BIZAGI MODELER COLLABORATION ... - download.bizagi…download.bizagi.com/docs/MCS Subscription Agreement-Reseller.pdf · Bizagi MCS Subscription Agreement 5.4. The Modeler’s interface

Bizagi MCS Subscription Agreement

BIZAGI MODELER COLLABORATION SERVICES DESCRIPTION (MCS)

1. Interpretation

1.1. The following definitions and rules of interpretation apply in this document.

1.2. This Description applies to MCS included in Bizagi Cloud, but does not apply to separately branded

services made available connected to the services, or to any on-premises software that is part of

any Service. Capitalized terms used but not defined in this description will have the meaning

assigned to them in the Subscription Agreement.

2. Definitions

2.1. Modeler Collaboration Services (MCS): means a cloud based service that provides a

collaborative platform for global Process governance and compliance, enabling team work for the

design and definition of End User’s Processes, achieving participation of all stakeholders.

2.2. Cloud Model: A container for folders and Process diagrams, with its related Documentation,

attachments and user comments designed in Modeler and uploaded to Process Repository.

2.3. Contributor: End User that only has permissions to view models and Processes through the

website in MCS and make comments to the Process diagrams and elements.

2.4. Editor: End User that has permissions to design, view and edit models and Processes, and make

comments to the Process diagrams and elements using Modeler. Editors can also view models

and Processes trough MCS.

2.5. Modeler: Desktop tool than can be downloaded, free of charge, from Bizagi website, and allows

to visually, diagram, model, document and simulate Processes in industry-standard BPMN

(Business Process Model Notation).

2.6. Process: A series of steps taken, represented as shapes, in order to achieve a particular end.

2.7. Process Portal: A secure browser-based site accessible by all Contributors to browse process

hierarchy and documentation. It controls Contributors' acknowledgement of roles and

requirements, granting governance and compliance with organizational Processes.

2.8. Process Repository: Central repository in MCS where Process diagrams and Cloud Models are

stored.

3. Bizagi Modeler Collaboration Services Overview

3.1. Users can design, review and change the Process flow from anywhere on any device and provide

real time feedback via online discussions with other team members. Changes to the Process are

visible in real time by all Editors or Contributors.

3.2. MCS provide an isolated private cloud where the definition of all End User’s Processes is securely

stored in an environment that can only be accessed by authorized users.

4. Processes creation and upload

4.1. Processes can be built and documented using Modeler. Modeler is used to diagram, model,

document and simulate business Processes in industry-standard BPMN (Business Process Model

Notation). Process designed in Modeler are saved in Process Repository, enabling cloud

collaboration services.

5. Enterprise Plan

5.1. As soon as a user requires MCS to be able to use the collaboration features, to save in the cloud

Process Repository, to have a Process portal and enjoy all other features included in the Service,

they require a subscription. If End User maintains an “Enterprise” subscription plan, as specified

in the Order Form, MCS will allow End User to invite Editors or Contributors.

5.2. End User must pay for and have a current subscription for user of its Enterprise subscription plan.

Each invitation (i.e., email address) may be used only by a single individual.

5.3. In the subscription, all processes are uploaded to the Process Repository, and become part of

MCS. Thus, any user being Editor or Contributor requires to be a part of subscription.


5.4. The Modeler’s interface itself, for Editors that are part of the subscription, changes enabling

features that are not available otherwise (for free users). i.e. comments, save in Cloud, offline

functionality, sharing.

5.5. “Editors” have the ability to: (1) open Processes with Modeler to change Process flows; (2) open

Cloud Models with Modeler to include or change its Documentation; (3) save Cloud Models; (4)

Share Cloud Models with other Editors and Contributors and (5) include comments on any Process

diagram or shape via Modeler or MCS.

5.6. “Contributors” are invited to share Cloud Models by an Editor and can login to MCS via a browser

in any device to: (1) view the Process flows and their Documentations, and (2) include comments

on any Process, diagram or shape.

5.7. Contributors have no access to edit Process flows or Documentation in Modeler.

5.8. The End User is assigned a unique URL to access its subscription: https://test-projectname-

companyname.bizagi.com

6. Process Portal

6.1. Approved Processes are published to a global Process Portal within MCS accessible by all End

User’s users. The Process Portal enables ongoing access to everyone and grants governance and

compliance with organizational Processes by controlling all Contributors acknowledgement of their

roles and requirements, managing employee adherence to changes in policies and regulations.

7. My processes’ view

7.1. Contributors will have an exclusive view with Processes that they are involved in. Within each

Process the Contributors can approve or accept the Process definition and documentation, as a

signature of understanding of the Process and its steps.

8. Searching models

8.1. All users with access to a model can search for Processes from the home screen, considering

standard properties, and extended attribute names and values of Processes and elements.

8.2. In the Process detail view, all users can search for Process elements contained within that

specific Process, showing a list of the elements that match the search.

9. Single Sign On

9.1. End User can configure its identity provider, to allow single sing on to an entry site, customized

it with End User branding.

9.2. When logging out the users will be redirected to End User’s internet domain.

10. Users administration

10.1. End User will access to management portal to manage users of the subscription: adding,

removing users and assigning access controls as Editors or Contributors.

https://test-projectname-companyname.bizagi.com/

https://test-projectname-companyname.bizagi.com/


BIZAGI MCS TERMS AND CONDITIONS

1. Definitions:

1.1. Affiliate: is any entity that, with respect to a party to this agreement, owns or controls, is owned

or controlled, or is under common control, either directly or indirectly, by share ownership,

contract or otherwise provided End User maintains a minimum of 51% equity ownership.

1.2. Authorized Users: means those employees, consultants, agents, contractors, end users, and

third parties, with which End User transacts business, who are authorized by the End User to use

the Bizagi Cloud in accordance with this Subscription Agreement. User access control is integrated

with End User´s own user authentication system, or can be managed by End User using Bizagi´s

own authentication system. Only Authorized Users can access Bizagi Cloud.

1.3. Beta Services: means Services or functionality that may be made available to End User to try

at its option at no additional charge which is clearly designated as beta, pilot, limited release,

developer preview, non-production, evaluation, or by a similar description.

1.4. Bizagi Cloud: means the cloud services acquired through a Reseller, and made available online

by Bizagi.

1.5. Bizagi Cloud Service Use Authorization: means a Service Use Authorization that references

the Cloud Services that End Used acquired through a Reseller.

1.6. Contributor: has the meaning given to it in Section 2.2 of this Document.

1.7. End User: means the entity that acquired MCS through a Reseller.

1.8. End User Content: has the meaning given to it in Section 4.1 of this Document.

1.9. Documentation: means all user manuals, operating manuals, technical manuals and any other

instructions, specifications, documents or materials, in any form or media, that describe the

functionality, installation, testing, operation, use, maintenance, support, or technical or other

components, features or requirements of the Bizagi Cloud, which are available at http://

help.bizagi.com or other URL as notified to the End User from time to time.

1.10. Editor: has the meaning given to it in Section 2.2 of this Subscription Agreement.

1.11. Owner: means the Authorized User who creates a new process and stores it in Bizagi Cloud.

1.12. Process: has the meaning given to it in Section 2.1 of this Subscription Agreement.

1.13. Reseller: means a non-exclusive distributor of Bizagi Cloud services in a defined territory during

an established term including marketing, demonstrating and promoting the Bizagi Cloud services

to prospective End Users.

1.14. Subscription Agreement: means this Bizagi MCS Subscription Agreement.

1.15. Subscription Fee: means the fee paid by the End User through the Reseller for the right to

access and use the Bizagi Cloud.

1.16. Service Level: means the service levels described in the Service Level Agreement.

1.17. Term: refers to the period of time for which End User is subscribed to Bizagi Cloud as specified

in the Service Use Authorization.

1.18. Technical Support: has the meaning given to it in the Technical Support document.

1.19. Third Party Content: means information obtained by the End User from publicly available

sources or made available directly to the End User by other companies or individuals under

separate terms and conditions, that the End User decides to use and or store in the Cloud Service.

2. Subscription Terms and Restrictions

2.1 Permitted Use: Among other features, the Bizagi Cloud allows Authorized Users to create online

processes (“Processes”) within the subscription where End User and its Authorized Users

can (a) upload, download, organize, modify, comment and store file attachments and (b) share

those Processes with other users. Subject to the terms and conditions of this Subscription


Agreement and the usage limitations established by the Bizagi Cloud, Bizagi hereby grants to End

User a worldwide, non-exclusive, non-transferable right to access and use Bizagi Cloud during the

term of this Subscription Agreement to (i) create, submit content to, edit and delete

Processes, and (ii) invite other Authorized Users to view, comment to, and/or edit Processes.

2.2 Enterprise Plan: If End User maintains an “Enterprise” subscription plan, the Bizagi Cloud will

allow End User to invite Editors or Contributors users (“Authorized Users”). End User must pay

for and have a current subscription for each member of its Enterprise Plan. Each invitation (i.e.,

email address) may be used only by a single individual. End User is responsible for all use and

misuse of the Bizagi Cloud that occurs under its Authorized Users’ login credentials, and End

User agrees to notify Bizagi of any unauthorized access or use of which End User becomes aware.

“Editors” have the ability to (1) open a shared Process with Bizagi Modeler to change process

flow; (2) open a shared Process with Bizagi Modeler to include or change its documentation;

and (3) include comments on any Process, diagram or shape via Modeler app or a browser.

“Contributors” are invited to share a Process by its Owner and are able to login to Bizagi Cloud

via a browser in any device to (1) view the process flow and its documentations, and (2) include

comments on any Process, diagram or shape using a browser. Contributors have no access to

editing process flow or documentation.

2.3 General Restrictions: End User may not: (i) modify, reverse engineer, disassemble, decompile

or otherwise attempt to access or determine the source code of the Bizagi Cloud, (ii) copy, or

reproduce the Bizagi Cloud in any way, in whole or in part, (iii) create any derivative work based

on the Bizagi Cloud, (iv) re-distribute or sublicense the Bizagi Cloud, or any part thereof, to any

third party, (v) "frame" or "mirror" any content available on the Bizagi Cloud on any other server

or wireless Internet-based device, (vi) operate the Cloud Service on a service bureau basis,

without Bizagi’s express prior written consent, (vii) use the Bizagi Cloud in circumstances in which

errors or inaccuracies in the content, functionality, data or information provided by the service or

the failure of the service could lead to death, personal injury, or severe physical or environmental

damage, or (viii) allow, permit or assist any third party to do the foregoing. If the End User is

located in a jurisdiction that permits limited reverse engineering as a matter of law, and despite

accepting contract terms to the contrary, End User may perform limited reverse engineering in

connection with its authorized use of the Bizagi Cloud, provided End User first notify Bizagi of its

intent to reverse engineer the Bizagi Cloud, and provided the reverse engineering is limited to the

extent permitted by the applicable law. Bizagi’s warranty and indemnification obligations under

this Subscription Agreement shall not apply to any issues or claims to the extent resulting from

End User’s reverse engineering the Bizagi Cloud in accordance with this provision.

2.4 The Bizagi Cloud may be used only for End User’s internal business purposes and subject to the

terms of this Subscription Agreement and the Order Form. End User may allow its Authorized Users

to use the Bizagi Cloud for this purpose and End User is responsible for the Authorized Users’

compliance with this Subscription Agreement.

2.5 Probing: End User shall not allow anyone working on its behalf to perform any technical security

integrity review, penetration test, load test, denial-of-service simulation or vulnerability scan of

the Bizagi Cloud without Bizagi’s prior written consent. End User shall not allow anyone working

on its behalf to use any software tool designed to automatically emulate the actions of a human

user (such tools are commonly referred to as "Robots") in conjunction with the Service.

2.6 License: End User hereby grants Bizagi a limited license to use its Content to provide the Bizagi

Cloud and its features to End User during the term of this Agreement. The Service includes features

that permit Owners to “invite” Editors to view, modify and collaborate. Bizagi has no liability for

any distribution, publication, display, use or disclosure of End User’s Content by other users of the

Bizagi Cloud to whom End User provides or submit its Content.

3 Users Accounts:

3.1 Only the identified individual associated with a user account can access the Bizagi Cloud using that

account. User accounts may not be shared among individuals or used to provide access to the

Bizagi Cloud to individuals who are not the individual associated with the corresponding user


account. End User may not activate and deactivate user accounts on a daily or another regular

basis in order to circumvent license restrictions.

3.2 User Names and Passwords: End User may not disclose its passwords other than to its

Authorized Users. In addition, End User’s passwords may not be used by more than the number of

Users corresponding to the number of licenses purchased to the Bizagi Cloud. End User is

responsible for maintaining the confidentiality of its account and password information, and for

restricting access to its computers. In the event of a breach of security, End User agrees to

immediately change its passwords and to promptly notify Bizagi of such breach in writing. Bizagi

has no obligation to inquire as to the authority or propriety of any use of or action taken under one

or more of End User’s passwords and will not be responsible for any loss to End User arising from

any such use.

4 End User Content; Representation

4.1 End User retains all right, title and interest in any and all data, files, attachments, text, images,

personally identifiable information, and other content that End User and its Authorized Users upload

or submit to its Processes (collectively, “End User Content”). End User Content includes data and

content submitted to End User’s Processes by Editors. End User represents and warrants that End

User has all rights, permissions, and consents necessary (a) to submit End User Content to Bizagi,

and (b) to grant Bizagi the limited rights to use End User Content set forth in this Subscription

Agreement; (c) for any transfer of End User Content or End User’s Processes from one Authorized

User to another.

4.2 Content Submitted by Editors and Authorised Users: Editors acknowledge that any content

submitted by them to a Process may be retained indefinitely, distributed, displayed, published,

modified, and used for any purpose by that Process’ Owner, notwithstanding any other provision

of this Subscription Agreement. Bizagi has no responsibility to enforce any confidentiality obligation

the Owner may have to End User. If End User is an Editor who submits content to a Process, the

Owner of that Process may publish or distribute End User Content to a third party, revoke End

User’s permission to access a Process and End Users Content within it, or transfer all rights in the

Process to a third party.

5 End User Responsibilities

5.1 End User will (a) be responsible for Users’ compliance with this Subscription Agreement, (b) be

responsible for the accuracy, quality and legality of End User Content and the means by which End

User acquired it, (c) use commercially reasonable efforts to prevent unauthorized access to or use

of Cloud Services and Content, and notify Bizagi promptly of any such unauthorized access or use,

and (d) use Bizagi Cloud and Content only in accordance with the Documentation and applicable

laws and government regulations.

5.2 Equipment and Software: End User must provide at its own expense Internet access, compatible

software and compatible equipment to access and use the Bizagi Cloud. End User must meet the

system requirements that Bizagi disclose to End User.

5.3 Accounts and Cooperation: End User is responsible for all activity occurring under its accounts

and shall abide by all applicable local, state, national, and foreign laws, treaties and regulations

including those related to data privacy, international communications and the transmission of

technical or personal data in connection with its use of the Bizagi Cloud. Bizagi may request

information and data from End User about the provision of the Bizagi Cloud, and End User agrees

to cooperate with Bizagi’s reasonable requests in good faith.

5.4 Notice of Unauthorized Use: End User must report to Bizagi immediately, and use reasonable

efforts to stop immediately, any copying or distribution of the Service in violation of this

Subscription Agreement that End User is aware of or suspect.

6 Provision of Cloud Service

6.1 During the term of this Subscription Agreement, Bizagi will (a) make the Bizagi Cloud available to

End User pursuant to this Subscription Agreement and the applicable Order Form, (b) provide


Bizagi’s basic support for the Bizagi Cloud to End User at no additional charge, as described in the

Technical Support document, and (c) make the Bizagi Cloud available 24 hours a day, 7 days a

week, except as specified in Section 2.3 of the Service Level Agreement

7 Term and Termination Subscription Renewals and Cancelation

7.1 Term: This Subscription Agreement shall be provided for the period defined in the Service Use

Authorization, unless earlier suspended or terminated as set forth below.

7.2 A party may terminate this Subscription Agreement for cause (i) upon 30 days written notice to

the other party of a material breach, if such breach remains uncured at the expiration of such

period, or (ii) if the other party becomes the subject of a petition in bankruptcy or any other

proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of

creditors.

7.3 If this Subscription Agreement is terminated by the End User in accordance with Section 7.2, En

User May ask through the Reseller the refund of any prepaid fees covering the remainder of the

term of all Order Forms after the effective date of termination. If this Subscription Agreement is

terminated by Bizagi in accordance with Section 7.2, End User will pay any unpaid fees covering

the remainder of the term of all Order Forms.

7.4 Upon the end of the Services, End User no longer has rights to access or use the Bizagi Cloud,

including the Documentation; however, at End User’s request, and for a period of up to 60 days

after the effective date of termination, Bizagi will make available End User’s Data for the purpose

of retrieval by End User. At the end of such 60 days’ period, Bizagi will have no obligation to

maintain or provide any End User’s Data, and will thereafter delete or destroy all copies of End

User’s Data in Bizagi Cloud MCS or otherwise in Bizagi possession or control, unless legally

prohibited.

7.5 Bizagi may temporarily suspend End User’s password, account, and access to or use of the Cloud

Service, if (i) End User or its Authorized Users violate any provision within the ‘Subscription Terms

and Restrictions’, ‘User Accounts’, ‘Ownership’, ‘Fees and Payments’, ‘Confidentiality’ or ‘Export

Restrictions’ sections of this Subscription Agreement, or if in Bizagi’s reasonable judgment, the

Cloud Service or any component thereof are about to suffer a significant threat to security or

functionality. Bizagi will provide advance notice to End User of any such suspension in Bizagi’s

reasonable discretion based on the nature of the circumstances giving rise to the suspension.

Bizagi will use reasonable efforts to re-establish the affected Bizagi Cloud promptly after Bizagi

determines, in its reasonable discretion, that the situation giving rise to the suspension has been

cured; however, during any suspension period, Bizagi will make available the End User Content as

existing in the Bizagi Cloud on the date of suspension (ii) End User does not pay to Reseller the

subscription fee.

8. Ownership

8.1 Except as expressly set forth herein, Bizagi retains all rights, title, and interest to the intellectual

property regarding the Bizagi Cloud. All rights in the Bizagi Cloud not provided to End User under

this Subscription Agreement are expressly retained by Bizagi. Bizagi’s name and logos, and other

product names associated with the Bizagi Cloud are trademarks of Bizagi or Bizagi's licensors and

no right or license is granted to use them, other than as set forth herein.

8.2 End User retains all title, intellectual property, and other ownership rights in all End User Content

and Confidential Information.

9 Beta Services

9.1 From time to time, Bizagi may make Beta Services available to End User at no charge. End User

may choose to try such Beta Services or not in its own sole discretion. Beta Services are intended

for evaluation purposes and not for production use, are not supported, and may be subject to

additional terms. Beta Services are not considered “Bizagi Cloud” under this Subscription

Agreement, however, all restrictions, Bizagi reservation of rights and End User obligations


concerning Bizagi Cloud, and use of any related in Bizagi Cloud, shall apply equally to End User

use of Beta Services. Unless otherwise stated, any Beta Services trial period will expire upon the

earlier of one year from the trial start date or the date that a version of the Beta Services becomes

generally available without the applicable Beta Services designation. Bizagi may discontinue Beta

Services at any time in its sole discretion and may never make them generally available. Bizagi

will have no liability for any harm or damage arising out of or in connection with a Beta Service.

10. Service Level Agreement

10.1 The availability commitment of the Bizagi Cloud is described and regulated in the Service Level

Agreement (“SLA”).

11. Confidentiality

11.1. "Confidential Information" means all information of a Party ("Disclosing Party") disclosed to the

other Party ("Receiving Party"), which is clearly identified as confidential at the time of disclosure

or that reasonably should be understood to be confidential given the nature of the information

and the circumstances of disclosure. Confidential Information includes End User Content and

without limitation each Party’s respective business and marketing plans, technology and technical

information, product designs, business processes, financial information (including costs, profit or

margin information), inventions, research and development, employee skills and salaries, and

End User information. The parties agree to disclose only information that is required for the

performance of obligations under this Subscription Agreement.

11.2. Confidential Information does not include any information that: (i) is or becomes generally known

to the public without breach of any obligation owed by the Receiving Party to the Disclosing Party;

(ii) was rightfully known to the Receiving Party without an obligation of confidentiality prior to its

disclosure by the Disclosing Party under this Subscription Agreement; (iii) was independently

developed by the Receiving Party without the use of or reference to the Confidential Information

of the Disclosing Party; or (iv) is lawfully received from a third party without an obligation of

confidentiality.

11.3. Except as otherwise permitted in writing by the Disclosing Party, (i) the Receiving Party will

protect the Disclosing Party’s Confidential Information from unauthorized dissemination and use

the same degree of care that the Receiving Party uses to protect its own Confidential Information,

but in no event less than a commercially reasonable degree of care, (ii) the Receiving Party will

not use the Disclosing Party’s Confidential Information for purposes other than those necessary

to exercise a right or fulfill an obligation of this Subscription Agreement, and (iii) the Receiving

Party shall limit access to Confidential Information of the Disclosing Party to those of its

employees, contractors and agents who need such access for the Receiving Party to exercise a

right or fulfill an obligation of this Subscription Agreement, who have been informed of the

confidential nature of such information, and who are subject to confidentiality obligations with the

Receiving Party containing protections no less stringent than those herein.

11.4. The provisions of this Section 12 shall survive the termination of this Subscription Agreement for

a period of five (5) years from such termination.

12. Warranties, Exclusive Remedies and Disclaimers

12.1. Bizagi warrants that the Cloud Service will perform substantially in accordance with the then

current documentation provided by Bizagi in connection with the Service under normal use and

circumstances.

12.2. BIZAGI DOES NOT GUARANTEE THAT (A) THE CLOUD SERVICE WILL BE PERFORMED ERROR-

FREE OR UNINTERRUPTED, OR THAT BIZAGI WILL CORRECT ALL SERVICES ERRORS, (B) THE

CLOUD SERVICE WILL OPERATE IN COMBINATION WITH END USER’S CONTENT OR END USER’S

APPLICATIONS, OR WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEMS OR DATA NOT

PROVIDED BY BIZAGI, AND (C) THE BIZAGI CLOUD WILL MEET END USER’S REQUIREMENTS,

SPECIFICATIONS OR EXPECTATIONS. END USER ACKNOWLEDGES THAT BIZAGI DOES NOT

CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE


INTERNET, AND THAT THE CLOUD SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND

OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. BIZAGI IS

NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING

FROM SUCH PROBLEMS. BIZAGI IS NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE

PERFORMANCE, OPERATION OR SECURITY OF THE BIZAGI CLOUD THAT ARISE FROM END

USER’S CONTENT, END USER’S APPLICATIONS OR THIRD PARTY CONTENT. BIZAGI DOES NOT

MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE RELIABILITY, ACCURACY,

COMPLETENESS, CORRECTNESS, OR USEFULNESS OF THIRD PARTY CONTENT, AND DISCLAIMS

ALL LIABILITIES ARISING FROM OR RELATED TO THIRD PARTY CONTENT.

12.3. FOR ANY BREACH OF THE SERVICES WARRANTY, END USER EXCLUSIVE REMEDY AND BIZAGI’S

ENTIRE LIABILITY SHALL BE THE CORRECTION OF THE DEFICIENT SERVICES THAT CAUSED THE

BREACH OF WARRANTY, OR, IF BIZAGI CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN

A COMMERCIALLY REASONABLE MANNER, END USER MAY END THE DEFICIENT SERVICES AND

MAY ASK THROUGH THE RESELLER THE REFUND OF ANY FEES FOR THE TERMINATED SERVICES

THAT END USER PRE-PAID TO BIZAGI FOR THE PERIOD FOLLOWING THE EFFECTIVE DATE OF

TERMINATION.

12.4. EXCEPT AS EXPRESSLY PROVIDED HEREIN, NEITHER PARTY MAKES ANY WARRANTY OF ANY

KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND EACH PARTY

SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF

MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, TO THE

MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. BETA SERVICES ARE PROVIDED “AS IS,”

EXCLUSIVE OF ANY WARRANTY WHATSOEVER.

13. Limitation of Liability:

a. EXCEPT FOR DAMAGES RESULTING FROM (I) EITHER PARTY’S MATERIAL BREACH OF ITS

OBLIGATIONS UNDER SECTION 11 (CONFIDENTIALITY); (II) END USER’S BREACH OF ITS

OBLIGATIONS UNDER SECTION 2.3 (RESTRICTIONS ON USE); (III) EITHER PARTY

INTENTIONALLY MISAPPROPRIATING THE INTELLECTUAL PROPERTY RIGHTS OF THE OTHER

PARTY OR (IV) THE PARTIES’ INDEMNIFICATION OBLIGATIONS, IN NO EVENT SHALL EITHER

PARTY BE LIABLE FOR LOSS OF USE, LOSS OF DATA, LOSS OF REVENUE, INTERRUPTION OF

BUSINESS, LOST PROFITS (EXCLUDING FEES UNDER THIS SUBSCRIPTION AGREEMENT), OR ANY

CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND

UNDER ANY CAUSE OF ACTION (INCLUDING CONTRACT, TORT OR STRICT LIABILITY) ARISING

FROM OR OUT OF THIS SUBSCRIPTION AGREEMENT. EITHER PARTY’S MAXIMUM LIABILITY FOR

ALL DAMAGES ARISING OUT OF OR RELATED TO THIS SUBSCRIPTION AGREEMENT, SHALL IN

NO EVENT EXCEED, IN THE AGGREGATE, THE TOTAL AMOUNTS ACTUALLY PAID BY END USER

TO BIZAGI FOR THE BIZAGI CLOUD UNDER THE ORDER THAT IS THE SUBJECT OF THE CLAIM IN

THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH

CLAIM, LESS ANY REFUNDS OR SERVICE CREDITS RECEIVED BY THE END USER FROM BIZAGI

UNDER SUCH ORDER.

14. Indemnification

14.1 Indemnification by Bizagi: Bizagi will indemnify and hold End User harmless, from and

against any claim against it by reason of End User’s use of the Bizagi Cloud as permitted

hereunder, brought by a third party alleging that the Cloud Service infringes or misappropriates

a third party’s valid patent, copyright, trademark or trade secret (an “IP Claim”). Bizagi shall,

at its expense, defend such IP Claim and pay damages finally awarded against End User in

connection therewith, including the reasonable fees and expenses of the attorneys engaged by

Bizagi for such defense, provided that (a) End User promptly notify Bizagi of the threat or notice

of such IP Claim; (b) Bizagi will have the sole and exclusive control and authority to select

defense attorneys, defend and/or settle any such IP Claim; and (c) End User fully cooperate

with Bizagi in connection therewith. The provisions of this Section state the sole, exclusive and

entire liability of Bizagi to End User and constitute End User’s sole remedy with respect to an IP

Claim brought by reason of access to or use of the Cloud Service by End User.


14.2 Indemnification by End User: End User will defend Bizagi against any claim, demand, suit or

proceeding made or brought against Bizagi by a third party alleging that End User Content, or

its use of any Service or Content in breach of this Subscription Agreement, infringes or

misappropriates such third party’s intellectual property rights or violates applicable law (a

“Claim Against Bizagi”), and will indemnify Bizagi from any damages, attorney fees and costs

finally awarded against Bizagi as a result of, or for any amounts paid by us under a court-

approved settlement of, a Claim Against Bizagi, provided Bizagi (a) promptly give End User

written notice of the Claim Against Bizagi, (b) give End User sole control of the defense and

settlement of the Claim Against Bizagi (except that End User may not settle any Claim Against

Bizagi unless it unconditionally releases Bizagi of all liability), and (c) give End User all

reasonable assistance, at its expense.

14.3 This Section 14 states the indemnifying party’s sole liability to, and the indemnified party’s

exclusive remedy against, the other party for any type of claim described in this Section 14.

15. Service Analyses

a. Bizagi may (i) compile statistical and other information related to the performance, operation and

use of the Cloud Service, and (ii) use data from the Bizagi Cloud, to create statistical analyses,

and for research and development purposes (“Service Analyses”).

b. Bizagi may make Service Analyses publicly available; however, Service Analyses will not incorporate

End User Content or Confidential Information in a form that could serve to identify the End User

or any individual, and Service Analyses do not constitute Personal Data.

c. Bizagi retains all intellectual property rights in Service Analyses.

16. Export Restrictions

a. Export laws and regulations of the United Kingdom and any other relevant local export laws and

regulations apply to the Bizagi Cloud. End User agrees that such export laws govern its use of the

Cloud Service (including technical data) and any Services deliverables provided under this

Subscription Agreement, and the End User agrees to comply with all such export laws and

regulations (including “deemed export” and “deemed re-export” regulations).

b. End User agrees that no data, information, software programs and/or materials resulting from the

Cloud Service (or direct product thereof) will be exported, directly or indirectly, in violation of

these laws, or will be used for any purpose prohibited by these laws including, without limitation,

nuclear, chemical, or biological weapons proliferation, or development of missile technology.

17. General Provisions:

17.1 Audits: Bizagi may audit , with reasonable notice to the End User, the use of the Cloud Service

to assess whether the End User use of Cloud Service is in accordance with the Subscription

Agreement and the Service Use Authorization. Any adjustment or payments that must be made

as a result of any such audit of the End User’s use of the Bizagi Cloud in excess of its rights shall

be defined by the parties after the presentation of Bizagi’s findings to the End User.

17.2 Jurisdiction and Venue: This Subscription Agreement, and any dispute or claim arising out of or

in connection with it, or its subject matter or formation (including non-contractual disputes or claims),

shall be governed by and construed in accordance with the laws of England and Wales - The parties

agree to submit to the exclusive jurisdiction of, and venue in, the courts of England and Wales to

settle any dispute arising out of or relating to this Subscription Agreement. The Uniform Computer

Information Transactions Act and the United Nations Convention on Contracts for the International

Sale of Goods, or any similar or successor convention or law do not apply to this Subscription

Agreement or to Orders placed under it.

17.3 Entire Agreement: This Subscription Agreement, together with all referenced documents,

constitutes the full and complete understanding and agreement between the parties with respect

to the subject matter of this Subscription Agreement and constitutes a full statement of the terms

of their agreement. This Subscription Agreement supersedes all prior written agreements and

contemporaneous oral agreements with respect to the subject matter hereof; provided, that if


the parties have entered into a Confidentiality and Non-Disclosure Agreement the terms of such

agreement shall survive. Neither party has relied upon any representation of the other not set

forth herein as an inducement to enter into this Subscription Agreement.

17.4 Survival: Sections 2.3 Restrictions on Use, 8. Ownership, 12. Warranties, Disclaimers and

Exclusive Remedies and 13. Limitation of Liability shall survive any termination or expiration of

this Subscription Agreement.

17.5 Marketing: Bizagi may: (i) include End User’s company’s name in a list of Bizagi’s End User to

publicize the execution of this Subscription Agreement, (ii) refer End User’s company’s name on

Bizagi’s website; and, (iii) refer End User’s company’s name in marketing materials.

17.6 Assignment: This Subscription Agreement will bind and inure to the benefit of each party’s

permitted successors and assigns. Neither party shall assign this Subscription Agreement (or any

part thereof) without the advance written consent of the other party, except that Bizagi may

assign this Subscription Agreement in connection with a merger, reorganization, acquisition or

other transfer of all or substantially all of its assets. Any attempt to transfer or assign this

Subscription Agreement except as expressly authorized under this Section 19.5 will be null and

void.

17.7 Severability: In the event any provision of this Subscription Agreement is determined to be

invalid or unenforceable, that provision shall be enforced to the maximum extent permitted, and

the Parties agree that the other provisions of this Subscription Agreement shall not be affected

and shall continue to be enforced.

17.8 Waiver: No term or provision hereof will be considered waived by either Party, and no breach

excused by either party, unless such waiver or consent is in writing signed by both Parties. No

consent by either party to, or waiver of, a breach by either party, whether express or implied,

will constitute consent to, waiver of, or excuse of any other, different, or subsequent breach by

either Party.

17.9 Relationship of Parties: The Parties to this Subscription Agreement are independent

contractors. There is no relationship of agency, partnership, joint venture, employment or

franchise between the parties. Neither party has the authority to bind the other or to incur any

obligation on its behalf.

17.10 Counterparts: This Subscription Agreement may be executed simultaneously in two or more

counterparts, including electronic transmission (electronic signature or PDF), each of which will

be deemed an original, but all of which together will constitute one and the same instrument.

17.11 Force Majeure: Neither party shall be responsible for failure or delay of performance if caused

by: an act of war, hostility, or sabotage; act of God; pandemic; electrical, internet, or

telecommunication outage that is not caused by the obligated party; government restrictions;

or other event outside the reasonable control of the obligated party. The parties will use

reasonable efforts to mitigate the effect of a force majeure event. If such event continues for

more than 30 days, either party may cancel unperformed services and affected orders upon

written notice. This Section does not excuse the End User’s obligation to pay for the Bizagi Cloud.

17.12 Signature: Original signatures transmitted and received via facsimile or another electronic

transmission of a scanned document, (e.g., .pdf or similar format) are true and valid signatures

for all purposes hereunder and shall bind the Parties to the same extent as original signatures.


BIZAGI MCS TECHNICAL SUPPORT

1. INTERPRETATION: Capitalized terms used but not defined in this Schedule will have the meaning assigned to them in the Subscribtion Agreement.

2. DEFINITIONS 2.1 Bizagi Support Center: means Bizagi secure support site, through which Customers may access

to open Support Tickets and report their Errors or Problems related to Bizagi Services. For

all countries, standard technical support is conducted in English. 2.2 Bizagi Support Personnel: means the Bizagi representatives responsible for handling Technical

Support Tickets. 2.3 Error(s): shall mean one (1) or more reproducible deviations in the standard, unmodified

Services from the applicable specifications shown in the Documentation. 2.4 Fix: means the repair or resolution of a Problem.

2.5 Hours of Operation: For End Users located in the U.S. 8.00 am to 5.00 pm (PST) Monday to Friday, excluding U.S. Federal bank holidays. And for End Users located in the U.K. 8:00 am to 5:00

pm (GMT) Monday to Friday, excluding U.K. public holidays. 2.6 Maintenance Release: shall mean a small update that improves the functionality of Bizagi Cloud

MCS and does not contain any new significant features or enhancements. Maintenance Releases are represented by the number that goes after the second decimal point in the version number. For

example, 10.1.1, 10.1.2 and 10.1.3 are maintenance releases of version 10.1. 2.7 Major Upgrade: shall mean a new subsequent release of Bizagi Cloud MCS which significantly

enhances the Services with qualitative changes in functionality and usability, and major changes in features, functions or performance, and which is designated by a higher number one digit to the left of the decimal (e.g., from version 10.0 to 11.0).

2.8 Minor Upgrade: shall mean a successor version of Bizagi Cloud MCS which improves functionality, and minor changes in features to the Services and which is designated by a higher number one

digit to the right of the decimal (e.g., from version 10.1 to 10.2); 2.9 Support Ticket: means a report of an Error or Problem submitted through Bizagi Support Center. 2.10 Workaround: means an appropriate change in the procedures followed or data supplied by

Customer to avoid a Problem temporarily without substantially impairing Customer’s use of Bizagi Cloud MCS.

3. Standard Technical Support

Subject to the terms hereof, during the term of the applicable Order Form, Bizagi will provide the following standard technical support services to Customer: 3.1 New product versions to keep Bizagi Cloud MCS up-to-date, fixes, security alerts, Maintenance

Releases, Major Upgrades, Minor Upgrades, service packs, documentation updates and basic technical support (No SLAs).

3.2 Unlimited Support Tickets, via Web-based support form only, generic inquiries, general consulting

services, automation assistance, or other general advices are not included.

4. Problem Reporting Prior to submitting a Support Ticket, Customer shall make all reasonable efforts to resolve the Problem without assistance from Bizagi. Customer shall report any Problem encountered to Bizagi by submitting a Support Ticket using the Bizagi Support Center, via a Web-based support form only, there is no


guaranteed response time, and technical support is limited to issues or questions resulting directly out of the operation, implementation or use of Bizagi Cloud MCS. Consequently, generic inquiries, general consulting services, automation assistance, or other general advices are not included.

5. Problem Resolution

5.1 Bizagi shall use commercially reasonable efforts to promptly respond to each Support Ticket, and will use commercially reasonable efforts to promptly resolve each Support Ticket. Actual resolution time will depend on the nature of the Support Ticket and the resolution. A resolution may consist of a Fix, Workaround or other solution in Bizagi's reasonable determination.

5.2 If Bizagi believes that a Problem reported by Customer is not due to a problem in Bizagi Cloud MCS, Bizagi will so notify Customer. At that time, Customer may (i) instruct Bizagi not to pursue

the Problem or (ii) instruct Bizagi to proceed with Problem determination; provided, however, Customer agrees to pay (at Bizagi’s then-current professional services rates) for any work done by Bizagi investigating a Problem that was not a Problem with Bizagi Cloud MCS.

6. Bizagi Support Lifecycle Bizagi reserves the right not to continue offering technical support for some of its products, after 5 years since their initial release, complying with the periods previously contracted. In the event

that Bizagi decides to do so, Bizagi will give notice by means of an announcement on the following link: https://www.bizagi.com/en/buy/bizagi-support-life-cycle with at least 12 months in anticipation. Such announcement will contain the date upon which the product will no longer have technical support, and information regarding the migration options. These publications are subject to change. 7. Exclusions 7.1 Bizagi shall have no obligation to support Problems caused by Customer’s specific enhancements,

or Customer’s negligence, abuse, misapplication or misuse of Bizagi Cloud MCS other than as specified in the Documentation or other causes beyond the control of Bizagi.

7.2 Any problem resulting from third-party hardware or software. 7.3 Problems and errors related to consulting services for process automation that do not correspond

to technical problems caused by Bizagi Cloud MCS. 7.4 Bizagi shall only provide technical support services for the then current version of Bizagi Cloud

MCS. Bizagi will also provide technical support services for a prior release for a period of up to twelve (12) months until the commercial release of the following year’s release.


BIZAGI MODELER COLLABORATION SERVICES SERVICE LEVEL AGREEMENT

1. INTERPRETATION

1.1. The following definitions and rules of interpretation apply in this document.

1.2. This Service Level Agreement “SLA” applies to the Cloud Service, but does not apply to separately

branded services made available connected to the Bizagi Cloud, or to any on-premises software

that is part of any Service. Capitalized terms used but not defined in this Service Level Agreement

will have the meaning assigned to them in the Subscription Agreement.

2. DEFINITIONS

2.1. "Applicable Monthly Period" means, for a calendar month in which a Service Credit is owed,

the number of days that End User has ordered the Cloud Service.

2.2. "Applicable Monthly Service Fees" means the total fees actually paid by the End User for the

Cloud Service that are applied to the month in which a Service Credit is owed.

2.3. “Availability” means the percentage of total time during which the Cloud Service is available to

End User. The term “Availability” also includes total time during which the Cloud Service is

unavailable to End User due to any of the following: (i) End User Data; (ii) a virus, worm, Trojan

horse, or other contaminating or destructive feature contained in End User Data; (iii) failure by

End User to provide adequate desktop computing facilities, or internet connectivity; (iv) Emergency

Maintenance or (v) Scheduled Downtime.

2.4. "Downtime" is the total accumulated minutes during a billing month for a during which the Cloud

Service is unavailable. (i) A minute is considered unavailable if all continuous attempts by End

User to establish a connection to the Service within the minute fail. (ii) Intermittent access for a

period of less than one minute is not counted as Downtime. (iii) Downtime does not include

Scheduled Downtime.

2.5. “Emergency Maintenance” means any time outside of Scheduled Downtime that Bizagi

determines is required to apply urgent patches or fixes, or undertake other urgent maintenance

activities to protect the security, availability or stability of the production environment, when

urgent actions are required in order to respond to unforeseen circumstances outside of Bizagi

control.

2.6. “Incident” means any single event, or any set of events, that result in Downtime.

2.7. “Main Agreement” the Subscription Agreement to which this schedule relates.

2.8. “Monthly Uptime Percentage” means total number of minutes in a calendar month, minus the

Downtime, divided by the total number of minutes in a month. Represented by the following

formula: Monthly Uptime Percentage (%) = (Total minutes in billing month -Downtime) / Total

minutes in calendar month. Monthly Uptime Percentage measurements exclude downtime

resulting directly or indirectly from any Cloud Service Exclusion (defined under section 5).


2.9. “Scheduled Downtime” means periods of Downtime related to maintenance or upgrades. Bizagi

will publish notice or notify the End User at least five (5) days prior to the commencement of such

Downtime.

2.10. "Service Credits" has the meaning given to it in Section 3.2. of this schedule.

2.11. “SLA Commitment” shall have the meaning set forth in Section 3.1.

3. SERVICE LEVEL COMMITMENT

3.1. Bizagi will provide a Monthly Uptime Percentage of 99,9% to the End User for the Cloud Service

during each calendar month.

3.2. Service Credit

3.2.1. If Bizagi does not achieve the SLA Commitment in any given calendar month, then the End

User will be eligible to receive Service Credits towards the monthly service fees paid.

3.2.2. The following service credits are applicable to End User’s use of the Cloud Service:

Monthly Uptime Percentage Service Credit

< 99.9% 10%

< 99% 25%

3.2.3. The parties acknowledge that each Service Credit is a genuine pre-estimate of the loss likely

to be suffered by the End User and not a penalty. 3.2.4. The provision of a Service Credit set forth herein represent End User’s sole and exclusive

remedy if Bizagi does not achieve the SLA Commitment. End User may not unilaterally offset its Service Fees for any availability issues.

3.2.5. End User will receive a service credit directly from the Reseller as a deduction from the amount due from the End User to Reseller in the next invoice then due to be issued under the Subscription Agreement. Bizagi shall not in any circumstances be obliged to pay any money or make any refund to the End User.

3.2.6. Without prejudice to the foregoing, if a Service Credit cannot be applied to a future Subscription Fee due to nonrenewal or termination of the Agreement, Bizagi will pay End User the amount of the service credit through the Reseller; payment terms are net sixty

(60) days after (i) Bizagi’s receipt of notice of nonrenewal or (ii) termination of the Agreement, as applicable.

3.2.7. The Service Credits awarded in any calendar month will not, under any circumstance, exceed the Applicable Monthly Services Fees.

3.2.8. Bizagi will use Monthly Uptime Percentage reports to administer the SLA Commitment and

apply service credits accordingly with no action needed from End User. However, Bizagi

recommends that End User notify Bizagi technical support personnel within five (5) business

days from the date of the Incident it first believes entitles it to receive a Service Credit. In

the event of a discrepancy between Bizagi’s Uptime Percentage reports and End User’s

perception of system uptime, Bizagi will use log files, database records, audit logs, and any

other information available to validate claims and make a good faith judgment on the

applicability of the SLA Commitment to the applicable Incident. Bizagi shall make

information used to validate a claim made under this SLA available for auditing by End User

at End User’s reasonable request. If End User, after examination of such files, records, etc.,

continues to believe there is a discrepancy, End User shall provide Bizagi a detailed

description of the circumstances in which End User was unable to access the Service and

substantiating documents that Bizagi may reasonably request. If End User fails to comply

with these reporting requirements, Bizagi has no obligation to provide a Service Credit for

the applicable month beyond any Service Credit owing based on Bizagi records.

4. EXCLUSIONS

4.1. The SLA Commitment does not apply to any performance or availability issues:

4.1.1. Due to factors outside Bizagi’s reasonable control (for example, natural disaster, war, acts

of terrorism, riots, government action, law enforcement activity, or a network or device


failure external to Bizagi’s data centers, including at End User’s site or between End User’s

site and End User’s data center);

4.1.2. Any time the Cloud Service is not available as a result of Scheduled Downtime activities,

Emergency Maintenance, End User initiated maintenance or any other agreed-to scheduled

downtime activity;

4.1.3. That result from the use of Bizagi Cloud, hardware, or software not provided by Bizagi,

including, but not limited to, issues resulting from inadequate bandwidth or related to third-

party software or services;

4.1.4. Caused by End User’s use of a Service after Bizagi advised the End User to modify its use

of the Service, if the End User did not modify its use as advised;

4.1.5. That result from modifications or plug-ins to the Cloud Service, or unsupported

programming, unsupported integrations or malicious activities;

4.1.6. That result from End User’s unauthorized action or lack of action when required, or from

End User’s employees, agents, contractors, or vendors, or anyone gaining access to the

Cloud Service by means of End User’s passwords or equipment, or otherwise resulting from

End User’s failure to follow appropriate security practices;

4.1.7. Actions of third parties, including but not limited to security compromises, denial of service

attacks and viruses;

4.1.8. That result from End User’s content, End User’s applications or third party content;

4.1.9. That result from using the Cloud Service contrary to the then current Documentation;

4.1.10. That result from the End User’s failure to adhere to any required configurations, use

supported platforms, follow any policies for acceptable use, or End User’s use of the Service

in a manner inconsistent with the features and functionality of the Service (for example,

attempts to perform operations that are not supported) or inconsistent with our published

guidance;


BIZAGI MODELER COLLABORATION SERVICES DATA SECURITY

1. Bizagi Authorized Personnel: means Bizagi employees who have a need to know or otherwise

access End User Data to enable Bizagi to perform its obligations under this Subscription Agreement.

2. Security Standards

2.1. Data encryption

2.1.1. End User Data will be stored in encrypted form. Encryption solutions will be performed at

the page level. The pages in an encrypted database are encrypted before they are written

to disk and decrypted when read into memory.

2.2. Data security

2.2.1. Confidentiality, integrity and accessibility of End User data will be preserved with

administrative, technical and physical measures that conform to best practices and

industry-accepted level of security.

2.2.2. Maintenance of a secure environment for the End User includes but is not limited to the

timely application of patches, fixes and updates to operating systems, services, and

applications as employed by the Cloud Service as defined in the Technical support

document.

2.3. Server Security

2.3.1. Data repositories containing End User Data shall be maintained by Authorized personnel

who have passed sufficient background investigations that revealed no occurrences of

criminal convictions or fraud.

2.3.2. Bizagi has established and follows server configuration guidelines and processes with the

intent to prevent unauthorized access to End User Data.

2.3.3. Bizagi has established and follows configuration change management procedures for its

servers containing End User Data.

2.3.4. Bizagi has established and follows backup and restore procedures for servers containing

End User Data.


2.3.5. Bizagi has established and follows service level agreements governing backup and retrieval

of End User data.

2.3.6. Data repositories containing End User Data have isolation measures which control that:

2.3.6.1. There is no access from a End User environment to another End User environment.

2.3.6.2. There is no access from a End User environment to anything outside its scope,

including its host machine.

2.4. Network Security

2.4.1. Network architecture must be designed to limit site access and restrict the availability of

information services that are considered to be vulnerable to attack.

2.4.2. Firewalls shall limit application network traffic to standard network ports solely on an as

needed basis.

2.4.3. Private IP network addresses are used within the network utilized by the service.

2.4.4. Bizagi shall utilize Transport Layer Security certificates for availability of the service to the

End User.

2.4.5. End User Data transmitted to and from the network shall be sent over encrypted medium

or an encrypted format.

2.4.6. Application and database servers have proper segregation following industry-accepted

practices of high standards.

2.4.7. The network architecture utilizes multi-layer firewalls with all network access logged and

reviewed on a regular basis.

2.4.8. The network uses Intrusion Detection System technologies for network intrusion detection

and all inbound and outbound connections to the internet or intranet must have an IDS

network appliance.

2.4.9. Systems containing End User Data shall only be accessible from authorized resources and

Authorized Personnel.

2.4.10. Network architecture implements isolation for the different End User environments which

control that:

2.4.10.1. There is no communication between a End User network to eavesdrop traffic

on another End User network;

2.4.11. Firewalls provide network packet filtering to control that an untrusted machine cannot:

2.4.11.1. Generate spoofed traffic;

2.4.11.2. Receive traffic not addressed to it;

2.4.11.3. Direct traffic to protected infrastructure endpoints;

2.4.11.4. Send nor receive inappropriate broadcast traffic.

2.5. Physical Security

2.5.1. Data Centers must have an established physical security policy which includes:

2.5.1.1. 24x7 site monitoring; and

2.5.1.2. Site entry control system using multi-factor authentication, in order to gain

access to server areas;

2.5.2. Internal site activity monitoring conducted 24x7 using video and environmental sensing

technology including:

2.5.2.1. Humidity and moisture control;

2.5.2.2. Fire and smoke detectors;

2.5.2.3. Fire alarms and extinguishing agents; and

2.5.2.4. Logs of all user access to the service’s data center.

2.5.3. Policies, standards and guidelines

2.5.3.1. Bizagi has policies, standards and procedures in place establishing the

expectations of the company and its information systems.

2.5.4. Activity logging

2.5.4.1. Where technically available, for systems, applications, data repositories,

middleware and network infrastructure devices, Bizagi will maintain logs of its

activity.


2.5.4.2. Logs are analyzed in real-time and via periodic analysis reports to look for

anomalous behavior.

2.5.4.3. Operations staff is alerted to anomalies.

3. EXCLUSIONS

3.1. Bizagi shall have no liability for any incidents involving disclosure of End User Data, which arise

out of the following inadequate use of authorized end user accounts of End User applications: The

End User is solely responsible for configuring, operating, maintaining, and securing access to the

Cloud Service and its content, by managing End User accounts in the identity management system,

and enforcing use of strong password policies, enforcing account lockout policies, defining access

rights for these accounts, and configuring adequate session expiration.

Documents

BIZAGI MODELER COLLABORATION ... - download.bizagi…download.bizagi.com/docs/MCS Subscription Agreement-Reseller.pdf · Bizagi MCS Subscription Agreement 5.4. The Modeler’s interface