Enhaced User Notice

You are a prospective authorized user/ an authorized user for the person (who is a customer of Cyferd Inc. (“Cyferd”) (the “Cyferd Customer”)) who proposes to give/ has given you such authorized user status (“you”, “your”). Such authorized user status relates to your access to and use of the Cyferd Product (via the applicable Customer’s Tenancy(ies)) (each as defined below).

 

The Cyferd Customer has contracted with Cyferd for access to and use of its cloud-native ‘Platform as a Service’ (the “Cyferd Product”) and the related services (the “Services”). Such contract being the “Cyferd Agreement”).

 

The Cyferd Customer has one or more tenancy(ies) (as the case may be) enabling the Cyferd Customer to access and use the Cyferd Product (including any Apps and Features) and any other applicable purchased items from Cyferd, in accordance with and subject to the terms of the Cyferd Agreement (any such tenancy being a “Tenancy”). In this regard an “App” means an application built on and using the Cyferd Product and a “Feature” means a particular/ specific feature of the Cyferd Product that is not an App, but which is embedded into the Cyferd Product.

 

You are either: (i) a customer of the Cyferd Customer who has entered/ will enter into an agreement with the Cyferd Customer for use of its software(s) named “AlphaIMS” (being Apps) which the Cyferd Customer is providing to you as a product/ service (such Apps and such product/ service being “AlphaIMS”); or (ii) an officer, employee, independent contractor, third-party supplier and/or consultant of such customer at (i) above who is duly authorized by that customer to use AlphaIMS. AlphaIMS are only available on one (1) specific Tenancy. Your authorized user status will be restricted to use of AlphaIMS (only) and on that Tenancy (only).

 

By accessing or using the Cyferd Product, any Tenancy, any App, any Feature, any other applicable purchased item(s), you acknowledge and agree to be bound by (in addition to any other similar/ applicable Cyferd policies that relate to such access to and use of the Cyferd Product and which form part of the Customer Agreement) Cyferd’s Privacy Policy (Platform) (https://cyferd.com/cyferdcomm/us) and Cyferd’s Acceptable Use Policy (https://cyferd.com/cyferdcomm/us) (in each case as the same may be amended by Cyferd from time to time). You are responsible for (and must have sufficient authority to take) all actions that are performed on or through your account (making you an authorized user of the Cyferd Customer for its Tenancy(ies) in question), including any procurement or use of third party products or services (and associated disclosure of data) in connection with the Cyferd Product. If you have been added or invited to access or use of the Cyferd Product (via the Customer’s Tenancy(ies)), the Cyferd Customer (via its administrator(s) (super user(s))) (and not you) controls your access to and use of the Cyferd Product/ such Tenancy(ies), including but not limited to adding or removing your access/ user account, enabling or disabling third-party integrations, and managing permissions. Any content that you submit or upload to such Tenancy(ies) may be retained, accessed, used, modified, shared, or removed by the Cyferd Customer and its appointees. You acknowledge that your user account can become managed by the entity that owns or controls the email address domain with which your account was created or registered.

 

You further acknowledge and agree to the following in respect of AlphaIMS: (i) the Cyferd Customer is using the specific Tenancy referred to above on the Cyferd Product to enable you to use AlphaIMS; (ii) (in connection with (i)) the Cyferd Customer is party to the Cyferd Agreement for its access to the Cyferd Product via that Tenancy and that you are not a party to the Cyferd Agreement, you are not ‘the Cyferd Customer’ and you do not have any rights or benefits under the Cyferd Agreement; (iii) (in connection with (i)) all you will be in connection with the Cyferd Agreement is an authorized user(s) of the Cyferd Customer for AlphaIMS only; (iv) Cyferd has no obligations or liabilities to you; (v) Cyferd has nothing to do with AlphaIMS other than it providing access to the specific Tenancy referred to above (only) on the Cyferd Product to Customer in accordance with the terms and conditions of the Cyferd Agreement; (vi) you do not (and can never) get any rights, title or interest to or in the Cyferd Product (including any Tenancy or Feature) and/or Cyferd’s intellectual property; and (vii) AlphaIMS will not work without the Cyferd Product and hence the Cyferd Customer having and maintaining its access to the specific Tenancy under the Cyferd Agreement.