Terms of service — Seismic

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• Agreement last updated Report an error

  “Last Updated: March 5, 2026”

• Agreement not signed required Report an error

  “This Agreement does not have to be signed in order to be binding on the Parties.”

• Audit reports on request Report an error

  “Upon Customer’s request no more frequently than once each twelve (12) months during a Service Term, Seismic shall provide Customer with evidence of Seismic’s then-current Audit Reports.”

• DPA applies Report an error

  “To the extent that Seismic processes any personal data on Customer’s behalf in the provision of the Services, the terms of the DPA shall apply.”

• Security safeguards Report an error

  “Seismic will maintain administrative, physical, and technical safeguards appropriate for the Services that are designed to protect the security, confidentiality and integrity of Customer Content”

• Trial terms apply Report an error

  “Customer’s access or use of any Trial Services or other offerings as a Trial are subject to the Trial Terms.”

• Partner orders supported Report an error

  “This Agreement is applicable to Customer’s order of the Services (i) directly from Seismic; (ii) indirectly through a Seismic Partner”

• Credentials individual named Report an error

  “Account Credentials shall be granted to the respective individually named User and may not be concurrently shared among Customer Personnel.”

• Restricted usage Report an error

  “sell, resell, license, sublicense, distribute, grant rights to, rent, outsource, or lease the Services or content therein or Third-Party Content, in whole or in part”

• Professional services via sow Report an error

  “If Customer orders Professional Services to be provided by Seismic, the Parties will execute a separate SOW describing such services.”

• Affiliate orders allowed Report an error

  “Customer Affiliates may order the Services by executing an Order Form and/or SOW that incorporate by reference the terms of this Agreement”

• Retrieval period days Report an error

  “During the Service Term and for a period of thirty (30) calendar days after its expiration or earlier termination ("Retrieval Period"), Customer may, at no additional cost, export Customer Content on a self-service basis using the tools and export formats provided in the Services”

• Deletion after retrieval Report an error

  “After such Retrieval Period, Seismic will have no obligation to maintain or provide any Customer Content to Customer and will securely delete Customer Content in accordance with Seismic’s standard deletion procedures and applicable Laws.”

• Retention exceptions Report an error

  “Seismic may retain Customer Content: (i) where required by applicable Laws or by the Customer in an Order Form or under this Agreement; (ii) for archival, audit, security incident, disaster recovery, indemnity obligations, legal or regulatory purposes”

• Subscription model Report an error

  “the Services are provided on a subscription basis, and the terms of this Agreement, any Order Form and any SOW do not constitute a sale of goods.”

• Feedback license Report an error

  “Customer grants to Seismic and its Affiliates a worldwide, perpetual, irrevocable, royalty-free license to use, distribute, disclose, sublicense, commercialize, and incorporate into its Services any suggestion, enhancement request, recommendation, correction or other feedback”

• Usage data owned by seismic Report an error

  “Seismic owns and shall retain all rights, title and interests in the statistical, diagnostic and other usage data and output derived by or on behalf of Seismic from the operation and support of the Services”

• Invoice currency usd annual prepaid Report an error

  “Seismic will invoice Fees in U.S. dollars for the Services annually in advance of the start date of the applicable Service Term, and invoiced Fees are due within thirty (30) days from the date of Customer’s receipt of each invoice”

• Suspension for nonpayment Report an error

  “Seismic reserves the right to, upon fifteen (15) days prior notice to Customer, suspend the Services relating to the unpaid Fees until such Fees are paid in full”

• Late interest rate Report an error

  “those unpaid Fees may accrue late interest at the lower of the rate of 1.5% of the outstanding balance per month or the maximum rate permitted by applicable Laws”

• Fees exclusive of taxes Report an error

  “Fees are exclusive of all applicable taxes and Customer is responsible for the payment of all taxes that may now or in the future be assessable by any jurisdiction associated with Customer’s purchase of or use of the Services”

• Refund on seismic breach termination Report an error

  “Seismic will refund to Customer a pro-rata portion of any prepaid and unused: (i) Fees for the specific Services directly rendered unavailable as a result of such Material Breach, calculated from the effective termination date through the end of the applicable Service Term”

• Warranty conforms to documentation Report an error

  “Seismic warrants that, during an applicable Service Term: (i) the Services provided to Customer will perform materially in accordance with the applicable Documentation”

• Customer responsible for results Report an error

  “CUSTOMER IS SOLELY RESPONSIBLE FOR, AND AGREES THAT SEISMIC SHALL HAVE NO LIABILITY FOR, ANY DECISIONS OR ACTIONS TAKEN (OR NOT TAKEN) BY CUSTOMER AS A RESULT OF CUSTOMER’S USE OF THE SERVICES, FEATURES AND FUNCTIONALITY, OUTPUT, ARTIFACTS OR INFORMATION PROVIDED, DEVELOPED OR GENERATED FROM CUSTOMER’S USE OF THE SERVICES”

• AI addendum governs AI Report an error

  “Seismic’s provision of AI Technology shall be in accordance with the terms of the AI Addendum.”

• Ip indemnity exclusions Report an error

  “the Services provided under a Trial or an Order Form for which there is no charge or Fees”

• Liability cap twelve months fees Report an error

  “IN NO EVENT SHALL THE AGGREGATE LIABILITY OF EACH PARTY, TOGETHER WITH ALL OF ITS AFFILIATES, ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED AN AMOUNT EQUIVALENT TO THE TOTAL AMOUNT PAID BY CUSTOMER TO SEISMIC FOR THE RELEVANT SERVICES UNDER THE APPLICABLE ORDER FORM OR SOW GIVING RISE TO THE LIABILITY IN THE TWELVE (12)-MONTH PERIOD PRECEDING THE FIRST INCIDENT”

• DPA breach fines direct damages Report an error

  “regulatory fines and penalties imposed by a governmental authority and actually paid by Customer as a direct result of Seismic’s breach of the DPA, shall be deemed direct damages.”

• Assignment restriction Report an error

  “Neither Party may assign, transfer, or sublicense this Agreement without the other Party’s prior written consent, which shall not be unreasonably withheld.”

• SLA support commitment Report an error

  “(ii) provide to Customer applicable Seismic standard Support Services; (iii) provide the Services in accordance with any applicable SLA”

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