1.1. “Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control with the subject entity. “Control,” for purposes of this definition, means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity.
1.2. “Agreement” means this API Spyder End User Software-as-a-Service Agreement.
1.3. “API” means an application programming interface.
1.4. “API Spyder Services” means Cequence’s software-as-a-service that makes its proprietary API Spyder software commercially available as a service offering, together with updates, new releases, and new versions provided through Support Services, and any Documentation provided therewith.
1.5. “Applicable Data Privacy Laws” means the data privacy and security laws of the relevant jurisdiction, including but not limited to the European Union’s General Data Protection Regulation 2016/679 (“GDPR”) and the California Consumer Privacy Act (“CCPA”).
1.6. “Basic Support” means with respect to Purchased Services, i) access to online help within the API Spyder software, ii) access to knowledgebase articles within Cequence’s support portal for API Spyder Services, and (iii) access to assistance from Cequence’s customer success team through one or more support tickets that Customer may create within Cequence’s support portal. For the avoidance of doubt, Cequence does not guarantee support ticket response or resolution times as part of Basic Support and does not commit to provide Basic Support in connection with any Assessment.
1.7. “Beta Services” means certain features, technologies, and services that are not generally available to customers, as updated from time to time.
1.8. “Cequence,” “we,” or “us” means Cequence Security, Inc.
1.9. “Customer,” “you” or “your” means the company, organization, or other legal entity that is entering into this Agreement with Cequence.
1.10. “Customer API Reports” means the reports, analyses, and other output generated by API Spyder Services through examination and analysis of your Customer External APIs.
1.11. “Customer External APIs” means, collectively, the APIs that Customer exposes to the public internet as part of its public-facing websites, web applications, or otherwise.
1.12. “Customer API Data” means the electronic data and information submitted by or for Customer to API Spyder Services or collected and processed by or for Customer as a result of your use of API Spyder Services.
1.13. “Documentation” means the documentation and API Spyder Service feature descriptions, whether online or otherwise and as updated from time to time, as provided by Cequence.
1.14. “Disruption Event” means either: (a) a User’s use of API Spyder Services which could disrupt: (i) API Spyder Services; (ii) other customers’ use of API Spyder Services; or (iii) any Cequence or third-party hosting infrastructure used to provide API Spyder Services; or (b) unauthorized third-party access to API Spyder Services.
1.15. “Generic Reports” means reports that may include Customer API Data and information contained in Customer API Reports in an anonymous, generic, de-identified format aggregated with similar data from other Cequence API Spyder Services customers.
1.16. “Malicious Code” means code, files, scripts, agents or programs intended to do harm, including, for example, viruses, worms, time bombs, and trojan horses.
1.17. “Order Form” means a purchase order, quote, online subscription, or other ordering document specifying the Services to be provided hereunder that is entered into between (a) Customer and (b) Cequence or any of Cequence’s Affiliates or Resellers, including any addenda and supplements thereto. For the avoidance of doubt, Customer’s subscription confirmation on the Cequence website shall be considered an “Order Form” for purposes hereof.
1.18. “Personal Information” means information relating to an identified or identifiable natural person.
1.20. “Purchased Services” means API Spyder Services that Customer purchases under an Order Form, as distinguished from those provided pursuant to an Assessment.
1.21. “Reseller” means one of Cequence’s preferred partner resellers through whom Customer purchases the Services.
1.22. “Subscription Term” means the period of time during which Users are permitted to use the Services hereunder, as specified in the applicable Order Form and including all renewals or extensions thereof.
1.23. “Suspend” or “Suspension”</span > means the immediate disabling of access to the Services, or components of the Services, as applicable, to prevent further use of the Services.
1.24. “User” means an individual who is authorized by Customer to use one or more API Spyder Services and to whom Customer (or Cequence at your request) has supplied a user identification and password. Users may include, for example, your employees, consultants, contractors, and agents.
1.25 “Assessment” means a single, limited use of the API Spyder where Cequence employees interact with the API Spyder to demonstrate the use of API Spyder to Customer with respect to a single domain. The Customer will have no direct interaction with the Product and nothing in this limited use obliges Cequence to provide any deliverables. Any services which are Purchased Services with relation to this limited use will only be provided at the sole discretion of Cequence.