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This Beta / Early Adopter Agreement (“Agreement”) is entered into by and between ST8MNT LLC (“Company”), a California limited liability company, and the undersigned beta customer (“Customer”) as of ________________ (“Effective Date”).1. Beta EvaluationCustomer agrees to test and evaluate Company’s pre-release software and related documentation (the “Beta Software”) for the purpose of providing feedback on functionality, performance, and usability. 2. No Production UseCustomer agrees not to use the Beta Software with production data or for any production or commercial purposes. The Beta Software is provided as-is and may contain bugs, errors, or incomplete functionality. Customer shall not input confidential third-party data, legally binding contract terms, or sensitive personal data into the Beta Software during the Beta Evaluation Period. 3. FeedbackCustomer agrees to provide Company with suggestions, comments, and other feedback regarding the Beta Software (“Feedback”). Company may freely use, modify, and incorporate Feedback into its products and services without restriction, compensation, or obligation to Customer. All Feedback is the sole property of Company. Customer acknowledges That Company is not obligated to incorporate Feedback or AI behavior adjustments specific to Customer's use case. 4. Early Adopter BenefitCustomer is designated as an “Early Adopter” under this Agreement. In recognition of Customer’s participation in the Beta Evaluation Period and contribution of Feedback, Company may provide Customer with continued, no-cost access to the Beta Software (or, at Company’s discretion, its substantially equivalent commercial successor) for internal use, as further described in Exhibit A (“Beta / Early Adopter Terms”). This license is non-exclusive, non-transferable, revocable, provided “AS-IS,” and subject to Company’s then-current terms of use. Company reserves the right to discontinue or limit the benefits described in Exhibit A at any time upon thirty (30) days’ prior written notice. 5. RestrictionsCustomer shall not (a) use the Beta Software in production or with live data; (b) distribute, sell, sublicense, or otherwise transfer the Beta Software; or (c) reverse engineer, decompile, or disassemble the Beta Software except to the extent permitted by law. 6. OwnershipAll rights, title, and interest in and to the Beta Software, including any updates or modifications, are and shall remain the exclusive property of Company. No rights are granted to Customer other than the limited evaluation license expressly set forth in this Agreement. AI-Generated Content (defined below) created within Customer's environment shall be considered Customer data; however, Company retains all rights in and to the underlying models, prompts and system architecture used to generate such AI-Generated Content.7. ConfidentialityCustomer agrees not to disclose, publish, or otherwise disseminate any information regarding the Beta Software, its features, or performance, except with prior written consent from Company. 8. Disclaimer of WarrantiesTHE BETA SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. COMPANY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. AI-Generated Content Disclaimer. Certain features of the Beta Software, including NAVIG8R, may utilize artificial intelligence or automated processing to generate suggested text, scope language, or structured content (“AI-Generated Content”). Customer acknowledges that: (a) AI-Generated Content may be incomplete, inaccurate, or unsuitable for Customer’s intended use; (b) AI-Generated Content is provided solely for evaluation and drafting assistance purposes; (c) Customer is solely responsible for reviewing, validating, and approving all AI-Generated Content prior to use; and (d) AI-Generated Content does not constitute legal, financial, or professional advice. Customer agrees not to rely on AI-Generated Content without independent review. 9. Limitation of LiabilityTO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR THE BETA SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY’S TOTAL LIABILITY SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100). 10. Term and TerminationThis Agreement shall remain in effect until the earlier of (a) the expiration of the Beta Evaluation Period, (b) Company’s commercial release of the Beta Software, or (c) termination by either party upon written notice. Upon termination, Customer shall cease all use of and delete or return the Beta Software. 11. Services DisclaimerCustomer acknowledges that any optional services related to the Beta Software, including but not limited to configuration, integration, customization, or training, may be offered by Company’s independent development partner, under a separate agreement directly between Customer and such partner, as further described in Exhibit B (“Optional Services”). Company shall have no responsibility or liability for such services, and any obligations relating to such services shall be solely between Customer and Company’s independent development partner.12. Miscellaneousa. This Agreement shall be governed by the laws of the State of California, without regard to its conflict of law rules. Any dispute arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of the state courts located in Santa Clara County, California, or the federal courts of the United States District Court for the Northern District of California, San Jose Division.b. This Agreement is the entire agreement between the parties concerning the Beta Software and supersedes any prior or contemporaneous oral or written agreements.Exhibit A – Beta / Early Adopter Terms This Exhibit A forms part of the Beta / Early Adopter Agreement between Company and Customer. The following terms apply to Customer’s Early Adopter status: Apps (check as applicable) - ST8MNT Inbound - ST8MNT Outbound - AGRE2MNT- NAVIG8R - All apps Beta Evaluation Period: [_____] days from the Effective Date. Number of Users Licensed: [_____] users. Additional Terms: ________________________________________Exhibit B – Optional Services This Exhibit B forms part of the Beta / Early Adopter Agreement between Company and Customer. The following optional services may be provided by Company to Customer, subject to availability: E-signature configuration assistance (e.g., DocuSign, Salesforce Sign, or other supported solutions).Custom integrations with third-party applications or Customer’s existing systems.Customizations of workflows, fields, or reports within the Beta Software.Training or enablement sessions for Customer’s team. All Optional Services shall be scoped separately, documented in a mutually agreed Statement of Work, and billed at Company’s or Company’s independent development partner then-current rates.
Claro, aquí está en puro texto, sin links ni elementos raros:INTRODUCTIONThis SaaS Subscription Agreement (“Agreement”) is a legally binding contract between ST8MNT LLC (“ST8MNT LLC,” “we,” “us,” or “our”) and the entity or individual who installs, accesses, or uses the ST8MNT Apps (“Customer,” “you,” or “your”). By clicking “Confirm & Install,” signing an order form, or otherwise accessing or using the ST8MNT Apps after provisioning through Salesforce and downloading from the ST8MNT website, you acknowledge and agree to be bound by the terms of this Agreement. If you do not agree, you may not install or use the ST8MNT Apps.1.1. Purpose and Scope: ST8MNT LLC provides a cloud-based Statement of Work (“SOW”) management solution through Salesforce’s cloud platform, with subscriptions managed directly by ST8MNT LLC via its website, designed to optimize project workflows, enhance collaboration, and improve visibility. This Agreement governs your subscription, access, and use of the ST8MNT Apps and all related services.1.2. Modifications to the Agreement: We reserve the right to update or modify this Agreement at any time. Any changes will be posted on our website or within the ST8MNT Apps, and the “Last Updated” date will be revised accordingly. Your continued use of the ST8MNT Apps after such modifications constitutes your acceptance of the revised terms.1.3. Effective Date: This Agreement becomes effective on the date you first install, subscribe to, or access the ST8MNT Apps (“Effective Date”).1.4. Eligibility and Authority: If you are entering into this Agreement on behalf of an entity, such as a company or organization, you represent and warrant that you have the legal authority to bind that entity to this Agreement. If you do not have such authority, or if you do not agree with the terms, you may not use the ST8MNT Apps.DEFINITIONSFor the purposes of this Agreement, the following terms shall have the meanings set forth below:2.1. Affiliates – Any entity that directly or indirectly controls, is controlled by, or is under common control with a party. “Control” means ownership of at least 50% of voting equity or the ability to direct management and policies of the entity, whether through ownership, contract, or otherwise.2.2. Confidential Information – Any non-public, proprietary, or sensitive information disclosed by one party to the other, whether orally, electronically, or in writing, that is designated as confidential or that reasonably should be understood to be confidential.2.3. Documentation – The user manuals, guides, technical specifications, and any other materials provided by ST8MNT LLC that describe the functionality and use of the ST8MNT Apps.2.4. Force Majeure Event – Any event or circumstance beyond the reasonable control of a party, including but not limited to natural disasters, strikes, acts of war, terrorism, governmental actions, cyberattacks, or failures of third-party providers.2.5. Order Form – Any electronic or written ordering document specifying the subscription to the ST8MNT Apps, including details such as pricing, subscription term, and the number of authorized Users, as mutually agreed by the parties.2.6. ST8MNT Apps: The proprietary software applications developed and provided by ST8MNT LLC, including but not limited to its suite of Salesforce Lightning apps for SOW management, such as ST8MNT Inbound, ST8MNT Outbound, AGRE2MNT, NAVIG8R, and any associated enhancements, updates, or related modules made available directly by ST8MNT LLC via its website.ST8MNT Inbound improves sourcing and project collaboration.ST8MNT Outbound enhances service provider and customer interactions.AGRE2MNT is a document repository for managing agreements, amendments, renewals, and terminations.NAVIG8R provides AI-assisted drafting and ideation for use with ST8MNT Inbound and ST8MNT Outbound.The term ST8MNT Apps also includes any related features, modules, updates, enhancements, custom configurations, and associated documentation provided by ST8MNT LLC through the Salesforce AppExchange.2.7. Subscription Term – The specific period during which the Customer is authorized to access and use the ST8MNT Apps, as defined by the subscription plan selected by the Customer.2.8. Third-Party Service(s) – Any external services, applications, or platforms integrated or used in conjunction with the ST8MNT Apps, including but not limited to Slack, Stripe, Salesforce AI, Einstein, and any other third-party tools or services.2.9. Users – Individuals who are authorized by the Customer to access and use the ST8MNT Apps under the Customer’s subscription, subject to the terms of this Agreement.2.10. Your Data – Any data, information, content, or materials submitted, transmitted, stored, or otherwise provided by the Customer or its Users within the ST8MNT Apps. This includes, but is not limited to, personal data, project details, and business information.GRANT OF LICENSE AND USAGE RIGHTS3.1. License Grant: Subject to the terms of this Agreement and the applicable Subscription Plan selected by the Customer, ST8MNT LLC grants the Customer a limited, non-exclusive, non-transferable, and revocable license to access and use the ST8MNT Apps during the Subscription Term. This license is granted solely for the Customer’s internal business operations and is subject to compliance with this Agreement and all applicable Salesforce platform terms.This license does not grant the Customer any ownership rights in the ST8MNT Apps, nor does it permit any use beyond what is expressly authorized herein. ST8MNT LLC retains all rights, title, and interest in and to the ST8MNT Apps, including but not limited to all associated intellectual property, trademarks, and proprietary technology.3.2. Usage Restrictions: The Customer and its Users agree not to:(a) Sell, sublicense, rent, lease, distribute, or commercially exploit the ST8MNT Apps or any part thereof to any third party.(b) Modify, copy, reproduce, or create derivative works based on the ST8MNT Apps or any part thereof.(c) Reverse engineer, decompile, disassemble, or attempt to extract the source code of the ST8MNT Apps, except as permitted by law.(d) Use the ST8MNT Apps in a manner that violates any laws, regulations, or third-party rights, including privacy, intellectual property, and data protection laws.(e) Use the ST8MNT Apps to process or store sensitive personal data, such as financial information, healthcare data, or government-issued identifiers, without prior written consent from ST8MNT LLC.(f) Circumvent or disable any security features or usage limits applied to the ST8MNT Apps.(g) Use the ST8MNT Apps to build, develop, or enhance a competing product or service.(h) Allow unauthorized third parties to access or use the ST8MNT Apps without ST8MNT LLC’s explicit authorization.Failure to comply with these restrictions may result in suspension or termination of access to the ST8MNT Apps without refund, in addition to any legal remedies available to ST8MNT LLC.3.3. Trial Period: If ST8MNT LLC offers a Trial Period, the Customer may access and use the ST8MNT Apps in a sandbox environment for evaluation purposes for a period of up to six months from the date of installation (“Trial Period”).(a) During the Trial Period, ST8MNT LLC provides the ST8MNT Apps “as-is” with no warranties of any kind, and ST8MNT LLC shall not be liable for any loss, damages, or data deletion arising from Trial Period use.(b) Upon expiration of the Trial Period, access to the ST8MNT Apps will automatically terminate, and any Customer Data entered during the Trial Period may be permanently deleted unless the Customer purchases a subscription before the Trial Period expires.(c) ST8MNT LLC reserves the right to modify, restrict, or terminate Trial access at any time, for any reason, at its sole discretion.FEES, BILLING, AND PAYMENT TERMS4.1. Fees: The Customer agrees to pay all applicable subscription fees for the ST8MNT Apps as specified on the ST8MNT website or in an Order Form provided by ST8MNT LLC. All fees are charged in United States Dollars. Fees are billed directly by ST8MNT LLC through its designated payment processor, such as Stripe, or as otherwise agreed in the Order Form.Fees are based on the selected subscription plan and the number of authorized Users. The Customer acknowledges that pricing may be subject to changes upon renewal, and any adjustments will be communicated in advance.4.2. Taxes: All fees are exclusive of taxes. The Customer is responsible for all applicable taxes, duties, levies, or similar governmental assessments related to their use of the ST8MNT Apps, including but not limited to sales tax, value-added tax, goods and services tax, and other similar charges.If ST8MNT LLC is required by law to collect and remit any such taxes, those amounts will be added to the invoice unless the Customer provides a valid tax exemption certificate before the transaction.4.3. Non-Refundable Payments: All payments made under this Agreement are non-refundable and non-cancellable, except as required by applicable law. This includes, but is not limited to, situations where the Customer chooses to cancel their subscription before the end of the Subscription Term or fails to utilize the ST8MNT Apps.No refunds or credits will be issued for partial months of service, account downgrades, or unused access. Any exceptions to this policy must be approved in writing by ST8MNT LLC.4.4. Late Payments(a) If the Customer fails to make payment when due, ST8MNT LLC reserves the right to suspend or terminate access to the ST8MNT Apps until all outstanding amounts are paid in full.(b) If payment remains overdue for more than thirty days, ST8MNT LLC may charge a late payment fee of 1.5% per month, or the maximum rate permitted by law, on the outstanding balance.(c) If the Customer disputes a charge, they must notify ST8MNT LLC in writing within ten days of the invoice date, providing details of the dispute. Failure to notify within this timeframe constitutes acceptance of the charge.(d) ST8MNT LLC reserves the right to engage third-party collection agencies or legal processes to recover unpaid amounts, and the Customer shall be responsible for all reasonable costs associated with such collection efforts, including attorneys’ fees.TERM AND TERMINATION5.1. Subscription Term: The initial Subscription Term shall commence on the Effective Date and continue for a period of one year, unless terminated earlier in accordance with this Agreement. Upon expiration of the initial Subscription Term, the Agreement shall automatically renew for successive one-year periods, each a “Renewal Term,” unless either party provides written notice of non-renewal at least sixty days prior to the expiration of the then-current term.Any adjustments to subscription fees or terms for the Renewal Term will be communicated to the Customer prior to the renewal effective date. Continued use of the ST8MNT Apps after renewal constitutes acceptance of the revised terms.5.2. Termination for Cause: Either party may terminate this Agreement immediately upon written notice if the other party commits a material breach of any provision of this Agreement and fails to remedy such breach within ten days after receiving written notice specifying the nature of the breach.Material breaches may include, but are not limited to, failure to pay undisputed fees when due, unauthorized use of the ST8MNT Apps in violation of Section 3, violation of confidentiality obligations, or misuse of Customer Data contrary to the terms of this Agreement.5.3. Effect of Termination: Upon termination or expiration of this Agreement for any reason: (a) The Customer’s right to access and use the ST8MNT Apps will immediately cease, and all licenses granted herein shall be revoked; (b) The Customer remains responsible for any outstanding fees accrued prior to the termination date; (c) ST8MNT LLC may, at its discretion, delete or permanently destroy any Customer Data stored within the ST8MNT Apps after thirty days, unless the Customer submits a written request for data export prior to the termination effective date; (d) Sections that by their nature should survive termination, including but not limited to Sections 6, 8, 9, 11, and 12, shall continue to remain in effect.DATA OWNERSHIP AND PRIVACY6.1. Customer Data Ownership: As between the parties, the Customer retains all rights, title, and interest in and to Customer Data, including any intellectual property rights therein. ST8MNT LLC does not claim ownership of any Customer Data submitted, stored, or processed through the ST8MNT Apps. The Customer is solely responsible for the accuracy, quality, integrity, legality, and reliability of all Customer Data and for ensuring it complies with applicable laws and regulations.6.2. Use of Customer Data by ST8MNT: The Customer grants ST8MNT LLC a limited, non-exclusive, royalty-free, worldwide license to use, process, transmit, and display Customer Data solely as necessary to provide, maintain, and improve the ST8MNT Apps, and to perform its obligations under this Agreement.Additionally, ST8MNT LLC may anonymize and aggregate Customer Data for analytical and product improvement purposes, provided that such data cannot be used to identify the Customer or any individual directly or indirectly. ST8MNT LLC may also use anonymized data to generate insights, metrics, or trends that may be shared publicly or with third parties, without revealing any identifying information.6.3. No Model Training; Autonomous Activities: ST8MNT LLC does not use Customer Data to train or improve generalized artificial intelligence or machine learning models for its independent purposes. Customer Data is processed solely to provide the Services in accordance with the Agreement. The ST8MNT Apps may include automated drafting assistance. The ST8MNT Apps do not perform autonomous decision-making or automated profiling of individuals.6.4. Data Processing Location and Security: Customer Data is processed within the Customer’s Salesforce environment and is subject to Salesforce’s data handling and security protocols. ST8MNT LLC does not transfer or process Customer Data outside of Salesforce’s infrastructure without the Customer’s consent.ST8MNT LLC implements and maintains industry-standard administrative, technical, and organizational measures designed to safeguard Customer Data against unauthorized access, loss, misuse, or disclosure. Additionally, the Customer acknowledges that Salesforce maintains compliance certifications, including but not limited to SOC 2, ISO 27001, and GDPR readiness, which apply to Customer Data processed within Salesforce environments.6.5. Third-Party Services and Data Sharing: The ST8MNT Apps may integrate with certain Third-Party Services. By enabling such integrations, the Customer authorizes ST8MNT LLC to share relevant Customer Data with these Third-Party Service providers only to the extent necessary to provide the requested functionality.6.6. Compliance with Data Protection Laws: ST8MNT LLC shall comply with applicable data protection laws, including but not limited to the California Consumer Privacy Act and the General Data Protection Regulation, to the extent applicable. However, because Customer Data is primarily managed within Salesforce, the Customer is responsible for obtaining all necessary consents and legal bases for processing personal data, complying with its own data protection obligations, and notifying its users or data subjects as required by law.6.7. Data Retention and Deletion: Upon termination or expiration of this Agreement, ST8MNT LLC will retain Customer Data for a period of thirty days, after which the data may be permanently deleted. The Customer may request an export of its data in a commercially reasonable, industry-standard format, such as CSV or JSON, during this retention period, subject to applicable Salesforce export capabilities.6.8. Data Breach Notification: In the event of a confirmed security breach affecting Customer Data, ST8MNT LLC will notify the Customer without undue delay, provide reasonable information regarding the nature and scope of the breach, and cooperate with the Customer to comply with any applicable notification or remediation obligations.THIRD-PARTY SERVICES AND INTEGRATIONS7.1. Integration with Third-Party Services: The ST8MNT Apps may integrate or interoperate with Third-Party Services. Such integrations may allow for improved collaboration, payment processing, AI-driven insights, and communication features.By enabling or utilizing these Third-Party Services in connection with the ST8MNT Apps, the Customer acknowledges and agrees that certain Customer Data may be transmitted to or processed by the applicable Third-Party Service providers. The Customer is solely responsible for reviewing and complying with any terms, conditions, privacy policies, and practices of these Third-Party Service providers. ST8MNT LLC has no control over, and assumes no responsibility or liability for, the performance, reliability, availability, data handling, or compliance practices of any Third-Party Services.7.2. Customer Responsibility: The Customer’s decision to use or integrate with any Third-Party Service is entirely at their discretion and risk. It is the Customer’s responsibility to: (a) Obtain any required authorizations or consents necessary for the transfer of Customer Data to Third-Party Services; (b) Ensure that such integrations do not violate applicable data protection laws, contractual obligations, or third-party rights; (c) Monitor and manage the Customer’s own relationships with the respective Third-Party Service providers.7.3. No Endorsement or Warranty: ST8MNT LLC does not endorse, warrant, or guarantee the availability, security, legality, or functionality of any Third-Party Service. Any issues, disputes, or losses arising out of or related to the Customer’s use of Third-Party Services must be addressed directly between the Customer and the applicable Third-Party provider.7.4. Changes to Integrations: ST8MNT LLC reserves the right to modify, suspend, or discontinue support for specific Third-Party Services at any time without notice, if such services cease to be available, pose a security risk, or are no longer supported by Salesforce or other governing platforms.INTELLECTUAL PROPERTY RIGHTS8.1. Ownership of ST8MNT Apps: ST8MNT LLC and its licensors retain all rights, title, and interest in and to the ST8MNT Apps, including but not limited to all associated software, code, designs, trademarks, logos, documentation, updates, enhancements, and all intellectual property rights therein, whether registered or unregistered.Except for the limited license expressly granted to the Customer under this Agreement, no rights or ownership interests in the ST8MNT Apps are transferred or assigned to the Customer. All rights not expressly granted to the Customer are reserved by ST8MNT LLC.The Customer agrees not to remove, obscure, or alter any proprietary rights notices, including copyright and trademark notices, affixed to or contained within the ST8MNT Apps.8.2. Ownership of Customer Data: As outlined in Section 6, the Customer retains all rights, title, and interest in and to Customer Data. ST8MNT LLC does not claim ownership of Customer Data and will only use it as necessary to provide the services under this Agreement.8.3. AI Output Ownership: To the extent permitted by applicable law, AI-Generated Content created within the Customer’s Salesforce environment shall be considered Customer Data and owned by the Customer. ST8MNT LLC retains ownership of the underlying models, prompts, and system architecture used to generate such content.8.4. Feedback and Suggestions: If the Customer or its Users provide feedback, comments, suggestions, or ideas regarding the ST8MNT Apps, collectively “Feedback,” the Customer agrees that ST8MNT LLC may use, implement, and incorporate such Feedback without restriction or obligation to the Customer. The Customer hereby assigns any intellectual property rights in the Feedback to ST8MNT LLC and acknowledges that providing Feedback is voluntary and does not grant the Customer any ownership rights or claims over subsequent developments.8.5. Restrictions on Use of Intellectual Property: The Customer shall not: (a) Copy, reproduce, modify, adapt, or create derivative works based on the ST8MNT Apps; (b) Reverse engineer, decompile, or attempt to derive the source code of the ST8MNT Apps, except where expressly permitted by applicable law; (c) Use ST8MNT’s trademarks, logos, or branding in any manner without prior written authorization; (d) Attempt to register or claim any rights in any intellectual property belonging to ST8MNT LLC.CONFIDENTIALITY9.1. Definition of Confidential Information: For the purposes of this Agreement, “Confidential Information” means any non-public, proprietary, or sensitive information disclosed by one party, the “Disclosing Party,” to the other party, the “Receiving Party,” whether orally, electronically, or in writing, that is marked or identified as confidential, or is of a nature that a reasonable person would understand to be confidential under the circumstances.Confidential Information includes but is not limited to business strategies, financial information, product plans, technical data, software code, trade secrets, pricing, Customer Data, information relating to Users, projects, or agreements, the terms and conditions of this Agreement, and any related communications.Confidential Information does not include information that: (i) Is or becomes publicly available through no fault of the Receiving Party; (ii) Is lawfully obtained from a third party without breach of confidentiality; (iii) Is independently developed by the Receiving Party without reference to the Disclosing Party’s information; (iv) Was already known to the Receiving Party without confidentiality obligations prior to disclosure.9.2. Confidentiality Obligations: The Receiving Party agrees to: (a) Use the Disclosing Party’s Confidential Information solely for the purpose of fulfilling its obligations under this Agreement; (b) Not disclose Confidential Information to any third party without the Disclosing Party’s prior written consent, except as expressly permitted herein; (c) Exercise the same degree of care, but no less than reasonable care, to protect the confidentiality of the Disclosing Party’s Confidential Information as it uses to protect its own.The Receiving Party may disclose Confidential Information to its employees, affiliates, contractors, and professional advisors who have a legitimate need to know, provided they are bound by confidentiality obligations no less protective than those contained in this Agreement.9.3. Legally Required Disclosures: If the Receiving Party is required by law, court order, or governmental regulation to disclose Confidential Information, the Receiving Party will: (a) Provide the Disclosing Party with prompt written notice, if legally permitted, so the Disclosing Party may seek protective measures; (b) Limit disclosure to only the information legally required to be disclosed.9.4. Confidentiality and Salesforce Support: The Customer acknowledges that in certain cases, ST8MNT LLC may share limited Confidential Information with Salesforce or its authorized representatives for the sole purpose of troubleshooting, support, or compliance related to the ST8MNT Apps, in line with Salesforce policies and under strict confidentiality terms.9.5. Duration of Confidentiality Obligations: The obligations set forth in this section shall continue during the Subscription Term and for a period of three years after termination or expiration of this Agreement, except for trade secrets, which shall remain confidential indefinitely.WARRANTIES AND DISCLAIMERS10.1. Limited Warranty: ST8MNT LLC warrants that, during the applicable Subscription Term, the ST8MNT Apps will perform in substantial conformity with the published Documentation made available by ST8MNT LLC.If the Customer notifies ST8MNT LLC in writing of any material non-conformity, and ST8MNT LLC is unable to remedy the non-conformity within a reasonable period, the Customer’s sole remedy will be to terminate the affected subscription and receive a pro-rated refund of any prepaid, unused fees for the remainder of the Subscription Term.10.2. Service Availability Disclaimer: The Customer acknowledges that the ST8MNT Apps are dependent on the Salesforce platform and Third-Party Services, and that ST8MNT LLC cannot guarantee uninterrupted availability or error-free operation due to factors beyond its control. Access may be subject to occasional downtime for maintenance, upgrades, or emergency situations, which ST8MNT LLC will make reasonable efforts to minimize.10.3. General Disclaimers: Except as expressly provided in Section 10.1, the ST8MNT Apps and all related services are provided “AS IS” and “AS AVAILABLE,” without warranties of any kind, whether express, implied, statutory, or otherwise.To the maximum extent permitted by applicable law, ST8MNT LLC specifically disclaims all implied warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy of data, and any warranties arising from course of dealing, usage, or trade practice.10.4. No Warranty on Third-Party Services: ST8MNT LLC makes no warranties or guarantees regarding the performance, availability, legality, or security of any Third-Party Services integrated with the ST8MNT Apps, or other Salesforce-related services. The Customer’s use of Third-Party Services is governed solely by the applicable Third-Party Service provider terms and conditions.10.5. AI-Generated Content Disclaimer: Certain features of the ST8MNT Apps, including NAVIG8R, may utilize artificial intelligence or automated processing to generate suggested text, scope language, or structured content (“AI-Generated Content”). AI-Generated Content is provided for informational and drafting assistance purposes only. The Customer acknowledges and agrees that: (a) AI-Generated Content may not be accurate, complete, or suitable for a particular purpose; (b) The Customer is solely responsible for reviewing, validating, and approving all AI-Generated Content prior to use; (c) ST8MNT LLC does not guarantee the accuracy, reliability, legal sufficiency, or compliance of any AI-Generated Content; (d) AI-Generated Content does not constitute legal, financial, procurement, or professional advice. The Customer assumes all responsibility for any decisions, agreements, or actions taken based on AI-Generated Content.LIMITATION OF LIABILITY11.1. Exclusion of Indirect and Consequential Damages: To the fullest extent permitted by applicable law, neither ST8MNT LLC nor its directors, officers, employees, agents, affiliates, licensors, or suppliers shall be liable to the Customer or any third party for any indirect, incidental, special, exemplary, punitive, or consequential damages, including but not limited to loss of profits or revenue, loss of business opportunity or goodwill, business interruption, loss, corruption, or unauthorized disclosure of data, cost of procurement of substitute goods or services, or any other intangible losses, whether such damages arise from use or inability to use the ST8MNT Apps, reliance on services, integration with third-party platforms, or any other aspect of this Agreement, even if ST8MNT LLC has been advised of the possibility of such damages.11.2. Limitation of Direct Damages: To the fullest extent permitted by law, ST8MNT LLC’s total cumulative liability to the Customer, for any and all claims, losses, damages, liabilities, or expenses arising out of or related to this Agreement, regardless of the cause of action or legal theory, including but not limited to breach of contract, tort, negligence, strict liability, or otherwise, shall not exceed the total amount of fees paid by the Customer to ST8MNT LLC under this Agreement during the twelve-month period immediately preceding the event giving rise to the claim.11.3. Applicability of Limitations: The limitations and exclusions set forth in this Section: (a) Apply whether the claim arises from contractual liability, tort liability, including negligence, strict liability, product liability, or otherwise; (b) Apply even if an exclusive remedy under this Agreement fails of its essential purpose; (c) Shall not apply to the extent prohibited by law, including liability for death or personal injury caused by ST8MNT LLC’s gross negligence or willful misconduct, or any other liability that cannot be lawfully excluded or limited.11.4. Third-Party Services Liability Disclaimer: ST8MNT LLC specifically disclaims all liability arising from the availability, performance, or security of Third-Party Services, any actions or omissions of Third-Party Service providers, and data loss, breaches, or misuse originating from third-party integrations.The Customer agrees that their use of such Third-Party Services is solely at their own risk and governed by the terms and conditions of the respective third-party providers.11.5. Allocation of Risk: The fees charged under this Agreement reflect the allocation of risk between the parties. The Customer acknowledges that the limitations of liability and exclusions of certain damages in this Agreement are fundamental elements of the basis of the bargain between the parties, and that ST8MNT LLC would not be able to provide the ST8MNT Apps on an economically reasonable basis without such limitations.INDEMNIFICATION12.1. Indemnification by ST8MNT LLC: ST8MNT LLC shall defend and indemnify the Customer and its affiliates, officers, directors, employees, and agents, collectively the “Customer Indemnified Parties,” from and against any and all third-party claims, demands, actions, proceedings, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to allegations that the ST8MNT Apps infringe or misappropriate any valid U.S. intellectual property rights of a third party, including copyrights, trademarks, or trade secrets.12.1.1. Exclusions: ST8MNT LLC’s indemnification obligation shall not apply to claims arising from: (a) The Customer’s use of the ST8MNT Apps in violation of this Agreement or applicable law; (b) Modifications or combinations of the ST8MNT Apps by the Customer not authorized by ST8MNT LLC; (c) Use of the ST8MNT Apps in combination with hardware, software, or services not provided or approved by ST8MNT LLC, if the claim would not have arisen without such combination; (d) Third-Party Services, which are governed by separate terms and are explicitly excluded.12.1.2. Remedy: In the event of an infringement claim covered under this section, ST8MNT LLC may, at its sole option and expense: (a) Procure for the Customer the right to continue using the ST8MNT Apps; (b) Modify or replace the ST8MNT Apps to make them non-infringing without materially reducing their functionality; (c) If neither (a) nor (b) is commercially feasible, terminate the Customer’s subscription and refund any prepaid, unused fees for the remainder of the Subscription Term.12.2. Indemnification by Customer: The Customer shall defend and indemnify ST8MNT LLC and its affiliates, officers, directors, employees, and agents, collectively the “ST8MNT Indemnified Parties,” from and against any and all third-party claims, demands, actions, proceedings, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to: (a) The Customer’s or Users’ breach of this Agreement or violation of applicable law; (b) Unauthorized or improper use of the ST8MNT Apps; (c) Any Customer Data or content submitted by the Customer or its Users, including allegations that such data or content violates third-party rights, such as intellectual property, privacy, or data protection laws; (d) Customer’s use of Third-Party Services in connection with the ST8MNT Apps.12.3. Indemnification Procedures: The indemnifying party’s obligations under this section are conditioned upon: (a) The indemnified party providing prompt written notice of the claim, provided that failure to provide timely notice shall not relieve the indemnifying party of its obligations, except to the extent materially prejudiced by the delay; (b) The indemnifying party having sole control over the defense and settlement of the claim, provided that any settlement that imposes liability or obligations on the indemnified party requires prior written consent, not unreasonably withheld; (c) The indemnified party providing reasonable cooperation and assistance at the indemnifying party’s expense.GOVERNING LAW AND DISPUTE RESOLUTION13.1. Governing Law: This Agreement, and any disputes, claims, or controversies arising out of or related to this Agreement, the ST8MNT Apps, or the relationship between the parties, shall be governed by and construed in accordance with the laws of the State of California, United States of America, without regard to its conflict of law principles or the United Nations Convention on Contracts for the International Sale of Goods.13.2. Dispute Resolution Process: In the event of any dispute or disagreement between the parties arising out of or in connection with this Agreement: (a) The parties agree to first attempt to resolve the dispute informally and in good faith through discussions and negotiations between authorized representatives; (b) If the dispute cannot be resolved informally within thirty days, either party may refer the matter to binding arbitration as described below.13.3. Arbitration: (a) Any dispute, claim, or controversy that cannot be resolved informally shall be finally settled by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. (b) The arbitration shall be conducted in English by a single arbitrator selected by mutual agreement of the parties, or, if no agreement is reached, appointed by the American Arbitration Association. (c) The arbitration proceedings shall take place in San Francisco, California, unless the parties mutually agree to a different location. (d) Each party shall bear its own costs and expenses related to the arbitration, but the arbitrator may award reasonable attorneys’ fees and costs to the prevailing party.13.4. Injunctive Relief: Notwithstanding the above, either party may seek injunctive or equitable relief in a court of competent jurisdiction to protect its intellectual property rights, confidential information, or proprietary interests without first submitting the matter to arbitration.13.5. Jurisdiction and Venue for Court Actions: For any claims or actions not subject to arbitration, including enforcement of arbitration awards or seeking injunctive relief, the parties irrevocably submit to the exclusive jurisdiction and venue of the state and federal courts located in San Francisco, California.13.6. Waiver of Class Actions: To the fullest extent permitted by applicable law, all disputes shall be resolved on an individual basis. Neither party shall be entitled to participate in a class action, class arbitration, or any other representative proceeding against the other party.MISCELLANEOUS PROVISIONS14.1. Force Majeure: Neither party shall be liable for any failure or delay in performance of its obligations under this Agreement, excluding payment obligations, due to events beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, government actions, strikes, labor disputes, power outages, internet failures, cyberattacks, or other unforeseen events, each a “Force Majeure Event.”The affected party shall promptly notify the other party of the Force Majeure Event and use commercially reasonable efforts to resume performance.14.2. Entire Agreement: This Agreement, along with any referenced documents, including the Privacy Policy and order forms, constitutes the entire agreement between the parties and supersedes all prior or contemporaneous agreements, representations, understandings, proposals, or communications, whether oral or written, relating to the subject matter herein.14.3. Amendments and Modifications: ST8MNT LLC reserves the right to modify or update this Agreement at any time. Material changes will be communicated via the ST8MNT Apps or the ST8MNT website. Continued use of the ST8MNT Apps after the effective date of any modifications constitutes the Customer’s acceptance of the updated terms.14.4. Assignment: The Customer may not assign, transfer, or delegate any of its rights or obligations under this Agreement without prior written consent from ST8MNT LLC. ST8MNT LLC may assign or transfer this Agreement in connection with a merger, acquisition, sale of assets, or other corporate restructuring without the Customer’s consent.14.5. Relationship of the Parties: The parties are independent contractors, and nothing in this Agreement shall be construed to create a partnership, joint venture, agency, fiduciary, or employment relationship between the parties. Neither party has authority to bind the other party or incur obligations on its behalf.14.6. No Waiver: The failure of either party to enforce any provision of this Agreement shall not constitute a waiver of such provision or of any other provision. Any waiver must be in writing and signed by an authorized representative of the waiving party.14.7. Severability: If any provision of this Agreement is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect, and the unenforceable provision shall be replaced with a valid, enforceable provision that most closely reflects the parties’ original intent.14.8. Notices: All notices under this Agreement shall be in writing and delivered by email, with confirmation of receipt, personal delivery, or recognized courier service to the addresses set forth below, or to such other addresses as either party may designate in writing. Notices shall be deemed received: (a) Upon receipt if delivered personally or by courier; (b) Upon receipt confirmation if delivered by email; or (c) Three business days after mailing if sent by registered or certified mail.For ST8MNT LLC:Email: st8mntapps@gmail.com14.9. Export Compliance: The Customer agrees to comply with all applicable export control laws and regulations, including U.S. export laws, regarding its access to and use of the ST8MNT Apps. The Customer shall not export, re-export, or allow access to the ST8MNT Apps in violation of such laws.
1. INTRODUCTION Welcome to www.st8mntapps.com (the "Website"), operated by ST8MNT LLC ("ST8MNT LLC," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of the Website, including all content, features, and services made available to you. By accessing or using the Website, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must discontinue use of the Website immediately. Your use of the Website is also subject to our Privacy Policy, which explains how we collect, use, and safeguard any personal information you provide through the Website. Please review the Privacy Policy carefully before submitting any information. ST8MNT LLC reserves the right to modify or update these Terms at any time without prior notice. Your continued use of the Website after such modifications constitutes your acceptance of the revised Terms. 2. DEFINITIONSFor the purposes of these Terms:2.1. “Content” means all text, graphics, logos, images, software, code, and other materials made available on the Website.2.2. “Privacy Policy” refers to ST8MNT LLC’s policy describing how User information is collected, used, and protected, available on the Website.2.3. “ST8MNT LLC” refers to the legal entity operating the Website.2.4. “Third-Party Services” means external websites, platforms, or services linked to or integrated with the Website.2.5. “User” or “you” refers to any individual or entity accessing, browsing, or interacting with the Website.2.6. “User Submissions” refers to any information, inquiries, or materials submitted by Users through forms or communication channels on the Website, including personal information provided via the Contact Us form.2.7. “Website” refers to www.st8mntapps.com, including all pages, content, features, and services provided therein. 3. USE OF THE WEBSITE 3.1. License Grant: Subject to your compliance with these Terms, ST8MNT LLC grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Website for your personal or internal business purposes.3.2. Prohibited Activities: You agree not to: (a) Copy, reproduce, distribute, or modify any part of the Website without prior written consent; (b) Use the Website for any unlawful, fraudulent, or harmful purpose; (c) Attempt to gain unauthorized access to any portion of the Website, servers, or related systems; (d) Interfere with the Website’s functionality, security features, or other Users’ access; (e) Use automated tools (such as bots, spiders, or scrapers) to extract data without permission; (f) Misuse the Contact Us form by submitting false, misleading, or unlawful information.3.3. No Resale or Commercial Use: You may not use the Website or any Content for any commercial purpose without express written permission from ST8MNT LLC, including but not limited to resale, redistribution, or competitive analysis. 4. INTELLECTUAL PROPERTY RIGHTS 4.1. Ownership of Content: All Content is the exclusive property of ST8MNT LLC or its licensors and are protected by applicable intellectual property laws, including copyright, trademark, and trade secret laws.4.2. Limited License: You are granted a limited, non-exclusive, non-transferable, and revocable license to view and use the Content solely for personal, informational purposes. You may not copy, reproduce, distribute, modify, or create derivative works based on the Content without prior written permission from ST8MNT LLC.4.3. Trademarks: All trademarks, service marks, logos, and trade names displayed on the Website are the property of ST8MNT LLC or third parties. Unauthorized use of any trademarks or logos without prior written consent is strictly prohibited.4.4. No Implied Rights: Except for the limited rights expressly granted herein, nothing in these Terms or on the Website shall be construed as granting any license or right under any intellectual property rights of ST8MNT LLC or any third party, whether by implication, estoppel, or otherwise.4.5. Enforcement: ST8MNT LLC fully enforces its intellectual property rights permitted by law. Unauthorized use of the Website Content may result in civil or criminal penalties. 5. CONTACT FORM AND USER SUBMISSIONS 5.1. Submission of Information: The Website provides a Contact Us form through which Users may submit inquiries, requests, or other information, including but not limited to name, email address, and message content. By submitting any information via the Website, you acknowledge and agree that all information provided is accurate, complete, and submitted voluntarily.5.2. Permitted Use of Submissions: By submitting information through the Contact Us form or any other communication channel on the Website, you grant ST8MNT LLC a non-exclusive, worldwide, royalty-free license to use such submissions solely for the purpose of responding to your inquiry, providing customer support, or improving our services. Your User Submissions will not be used for marketing purposes unless you explicitly consent.5.3. Prohibited Submissions: You are prohibited from submitting: (a) Any information that is false, misleading, defamatory, infringing, obscene, or unlawful; (b) Any confidential, proprietary, or sensitive information not intended for public disclosure; (c) Any content containing viruses, malware, or harmful code.5.4. No Obligation to Respond: While ST8MNT LLC makes reasonable efforts to respond to legitimate inquiries submitted via the Website, we are under no obligation to respond to every submission and shall not be held liable for failure to respond.5.5. Data Handling: All personal information submitted via the Contact Form is processed in accordance with our Privacy Policy, which governs how we collect, use, store, and safeguard your data. By submitting your information, you consent to the collection and use of your data as described in the Privacy Policy. 6. THIRD-PARTY LINKS 6.1. Links to External Websites: The Website may contain links to third-party websites, services, or resources that are not owned or controlled by ST8MNT LLC. These links are provided solely for convenience and informational purposes.6.2. No Endorsement: Inclusion of any third-party link does not imply any endorsement, sponsorship, or recommendation by ST8MNT LLC of the content, products, services, or practices of such third parties. You acknowledge that your access to and use of third-party websites is entirely at your own risk.6.3. Third-Party Terms and Privacy: Your use of third-party websites is subject to their respective terms of service and privacy policies. ST8MNT LLC is not responsible for the availability, accuracy, legality, or content of any third-party website, nor for any loss or damage that may arise from your interactions with such third-party services.6.4. Responsibility of User: It is your responsibility to review the applicable terms and policies of any third-party website you visit. You hereby release ST8MNT LLC from any liability arising from your use of or reliance on any third-party website or service.6.5. Artificial Intelligence Features (NAVIG8R): ST8MNT LLC may provide artificial intelligence–powered features (“AI Features”), including NAVIG8R, which assist users in generating draft content such as Statements of Work, Deliverables, and Change Orders.AI Features are provided for informational and drafting assistance purposes only. Outputs generated by AI Features may be incomplete, inaccurate, or not suitable for a particular use case.You acknowledge and agree that:(a) You are solely responsible for reviewing, validating, and approving all AI-generated content prior to use;(b) AI-generated content does not constitute legal, financial, or professional advice;(c) You will not rely solely on AI-generated outputs for business, contractual, or operational decisions.ST8MNT LLC does not engage in automated decision-making or profiling using AI Features. 7. DISCLAIMER OF WARRANTIES 7.1. Website Provided “As-Is”: The Website, including all content, features, and services made available therein, is provided on an “as-is” and “as-available” basis, without any warranties of any kind, whether express, implied, statutory, or otherwise. ST8MNT LLC expressly disclaims all warranties, including but not limited to: (a) Implied warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy; (b) Any warranties arising from course of dealing, usage, or trade practice.7.2. No Warranty of Accuracy or Availability: While ST8MNT LLC strives to ensure that the information on the Website is accurate, complete, and current, we make no representations or warranties regarding the accuracy, completeness, reliability, or availability of the Website content. Any reliance you place on such information is strictly at your own risk.7.3. No Warranty of Error-Free or Uninterrupted Access: ST8MNT LLC does not warrant that the Website will be uninterrupted, secure, error-free, or free of viruses or harmful components. We do not guarantee that any defects or errors will be corrected, nor that the Website will meet your specific needs or expectations.7.4. Third-Party Content and Services: ST8MNT LLC makes no warranties regarding any third-party services, content, or websites linked to or referenced on the Website. We are not responsible for third-party actions, omissions, products, or services.7.5. User Responsibility: You are solely responsible for taking appropriate precautions to protect yourself against any potential risks associated with accessing or using the Website, including implementing suitable data protection, antivirus, and backup measures.7.6. AI Disclaimer: Without limiting the foregoing, ST8MNT LLC disclaims any warranties related to outputs generated by artificial intelligence or automated systems, including NAVIG8R. 8. LIMITATION OF LIABILITY 8.1. Exclusion of Indirect and Consequential Damages: To the fullest extent permitted by applicable law, ST8MNT LLC and its affiliates, officers, directors, employees, agents, licensors, and service providers shall not be liable to you or any third party for any indirect, incidental, special, exemplary, punitive, or consequential damages. This includes, but is not limited to:Loss of profits or revenue;Loss of business opportunities or goodwill;Business interruption;Data loss, corruption, or unauthorized access;Computer failure or malfunction;Any other intangible losses arising out of or related to your access to or use of the Website.8.2. Limitation of Direct Liability: In no event shall the total cumulative liability of ST8MNT LLC, whether in contract, tort, negligence, strict liability, or otherwise, exceed one hundred dollars (USD $100) or the minimum amount permitted by law, whichever is greater, regardless of the cause of action or number of claims.8.3. Applicability of Limitations: The limitations of liability set forth in this section shall apply: (a) Even if we have been advised of the possibility of such damages; (b) Regardless of whether the alleged liability is based on contract, tort, negligence, strict liability, or any other legal or equitable theory; (c) To all claims arising out of or related to your use of or inability to use the Website, including reliance on any information obtained from the Website.8.4. No Liability for Third-Party Content and Services: ST8MNT LLC shall not be held liable for any content, products, or services provided by third-party websites linked to or referenced on the Website. Your use of any third-party services is at your own risk, and you hereby release ST8MNT LLC from all liability arising from such use.8.5. Jurisdictional Limitations: Some jurisdictions do not allow the exclusion or limitation of certain warranties or liability for consequential or incidental damages. In such jurisdictions, the limitations in this section shall apply to the maximum extent permitted by law.8.6. AI Limitation of Liability: To the fullest extent permitted by law, ST8MNT LLC shall not be liable for any damages arising from or related to the use of AI-generated content, including errors, omissions, or reliance on such content. 9. PRIVACY AND DATA COLLECTION 9.1. Commitment to Privacy: ST8MNT LLC is committed to safeguarding the privacy of Users who access and interact with the Website. Any personal information collected through the Website, including but not limited to name, email address, and message content submitted via the Contact Us form, is handled in accordance with our Privacy Policy. By using the Website or submitting information through any form, you expressly acknowledge and consent to the collection, processing, and use of your personal data as described in the Privacy Policy.9.2. Data Storage and Processing: You understand and agree that any information you submit through the Website may be stored and processed by ST8MNT LLC or its authorized service providers. This may include transmitting your information to servers located in jurisdictions that may not have data protection laws equivalent to those in your country of residence.9.3. Third-Party Data Sharing: ST8MNT LLC does not sell, rent, or trade personal information submitted through the Website to third parties for marketing purposes. However, we may share information with third-party service providers strictly as necessary to operate, maintain, or improve the Website, respond to inquiries, or comply with legal obligations.9.4. User Rights and Applicable Laws: Users are encouraged to review the Privacy Policy for comprehensive details regarding the type of information collected, how it is used, data retention periods, and the rights available to Users under applicable data protection laws, including but not limited to the California Consumer Privacy Act (CCPA) and the General Data Protection Regulation (GDPR), where applicable.9.5. Consent to Privacy Policy: By continuing to use the Website, you affirm that you have read, understood, and agreed to the Privacy Policy and that you provide consent for the processing of your personal information as outlined therein. 10. GOVERNING LAW 10.1. Applicable Law: These Terms, and any dispute, claim, or controversy arising out of or related to your access to or use of the Website, shall be governed by and construed in accordance with the laws of the State of California, United States of America, without regard to any conflicts of law principles that might otherwise require the application of laws of another jurisdiction.10.2. Jurisdiction and Venue: You agree that any legal action or proceeding related to these Terms or your use of the Website shall be brought exclusively in the state or federal courts located in San Francisco, California. By using the Website, you consent to the personal jurisdiction and venue of these courts and waive any objection based on inconvenient forum or lack of jurisdiction.10.3. Injunctive Relief: Notwithstanding the foregoing, ST8MNT LLC reserves the right to seek injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property rights, confidential information, or other proprietary interests.10.4. Compliance with Local Laws: If you access the Website from outside the United States, you are solely responsible for compliance with all local laws and regulations applicable in your jurisdiction, and you acknowledge that you do so at your own risk. 11. CHANGES TO TERMS 11.1. Right to Modify Terms: ST8MNT LLC reserves the right, at its sole discretion, to update, modify, or replace these Terms at any time without prior notice. Any such changes will be effective immediately upon posting the updated Terms on the Website, with the “Last Updated” date reflecting the revision date.11.2. Responsibility to Review: It is your responsibility to review these Terms periodically to stay informed of any modifications. Your continued access to or use of the Website after any changes constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must discontinue your use of the Website immediately.11.3. Notice of Material Changes: ST8MNT LLC may, at its discretion, provide notice of material changes to these Terms via email or a prominent notification on the Website; however, such notice is provided as a courtesy and is not a legal obligation beyond posting the updated Terms. 12. ACCEPTABLE USE POLICY 12.1. Compliance Requirement: By accessing or using the Website, you agree to comply with all applicable laws, regulations, and these Terms. You must use the Website in a manner consistent with its intended purpose and lawful conduct.12.2. Prohibited Conduct: You are strictly prohibited from engaging in any of the following activities: (a) Attempting to gain unauthorized access to any portion of the Website, servers, or systems; (b) Introducing viruses, malware, or any harmful code that may damage, interfere with, or disrupt the Website or its users; (c) Engaging in activities that may overload, harm, or impair the functionality or security of the Website; (d) Using the Website to transmit spam, unsolicited communications, or promotional materials without authorization; (e) Submitting false, misleading, defamatory, or unlawful content via the Contact Us form or any communication channel on the Website; (f) Attempting to reverse engineer, modify, or tamper with any aspect of the Website's underlying software or code; (g) Harassing, abusing, or harming other users or representatives of ST8MNT LLC.12.3. Enforcement and Remedies: ST8MNT LLC reserves the right, at its sole discretion, to suspend or terminate your access to the Website without notice if you engage in any prohibited conduct. Additionally, ST8MNT LLC may pursue any legal remedies available to address violations, including cooperation with law enforcement authorities where necessary.12.4. AI Input Responsibility: You represent and warrant that you have the necessary rights and permissions to submit any data or content into ST8MNT LLC services, including AI Features, and that such submission does not violate confidentiality, privacy, or contractual obligations. 13. TERMINATION OF ACCESS 13.1. Right to Suspend or Terminate Access: ST8MNT LLC reserves the right, at its sole discretion, to suspend, restrict, or permanently terminate your access to the Website at any time and without prior notice if we determine that you have violated these Terms, engaged in prohibited conduct, or posed a risk to the security or integrity of the Website.13.2. No Liability for Termination: ST8MNT LLC shall not be liable to you or any third party for any suspension or termination of access, nor for any resulting loss of information, data, or access to services.13.3. Survival of Certain Provisions: Upon termination of your access, the provisions of these Terms that by their nature should survive—including but not limited to those relating to intellectual property rights, limitation of liability, indemnification, governing law, and dispute resolution—shall continue in full force and effect. 14. SEVERABILITY 14.1. If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be severed from the Terms without affecting the validity and enforceability of the remaining provisions.14.2. The remaining provisions shall remain in full force and effect, and the unenforceable provision shall be replaced with a valid, enforceable provision that most closely reflects the original intent of the parties. 15. NO WAIVER 15.1. The failure of ST8MNT LLC to exercise or enforce any right, provision, or remedy under these Terms shall not constitute a waiver of such right or provision, nor shall it prevent or limit ST8MNT LLC’s ability to enforce the same in the future.15.2. Any waiver of any provision of these Terms must be in writing and signed by an authorized representative of ST8MNT LLC. A single waiver shall not constitute a continuing waiver of any subsequent breach or default. 16. MISCELLANEOUS 16.1. Headings: The section and subsection titles used in these Terms are provided for convenience and reference purposes only. They shall not affect the interpretation or construction of any provision herein.16.2. Entire Agreement: These Terms constitute the entire agreement between you and ST8MNT LLC regarding your access to and use of the Website. They supersede any prior or contemporaneous understandings, communications, or agreements, whether oral or written, relating to the subject matter contained herein. 17. CONTACT US If you have any questions, concerns, or inquiries regarding these Terms or the Website, you may contact ST8MNT LLC by email at st8mntapps@gmail.com. Alternatively, you may submit inquiries directly through the Contact Us form available on the Website, where you will be asked to provide your first name, last name, email address, and message. By submitting a message through the form, you acknowledge that ST8MNT LLC may use the information provided solely for the purpose of responding to your inquiry.Version 1.0 March 2025
1. INTRODUCTION At ST8MNT LLC (“ST8MNT LLC,” “we,” “us,” or “our”), we are committed to respecting and protecting your privacy. This Privacy Policy explains how we collect, use, disclose, and safeguard the personal information you provide to us when you interact with our website (www.st8mntapps.com), submit information through our Contact Us form, or engage with any of our services. This Policy applies to all visitors to our website, prospective customers, and users who submit inquiries or data through our platform. It outlines our practices concerning the types of information we collect, how we use and protect that information, and the rights you have regarding your personal data. We understand the importance of privacy and data protection, particularly in the digital space. Our privacy practices are designed to comply with applicable data protection laws, including but not limited to the California Consumer Privacy Act (CCPA), the General Data Protection Regulation (GDPR), and any other relevant laws governing the collection and use of personal data. By accessing or using our website, submitting your personal information, or otherwise interacting with ST8MNT LLC, you acknowledge that you have read, understood, and agreed to the terms outlined in this Privacy Policy. If you do not agree with our policies and practices, you should refrain from using our Website or providing personal information. We encourage you to review this Privacy Policy carefully. If you have any questions or concerns about how we handle your information, please contact us at st8mntapps@gmail.com or use the Contact Us form available on our Website. 2. DEFINITIONS For the purposes of this Privacy Policy: 2.1. “Applicable Laws” refers to data protection laws and regulations governing the collection, use, and processing of personal data, including but not limited to the California Consumer Privacy Act (CCPA) and the General Data Protection Regulation (GDPR).2.2. “Contact Us form” refers to the online form available on the Website where users may submit inquiries, including personal details such as name, email, and message.2.3. “Personal Information” means any information that identifies, relates to, or could reasonably be linked, directly or indirectly, to an individual, including but not limited to name, email address, and any message content submitted through the Website.2.4. “ST8MNT LLC” means the legal entity operating the website and providing services.2.5. “Third-Party Services” refers to external platforms or service providers that may be integrated with or referenced by the Website, such as Salesforce, Slack, Stripe, or any other service providers.2.6. “User” or “you” refers to any individual or entity accessing, browsing, submitting information, or interacting with the Website.2.7. “Website” refers to www.st8mntapps.com, including all its pages, features, content, and services. 3. INFORMATION WE COLLECT 3.1. Information You Provide Directly: When you interact with our Website, particularly through the Contact Us form, we collect the personal information you voluntarily submit. This includes, but is not limited to, your first name, last name, email address, and any message or content you include in your inquiry. You may also choose to provide additional information when communicating with us through other channels such as email.3.2. Information Collected Automatically: When you access or use our Website, certain information is collected automatically by our servers or service providers. This may include your Internet Protocol (IP) address, browser type and version, device identifiers, operating system, referring website, pages you visit, and the dates and times of your visits. This information helps us understand how visitors interact with the Website, improve functionality, and maintain security.3.3. Information from Third-Party Services: In certain cases, the Website or ST8MNT services may integrate with or utilize third-party platforms such as Salesforce, Slack, Stripe, or Salesforce AI. While personal information processed within these third-party services is typically handled in accordance with their respective privacy policies, certain necessary information may be accessed or processed to facilitate integration or support functionality. You are encouraged to review the privacy practices of these third-party providers separately.3.4. Cookies and Tracking Technologies: At present, ST8MNT LLC does not employ cookies or other tracking technologies on the Website specifically designed to collect personal data for analytics or advertising purposes. Should such technologies be implemented in the future, this Privacy Policy will be updated accordingly, and appropriate consent mechanisms will be provided to users as required by applicable laws.3.5. Information You Submit on Behalf of Others: If you provide information about other individuals (such as submitting another person’s contact details), you represent that you have the necessary authority and consent to provide such information and that ST8MNT LLC may process it in accordance with this Privacy Policy.3.6. Artificial Intelligence Features: ST8MNT LLC may provide artificial intelligence–powered features, including NAVIG8R, which assist users in drafting and generating content within supported platforms such as Salesforce.These features process information provided by users (such as text inputs and related context) solely to generate suggested outputs. ST8MNT LLC does not use customer data submitted through these features to train or improve underlying AI models, except as explicitly agreed in writing.AI-generated outputs are provided for assistance purposes only and may contain inaccuracies. Users are responsible for reviewing and validating all generated content prior to use.ST8MNT LLC does not engage in automated decision-making or profiling using artificial intelligence. 4. HOW WE USE YOUR INFORMATION 4.1. Responding to Inquiries: We use the Personal Information you submit through the Contact Us form to respond to your inquiries, provide customer support, and communicate with you about the information or services you request.4.2. Operating and Maintaining the Website: Your Personal Information helps us to operate, maintain, and improve the functionality, security, and overall user experience of the Website. Automatically collected data assists in diagnosing technical issues, monitoring website performance, and preventing misuse or unauthorized access.4.3. Providing and Supporting Services: Where applicable, your information may be used to facilitate integration with third-party services, such as Salesforce, Slack, Stripe, and related platforms, ensuring smooth operation and support for any services offered.4.4. Compliance with Legal Obligations: We may process and disclose your Personal Information to comply with legal or regulatory obligations, such as responding to lawful requests, court orders, or government authorities, or to protect the rights, property, or safety of ST8MNT LLC, our users, or others.4.5. Business Operations and Improvements: We may analyze aggregated, non-personally identifiable data to understand usage trends, improve our services, and develop new features, provided such analysis does not identify you personally.4.6. Protection of Rights and Interests: We may use your Personal Information as necessary to enforce our Terms of Service, protect the integrity and security of the Website, or prevent fraud, unauthorized access, or other unlawful activities. 5. SHARING OF INFORMATION 5.1. No Sale of Personal Information: ST8MNT LLC does not sell, rent, or trade your Personal Information to third parties for marketing or commercial purposes. We are committed to safeguarding your privacy and limiting data sharing to purposes necessary for delivering our services and complying with legal requirements.5.2. Service Providers and Partners: We may share your Personal Information with trusted third-party service providers who perform functions on our behalf, such as website hosting, technical support, and Salesforce-related integrations. These service providers are contractually obligated to handle your Personal Information securely, confidentially, and only for the purposes for which it was disclosed.5.3. Third-Party Integrations: Where applicable, ST8MNT LLC may facilitate integrations with third-party platforms such as Salesforce, Slack, Stripe, or Salesforce AI to provide enhanced services. While Personal Information processed through these integrations is primarily handled within those platforms, certain Personal Information may be accessed to enable functionality and support. You are encouraged to review the privacy policies of these third-party providers separately, as ST8MNT LLC does not control their data handling practices.5.4. Legal Compliance and Protection: We may disclose Personal Information if required to do so by law, regulation, or legal process, or if we believe disclosure is necessary to:Comply with a legal obligation, subpoena, or government request.Protect the rights, property, or safety of ST8MNT LLC, our customers, Users, or the public.Enforce our Terms of Service or other contractual agreements.Prevent fraud, security incidents, or other unlawful activities.5.5. Business Transfers: In the event of a merger, acquisition, sale of assets, or similar corporate transaction, your Personal Information may be transferred as part of the business assets. We will take reasonable steps to ensure that the receiving party respects your privacy in accordance with this Privacy Policy. 6. THIRD-PARTY LINKS AND SERVICES 6.1. Links to External Websites: The Website may contain links to external websites or services operated by third parties that are not under the control of ST8MNT LLC. These links are provided solely for your convenience and informational purposes. ST8MNT LLC does not endorse, guarantee, or assume responsibility for the content, privacy practices, or policies of any third-party websites or services linked from the Website.6.2. No Responsibility for Third-Party Practices: You acknowledge that ST8MNT LLC is not responsible for the privacy or data handling practices of any third-party websites or services. Your use of such third-party platforms is at your own risk and subject to the terms and privacy policies of the respective providers. We strongly encourage you to review the privacy policies and terms of any third-party services you access through links provided on our Website.6.3. Third-Party Integrations: Where applicable, certain services offered by ST8MNT LLC may integrate or interface with third-party platforms, including but not limited to Salesforce, Slack, Stripe, or Salesforce AI. Any information shared or processed through these integrations is governed by the respective third-party providers’ privacy policies. ST8MNT LLC disclaims responsibility for the privacy and security practices of such providers and recommends reviewing their policies independently. 7. DATA RETENTION 7.1. Retention of Personal Information: ST8MNT LLC retains your Personal Information for as long as necessary to fulfill the purposes outlined in this Privacy Policy, including responding to inquiries, maintaining records for legitimate business needs, complying with legal obligations, and enforcing our agreements.7.2. Retention Period Determination: The specific duration for retaining your Personal Information depends on the type of data collected and the context of its collection. Factors influencing retention include the nature of the inquiry, applicable legal and regulatory requirements, and ST8MNT LLC’s operational needs. Unless otherwise required by applicable law, we typically retain inquiry records for a period of 2 years following resolution of your request, after which the data will be securely deleted or anonymized7.3. Data Deletion Requests: You have the right to request the deletion of your Personal Information, subject to certain exceptions required by law or legitimate business interests. To exercise this right, please contact us using the contact details provided in this Privacy Policy.7.4. Deletion of Data After Purpose Fulfillment: Once your Personal Information is no longer necessary for the purposes for which it was collected, and there is no legal or contractual obligation to retain it, ST8MNT LLC will securely delete or anonymize your data in accordance with applicable laws and industry best practices. 8. DATA SECURITY 8.1. Commitment to Safeguarding Information: ST8MNT LLC is committed to protecting the Personal Information you submit through the Website. We implement appropriate administrative, technical, and organizational measures designed to safeguard your Personal Information against unauthorized access, disclosure, alteration, or destruction.8.2. Security Measures Implemented: Security measures include encryption protocols, secure server environments, access controls, and routine system monitoring. We continually assess and update our security practices to align with industry standards and evolving threats.8.3. Salesforce Infrastructure Compliance: For services integrated with Salesforce, your data benefits from Salesforce’s security framework, which includes certifications such as SOC 2, ISO 27001, and adherence to privacy standards. ST8MNT LLC relies on Salesforce’s infrastructure security and compliance certifications when processing data within their environment.8.4. User Responsibility for Security: While we take reasonable steps to secure your information, no system is entirely immune to risk. You are responsible for maintaining the confidentiality of any communication you submit and for ensuring that any devices used to access our Website are secured against unauthorized access. 9. YOUR RIGHTS AND CHOICES 9.1. Overview of Data Subject Rights: ST8MNT LLC respects your rights under applicable data protection laws, including the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA). Depending on your location and applicable law, you may have specific rights regarding the Personal Information we collect and process.9.2. Rights Under GDPR: If you are in the European Economic Area (EEA) or the United Kingdom, you are entitled to the following rights:Right of Access: You have the right to request confirmation of whether we process your Personal Information and access to that information.Right to Rectification: You may request that we correct inaccurate or incomplete Personal Information.Right to Erasure ("Right to be Forgotten"): You may request the deletion of your Personal Information, subject to legal or contractual retention obligations.Right to Restriction of Processing: You may request that we restrict the processing of your Personal Information under certain circumstances.Right to Data Portability: You may request to receive a copy of your Personal Information in a commonly used, machine-readable format and transfer it to another service provider.Right to Object: You have the right to object to processing based on legitimate interests or direct marketing purposes.Right to Withdraw Consent: Where processing is based on your consent, you have the right to withdraw consent at any time without affecting the lawfulness of prior processing.9.3. Rights Under CCPA: If you are a California resident, the following rights apply:Right to Know: You may request disclosure of the categories and specific pieces of Personal Information we have collected, used, disclosed, or sold (though ST8MNT LLC does not sell personal data).Right to Delete: You may request the deletion of your Personal Information collected by us, subject to certain exceptions permitted by law.Right to Opt-Out of Sale: ST8MNT LLC does not sell your Personal Information; however, if this change, you will have the right to opt-out.Right to Non-Discrimination: You have the right to exercise your privacy rights without receiving discriminatory treatment.9.4. How to Exercise Your Rights: To exercise any of the rights outlined above, you may submit a verifiable request by contacting us at st8mntapps@gmail.com or through the Contact Us form on our Website. To protect your privacy and maintain security, we may require you to verify your identity before fulfilling your request.9.5. Response Time and Process: We aim to respond to all valid requests within thirty (30) days, unless applicable law permits or requires a different timeframe. In some cases, particularly complex requests or multiple simultaneous requests, we may require additional time. If an extension is necessary, we will notify you promptly.9.6. Authorized Agent (California Residents Only): If you are a California resident, you may designate an authorized agent to submit a request on your behalf. Proof of authorization may be required before processing the request. 10. INTERNATIONAL DATA TRANSFERS 10.1. Data Processing Location: ST8MNT LLC is based in the United States, and the personal information we collect through the Website is processed and stored primarily in the United States. By accessing or using the Website, you acknowledge and agree that your Personal Information may be transferred to and processed in jurisdictions outside your country of residence.10.2. Compliance with Data Transfer Laws (GDPR): For Users located in the European Economic Area (EEA) or the United Kingdom, we ensure that appropriate safeguards are in place when transferring personal information outside the EEA or UK, in accordance with the General Data Protection Regulation (GDPR). This may include the use of Standard Contractual Clauses (SCCs) approved by the European Commission, reliance on Salesforce’s certifications and compliance frameworks, or obtaining your explicit consent where necessary.10.3. Transfers to Third-Party Providers: Personal Information may also be transferred to trusted third-party service providers located in jurisdictions outside of your country, including but not limited to the United States, for purposes such as hosting, technical support, and integration with platforms like Salesforce, Slack, and Stripe. These service providers are contractually obligated to handle your Personal Information securely and in compliance with applicable data protection laws.10.4. User Acknowledgment: By using the Website and providing your personal information, you expressly consent to the transfer, processing, and storage of your Personal Information in jurisdictions outside of your residence, including countries that may have different data protection standards. 11. CHILDREN’S PRIVACY 11.1. No Intentional Collection of Children’s Data: ST8MNT LLC does not knowingly collect, solicit, or process Personal Information from individuals under the age of sixteen (16). Our Website and services are intended for use by individuals who are at least sixteen years of age or older. We do not intentionally market, target, or provide services to minors.11.2. Parental Consent Requirement: If you are a parent or guardian and believe that your child under the age of sixteen has submitted Personal Information to us without your consent, please contact us immediately at st8mntapps@gmail.com. Upon becoming aware of such submissions, we will promptly take steps to delete the Personal Information and ensure compliance with applicable child protection laws.11.3. Compliance with Applicable Laws: ST8MNT LLC complies with applicable child privacy protection regulations, including but not limited to the Children’s Online Privacy Protection Act (COPPA) and relevant international laws, ensuring that minors' Personal Information is not knowingly collected or processed without appropriate consent. 12. CHANGES TO THIS PRIVACY POLICY 12.1. Right to Modify Policy: ST8MNT LLC reserves the right to update, modify, or revise this Privacy Policy at any time to reflect changes in our practices, legal obligations, or the scope of our services. Any updates will be effective immediately upon posting the revised policy on the Website, with the “Last Updated” date clearly indicated.12.2. Responsibility to Review: It is your responsibility to review this Privacy Policy periodically to stay informed of any modifications. Continued use of the Website or services after any changes are posted constitutes your acceptance of the updated policy.12.3. Notification of Material Changes: Where required by applicable law, ST8MNT LLC may provide additional notice of material changes, such as via email or prominent notice on the Website but is not obligated to do so beyond the posting of the revised Privacy Policy. 13. CONTACT INFORMATION 13.1. How to Contact Us: If you have any questions, concerns, or requests regarding this Privacy Policy, the handling of your Personal Information, or your data rights under applicable laws, you may contact ST8MNT LLC directly using the following methods:Email: st8mntapps@gmail.comWebsite Contact Us form: Available via the “Contact Us” page on www.st8mntapps.com.13.2. Request Submissions: For exercising your rights under data protection laws (such as access, deletion, or correction requests), please submit a verifiable request through the email address or contact form listed above. To ensure the security of your data, we may require you to verify your identity before processing your request. 14. DATA PROTECTION CONTACT ST8MNT LLC is committed to ensuring the responsible handling and protection of your Personal Information. While we are not currently required by applicable law to appoint a formal Data Protection Officer, any inquiries, concerns, or requests related to the processing of your Personal Information or this Privacy Policy may be directed to the contact details provided below:Email: st8mntapps@gmail.comContact Us form: Available via the “Contact Us” page on www.st8mntapps.com. 15. DO NOT TRACK SIGNALSSome web browsers offer a “Do Not Track” (DNT) feature, which signals to websites that you do not wish to have your online activities tracked. Currently, ST8MNT LLC does not respond to DNT signals or similar mechanisms. This is due to the lack of a consistent industry standard governing how DNT signals should be interpreted. We will continue to monitor developments in this area and may update our practices and this Privacy Policy as appropriate.Version 1.0 March 2025
INTRODUCTIONThis Data Processing Agreement (“DPA”) is entered into by and between ST8MNT LLC, a California limited liability company (“Processor” or “ST8MNT”), and the Customer identified in the main subscription agreement (“Controller” or “Customer”) (together, the “Parties”). This DPA forms an integral part of the main SaaS Subscription Agreement or Terms of Service governing the use of ST8MNT’s products and services (the “Principal Agreement”).The purpose of this DPA is to set forth the Parties’ respective obligations regarding the Processing of Personal Data in compliance with applicable data protection laws, including but not limited to the California Consumer Privacy Act of 2018, the General Data Protection Regulation, the UK GDPR, and any other data protection regulations applicable to the processing of Customer’s Personal Data.ST8MNT LLC acts as a Data Processor on behalf of the Customer, the Data Controller, and processes Personal Data strictly in accordance with the Customer’s documented instructions, subject to the terms outlined herein. This DPA reflects the Parties’ commitment to ensuring the confidentiality, security, and lawful handling of all Personal Data processed under the Principal Agreement, including data transferred to and from third-party integrations such as Salesforce, Slack, Stripe, and Salesforce AI as part of the services provided.This DPA shall remain in effect for the duration of the Principal Agreement and any applicable renewal terms and shall survive termination to the extent necessary to fulfill obligations related to Personal Data processing.DEFINITIONSFor the purposes of this DPA, the following terms shall have the meanings set forth below. Capitalized terms not otherwise defined herein shall have the meanings assigned to them in the Principal Agreement.2.1. “Applicable Data Protection Laws” means all applicable privacy and data protection laws and regulations, including but not limited to the General Data Protection Regulation, the UK GDPR, the California Consumer Privacy Act of 2018, and any legislation or regulation amending, supplementing, or replacing the foregoing.2.2. “Controller” means the Customer who determines the purposes and means of the Processing of Personal Data and on whose behalf ST8MNT LLC processes such Personal Data.2.3. “Data Breach” means any actual or suspected unauthorized access, loss, alteration, disclosure, or destruction of Personal Data.2.4. “Data Subject” means any identified or identifiable natural person to whom the Personal Data relates.2.5. “Personal Data” means any information relating to an identified or identifiable Data Subject that is processed by ST8MNT LLC on behalf of the Customer under the Principal Agreement, including data submitted or transmitted via ST8MNT Apps, Salesforce, Slack, Stripe, or other integrated services. Personal Data includes AI-generated content to the extent such content contains or reflects information relating to an identified or identifiable Data Subject.2.6. “Processing” means any operation or set of operations performed on Personal Data, whether or not by automated means, including collection, recording, storage, use, access, disclosure, transmission, deletion, or destruction.2.7. “Processor” means ST8MNT LLC, which processes Personal Data on behalf of the Controller in accordance with the Controller’s instructions under this DPA.2.8. “Standard Contractual Clauses” means the standard data protection clauses adopted by the European Commission or other competent authority for the lawful transfer of Personal Data outside the EEA or UK.2.9. “Sub-Processor” means any third party engaged by ST8MNT LLC to process Personal Data on its behalf in connection with the services provided to the Customer.SCOPE AND ROLES3.1. Roles of the Parties: For the purposes of this DPA, the Customer acts as the Data Controller, determining the purposes and means of the processing of Personal Data. ST8MNT LLC acts as the Data Processor, processing Personal Data on behalf of the Customer solely as instructed and in accordance with this DPA and the Principal Agreement.3.2. Processing Activities Covered: This DPA applies to all Personal Data processed by ST8MNT LLC on behalf of the Customer while providing the services described in the Principal Agreement, including but not limited to management of Statements of Work, contract workflows and project tracking, integrations with third-party services such as Salesforce, Slack, Stripe, and Salesforce AI, and any other features or functionalities of the ST8MNT Apps utilized by the Customer.3.3. No Independent Processing Rights: ST8MNT LLC shall process Personal Data solely for the purpose of delivering the services to the Customer, and shall not use, disclose, or process such Personal Data for any other purpose, including for its own benefit, without the prior written authorization of the Customer, unless otherwise required by applicable law.3.4. Automated Decision-Making: ST8MNT apps, including features such as NAVIG8R, may utilize automated processing or artificial intelligence to generate suggested content or structured outputs. Such functionality is limited to drafting assistance and does not constitute automated decision-making that produces legal or similarly significant effects within the meaning of Article 22 of the GDPR.3.5. Automated Profiling: ST8MNT LLC does not engage in automated profiling of Data Subjects and does not carry out automated decision-making that produces legal or similarly significant effects within the meaning of Article 22 of the GDPR.CATEGORIES OF PERSONAL DATA AND DATA SUBJECTS4.1. Categories of Personal Data Processed: ST8MNT LLC may process the following categories of Personal Data on behalf of the Customer in connection with the services provided: contact details, such as names, email addresses, and phone numbers; user credentials and account identifiers; Salesforce account-related information; communication records, such as messages or comments within integrated platforms; payment-related identifiers processed via third-party services like Stripe, with no direct payment data stored by ST8MNT LLC; and any additional Personal Data submitted by the Customer’s authorized Users through the ST8MNT Apps, subject to the Customer’s configuration and usage.4.2. Categories of Data Subjects: The categories of Data Subjects whose Personal Data may be processed include the Customer’s employees, contractors, and representatives authorized to use the ST8MNT Apps; end users or clients of the Customer, where applicable and permitted under Customer’s use; and any individuals whose data is included by the Customer in its use of ST8MNT Apps and integrated services.4.3. Sensitive Personal Data: ST8MNT LLC does not intentionally collect or process Sensitive Personal Data, as defined under Applicable Data Protection Laws, such as data concerning health, racial or ethnic origin, political opinions, or religious beliefs. Any submission of such data by the Customer or its Users is solely at their discretion and responsibility.PURPOSE AND DURATION OF PROCESSING5.1. Purpose of Processing: The purpose of the processing of Personal Data by ST8MNT LLC is strictly limited to the provision of services under the Principal Agreement. This includes managing Statement of Work workflows, facilitating contract execution, enabling project tracking, supporting integrations with third-party platforms such as Salesforce, Slack, Stripe, and Salesforce AI, and any related technical or operational support required to deliver and maintain these services.ST8MNT LLC shall process Personal Data solely in accordance with the documented instructions of the Customer, except where required by applicable law, in which case ST8MNT LLC will notify the Customer unless such notification is prohibited by law.5.2. Duration of Processing: ST8MNT LLC will process Personal Data for the duration of the Principal Agreement, including any renewal terms, unless otherwise agreed in writing or required by applicable law. Upon termination or expiration of the Principal Agreement, ST8MNT LLC shall cease processing Personal Data and will, at the Customer’s choice and written instruction, delete or return all Personal Data, except where retention is required by law or necessary to comply with legal obligations. Data retention timelines and procedures are further detailed in Section 13 of this DPA.OBLIGATIONS OF DATA PROCESSOR (ST8MNT LLC)6.1. Processing Under Instructions: ST8MNT LLC agrees to process Personal Data solely on behalf of the Customer and in strict accordance with the Customer’s documented instructions, as set forth in this DPA, the Principal Agreement, or as otherwise provided in writing by the Customer. ST8MNT LLC shall not process Personal Data for its own purposes or for any purposes other than providing the contracted services, unless required by applicable law, in which case it will notify the Customer before such processing unless prohibited by law.6.2. Compliance with Applicable Laws: ST8MNT LLC shall comply with all Applicable Data Protection Laws in its role as Data Processor, including but not limited to the GDPR, UK GDPR, CCPA, and other relevant privacy regulations.6.3. Confidentiality of Processing Personnel: ST8MNT LLC shall ensure that all personnel, contractors, or agents authorized to process Personal Data are bound by confidentiality obligations no less protective than those set forth in this DPA. Such obligations shall survive the termination of their engagement.6.4. Technical and Organizational Security Measures: ST8MNT LLC shall implement and maintain appropriate technical and organizational measures to protect Personal Data against unauthorized access, accidental loss, destruction, alteration, disclosure, or unlawful processing. These measures include encryption protocols, access controls, security monitoring, and compliance with industry standards.Given that ST8MNT Apps reside entirely on the Salesforce Platform, ST8MNT LLC also leverages Salesforce’s robust security infrastructure and certifications, which include but are not limited to SOC 2 Type II, ISO 27001, and PCI DSS. Salesforce’s security measures cover the underlying hosting, data storage, and platform-level services utilized by ST8MNT LLC. ST8MNT LLC shall make available Salesforce’s relevant certifications and compliance documentation upon request.6.5. Assistance with Data Subject Rights: ST8MNT LLC shall, to the extent reasonably possible and considering the nature of the processing and technical limitations, assist the Customer in fulfilling its obligations to respond to Data Subject requests under Applicable Data Protection Laws. This includes requests for access, rectification, erasure, restriction, portability, or objection to processing.6.6. Data Protection Impact Assessments and Prior Consultations: Upon written request and where required by law, ST8MNT LLC shall provide reasonable assistance to the Customer in conducting data protection impact assessments and prior consultations with supervisory authorities.6.7. Record-Keeping and Documentation: ST8MNT LLC shall maintain appropriate records of processing activities carried out on behalf of the Customer and shall make such records available upon reasonable request to demonstrate compliance with this DPA.6.8. AI Processing Restrictions: ST8MNT LLC does not use Personal Data processed under this DPA to train, retrain, or improve generalized artificial intelligence or machine learning models for its own independent purposes. Any AI-assisted functionality operates within the Customer’s Salesforce environment and processes Personal Data solely in accordance with the Customer’s instructions.OBLIGATIONS OF DATA CONTROLLER (CUSTOMER)7.1. Lawful Basis for Processing: The Customer represents and warrants that it has established a valid legal basis for the collection, use, and transfer of Personal Data processed by ST8MNT LLC. The Customer is solely responsible for ensuring that all necessary consents, authorizations, or other lawful grounds exist prior to transferring any Personal Data to ST8MNT LLC for processing.7.2. Data Accuracy and Minimization: The Customer shall ensure that all Personal Data shared with ST8MNT LLC is accurate, complete, and limited to what is necessary for the purposes outlined in the Principal Agreement and this DPA.7.3. Instructions for Processing: The Customer shall provide clear, lawful, and documented instructions regarding the processing of Personal Data. The Customer remains solely responsible for ensuring that its instructions comply with all Applicable Data Protection Laws.7.4. Data Subject Requests: The Customer acknowledges that it is primarily responsible for handling requests from Data Subjects concerning their Personal Data. ST8MNT LLC shall reasonably assist the Customer in responding to such requests in accordance with Section 6.5.7.5. Compliance with Laws: The Customer agrees to comply with all Applicable Data Protection Laws, including its obligations as a Data Controller relating to data security, notification of data breaches, and the rights of Data Subjects.SUB-PROCESSORS8.1. Authorized Sub-Processors: The Customer acknowledges and agrees that ST8MNT LLC may engage certain third-party service providers, or “Sub-Processors,” to process Personal Data on its behalf as necessary to provide the services. Current authorized Sub-Processors may include, but are not limited to, Salesforce for platform infrastructure, Slack for communication integration, Stripe for payment processing, and hosting providers and other cloud service providers.A full list of Sub-Processors, including their locations and services provided, is maintained in Annex 2 of this DPA.8.2. Sub-Processor Obligations: ST8MNT LLC shall enter into a written agreement with each Sub-Processor that imposes data protection obligations substantially similar to those set forth in this DPA, ensuring that Sub-Processors provide an adequate level of data protection.8.3. Notification of Changes to Sub-Processors: ST8MNT LLC shall notify the Customer in advance of any intended changes to the list of Sub-Processors, providing the Customer with the opportunity to object to the engagement of new Sub-Processors on reasonable grounds related to data protection.8.4. Right to Object: If the Customer objects to a new Sub-Processor and ST8MNT LLC is unable to provide the services without engaging such Sub-Processor, either party may terminate the affected portion of the services upon thirty days’ written notice without penalty.8.5. Liability for Sub-Processors: ST8MNT LLC remains fully liable to the Customer for the performance of its Sub-Processors’ obligations under this DPA.DATA TRANSFERS9.1. Location of Processing: ST8MNT LLC processes all Personal Data within the Salesforce Platform infrastructure. The Customer acknowledges and agrees that all Personal Data submitted through ST8MNT Apps is hosted and stored by Salesforce, which operates data centers located in the United States and other jurisdictions globally.9.2. Compliance with International Transfer Requirements: Salesforce has implemented recognized data transfer mechanisms, including certification under applicable frameworks, such as Binding Corporate Rules, and adherence to the Standard Contractual Clauses approved by the European Commission, ensuring lawful transfer of Personal Data outside the European Economic Area, the United Kingdom, and other applicable jurisdictions.ST8MNT LLC relies on Salesforce’s established compliance infrastructure and contractual commitments to safeguard Personal Data transferred to or processed in jurisdictions outside the Customer’s country.9.3. Customer Instructions for Transfers: ST8MNT LLC will process and transfer Personal Data strictly within the Salesforce Platform, and only as necessary to provide services under the Principal Agreement, in compliance with the Customer’s documented instructions and Applicable Data Protection Laws.9.4. Cooperation on Transfer Impact Assessments: Upon reasonable request, ST8MNT LLC shall provide the Customer with relevant information regarding Salesforce’s data transfer mechanisms and assist in completing any required Transfer Impact Assessments related to cross-border data transfers.9.5. Ongoing Compliance Monitoring: ST8MNT LLC shall monitor developments in applicable data protection laws and implement changes to its transfer mechanisms, including updates to Standard Contractual Clauses or other legal instruments, to ensure continued compliance.DATA SECURITY MEASURES10.1. Implementation of Security Measures: ST8MNT LLC shall implement and maintain appropriate technical and organizational measures designed to protect Personal Data against unauthorized access, accidental or unlawful destruction, loss, alteration, disclosure, or misuse. These measures shall be consistent with industry standards and include, but are not limited to: (a) Encryption of Personal Data both in transit and at rest; (b) Access controls based on the principle of least privilege; (c) Secure software development practices and vulnerability management; (d) Regular security monitoring and intrusion detection; (e) Multi-factor authentication for administrative access.10.2. Compliance with Certifications: ST8MNT LLC shall ensure its systems and processes adhere to recognized security frameworks, such as ISO 27001, SOC 2 Type II, or equivalent, particularly where integrated with third-party platforms like Salesforce and Stripe.10.3. Personnel Security: ST8MNT LLC shall ensure that all personnel authorized to process Personal Data are subject to appropriate confidentiality obligations and receive regular security and privacy training.10.4. Physical Security: ST8MNT LLC shall maintain appropriate physical security controls to prevent unauthorized access to facilities housing systems used to process Personal Data.10.5. Security Assessments and Testing: ST8MNT LLC shall regularly assess, test, and improve the effectiveness of its technical and organizational security measures, including penetration testing and security audits.10.6. Cooperation with Customer Security Requirements: Upon reasonable request, ST8MNT LLC shall provide the Customer with relevant documentation or summaries of security certifications and assessments to demonstrate compliance with this Section.DATA BREACH NOTIFICATION11.1. Notification of Data Breach: ST8MNT LLC shall promptly and without undue delay notify the Customer upon becoming aware of any actual or suspected Personal Data Breach. Such notification shall include all available information reasonably necessary for the Customer to meet its legal obligations under applicable Data Protection Laws, including a description of the nature of the breach, categories of affected data, number of affected Data Subjects, potential consequences, and remedial actions taken.11.2. Cooperation and Mitigation Efforts: ST8MNT LLC shall take all reasonable steps to investigate, contain, and mitigate the effects of any Personal Data Breach. ST8MNT LLC shall cooperate fully with the Customer, provide timely updates, and assist the Customer in meeting its obligations to notify relevant supervisory authorities, regulators, and affected Data Subjects, where required by law.11.3. No Unauthorized Disclosure: ST8MNT LLC shall not disclose information related to any Personal Data Breach to any third party, including the media or affected individuals, without prior written approval from the Customer, unless otherwise required by law.DATA SUBJECT RIGHTS ASSISTANCE12.1. Cooperation with Data Subject Requests: ST8MNT LLC shall, to the extent legally permitted and reasonably practicable, assist the Customer in responding to requests from Data Subjects to exercise their rights under Applicable Data Protection Laws. These rights may include requests for access, rectification, erasure, restriction of processing, data portability, or objection to processing.12.2. Notification of Requests: If ST8MNT LLC receives any request directly from a Data Subject regarding their Personal Data, it shall promptly notify the Customer in writing and shall not respond to such requests without the Customer’s prior written authorization, unless legally required to do so.12.3. Technical and Organizational Support: ST8MNT LLC shall implement appropriate technical and organizational measures to enable the Customer to comply with its legal obligations in relation to Data Subject rights, including providing access to, correction of, or deletion of Personal Data where technically feasible.DATA RETENTION AND DELETION13.1. Retention Period: ST8MNT LLC shall retain Personal Data only for as long as is necessary to fulfill the purposes set forth in the Principal Agreement and this DPA, or as required by applicable law. Unless otherwise agreed, Personal Data shall not be retained longer than the term of the Customer’s subscription and any applicable post-termination period outlined in this DPA.13.2. Deletion or Return of Data upon Termination: Upon termination or expiration of the Principal Agreement, ST8MNT LLC shall, at the Customer’s written request, promptly delete or return all Personal Data, including any copies, unless continued retention is required by law or regulatory obligation. The Customer must provide written instructions regarding data return or deletion within thirty days of termination; otherwise, ST8MNT LLC may securely delete all retained Personal Data in accordance with its internal data retention policies.13.3. Certification of Deletion: Upon the Customer’s written request, ST8MNT LLC shall provide written certification confirming the deletion of Personal Data carried out in accordance with this Section.AUDIT RIGHTS14.1. Customer’s Right to Audit: ST8MNT LLC shall make available to the Customer, upon written request, all information necessary to demonstrate compliance with its obligations under this DPA and Applicable Data Protection Laws. The Customer may, no more than once annually, conduct an audit or appoint an independent third-party auditor to verify ST8MNT LLC’s compliance.14.2. Scope and Limitations: Any audit shall be subject to reasonable notice, conducted during regular business hours, and limited to areas directly relevant to the processing of Personal Data. ST8MNT LLC reserves the right to require execution of a confidentiality agreement by the auditor.14.3. Alternative Verification: At ST8MNT LLC’s discretion, provision of relevant third-party certifications, such as ISO 27001 or SOC 2, may serve in lieu of a physical audit.LIABILITY15.1. Processor Liability Scope: ST8MNT LLC shall be liable to the Customer for any direct damages arising out of a proven breach of its obligations under this DPA, provided that such breach results solely from ST8MNT LLC’s failure to comply with Applicable Data Protection Laws or its express obligations herein. ST8MNT LLC’s total cumulative liability for all claims arising under this DPA shall not exceed the total fees paid by the Customer to ST8MNT LLC under the Principal Agreement during the twelve months preceding the event giving rise to liability.15.2. Exclusion of Indirect Damages: In no event shall ST8MNT LLC be liable for any incidental, consequential, punitive, exemplary, or special damages, including but not limited to lost profits, lost revenue, or loss of goodwill, whether arising in contract, tort, or otherwise, even if ST8MNT LLC has been advised of the possibility of such damages.15.3. No Limitation for Willful Misconduct or Data Breach Negligence: Nothing in this Section shall limit ST8MNT LLC’s liability in the event of: (a) Proven gross negligence or willful misconduct; (b) Failure to implement minimum required security measures leading to an unauthorized Data Breach caused by ST8MNT LLC.15.4. Controller Responsibility: The Customer acknowledges that it is responsible for ensuring that its instructions comply with applicable Data Protection Laws. ST8MNT LLC shall not be liable for any claim or liability arising from the Customer’s failure to comply with its legal obligations as Data Controller, including obtaining lawful consent from Data Subjects.GOVERNING LAW AND JURISDICTION16.1. Governing Law: This DPA and any dispute or claim arising out of or in connection with it shall be governed by, and construed in accordance with, the laws of the State of California, United States, excluding its conflict of law provisions. The Parties expressly exclude the application of the United Nations Convention on Contracts for the International Sale of Goods.16.2. Jurisdiction and Venue: Any disputes arising from or relating to this DPA shall be subject to the exclusive jurisdiction of the state or federal courts located in San Francisco County, California. Each Party irrevocably submits to the personal jurisdiction and venue of such courts and waives any objections on the grounds of inconvenient forum.16.3. Alternative Dispute Resolution Option: Where appropriate, and upon mutual written agreement, the Parties may opt to resolve disputes arising under this DPA through confidential binding arbitration conducted under the rules of the American Arbitration Association in San Francisco, California. Any such arbitration decision shall be final and enforceable in any court of competent jurisdiction.MISCELLANEOUS17.1. Entire Agreement: This DPA, together with the Principal Agreement, constitutes the entire agreement between the Parties regarding the subject matter herein and supersedes all prior agreements, understandings, or representations, whether written or oral, concerning Personal Data processing.17.2. Amendments: No amendment or modification of this DPA shall be valid unless made in writing and signed by authorized representatives of both Parties.17.3. Assignment: Neither Party may assign or transfer any rights or obligations under this DPA without the prior written consent of the other Party, except that ST8MNT LLC may assign this DPA to a successor entity in connection with a merger, acquisition, or sale of substantially all its assets.17.4. Severability: If any provision of this DPA is found to be invalid, unlawful, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.17.5. No Third-Party Beneficiaries: Nothing in this DPA shall confer any rights or remedies upon any person or entity other than the Parties hereto and their respective successors and permitted assigns.17.6. Force Majeure: Neither Party shall be held liable for any failure or delay in performance of its obligations under this DPA caused by circumstances beyond its reasonable control, including but not limited to natural disasters, acts of war, governmental actions, or internet service disruptions.17.7. Headings: The section headings in this DPA are for convenience only and shall not affect the interpretation or construction of any provision.ANNEXES / SCHEDULESThe following Annexes form an integral part of this Data Processing Agreement and provide specific details concerning the processing of Personal Data under this Agreement. These Annexes are incorporated by reference and are binding upon both Parties.Annex 1 – Details of Processing: Outlines the categories of Personal Data, types of Data Subjects, purpose, and duration of processing conducted by ST8MNT LLC on behalf of the Customer.Annex 2 – Sub-Processor List: Provides a comprehensive list of Sub-Processors engaged by ST8MNT LLC, including details of services provided and location of processing.Annex 3 – Security Measures Description: Describes the technical and organizational measures implemented by ST8MNT LLC to safeguard Personal Data and ensure compliance with Applicable Data Protection Laws.SIGNATUREIN WITNESS WHEREOF, the Parties hereto have executed this Data Processing Agreement as of the Effective Date.For ST8MNT LLC:By: _________________________________________Name: ______________________________________Title: _______________________________________Date: _______________________________________For Customer (Data Controller):By: _________________________________________Name: ______________________________________Title: _______________________________________Date: _______________________________________ANNEXES / SCHEDULESANNEX 1: DETAILS OF PROCESSINGCategories of Data Subjects:1.1. Employees, contractors, and representatives of the Customer authorized to use the ST8MNT Apps.1.2. End users, clients, or customers of the Customer whose information may be submitted by the Customer within the course of using the ST8MNT Apps.1.3. Any individuals whose Personal Data is transmitted through integrated third-party services, such as Salesforce, Slack, and Stripe, during the Customer’s use of ST8MNT Apps.Categories of Personal Data Processed:2.1. Contact information, including but not limited to names, email addresses, and phone numbers.2.2. User credentials and authentication identifiers related to Salesforce or third-party integrations.2.3. Communication records submitted through the ST8MNT Apps, such as messages, comments, or files.2.4. Transaction-related identifiers and billing-related information limited to what is shared by Stripe integration. ST8MNT LLC does not store payment card details.2.5. Any additional data that the Customer elects to submit or store within the ST8MNT Apps, subject to the Customer’s control and configuration.Nature and Purpose of Processing:3.1. Facilitation of Statement of Work creation, management, and workflow automation.3.2. Contract lifecycle management, including project tracking, approvals, and record-keeping.3.3. Integration with third-party platforms such as Salesforce, Slack, Stripe, and Salesforce AI to enhance service functionality.3.4. Provision of technical support, troubleshooting, service optimization, and security monitoring.3.5. Compliance with applicable legal obligations.3.6. Hosting of all Customer Data is carried out entirely on the Salesforce Platform, which provides the cloud infrastructure for the ST8MNT Apps.3.7. AI-assisted drafting and structuring of Statements of Work and Change Orders within the Salesforce Platform.Special Categories of Personal Data:4.1. ST8MNT LLC does not intentionally collect or process any Special Categories of Personal Data, as defined under GDPR Article 9, such as health data, biometric data, racial or ethnic information, or similar sensitive data. Any such data submitted is solely at the discretion and responsibility of the Customer.Duration of Processing:5.1. Personal Data will be processed for the duration of the Customer’s subscription to ST8MNT Apps and any applicable renewal periods.5.2. Upon termination or expiration, Personal Data shall be deleted or returned in accordance with Section 13 of this DPA, unless continued retention is required by law.ANNEX 2: SUB-PROCESSOR LISTBelow is a list of third-party service providers, or “Sub-Processors,” engaged by ST8MNT LLC for the purpose of supporting and delivering services to the Customer. Each Sub-Processor is contractually bound to comply with data protection obligations consistent with those outlined in this DPA.Salesforce.com, Inc.Service Provided: Salesforce provides the primary platform infrastructure and cloud hosting environment where the ST8MNT Apps reside. Salesforce facilitates data storage, hosting, customer relationship management functionalities, integrations, and additional services essential to the operation of ST8MNT Apps.Location: Headquartered in San Francisco, California, USA, with data centers in various global locations, including the United States, Europe, and Asia-Pacific.Compliance Certifications: Salesforce maintains industry-standard certifications such as SOC 2 Type II, ISO 27001, PCI DSS, and participates in international data protection frameworks, such as Binding Corporate Rules and Standard Contractual Clauses.Slack Technologies, LLCService Provided: Collaboration and communication platform enabling team messaging and integrations.Location: Headquartered in San Francisco, California, USA.Stripe, Inc.Service Provided: Online payment processing and financial services.Location: Headquartered in San Francisco, California, USA, with operations in multiple countries.Additional Sub-Processors: Any additional Sub-Processors engaged by ST8MNT LLC will be disclosed to the Customer prior to engagement, in accordance with Section 8.3 of this DPA. The Customer retains the right to object to the engagement of new Sub-Processors under the conditions set forth therein.Note: ST8MNT LLC ensures that all Sub-Processors are bound by data protection obligations consistent with the terms of the DPA and applicable data protection laws. This Annex may be updated from time to time to reflect changes in Sub-Processors. ST8MNT LLC will notify the Customer of any such changes as outlined in Section 8.3 of the DPA.ANNEX 3: SECURITY MEASURES DESCRIPTIONST8MNT LLC implements the following technical and organizational security measures to ensure the protection and confidentiality of Personal Data processed on behalf of the Customer:Data Encryption1.1. Personal Data is encrypted both in transit and at rest using industry-standard encryption protocols such as TLS for data in transit and AES-256 for data at rest.1.2. Encryption keys are securely managed, rotated regularly, and stored in compliance with best practices.Access Control and Authentication2.1. Access to Personal Data is restricted based on the principle of least privilege and role-based access controls.2.2. Multi-factor authentication is implemented for all administrative access to production systems.2.3. Strong password policies and periodic password changes are enforced for all personnel.2.4. Access logs are maintained, monitored, and reviewed regularly to detect unauthorized access attempts.Physical Security3.1. Data is hosted in secure data centers operated by reputable cloud service providers, as listed in Annex 2, that comply with recognized physical security standards, including but not limited to SOC 2, ISO 27001, and PCI DSS.3.2. Physical access to data centers is restricted to authorized personnel and monitored using surveillance systems.Network Security and Monitoring4.1. Firewalls, intrusion detection, and prevention systems are employed to safeguard networks against unauthorized access and attacks.4.2. Regular vulnerability scanning and security patching of servers and software are performed.4.3. Continuous monitoring of network traffic and system activity is in place to detect potential threats and anomalies.Secure Development Practices5.1. ST8MNT LLC follows secure software development lifecycle processes, including code reviews, static code analysis, and security testing.5.2. Changes to production systems are subject to strict change management procedures, including peer review and approval workflows.Personnel Security and Training6.1. All employees and contractors are required to sign confidentiality agreements.6.2. Regular privacy and security awareness training is provided to all personnel, emphasizing their obligations regarding the protection of Personal Data.Incident Response and Breach Management7.1. ST8MNT LLC maintains an incident response plan designed to promptly respond to security incidents and Personal Data Breaches.7.2. Procedures are in place to assess, contain, and mitigate incidents, including notification to the Customer as specified in Section 11 of this DPA.Business Continuity and Disaster Recovery8.1. Backup procedures are implemented to ensure data availability and integrity in the event of system failure.8.2. Regular testing of disaster recovery plans is conducted to ensure operational resilience.Compliance Certifications and External Assessments9.1. ST8MNT LLC and its Sub-Processors maintain relevant security certifications, such as SOC 2 Type II and ISO 27001, where applicable.9.2. Periodic third-party audits and assessments are conducted to validate the effectiveness of security controls.
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