Vortex Early Access Programme: Terms and Conditions
Date: 1 September 2024
In consideration of your agreeing to participate in this Early Access Programme ('EAP') of Vortex for evaluation purposes, Adaptavist and you agree as follows.
Fees
There are no fees for the use of the EAP for Vortex. Pricing for later stages of the product will be presented and discussed with customers during and/or after the EAP process. The EAP version of Vortex does not require payment from customers. However, You agree that you are fully responsible for arranging contracts (including making all payments) for third-party providers of AI or any other services you integrate with and use via Vortex.
Your Participation
- Your participation in this EAP of Vortex is entirely voluntary. You can withdraw your participation at any point if you decide to do so.
- You agree to notify us of all problems identified or encountered with the EAP product and all ideas for enhancements or product features which come to your attention during the term of this agreement, as well as any other suggestions, ideas, enhancement requests, feedback, code, recommendations, or other information provided (the 'EAP Feedback'), which shall be subject to the terms of Clause 16 ‘Ownership and Feedback’. We may contact you and you will endeavour to make available a reasonable amount of time to discuss the EAP product with us if so requested.
We retain all rights, title, and interest in and to any EAP Feedback, all of which are hereby assigned to Upscale.
Confidentiality and Data Privacy
We will keep confidential the information collected or recorded during the EAP of Vortex, following our Privacy Policy. You also agree to keep confidential any information shared by us with you.
These terms and conditions supplement and are incorporated into the Adaptavist EULA and the Adaptavist Privacy Policy.
Fair Usage Policy
To ensure a great user experience and service reliability for all users of Vortex, the app is subject to a fair use policy. We do not limit the number of users in your organisation account or the usage limits beforehand. In case of too high usage detected during the EAP, we could apply specific limits during the EAP and we will communicate them accordingly.
You agree not to exceed app usage limits stated in case they are applied for Vortex's EAP and that exceeding these limits will be considered a breach of fair use as per the terms of the Adaptavist EULA.
General
You acknowledge and agree that in relation to the EAP for Vortex (i) there is no guarantee of no data loss for Vortex and (ii) we reserve the right to make underlying technical platform changes including platform(s) migration, which may impact the level of service and availability, or require you to migrate or re-create your data, or cause some data loss.
Supplement to the Data Processing Addendum
Date: 1st September 2024
These terms supplement and are incorporated by reference into the terms of the Adaptavist Data Processing Addendum ('DPA') and shall apply to all Personal Data processed by Adaptavist for the Vortex product.
You agree as follows:
The list of Sub-processors described in the DPA is added to, to include for the Vortex product:
| Sub-Processor | Personal Data being processed | Purpose of the processing | ||||||
|---|---|---|---|---|---|---|---|---|
| Product General Data | Product Administrative Data | Product Personal Profile Data | Transactional and Commerce Data | In-product analytics data | Cookies | Interaction Data | ||
| Timescale | Yes | Yes | Yes | Yes | Hosted Services | |||
| Vercel | Yes | Yes | Yes | Yes | Hosted Services |