Evaluation tenant terms of use

1. Purpose

The evaluation tenant is provided free of charge and solely so that you can assess the features and behaviour of ANKASecure©. It is not a production service, a pilot, a commercial trial or a managed service. Neither party is obliged to enter into any commercial relationship, and nothing in these terms is an offer to sell or a commitment to provide ANKASecure© beyond the evaluation.

2. Who operates it

The tenant runs on an ANKASecure© deployment operated by ANKATech on infrastructure of ANKATech's choosing, which may be located outside your country. It is not an installation in your environment and is not under your administrative or jurisdictional control. Key custody, deployment location and operational controls are ANKATech's for the duration of the evaluation, and they do not reflect how ANKASecure© is deployed for customers.

3. Data you must not load

You must not create, upload, process or store in the evaluation tenant any: personal data of identified or identifiable individuals, other than the account details described in clause 10; confidential or commercially sensitive information of your organization or of third parties; data subject to regulatory obligations, including without limitation health, financial, payment-card, government or export-controlled data; production credentials, secrets or key material; or any data whose disclosure, alteration or loss would cause harm. ANKATech does not agree to act as your processor, service provider or business associate for anything you load, and no data processing agreement or business associate agreement applies to the evaluation tenant. If you load data in breach of this clause, ANKATech may inspect, block, quarantine or delete it, and suspend your access, at any time and without notice, and has no obligation to protect it, return it or notify third parties on your behalf, except where applicable law requires otherwise.

4. Data shown to you

Any data visible in the tenant, the Console, sample scenarios, reports, dashboards or documentation is non-production sample data, generated for demonstration. It is fictitious, does not originate from and does not represent any real organization, customer, person or transaction, and must not be relied on as evidence of any fact, performance level or outcome.

5. Suspension and deletion without notice

ANKATech may suspend, reset, reconfigure or delete the evaluation tenant and everything in it at any time, for any reason, without notice and without liability. You may stop using it at any time. Nothing in the tenant is backed up, archived, exported on your behalf or recoverable after deletion. Do not treat the tenant as a store of record for anything.

6. No service commitments

The evaluation tenant is provided without any commitment as to availability, uptime, capacity, performance, response time, support, incident response, maintenance window or data durability. No service level agreement applies, and no statement about the evaluation tenant creates one.

7. Keys and cryptographic material

Keys generated, imported or rotated in the evaluation tenant are evaluation keys. They must not be used to protect, sign, encrypt or decrypt any real asset, communication, document or system, and must not be reused in any production environment. ANKATech makes no commitment as to their generation, protection, retention or destruction, and may delete them at any time under clause 5.

8. No compliance or certification value

Results, scores, reports, compliance pack evaluations, audit records or posture indications produced in the evaluation tenant are illustrative. They do not constitute an audit, an assessment, a certification, a regulatory submission, legal or regulatory advice, or evidence of compliance with any framework, standard or regulation, and must not be presented as such to any regulator, auditor, customer or third party.

9. Proprietary material

The ANKASecure© platform, its Console, APIs, SDKs, documentation and sample content are proprietary to ANKATech Solutions, Inc. Access to the evaluation tenant grants you no licence other than the right to evaluate, for the duration of the evaluation. You must not copy, publish, benchmark for publication, reverse engineer or make the tenant or its contents available to any third party without ANKATech's prior written consent.

Any feedback you give about ANKASecure© may be used by ANKATech without restriction or compensation.

Non-public information about ANKASecure© that you learn during the evaluation is ANKATech's confidential information and you must not disclose it. If the parties have signed a non-disclosure agreement, it also applies and prevails over this clause in case of conflict.

10. Monitoring and personal data

ANKATech is the controller of the personal data it collects through the request form and the evaluation tenant: your contact details, those of the users you authorize, and operational and usage records such as sign-in events, IP addresses and features used. We use them to provision and secure the tenant, support your evaluation, improve ANKASecure© and, where the law allows, follow up with you about ANKASecure©. Our privacy policy explains the legal basis, recipients, international transfers, retention periods and your rights, and applies to that processing. You will inform the users you authorize that this processing takes place.

11. No warranty

THE EVALUATION TENANT IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SECURITY OR NON-INFRINGEMENT. ANKATECH DOES NOT WARRANT THAT THE EVALUATION TENANT WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE.

12. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANKATECH WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS OR DATA, ARISING FROM OR RELATED TO THE EVALUATION TENANT, AND ANKATECH'S TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO IT WILL NOT EXCEED ONE HUNDRED US DOLLARS (USD 100). Nothing in these terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for fraud, willful misconduct or gross negligence.

13. Export controls and sanctions

ANKASecure© includes cryptographic software subject to United States export control and economic sanctions laws. You confirm that you and the users you authorize are not located in, organized under the laws of, or ordinarily resident in a country or territory subject to comprehensive United States sanctions, and are not identified on any United States government restricted-party list. You will not export, re-export or transfer the platform, its SDKs or its documentation in breach of those laws. ANKATech may refuse or end access to comply with the law.

14. Governing law and jurisdiction

These terms, and any dispute or claim arising out of or relating to them or to the evaluation tenant, including non-contractual claims, are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws rules. The state and federal courts located in the State of Delaware have exclusive jurisdiction, and each party submits to them and waives any objection to venue or to an inconvenient forum. Either party may seek injunctive or other urgent relief from any competent court, and ANKATech may do so in particular to protect its proprietary material under clause 9. You confirm that you act for business purposes and not as a consumer. If mandatory law of your country grants you rights that cannot be waived by contract, nothing in these terms removes them.

15. General

These terms are the entire agreement between you and ANKATech about the evaluation tenant. For the evaluation tenant they prevail over ANKATech's general terms of service, which otherwise continue to apply to our website. If you and ANKATech later sign a commercial agreement, that agreement governs the commercial service and not the evaluation, unless it says otherwise. These terms are provided in English and Spanish; if they differ, the English version prevails. ANKATech may update these terms; the version you accepted applies to your evaluation unless a change is needed to comply with the law, in which case we will notify you through the Console or by email. If any provision is held unenforceable, the rest remains in effect and the provision applies to the minimum extent necessary. A failure to enforce a right is not a waiver of it. You may not assign these terms without ANKATech's written consent; ANKATech may assign them to an affiliate or a successor to its business.

16. Duration, acceptance and authority

The evaluation runs for 30 days from the day the tenant is provisioned, and ANKATech may end it earlier under clause 5. These terms take effect when the person submitting the request ticks the acceptance box on the request form or, for any authorized user who has not already accepted, when that user accepts them on first sign-in to the Console, which is a condition of access. By accepting, you confirm that you have read and accept these terms, that you act for an organization for business purposes, and that you have authority to bind the organization you named in the request. If you do not have that authority, you must not accept these terms or use the tenant.

Questions

Write to contactus@ankatech.co.