Terms of service — Egnyte

Cited by

Facts read from this source

• Entity Report an error

  “Egnyte, Inc., a Delaware corporation, located at 1350 W. Middlefield Road, Mountain View, California 94043”

• Governing law Report an error

  “This Agreement will be construed and enforced in all respects in accordance with the laws of the State of Delaware”

• DPA link Report an error

  “the Data Protection Addendum at the following link: https://www.egnyte.com/data-protection-addendum (the “DPA”)”

• Ssa18 reports Report an error

  “On an annual basis and upon Customer’s written request, Egnyte will provide Customer with relevant Services-related SSAE18 reports.”

• HIPAA baa Report an error

  “Where required by the U.S. Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), Customer agrees not to upload any personal health information (“PHI Data”) to the Services unless Customer and Egnyte have executed Egnyte’s Business Associate Agreement (“BAA”)”

• SLA link Report an error

  “Egnyte shall make best efforts to meet the requirements in the Service Level Agreement (“SLA”) at the following link: https://www.egnyte.com/service-level-agreement/10-2022”

• SLA minimum spend Report an error

  “This subsection shall not apply to any Customers spending less than $12,000 in subscription fees per year.”

• Terms Report an error

  “Egnyte will provide support for the Services as described in the applicable Order Form (“Support”).”

• Documentation URL Report an error

  “written materials describing the functionality and operation of the Services that Egnyte makes available to customers, including material at https://helpdesk.egnyte.com/hc/en-us”

• User types Report an error

  “an individual authorized by Customer to be a Power User or a Standard User under the Services”

• Standard user restriction Report an error

  “an employee, consultant, or individual contractor of Customer, or an employee, consultant, or individual contractor of any affiliated entity to Customer may not use a Standard User subscription.”

• Beta services disclaimer Report an error

  “Beta Services are provided “as-is” without warranty of any kind and are excluded from any service level commitments and support obligations.”

• Fees non refundable Report an error

  “Except as otherwise stated in this Agreement, fees are non-refundable.”

• Price increase notice Report an error

  “Egnyte shall provide Customer with at least forty-five days’ advance written notice (via email) of such prospective increase in pricing if not already defined on an Order Form.”

• Late fee Report an error

  “past due amounts not subject to a reasonable dispute may accrue a late fee equal to 1.5% per month or the maximum amount allowed by applicable law, whichever is less”

• Taxes exclusive Report an error

  “Fees are exclusive of Taxes, and Customer shall pay or reimburse Egnyte for all Taxes arising out of this Agreement.”

• Suspension past due Report an error

  “Egnyte may suspend Customer’s access to or cancel the Services and/or amend Customer’s payment terms for future billings under the Agreement via written notice if Customer’s account remains past due ten days after Egnyte provides Customer written notice of a past due amount.”

• Liability cap Report an error

  “neither party's aggregate liability arising out of or related to this Agreement (whether in contract or tort or under any other theory of liability) shall exceed the cumulative fees paid or payable by Customer under this Agreement during the twelve months preceding the incident giving rise to liability”

• Liability indemnification cap Report an error

  “in no event will either party’s aggregate liability arising out of or related to this Agreement (whether in contract or tort or under any other theory of liability) exceed two times the amount paid or payable by Customer under this Agreement during the twelve months preceding the date of the event giving rise to such Claim.”

• Term auto renewal Report an error

  “Upon expiration of the initial Subscription Term of an Order Form, the Order Form shall automatically renew as described therein unless either party elects to terminate this Agreement by giving the other party at least thirty (30) days’ written notice prior to the end of the then-current Subscription Term”

• Post termination deletion Report an error

  “Within ninety days of any termination of this Agreement, Egnyte shall destroy all copies of Content that remain within Egnyte’s Services infrastructure.”

• Backup responsibility Report an error

  “While Egnyte's storage provider(s) utilize methods to help ensure availability and redundancy of Content, Customer is responsible for maintaining appropriate backup copies of its Content.”

• Customer ownership Report an error

  “As between Egnyte and Customer, Customer or its licensors own all right, title, and interest in and to the Content.”

• Professional services Report an error

  “Such services may include a rollout plan, project management, data and permissions migration, integrations, and customizations, all as described in a mutually agreed Statement of Work (“SOW”)”

• Restriction no resale Report an error

  “For clarity, the Services are not for resale.”

• Age restriction Report an error

  “Individuals under the age of thirteen may not use the Services.”

• App store Report an error

  “Access to such third-party content may be facilitated by Egnyte through its online app store.”

• Administrator requirement Report an error

  “Customer must maintain at least one active Administrator.”

• Refund on termination for cause Report an error

  “Upon any termination for cause by Customer, Egnyte will refund Customer any prepaid subscription fees for the post-termination period on a pro rata basis.”

• No refund midterm Report an error

  “If Customer attempts to terminate the Agreement during a Subscription Term other than for cause, Egnyte will not provide Customer with a refund for any pre-paid fees”

• Benchmarking restriction Report an error

  “use or allow use of the Services for purposes of product evaluation, benchmarking, or other comparative analysis intended for publication without Egnyte’s prior written consent.”

• Client updates free Report an error

  “either Customer will be offered the ability to upgrade the version of Egnyte Clients that are currently running, or they will be automatically upgraded by Egnyte, at no cost.”

• Warranty remedy Report an error

  “Egnyte represents and warrants that the Services will perform in all material respects in accordance with the Documentation.”

2 facts read from this page are not shown because they could not be confirmed on the page as captured.

Scores citing this record

• The Data Protection Officer European sovereignty
• The Data Protection Officer Pricing transparency
• The IT Integrator Search, retrieval & exit
• The IT Integrator European sovereignty
• The Records Manager European sovereignty
• The Skeptic European sovereignty
• The Mittelstand Owner Document workflows & integrations
• The Mittelstand Owner European sovereignty
• The Mittelstand Owner Pricing transparency
• The GoBD Auditor European sovereignty