Last Updated: May 23, 2020
This is an agreement between you and Emerging Technology Trusted Advisors Pte. Ltd., a Singapore Private Limited corporation (also referred to as “TrustOnCloud,” “we,” “us,” or “our”) that governs your use of Services Offerings provided by TrustOnCloud (together with any updates and enhancements to them, and accompanying documentation, the “Services”) that we make available to you. If you use the Services, you will be bound by these Service Terms and Copyright Licence Terms as well as other agreement with us governing your use of the Services (together, the “Agreement”). Unless otherwise defined in these Service Terms and Copyright Licence Terms, Capitalized terms will have the same meaning as outlined in other agreement with us governing your use of the Services.
1. Universal Service Terms (Applicable to All Services)
1.1. You will ensure that all information you provide to us via the TrustOnCloud Site or emails (e.g. the information provided in connection with your registration for the Services) is accurate, complete, and not misleading.
1.2. From time to time, we may apply upgrades, patches, bug fixes, or other maintenance to the Services and TrustOnCloud Content (“Maintenance”). We agree to use reasonable efforts to provide you with prior notice of any scheduled Maintenance (except for emergency Maintenance), and you agree to use reasonable efforts to comply with any Maintenance requirements that we notify you about.
1.3. If your Agreement does not include a provision on TrustOnCloud Confidential Information, and you and TrustOnCloud do not have an effective non-disclosure agreement in place, then you agree that you will not disclose TrustOnCloud Confidential Information, except as required by law.
1.4. You may perform benchmarks or comparative tests or evaluations (each, a “Benchmark”) of the Services. If you perform or disclose, or direct or permit any third party to perform or disclose, any Benchmark of any of the Services, you (i) will include in any disclosure and will disclose to us, all information necessary to replicate such Benchmark, and (ii) agree that we may perform and disclose the results of Benchmarks of your products or services, irrespective of any restrictions on Benchmarks in the terms governing your products or services.
1.5. When you use a Service, you may be able to use or be required to use one or more other Services (each, an “Associated Service”), and when you use an Associated Service, you are subject to the terms and fees that apply to that Associated Service.
2.1. The ThreatModel Service is a collection of publications (referred as “ThreatModel Publications”). Each ThreatModel Publication is covering one or more Cloud Service Providers’ Services at the time we published the said ThreatModel Publication. Any subsequent modification will be considered a new ThreatModel Publication. We reserve the right to modify the definition of any Cloud Service Providers’ Service in the context of the scope of each ThreatModel Publication. Any modification of scope will not incur additional fees without your prior consent.
2.2. Your use of TrustOnCloud Publications is also governed by the TrustOnCloud Copyright Licence Terms in Section 4 below. Except as explicitly provided for under the Agreement, you may not lend, lease, reproduce, copy, duplicate, distribute or otherwise commercially exploit ThreatModel Publications.
2.3. Each ThreatModel Publication you purchase shall be or shall be deemed to be a work published by us and is copyrighted by us. You acknowledge and agree to respect TrustOnCloud’s copyright in our publications by purchasing, receiving via email, downloading, copying or otherwise using ThreatModel Publications.
3.1. Each OverWatch subscription is associated with one or more ThreatModel Publications. You may be required to purchase at our discretion the associated ThreatModel Publication(s) before enabling the OverWatch subscription.
3.2. We may increase the scope of the associated ThreatModel Publication(s) and by consequence the scope of an OverWatch you are subscribed to (for example, the addition of a new API monitoring due to a new release) with your prior consent. You are subject to the terms and fees that apply to that increased scope.
3.3. The Service Terms and Copyright Licence Terms applicable to ThreatModel also apply to OverWatch.
4. TrustOnCloud Copyright Licence Terms
4.1 Licence Types
4.1.1 A ThreatModel Publication can only be purchased for (i) your personal individual (referred as “Single Person Licence”), or (ii) the entity you represent (referred as “Single Entity Licence”). For any type of Licence, Licence is granted per ThreatModel Publication. The type of licence for all ThreatModel Publications is defined for each purchase and is available in your Account Information.
4.1.2. For Single Person Licence, the ThreatModel Publications are for your personal individual use only, and cannot be assigned or transferred to another individual or any Entity. You may download electronic copy(ies) of ThreatModel Publication(s) you’ve purchased on your personal devices (desktop computer, laptop, tablet, e-reader, smartphone, etc.). Printing is permitted for your personal use only. Sharing or posting the ThreatModel Publication(s) (including by not limited to email, intranet, and wiki) or publicly is not permitted.
4.1.3. For Single Entity Licence, ThreatModel Publications are for the Entity you represent, and cannot be assigned or transferred to any personal individual or another Entity. You may only download electronic copy(ies) of ThreatModel Publication(s) you’ve purchased on devices owned by your Entity (desktop computer, laptop, tablet, e-reader, smartphone, etc.). Printing is only permitted for individual usage of the employees, officers, or directors of your Entity. Sharing or posting the ThreatModel Publication(s) within your Entity (including email within your Entity-owned domain names, intranet and internal wiki) is permitted. Sharing or posting the ThreatModel Publication(s) outside your Entity or publicly is not permitted.
ThreatModel Publications are watermarked with one or more your Account Information in order to identify the rightful owner of the document. You must maintain the watermarks for each full or partial copy of a ThreatModel Publication; copying rights are bound by the Licence type of the said ThreatModel Publication. In case of doubt on the Watermark format, use the following format prominently at the top of the copy: Some or all of the following content is copyrighted by TrustOnCloud; licence granted to [name of your Entity] exclusively.
You may terminate this Copyright Licence Terms at any time by destroying all copies of the ThreatModel Publications that are in your possession or control. Your rights under these Copyright Licence Terms will automatically terminate without notice from us if you fail to comply with any of its terms or fail to make timely payment. In the case of termination, you must cease all use and destroy all copies of the ThreatModel Publications. Our failure to insist upon or enforce your strict compliance with Section 4 will not constitute a waiver of any of our rights. Sections 4.1, and 4.4 of this Section 4 will survive the termination of the Agreement. Sections 4.2, 4.3 will survive for as long as you have the publications.
4.4 Non-Reliance Except for Licencee(s)
No person has the authority to give information or make any warranty, undertaking or representation in connection with each ThreatModel Publication that is not contained in the ThreatModel Publication. Any information not in or incorporated in each ThreatModel Publication may not be relied on as having been authorised by us. Each ThreatModel Publication does not act as a warranty, undertaking or representation to any person except to the respective licencees of each publication as described in Section 4.1 of these Service Terms and Copyright Licence Terms.
We may amend these Service Terms and Copyright Licence Terms at our sole discretion by notifying you at the email address registered in your Account Information. Your continued use of the ThreatModel Publications after any amendment’s effective date evidences your agreement to be bound by it.
- May 23, 2020:
- Updated Section 2.1 to clarify the definition of a ThreatModel Publication and add prior consent on the increase fees on scope for ThreatModel Publications
- Updated Section 3.2 to add prior consent to increase scope of OverWatch subscription
- Added “For any type of Licence, Licence is granted per ThreatModel Publication.” on section 4.1.1.
- Updated 4.2 Watermark to clarify the watermark format
- Move section 4.5 to 5.
- April 5, 2020: Initial version