms of these
successors. If the software is licensed or the services are acquired by or on behalf of any agency
within the DOD, we provide the commercial computer software and/or commercial computer software
DFARS 227.7202 3 and its successors. Only if this is a DOD prime contract or DOD subcontract, the
Government acquires additional rights in technical data as set forth in DFARS 252.227 7015. This
U.S. Government Rights clause is in lieu of, and supersedes, any other FAR, DFARS or other clause or
provision that addresses Government rights in computer software or technical data.
Waiver and Severability
condition or any other term or condition, and any failure of ours to assert a right or provision
illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the
Third Party Beneficiaries
shall be third party beneficiaries of provisions of Section 4 (Store and Share) herein in which you
promise not to assert claims for breach of warranty, breach of contract, patent infringement, or
misrepresentation against any third party user based on the use or performance of a App.
Classification of Website and Sapta Products
In the event of a dispute, the categorization of any subject matter as either the Website or a Sapta
Product shall be made by Sapta in its sole discretion, and Sapta may reclassify as Sapta Product
subject matter previously included in the Website.
all licenses, permissions and other rights granted to you hereunder shall immediately terminate
(including the license rights granted by third parties under Section 4 (Store and Share) herein to
Sections 6 (Intellectual Property) and 9 (Legal Considerations) herein shall survive.
Governing Law and Jurisdiction
matter or their formation (in each case, including non contractual disputes or claims) shall be
governed by and construed in accordance with the internal laws of the State of California in the
United States without giving effect to any choice or conflict of laws provision or rule (whether of
the State of California or any other jurisdiction).
Website shall be instituted exclusively in the federal courts of the United States or the courts of
the State of California, in each case located in the San Mateo County, California although we retain
your country of residence or any other relevant country. You hereby irrevocably waive any and all
objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
with respect to the Website and supersede all prior and contemporaneous understandings, agreements,
representations and warranties, both written and oral, with respect to the Website." For the
agreement pursuant to which you have been granted the right to use or access a Sapta Product, except
warranty or entitled to support, service credits, refunds, or other service entitlements under a
© Sapta, Inc. All rights reserved.