Legal

  • Terms and Conditions
  • Privacy Policy
  • Trademark and Copyright Usage 
  • Main Services Agreement
  • Terms of Service
    Welcome to Salesforce. We’re glad you’re here, and we hope you enjoy everything we have to offer. Please read these Terms carefully because they are a binding agreement between You and Salesforce.com, inc., (“Salesforce” or “We”). These Terms govern your use of the websites that link to these Terms. In these Terms, the word “Sites” refers to each of these websites and the services offered on those Sites. You automatically agree to these Terms and to our Privacy Statement simply by using or logging into the Sites. Please note that we offer many services. Your use of Salesforce products or services are provided by Salesforce pursuant to a separate manually or digitally-executed agreement. Those additional terms become part of your agreement with us, if you use the services or log into the Sites.
  • A. Your Accounts
    You may be required to create an account and specify a password in order to use certain services or features on the Sites. To create an account, you must be at least 18 years old and you must provide truthful and accurate information about yourself. Don’t try to impersonate anyone else when you create your account. If your information changes at any time, please update your account to reflect those changes. In some cases, an account may be assigned to you by an administrator, such as your employer or educational institution. If you are using or logging into an account assigned to you by an administrator, additional terms may apply to your use of the Sites. Moreover, your administrator may be able to access or disable your account without our involvement. You may not share your account with anyone else. Please keep your password confidential, and try not to use it on other websites. If you believe that your account has been compromised at any time, please notify your system administrator.
  • B. Success Community
    Please note that if you register for Dreamforce, log into the Help and Training portal, the AppExchange, Success Community or Partner Community on our Sites and don’t already have a Success Community Account, we will automatically create a Success Community Account for you. The personal information (such as name, company information, photos etc.) that may be collected during the course of registering for Dreamforce, logging into the Help and Training portal, the AppExchange, Success Community or Partner Community sites may be used or shared with our group companies or our agents for the purpose of improving quality of our services. If you request information about or access those partners’ products or services on the AppExchange you agree to have your personal information shared with Salesforce partners for marketing purposes. The Success Community is a free site created for Salesforce customers, partners, prospects, and attendees of certain events. The Success Community is subject to the Event Terms of Service and the Success Community Terms, including the Success Community Participation Guidelines. Please read those carefully. Your first name and last name may be displayed on your on your Success Community account, which is visible to other members of the Success Community. Your Success Community account is for your use only and cannot be shared or used by anyone else. You are solely responsible for maintaining the confidentiality of your Success Community username and password, and are entirely responsible for any and all activities under your Success Community account. You agree to notify Salesforce immediately of any unauthorized use or any other breach of security involving your username and password or account. Salesforce will not be liable for any loss incurred as a result of an unauthorized use of a username/password or account. You acknowledge and agree that the Success Community and other similar forums are public spaces and that your participation in such communities creates no expectation of privacy. Further, you acknowledge that any Content you communicate in a community may be seen and used by others. You understand that our staff, outside contributors, or other users connected with us may participate in communities or other aspects of the Sites and may employ anonymous user names when doing so. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONAL INFORMATION OR OTHER CONTENT PUBLICLY AVAILABLE IN A COMMUNITY OR OTHERWISE ON OR THROUGH THE SITES, YOU DO SO AT YOUR OWN RISK.
  • C. Modifications and Termination
    We reserve the right to modify our Sites at any time, with or without notice to you. For example, we may add or remove functionality or features, and we may suspend or stop a particular feature altogether. We also reserve the right to charge a fee for any of our features at any time. If you don’t like any changes, you can stop using our Sites at any time.
  • D. Content You Post
    We may provide opportunities for you to post text, photographs, videos, or other content (collectively, “Content”) on the Sites. You can only post Content if you own all the rights to that Content, or if another rights holder has given you permission. You do not transfer ownership of your Content simply by posting it. However, by posting Content, you grant us, our agents, licensees, and assigns an irrevocable, perpetual (non-exclusive) right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use your Content. Without those rights, we couldn’t offer our Services. Please note that this license continues even if you stop using our Sites. You agree to indemnify, release, and hold us harmless from any all liability, claims, actions, loss, harm, damage, injury, cost or expense arising out of any Content you post. Keep in mind that if you send us any information, ideas, suggestions, or other communications to us, those communications will not be confidential. Moreover, unless we tell you otherwise, we reserve the right to reproduce, use, disclose, and distribute such communications without any obligation to you.
  • E. Content Posted by Others
    We are not responsible for, and do not endorse, Content posted by any other person. Accordingly, we may not be held liable, directly or indirectly, for any loss or damage caused to you in connection with any Content posted by another member.
  • F. Your Use of the Sites
    Please do not use the Sites in a way that violates any laws, infringes on anyone’s rights, is offensive, or interferes with the Sites or any features on the Sites (including any technological measures we employ to enforce these Terms). It should be common sense, so we won’t bore you with a list of things you shouldn’t do. But if we (in our sole discretion) determine that you have acted inappropriately, we reserve the right to take down Content, terminate your account, prohibit you from using the Sites, and take appropriate legal actions. Using our Site does not give you ownership of any intellectual property rights to the content you access. You may not use content from our Sites unless you obtain permission from us or its owner, or unless you are otherwise permitted by law. When you use a Site or send communications to us through a Site, you are communicating with us electronically. You consent to receive electronically any communications related to your use of a Site. We may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from us intended for receipt by you shall be deemed delivered and effective when sent to the email address you provide to us. Please note that by submitting Content, creating a user account or otherwise providing us with your email address, postal address or phone number, you are agreeing that we or our agents may contact you at that address or number in a manner consistent with our Privacy Statement.
  • G. Intellectual Property
    If you believe any Content on the Services infringes your copyrights, you may request that remove the Content from the Services (or disable access to that Content) by following the instructions on this page. You can find our Trademark and Copyright Usage Guidelines on this page and our Permission to Use Trademark and/or Copyrighted Work Form on this page.
  • H. Social Networks
    The Service may include features that operate in conjunction with certain third party social networking websites that you visit such as Facebook, Instagram, YouTube, Vimeo, and Twitter (“Social Network Features”). While your use of the Social Network Features is governed by these Terms, your access and use of third party social networking sites and the services provided through the Services is governed by the terms of service and other agreements posted on these sites. You are responsible for ensuring that your use of those sites complies with any applicable terms of service or other agreements.
  • I. Our Warranties and Disclaimers
    We provide our Services using a commercially reasonable level of care and promise to do our best to make sure you enjoy the Services. But there are certain things that we don’t promise about our Services. OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OF SERVICE, NEITHER SALESFORCE.COM, INC. NOR ITS AGENTS OR SERVICE PROVIDERS (THE “SERVICES ENTITIES”) MAKE ANY SPECIFIC PROMISES ABOUT THE SITES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SITES, THE SPECIFIC FUNCTION OF THE SITES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SITES “AS IS”. SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
  • J. Liability for our Services
    EXCEPT WHERE PROHIBITED, THE SERVICES ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SITES OR ANY THIRD PARTY’S USE OF THE SITES. THESE EXCLUSIONS INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, COMPUTER FAILURE, OR THE VIOLATION OF YOUR RIGHTS BY ANY THIRD PARTY, EVEN IF THE SERVICES ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED.
  • K. Additional Details
    We may modify these Terms at any time so be sure to check back regularly. By continuing to use or log in to a Site after these Terms have changed, you indicate your agreement to the revised Terms. If you do not agree to the changes, you should stop using or logging in to the Sites. The Sites may contain links to third-party websites. That doesn’t mean that we control or endorse those websites, or any goods or services sold on those websites. Similarly, the Sites may contain ads from third-parties. We do not control or endorse any products being advertised. If you do not comply with these Terms, and we don’t take action right away, this doesn’t mean we’re OK with what you did, or we are giving up any rights that we may have (such as taking action in the future). These Terms are governed by and construed in accordance with the laws of California, without regard to its conflict of laws rules. You expressly agree that the exclusive jurisdiction for any claim or dispute under these Terms and or your use of the Services resides in the courts located in San Francisco, California, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action. If it turns out that a particular provision in these Terms is not enforceable, that will not affect any other provision. Salesforce accepts and responds to any requests such as disclosure, correction, addition, or deletion and veto of use or provision of personal information (the “Disclosure Requests”) from the person who provided his/her personal information. For detailed procedures of disclosure request, please refer to the Salesforce’s Basic Personal Information Protection Policy (http://www.salesforce.com/jp/company/personalinfo.jsp). Contact for inquiries regarding Personal Information Handling: (Japan Chief Privacy Officer) privacymark@salesforce.com These terms were last updated on June 9, 2016.
  • Tenderize Privacy Statement, effective as of March 1, 2023
    At Tenderize, trust is our #1 value. This Privacy Statement describes how Tenderize and its affiliates collect, use, share or otherwise processes information relating to individuals (“Personal Data”) and the rights associated with that processing. A reference to “Tenderize,” “we,” “us” or the “Company” is a reference to Tenderize. and its relevant affiliates involved in the collection, use, sharing, or other processing of Personal Data.
  • 1. Responsible Tenderize entity
    Tenderize and/or its affiliated entities are responsible for the processing of your Personal Data as described in this Privacy Statement, unless specified otherwise, and act as the controller of such Personal Data. This Privacy Statement does not apply to the extent we process Personal Data in the role of a processor or service provider on behalf of our customers, including where we offer to our customers various products and services through which our customers (or their affiliates):
    (i) create their own websites and applications running on our platforms;
    (ii) sell or offer their own products and services;
    (iii) send electronic communications to others; or
    (iv) otherwise collect, use, share or process Personal Data via our products and services.
    For detailed privacy information related to a Tenderize customer or a customer affiliate who uses Tenderize products and services as the controller, please contact our customer directly. We are not responsible for the privacy or data security practices of our customers, which may differ from those explained in this Privacy Statement. For more information, please also see Section 10.3 below.
  • 2. Processing activities covered
    This Privacy Statement applies to the processing of Personal Data collected by us when you: Visit our websites that display or link to this Privacy Statement; Visit our branded social media pages; Visit our offices; Receive communications from us or otherwise communicate with us, including but not limited to emails, phone calls, texts or faxes; Use our products and services where we act as a controller of your Personal Data; Register for, attend or take part in our events, webinars, programs, trainings, certifications or contests; Act as or work for a service provider or supplier to Tenderize, to the extent Tenderize acts as a controller with respect to your Personal Data; Are employed by a customer of our products and services where your information has been shared with us in our capacity as a controller (for example, during the contracting process); Participate in surveys, research or other similar data collection facilitated by us. When applications, connectors, extensions or other solutions are provided by us and they link to this Privacy Statement, this Privacy Statement applies. When these offerings are provided by third parties, the privacy statement of the third party applies and this Privacy Statement does not. Our websites and services may contain links to other websites, applications, platforms and services maintained by third parties. The information practices of these third parties, including the social media platforms that host our branded social media pages, are governed by their privacy statements, which you should review to better understand their privacy practices. In some circumstances, we also collect, or our partners provide us with, publicly available information which may contain Personal Data that you have published or that has been made available online. The way in which our partners collect this is detailed in their own privacy policies, available on their websites.
  • 3. What Personal Data do we collect?
    3.1 Personal Data we collect directly from you The Personal Data we collect directly from you may include identifiers, professional or employment-related information, financial account information, commercial information, visual information, and internet activity information, among others. We may collect such information in the following situations:
    Situations Categories of Personal Data If you express an interest in obtaining additional information about our services; request customer support (including accessing the Help and Training Portal); use our “Contact Us” or similar features; register to use our websites or to receive communications; sign up for an event, webinar or contest; participate in a program, training, certification or survey; use our products and services; download certain content; or are employed by a customer of our products and services where your information has been shared with us Contact information, such as your name, job title, company name, address, phone number, email address, username and password, other information you have voluntarily chosen to share If you make purchases via our websites or register for an event or webinar Contact information, financial and billing information, such as billing name and address, credit card number or bank account information If you attend an event Attendee badge information which may include name, title, company name, address, country, phone number and email address, image and video
    During the Covid-19 pandemic, this may also include health status, including your temperature, COVID-19-related symptoms, exposure to COVID-19 positive individuals, vaccination status, testing results, and recent travel history
    If you register with us for a variety of purposes, including joining a community that we host or participating in a program, training or certification Username, photo, video or other biographical information, such as your occupation, location, social media profiles or usernames, company name, areas of expertise and interests If you interact with our websites or emails Information about your device and your usage of our websites or emails (such as Internet Protocol (IP) addresses or other identifiers), which may qualify as Personal Data (please see Section 4 below) using cookies, web beacons, or similar technologies If you use and interact with our products and services Information about your device and your usage of our services through log files and other technologies, some of which may qualify as Personal Data (including Usage Data) (please see Section 4 below) If you communicate with us via a phone call Information such as your name, voice and any other Personal Data voluntarily share If you visit our offices Name, email address, phone number, company name, time and date of arrival, image or video
    During the Covid-19 pandemic, this may also include health status, including your temperature, COVID-19-related symptoms, exposure to COVID-19 positive individuals, vaccination status, testing results, and recent travel history
    If you voluntarily submit certain information to us, such as filling out a survey, responding to a questionnaire or participating in other forms of research Information you have provided as part of that request, which may include Personal Data and special categories of Personal Data, to the extent you voluntarily choose to provide it.
    If you are a supplier or service provider to Salesforce (or work for a supplier or service provider) Contact information, payment and billing information If you provide us, our service providers or our affiliates with any Personal Data relating to other individuals, you represent that you have the authority to do so, and where required, have obtained the necessary consent, and acknowledge that it may be used in accordance with this Privacy Statement. If you believe that your Personal Data has been provided to us improperly, or want to exercise your rights relating to your Personal Data, please contact us by using the information in Section 13 below.
    3.2 Personal Data we collect from other sources
    We also collect information about you from other sources including partners from whom we collect or purchase Personal Data, or who provide us with publicly available information which may contain Personal Data. We may combine this information with Personal Data provided by you.
    Provision of the services:
    The Personal Data we collect to provide our products and services may include information you have made publicly available online (such as when using social media sites) or that is published by third parties and contains information about you (such as news articles). For a select number of services, we collect this Personal Data from partners who may receive this data when you visit or use their services or through the third parties they work with. We analyze this information to enable our customers to assess the success of their brands.
    In addition, the Personal Data we collect to provide our products and services may include location information from third parties, which helps us offer features like identity management and multi-factor authentication. Advertising: The Personal Data we collect from other sources for the purposes of tailored advertising includes identifiers, professional or employment-related information, education information, commercial information, visual information, internet activity information, and inferences about preferences and behaviors. We collect this from third party providers of business contact information, including mailing addresses, job titles, email addresses, phone numbers, intent data (or user behavior data), IP addresses, social media profiles, LinkedIn URLs and custom profiles for purposes of targeted advertising, delivering relevant email content, event promotion and profiling, determining eligibility and verifying contact information. This helps us update, expand, and analyze our records, identify new customers, and create more tailored advertising to provide services that may be of interest to you.
    Additional sources: In addition to the aforementioned, we collect Personal Data from the following sources:
    Another individual at your organization who may provide us with your personal information, which may include Personal Data and special categories of Personal Data, to the extent you consent to providing it and sharing it, for the purposes of obtaining services and assessing our goals related to encouraging diversity within our vendors; and
    Platforms such as GitHub to manage code check-ins and pull requests. If you participate in an open source or community development project, we may associate your code repository username with your community account so we can inform you of program changes that are important to your participation or relate to additional security requirements.
  • 4. What Device and Usage Data do we process?
    We use common information-gathering tools, such as tools for collecting data, cookies, web beacons, pixels, and similar technologies to collect information that may contain Personal Data as you navigate our websites, our services, or interact with emails we have sent to you. 4.1 Device and usage data as is true of most websites, we gather certain device information when individual users visit our websites. This information may include identifiers, commercial information, and internet activity information such as IP address (or proxy server information), device and application information, identification numbers and features, location, browser type, plug-ins, integrations, Internet service provider, mobile carrier, the pages and files viewed, searches, referring website, app or ad, operating system, system configuration information, advertising and language preferences, date and time stamps associated with your usage, and frequency of visits to the websites. This information is used for the purposes set out in section 5 of this Privacy Statement below. In addition, we gather certain information as part of your use of our products and services (“Usage Data”). This information may include: (i) identifiers, such as user ID, organization ID, username, email address and user type; (ii) commercial information; and (iii) internet activity information such as IP address (or proxy server), mobile device number, device and application identification numbers, location, language, browser type, Internet service provider or mobile carrier, user interactions such as the pages and files viewed, website and webpage interactions including searches and other actions you take, operating system type and version, system configuration information, date and time stamps associated with your usage and details of which of our products and product versions you are using. This information is used for the purposes set out in detail in section 5 of this Privacy Statement below. In addition, we may use aggregated Usage Data for other internal business purposes, such as to identify additional customer opportunities and to ensure that we are meeting the demands of our customers and their users. Please note that this Usage Data is primarily used to identify the uniqueness of each user logging on (as opposed to specific individuals), apart from where it is strictly required to identify an individual for security purposes or as required as part of our provision of the services to our customers. For more information regarding Tableau specifically, please see here and here. 4.2 Cookies, web beacons and other tracking technologies on our website and in email communications We use technologies such as web beacons, pixels, tags, and JavaScript, alone or in conjunction with cookies, to gather information about the use of our websites and how people interact with our emails. When you visit our websites, we, or an authorized third party, may place a cookie on your device that collects information, including Personal Data, about your online activities over time and across different sites. Cookies allow us to track use, infer browsing preferences, and improve and customize your browsing experience. We use both session-based and persistent cookies on our websites. Session-based cookies exist only during a single session and disappear from your device when you close your browser or turn off the device. Persistent cookies remain on your device after you close your browser or turn your device off. To change your cookie settings and preferences for one of our websites, click the Cookie Preferences link in the footer of the page. You can also control the use of cookies on your device, but choosing to disable cookies on your device may limit your ability to use some features on our websites and services. We also use web beacons and pixels on our websites and in emails. For example, we may place a pixel in a marketing email that notifies us when you click on a link in the email. We use these technologies to operate and improve our websites and marketing emails – please see more details in the “Advertising Cookies” row in the table below. For instructions on how to unsubscribe from our marketing emails, please see Section 10.4 below. The following describes how we use different categories of cookies and similar technologies and your options for managing the data collection settings of these technologies: Type of Cookies Description Managing Settings Required cookies Required cookies are necessary for basic website functionality. Some examples include: session cookies needed to transmit the website, authentication cookies, and security cookies. If you have chosen to identify yourself to us, we may place on your browser a cookie that allows us to uniquely identify you when you are logged into the websites and to process your online transactions and requests. Because required cookies are essential to operate the websites, there is no option to opt out of these cookies. Functional cookies Functional cookies enhance functions, performance, and services on the website. Some examples include: cookies used to analyse site traffic, cookies used for market research, and cookies used to display advertising that is not directed to a particular individual. Functional cookies may also be used to improve how our websites function and to help us provide you with more relevant communications, including marketing communications. These cookies collect information about how our websites are used, including which pages are viewed most often. We may use our own technology or third-party technology to track and analyse usage information to provide enhanced interactions and more relevant communications, and to track the performance of our advertisements. These technologies differ from browser cookies in the amount and type of data they store, and how they store it. We need your prior consent to use functional cookies. To learn how to manage privacy and storage settings for Flash cookies, click here. Advertising cookies Advertising cookies track activity across websites to understand a viewer’s interests and to direct marketing to them. We sometimes use cookies delivered by us or by third parties to show you ads for our products that we think may interest you on devices you use and to track the performance of our advertisements. For example, these cookies collect information such as which browser you used when visiting our websites. Tenderize may also contract with third-party advertising networks that collect IP addresses and other information from web beacons on our websites, from emails and on third-party websites. Advertising networks follow your online activities over time and across different websites or other online services by collecting certain data through automated means, including using cookies. These technologies may recognize you across the different devices you use. When we work with third party advertising networks, we require them to restrict their data processing to only what is necessary to provide us with the advertising services we request. We need your prior consent to use of targeting and advertising cookies. To change your cookie settings and preferences, including those for targeting and advertising cookies, click the Cookie Preferences link in the footer of the page. See Section 4.3, below, to learn more about these and other advertising networks and your ability to opt out of collection by certain third parties. As described above, we or one of our authorized partners may place or read cookies on your device when you visit our websites for the purpose of serving you targeted advertising (also referred to as “online behavioural advertising” or “interest-based advertising”). To learn more about targeted advertising and advertising networks, please visit the opt-out pages of the Network Advertising Initiative, here, and the Digital Advertising Alliance, here. To opt-out of targeted advertising that is provided to us and to third parties email us to fulfil the request. To manage the use of targeting and advertising cookies on this website, click the Cookie Preferences link in the footer of the page or consult your individual browser settings for cookies. To learn how to manage privacy and storage settings for Flash cookies, click here. 4.4 Opt-Out from the setting of cookies on your individual browser In addition to using the user preference centre, in many cases you may opt-out from the collection of non-essential device data on your web browser (see Section 4.1 above) by managing your cookies at the browser or device level. In addition, if you wish to opt-out of interest-based advertising, click here (or, if located in the European Union or United Kingdom, click here). Please note, however, that by blocking or deleting cookies and similar technologies used on our websites, you may not be able to take full advantage of the websites. While some internet browsers offer a “do not track” or “DNT” option that lets you tell websites that you do not want to have your online activities tracked, these features are not yet uniform and there is no common standard adopted by industry groups, technology companies, or regulators. Therefore, we do not currently commit to responding to browsers’ DNT signals with respect to our websites. Tenderize takes privacy and meaningful choice seriously and will make efforts to continue to monitor developments around DNT browser technology and the implementation of a standard. 4.5 Social Media Features Our websites may use social media features, such as the “Tweet” button and other sharing widgets (“Social Media Features”). Social Media Features may allow you to post information about your activities on our website to outside platforms and social networks. Social Media Features may also allow you to like or highlight information we have posted on our website or our branded social media pages. Social Media Features are either hosted by each respective platform or hosted directly on our website. To the extent the Social Media Features are hosted by the platforms themselves, and you click through to these from our websites, the platform may receive information showing that you have visited our websites. If you are logged in to your social media account, it is possible that the respective social media network can link your visit to our websites with your social media profile. Tenderize also allows you to log in to certain of our websites using sign-in services. These services authenticate your identity and provide you the option to share certain Personal Data from these services with us such as your name and email address to pre-populate our sign-up form. Your interactions with Social Media Features are governed by the privacy policies of the companies providing them. 4.6 Telephony log information If you use certain features of our services on a mobile device, we may also collect telephony log information (like phone numbers, time and date of calls, duration of calls, SMS routing information and types of calls), device event information (such as crashes, system activity, hardware settings, browser language), and location information (through IP address, GPS, and other sensors that may, for example, provide us with information on nearby devices, Wi-Fi access points and cell towers)
  • 5. Purposes for which we process Personal Data and the legal bases on which we rely
    We collect and process your Personal Data (including, where legally permissible, special categories of Personal Data) for the following purposes and relying on the following legal bases: Purpose Description Legal basis Websites and social media branded pages Providing our websites (including our social media pages) We process your Personal Data to operate and administer our websites and to provide you with the content you access and request Our legitimate interest in providing online content to our customers and prospective customers regarding our service offering and related information Improving our websites We process your Personal Data to analyze overall trends and help us improve the user experience on our websites Our legitimate interest in providing a relevant and well-functioning website for the benefit of our website visitors Promoting the security of our websites We process your Personal Data by tracking use of our websites and verifying and investigating activity Our legitimate interest in promoting the safety and security of our websites and in protecting our rights and the rights of others Displaying personalized advertisements and content We process your Personal Data to conduct market research, advertise to you, provide personalized information about us on and off our websites and to provide other personalized content based upon your activities and interests Our legitimate interest in advertising our products and services or, where necessary, to the extent you have provided your prior consent Please see Section 10 below, to learn how you can control the processing of your Personal Data by Salesforce for personalized advertising purposes Office visitors and events Registering visitors We process your Personal Data, including registration information and associated non-disclosure information, for security reasons Our legitimate interest in protecting our offices, staff, visitors and our confidential information against unauthorized access Managing event registrations and attendance We process your Personal Data to plan and host events or webinars for which you have registered or that you attend, including sending related communications to you Performance of a contract or where we receive your consent Ensuring the health and safety of our visitors and employees We process your Personal Data (which may include special categories of Personal Data) (where legally permitted) during office visits and at events during the COVID-19 pandemic to ensure the health and safety of our visitors and employees Consent and explicit consent or in our legitimate interest to ensure the health of our employees and visitors where necessary for reasons of public interest in the area of public health Communications Sending communications We process your Personal Data to send you marketing information, product recommendations and other non-transactional communications (e.g., marketing newsletters, telemarketing calls, SMS or push notifications, information about our products, news or events) about us, our affiliates and partners Our legitimate interest in conducting direct marketing or where you have provided your prior consent (please see Section 10 below to learn how you can control the processing of your Personal Data by Salesforce for marketing purposes) Recording phone calls We process your Personal Data, including recording phone calls (in accordance with applicable laws) for training, quality assurance, and administration purposes If required under applicable law, we will give you the option to object to a call being recorded Consent or our legitimate interest in maintaining the high quality of our phone calls with users Handling contact and user support requests We process your Personal Data, if you fill out a “Contact Me” web form or request user support, or if you contact us by other means including but not limited to via phone Necessary for the performance of a contract or our legitimate interest in fulfilling your requests and communicating with you Salesforce products and services Providing our services We process your Personal Data to perform our contract with you for the provision of our services and to satisfy our obligations under the applicable terms of use Necessary for the performance of a contract or our legitimate interest to provide and administer our services Optimising the performance of the services We process your Personal Data to optimise or improve the performance of the services Legitimate interest to ensure that the service is performing in line with customer expectations; if special categories of Personal Data are processed, where the Personal Data is manifestly made public by the data subject Managing our customer and user accounts We process your Personal Data (including Usage Data) to manage customer and user accounts generally, such as billing, customer correspondence and customer relationship management Necessary for the performance of a contract or our legitimate interest in the management of customer and user accounts Managing usage and licensing compliance We process your Personal Data (including Usage Data) to assess and manage usage and licensing compliance with the applicable terms of use of our services Necessary for the performance of a contract or our legitimate interest in managing the provision of our services to customers Preparing internal reports and business modeling We process your Personal Data (including Usage Data) for internal reporting and business modeling purposes (e.g., forecasting, revenue, capacity planning, product strategy) Our legitimate interest in the management of our business operations Maintaining our security We process your Personal Data (including your Usage Data) for the purposes of maintaining Salesforce’s own security, including investigating, detecting and preventing suspicious activity, fraud and cybercrime that may affect Salesforce or its services Our legitimate interest in promoting the safety and security of Salesforce generally and to protect our rights and the rights of others Managing compensation for employees We process your Personal Data (including your Usage Data) for the purposes of determining compensation for Salesforce employees, such as commission Necessary for the performance of a contract with an employee or our legitimate interest in fairly compensating our employees Undertaking financial reporting We process your Personal Data (including your Usage Data) for the purposes of financial reporting Our legitimate interest in meeting our obligations associated with the reporting of our finances Aggregating data We process your Personal Data (including your Usage Data) for the purposes of aggregating this information to ensure that it is no longer identifying Our legitimate interest in minimising the amount of Personal Data processed as part of the noted processing activity Webinars, programs, trainings, certifications and contests Managing, and participating in, webinars, contests, programs, training, certifications or promotions We process your Personal Data if you register for a webinar, contest, promotion, training, certification or a program. Some webinars, contests, programs, trainings, certifications and promotions have additional rules containing information about how we will process your Personal Data Necessary for the performance of a contract or where we seek your consent Other data collection Managing payments If you have provided financial information to us, we process your Personal Data to verify that information and to collect payments to the extent that doing so is necessary to complete a transaction and perform our contract with you Necessary for the performance of a contract Administering surveys and conducting research We process your Personal Data (including, where legally permitted, special categories of Personal Data) in order to meet the goals set out in surveys or research as well as to analyse our compliance with internal policies Consent or explicit consent (if required under applicable law) or our legitimate interest in conducting the survey or research based on its stated goals (where no special categories of Personal Data are in scope) Participating in a Salesforce community, such as that focused on open-source development We process your Personal Data, such as your username associated with your community account, in order to host and maintain the community for the benefit of its members Our legitimate interest in hosting and maintaining such a community for the benefits of its members, as well as in order to inform you of program changes that are important to your participation or relate to additional security measures Collecting diversity information We process your Personal Data (including special categories of Personal Data) to the extent you voluntarily consent to provide it to meet our broader community goals related to diversity and equality of opportunity Consent or explicit consent (if required under applicable law) Complying with legal obligations We process your Personal Data (including Usage Data) when cooperating with public and government authorities, courts or regulators in accordance with our legal obligations under applicable laws to the extent this requires the processing or disclosure of Personal Data to protect our rights Legal obligation or our legitimate interest in protecting against misuse or abuse of our websites or services, protecting personal property or safety, pursuing remedies available to us and limiting our damages, complying with judicial proceedings, court orders or legal processes, responding to lawful requests, or for auditing purposes If we need to collect and process Personal Data by law, or under a contract we have entered into with you, and you fail to provide the required Personal Data when requested, we may not be able to perform our contract with you.
  • 6. Who do we share Personal Data with?
    We collect and process your Personal Data (including, where legally permissible, special categories of Personal Data) for the following purposes and relying on the following legal bases: Purpose Description Legal basis Websites and social media branded pages Providing our websites (including our social media pages) We process your Personal Data to operate and administer our websites and to provide you with the content you access and request Our legitimate interest in providing online content to our customers and prospective customers regarding our service offering and related information Improving our websites We process your Personal Data to analyse overall trends and help us improve the user experience on our websites Our legitimate interest in providing a relevant and well-functioning website for the benefit of our website visitors Promoting the security of our websites We process your Personal Data by tracking use of our websites and verifying and investigating activity Our legitimate interest in promoting the safety and security of our websites and in protecting our rights and the rights of others Displaying personalized advertisements and content We process your Personal Data to conduct market research, advertise to you, provide personalized information about us on and off our websites and to provide other personalized content based upon your activities and interests Our legitimate interest in advertising our products and services or, where necessary, to the extent you have provided your prior consent Please see Section 10 below, to learn how you can control the processing of your Personal Data by Tenderize for personalized advertising purposes Office visitors and events Registering visitors We process your Personal Data, including registration information and associated non-disclosure information, for security reasons Our legitimate interest in protecting our offices, staff, visitors and our confidential information against unauthorized access Managing event registrations and attendance We process your Personal Data to plan and host events or webinars for which you have registered or that you attend, including sending related communications to you Performance of a contract or where we receive your consent Ensuring the health and safety of our visitors and employees We process your Personal Data (which may include special categories of Personal Data) (where legally permitted) We process your Personal Data to send you marketing information, product recommendations and other non-transactional communications (e.g., marketing newsletters, telemarketing calls, SMS or push notifications, information about our products, news or events) about us, our affiliates and partners Our legitimate interest in conducting direct marketing or where you have provided your prior consent (please see Section 10 below to learn how you can control the processing of your Personal Data by Salesforce for marketing purposes) Recording phone calls We process your Personal Data, including recording phone calls (in accordance with applicable laws) for training, quality assurance, and administration purposes If required under applicable law, we will give you the option to object to a call being recorded Consent or our legitimate interest in maintaining the high quality of our phone calls with users Handling contact and user support requests We process your Personal Data, if you fill out a “Contact Me” web form or request user support, or if you contact us by other means including but not limited to via phone Necessary for the performance of a contract or our legitimate interest in fulfilling your requests and communicating with you Salesforce products and services Providing our services We process your Personal Data to perform our contract with you for the provision of our services and to satisfy our obligations under the applicable terms of use Necessary for the performance of a contract or our legitimate interest to provide and administer our services Optimising the performance of the services We process your Personal Data to optimise or improve the performance of the services Legitimate interest to ensure that the service is performing in line with customer expectations; if special categories of Personal Data are processed, where the Personal Data is manifestly made public by the data subject Managing our customer and user accounts We process your Personal Data (including Usage Data) to manage customer and user accounts generally, such as billing, customer correspondence and customer relationship management Necessary for the performance of a contract or our legitimate interest in the management of customer and user accounts Managing usage and licensing compliance We process your Personal Data (including Usage Data) to assess and manage usage and licensing compliance with the applicable terms of use of our services Necessary for the performance of a contract or our legitimate interest in managing the provision of our services to customers Preparing internal reports and business modelling We process your Personal Data (including Usage Data) for internal reporting and business modelling purposes (e.g., forecasting, revenue, capacity planning, product strategy) Our legitimate interest in the management of our business operations Maintaining our security We process your Personal Data (including your Usage Data) for the purposes of maintaining Salesforce’s own security, including investigating, detecting and preventing suspicious activity, fraud and cybercrime that may affect Tenderize or its services Our legitimate interest in promoting the safety and security of Tenderize generally and to protect our rights and the rights of others Managing compensation for employees We process your Personal Data (including your Usage Data) for the purposes of determining compensation for Tenderize employees, such as commission Necessary for the performance of a contract with an employee or our legitimate interest in fairly compensating our employees Undertaking financial reporting We process your Personal Data (including your Usage Data) for the purposes of financial reporting Our legitimate interest in meeting our obligations associated with the reporting of our finances Aggregating data We process your Personal Data (including your Usage Data) for the purposes of aggregating this information to ensure that it is no longer identifying Our legitimate interest in minimising the amount of Personal Data processed as part of the noted processing activity Webinars, programs, trainings, certifications and contests Managing, and participating in, webinars, contests, programs, training, certifications or promotions We process your Personal Data if you register for a webinar, contest, promotion, training, certification or a program. Some webinars, contests, programs, trainings, certifications and promotions have additional rules containing information about how we will process your Personal Data Necessary for the performance of a contract or where we seek your consent Other data collection Managing payments If you have provided financial information to us, we process your Personal Data to verify that information and to collect payments to the extent that doing so is necessary to complete a transaction and perform our contract with you Necessary for the performance of a contract Administering surveys and conducting research We process your Personal Data (including, where legally permitted, special categories of Personal Data) in order to meet the goals set out in surveys or research as well as to analyse our compliance with internal policies Consent or explicit consent (if required under applicable law) or our legitimate interest in conducting the survey or research based on its stated goals (where no special categories of Personal Data are in scope) We process your Personal Data (including special categories of Personal Data) to the extent you voluntarily consent to provide it to meet our broader community goals related to diversity and equality of opportunity Consent or explicit consent (if required under applicable law) Complying with legal obligations We process your Personal Data (including Usage Data) when cooperating with public and government authorities, courts or regulators in accordance with our legal obligations under applicable laws to the extent this requires the processing or disclosure of Personal Data to protect our rights Legal obligation or our legitimate interest in protecting against misuse or abuse of our websites or services, protecting personal property or safety, pursuing remedies available to us and limiting our damages, complying with judicial proceedings, court orders or legal processes, responding to lawful requests, or for auditing purposes If we need to collect and process Personal Data by law, or under a contract we have entered into with you, and you fail to provide the required Personal Data when requested, we may not be able to perform our contract with you.
  • 7. International transfer of Personal Data
    Your Personal Data may be collected, transferred to and stored by us in the United States and by our affiliates and third-parties disclosed in Section 6, above, that are based in other countries. Therefore, your Personal Data may be processed outside your country or jurisdiction, including in places that are not subject to an adequacy decision by the European Commission or your local legislature or regulator, and that may not provide for the same level of data protection. We ensure that the recipient of your Personal Data offers an adequate level of protection and security, for instance by entering into the appropriate back-to-back agreements and, if required, standard contractual clauses or an alternative mechanism for the transfer of data as approved by the European Commission (Art. 46 GDPR) or other applicable regulators or legislators. Where required by applicable law, we will only share, transfer or store your Personal Data outside of your jurisdiction with your prior consent.
  • 8. Children
    Our websites and services are not directed at children. We do not knowingly collect Personal Data from children under the age of 16, or such other applicable age of consent for privacy purposes in relevant individual jurisdictions, unless (a) we have obtained consent from a parent or guardian, (b) such collection is subject to a separate agreement with us or (c) the visit by a child is unsolicited or incidental. If you are a parent or guardian and believe your child has provided us with Personal Data without your consent, please contact us by using the information in Section 13 below and we will take steps to delete their Personal Data from our systems.
  • 9. How long do we keep your Personal Data?
    We may retain your Personal Data for a period of time consistent with the original purpose of collection (see Section 5 above) or as long as required to fulfill our legal obligations. We determine the appropriate retention period for Personal Data on the basis of the amount, nature, and sensitivity of the Personal Data being processed, the potential risk of harm from unauthorised use or disclosure of the Personal Data, whether we can achieve the purposes of the processing through other means, and on the basis of applicable legal requirements (such as applicable statutes of limitation). After expiry of the applicable retention periods, your Personal Data will be deleted. If there is any data that we are unable, for technical reasons, to delete entirely from our systems, we will implement appropriate measures to prevent any further use of such data. For more information on data retention periods, please contact us by using the information in the Section 13 below.
  • 10. Your rights relating to your Personal Data
    10.1 Your rights You may have certain rights relating to your Personal Data, subject to local data protection laws. Depending on the applicable laws these rights may include the right to: Access your Personal Data held by us; Know more about how we process your Personal Data; Rectify inaccurate Personal Data and, taking into account the purpose of processing the Personal Data, ensure it is complete; Erase or delete your Personal Data; Restrict our processing of your Personal Data; Transfer your Personal Data to another controller, to the extent possible; Object to any processing of your Personal Data; Opt out of certain disclosures of your Personal Data to third parties; Know what categories of Personal Data are shared for delivering advertisements on non-Salesforce websites, applications, and services and the categories of recipients of such Personal Data; Opt out of the sharing of your Personal Data for delivering advertisements on non-Salesforce websites, applications, and services; If you’re under the age of 16, or such other applicable age of consent for privacy purposes in relevant individual jurisdictions, opt in to certain disclosures of your Personal Data to third parties; Not be subject to a decision based solely on automated processing, including profiling, which produces legal effects ("Automated Decision-Making"); and Withdraw your consent at any time (to the extent we base processing on consent), without affecting the lawfulness of the processing based on such consent before its withdrawal. Not be discriminated against for exercising your rights as described above. Where we process your Personal Data for direct marketing purposes or share it with third parties for their own direct marketing purposes, you can exercise your right to object at any time to such processing without having to provide any specific reason for such objection. Please note that Automated Decision-Making currently does not take place on our websites or in our services. 10.2 How to exercise your rights To exercise your rights, please contact us by using the information in Section 13 below. Your Personal Data may be processed in responding to these rights. We try to respond to all legitimate requests within one month unless otherwise required by law, and will contact you if we need additional information from you in order to honor your request or verify your identity. Occasionally it may take us longer than a month, taking into account the complexity and number of requests we receive. If you are an employee of a Salesforce customer, we recommend you contact your employer’s system administrator for assistance in correcting or updating your information. Some registered users may update their user settings, profiles, organisation settings and event registrations by logging into their accounts and editing their settings or profiles. To update your billing information, discontinue your account or request return or deletion of your Personal Data and other information associated with your account, please contact us by using the information in Section 13 below. 10.3 Your rights relating to customer data As described above, we may also process Personal Data submitted by or for a customer to our products and services. To this end, if not stated otherwise in this Privacy Statement or in a separate disclosure, we process such Personal Data as a processor on behalf of our customer (and its affiliates) who is the controller of the Personal Data (see Section 1 above). We are not responsible for and have no control over the privacy and data security practices of our customers, which may differ from those explained in this Privacy Statement. If your data has been submitted to us in our role as a processor by or on behalf of a Salesforce customer and you wish to exercise any rights you may have under applicable data protection laws, please inquire with them directly. Because we may only access a customer’s data upon their instructions, if you wish to make your request directly to us, please provide us the name of the Salesforce customer who submitted your data to us. We will refer your request to that customer, and will support them as needed in responding to your request within a reasonable timeframe. 10.4 Your preferences for email and SMS marketing communications If we process your Personal Data for the purpose of sending you marketing communications, you may manage your receipt of marketing and non-transactional communications from Salesforce by clicking on the “unsubscribe” link located on the bottom of Salesforce marketing emails, by replying or texting ‘STOP’ if you receive Salesforce SMS communications, or by unsubscribing here. Please note that, notwithstanding the above, you will continue to receive marketing and non-transactional communications from CMO Club unless you manage your receipt of such communications by clicking on the “unsubscribe” link located on the bottom of CMO Club’s marketing emails. You may also turn off push notifications on Salesforce apps on your device, or unsubscribe by contacting us using the information in the “Contacting us” section, below. Please note that opting out of marketing communications does not opt you out of receiving important business communications related to your current relationship with us, such as communications about your subscriptions or event registrations, service announcements or security information. 10.5 Your preferences for telemarketing communications If you want your phone number to be added to our internal Do-Not-Call telemarketing register, please contact us by using the information in Section 13 below. Please include your first name, last name, company and the phone number you wish to add to our Do-Not-Call register. Alternatively, you can always let us know during a telemarketing call that you do not want to be called again for marketing purposes.
  • 11. How we secure your Personal Data
    We take appropriate precautions including organisational, technical, and physical measures to help safeguard against accidental or unlawful destruction, loss, alteration, and unauthorised disclosure of, or access to, the Personal Data we process or use. While we follow generally accepted standards to protect Personal Data, no method of storage or transmission is 100% secure. You are solely responsible for protecting your password, limiting access to your devices and signing out of websites after your sessions. If you have any questions about the security of our websites, please contact us by using the information in Section 13 below.
  • 12. Changes to this Privacy Statement
    We will update this Privacy Statement from time to time to reflect changes in our practices, technologies, legal requirements, and other factors. If we do, we will update the “effective date” at the top. If we make a material update, we may provide you with notice prior to the update taking effect, such as by posting a notice on our website or by contacting you directly, or where required under applicable law and feasible, seek your consent to these changes. We encourage you to periodically review this Privacy Statement to stay informed about our collection, processing and sharing of your Personal Data.
  • 13. Contacting us
    Salesforce has appointed a Data Protection Officer and, in India, a Grievance Officer. To exercise your rights regarding your Personal Data, or if you have questions regarding this Privacy Statement or our privacy practices please fill out this form, email us at privacy@salesforce.com or datasubjectrequest@salesforce.com, call us at 1-844-287-7147, or write to us at: Salesforce Data Protection Officer (Salesforce Privacy Team) 415 Mission St, 3rd Floor San Francisco, CA 94105, USA When you contact us, please indicate in which country and/or state you reside. We are committed to working with you to obtain a fair resolution of any complaint or concern about privacy. If, however, you believe that we have not been able to assist with your complaint or concern, and you are located in the European Economic Area or the United Kingdom, you have the right to lodge a complaint with the competent supervisory authority. If you work or reside in a country that is a member of the European Union or that is in the EEA, you may find the contact details for your appropriate data protection authority on the following website.
  • 14. Adherence to APEC Privacy Recognition for Processors (PRP) System
    We participate in the APEC PRP system as per Salesforce’s APEC PRP Notice. If you have an unresolved privacy or data use concern that we have not addressed to your satisfaction, please contact our third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.
  • 15. Additional Disclosures for California Resident
    The California Consumer Privacy Act (as amended by the California Privacy Rights Act) requires businesses to disclose whether they sell or share Personal Data. As a business covered by the CCPA, we do not sell Personal Data. We may share Personal Data (in the form of identifiers and internet activity information) with third party advertisers for purposes of targeting advertisements on non-Salesforce websites, applications and services. In addition, we may allow third parties to collect Personal Data from our sites or services if those third parties are authorised service providers who have agreed to our contractual limitations as to their retention, use, and disclosure of such Personal Data, or if you use Salesforce sites or services to interact with third parties or direct us to disclose your Personal Data to third parties. California law requires that we detail the categories of Personal Data that we disclose for certain “business purposes,” such as to service providers that assist us with securing our services or marketing our products, and to such other entities as described in Sections 5 and 6 of this Privacy Statement. We disclose the following categories of Personal Data for our business purposes: Identifiers; Commercial information; Internet activity information; Financial information; Professional and employment-related information; Education information; Geolocation data; Audio and visual data; In limited circumstances where allowed by law, information that may be protected characteristics under California or United States law; and Inferences drawn from any of the above information categories. California law grants state residents certain rights, including the rights to know and access specific types of Personal Data, to learn how we process Personal Data, to request deletion of Personal Data, to request correction of Personal Data, to opt-out of sharing your Personal Data for third party advertising purposes, and not to be denied goods or services for exercising these rights. If you are a California resident under the age of 18 and have registered for an account with us, you may ask us to remove content or information that you have posted to our website(s). Please note that your request does not ensure complete or comprehensive removal of the content or information, because, for example, some of your content may have been reposted by another user. For information on how to exercise your rights, please refer to Section 10.2 of this Privacy Statement. If you are an authorised agent wishing to exercise rights on behalf of a California resident, please contact us using the information in the “Contacting Us” section above and provide us with a copy of the consumer’s written authorisation designating you as their agent. If you would like to opt-out of shares using your cookie identifiers, turn on a Global Privacy Control in your web browser or browser extension. Please see the California Privacy Protection Agency’s website at https://oag.ca.gov/privacy/ccpa for more information on valid Global Privacy Controls. If you would like to opt-out of shares using other identifiers (like email address ), please refer to Section 10.2 of this Privacy Statement. We may need to verify your identity and place of residence before completing your rights request.
  • California Privacy Rights Reporting
    Requests Submitted Requests Fulfilled in Whole Or In Part* Average Days to Respond Median Days to Complete a Request** Requests for access to Personal Data 24 21 1 45 Requests to delete Personal Data 60 51 1 38 Objections to processing Personal Data 2 2 1 37 *Requests may be unable to be completed due to factors like the inability to verify the resident’s identity or lack of response. **Time to complete a request may depend in part on receipt of information from the person making the request, such as information to verify the person’s identity or information about the action requested. Data is for all requests received by the Salesforce Family Affiliates from California residents between January 1 and December 31, 2021.
  • Trademark and Copyright Usage Guidelines 
    Salesforce’s trademarks and copyrighted works include: brand names, logos, website content, videos and other matter protected under trademark or copyright law. These are among our most valuable assets. These Guidelines are intended to help our partners, customers, developers, consultants, publishers, and/or any other third party understand when and how they may use our trademarks and copyrighted works properly in promotional, commercial, educational or reference materials, and when they may not. We have included a summary of high level points below for your reference; however, you are responsible for carefully reviewing these Guidelines in their entirety before using any of Salesforce’s trademarks or copyrighted works.
    Summary of our Usage Guidelines: You must always use Salesforce’s trademarks and copyrighted works in accordance with these Trademark and Copyright Usage Guidelines (“Guidelines”) as well as any other guidelines Salesforce has provided you. Salesforce can modify or revoke at any time, in its sole discretion, any permission we grant you to use our trademarks and copyrighted works unless specifically prohibited in a separate agreement. All rights we grant you to use our trademarks and copyrighted works require that you specify that the trademarks and copyrighted works belong to Salesforce. You agree not to challenge Salesforce’s ownership of its trademarks and/or copyrighted works. We make no warranties of any kind with any permissions we grant of Salesforce’s trademarks and copyrighted works. You may not transfer the rights granted in these Guidelines to anyone else. 
  • What Is a Trademark? 
    A trademark is a word, name, symbol, design or device (or a combination of these) that identifies the goods or services of a person or company and distinguishes them from the goods or services of others. A trademark assures consumers of consistent quality with respect to those goods or services and aids in their promotion. Unless we grant written permission in a contract or other document, or describe below a permitted use, you may not use any of Salesforce’s trademarks. But, even after we grant such permission, we retain the right to modify or revoke such permission in our sole discretion unless otherwise prohibited in a separate agreement. If you have questions about these Guidelines as they pertain to trademarks, please contact us at trademarks@salesforce.com .
  • What Is Copyright? 
    Copyrights are exclusive rights in original works, including certain written, pictorial and graphical works, audiovisual works, and computer programs. The owner of a copyright in a work has the right to exclude others from reproducing, displaying, distributing, creating derivative works from, performing, or otherwise using the work. Salesforce owns copyright in its logos, website designs and content, videos and other promotional materials, and its proprietary computer code, as well as other works not specified here. You may not use, reproduce, distribute, or create derivative works from any copyrighted work, or any portion of a copyrighted work, owned by Salesforce without first receiving a license or a fully executed Permission to Use Trademark and/or Copyrighted Work form accessed here. But even after we grant you permission to use a work by providing you an executed copy of the Permission to Use Trademark and/or Copyrighted Work form, we retain the right to modify or revoke that permission in our sole discretion unless prohibited in a separate agreement. If you have questions about these Guidelines as they pertain to copyright, please contact us at copyright@salesforce.com .
  • Prohibited Use of Salesforce's Trademarks and/or Copyrights 
    You may not incorporate any of Salesforce’s trademarks or logos or any other recognizable portion of any of Salesforce’s trademarks or logos, in your company’s name, app name, publication title, conference title, website name, domain name, social media handle or other source identifying materials (e.g. salesforceXYZ.com> or XYZforce.com> as your domain name/website address or name your product “XYZ Social Enterprise,” or “ChatterXYZ”), without Salesforce’s express prior written permission, which may require a license agreement. Except as otherwise contractually provided, Salesforce reserves the right to modify or withdraw any such permission at any time. You may not use any trademark or service mark that is likely to be confused with any of Salesforce’s trademarks in your company’s name, app name, publication title, conference title, website name, domain name, social media handle or other source identifying material or otherwise give the impression of affiliation with or endorsement by Salesforce (e.g., a name or brand that may be viewed as being a part or extension of a Salesforce trademark “family”).
    You may not use abbreviations or foreign language translations of any of Salesforce’s trademarks. You may not purchase any of Salesforce’s trademarks as an ad word or advertising key word from any search engine, social media forum, or other online venue without express written permission from Salesforce, which permission may be withdrawn if you violate these Guidelines or any supplementary guidelines which may apply to you. You may not display or otherwise use or incorporate any of Salesforce’s logos, designs, website content, videos, testing materials, or any other trademark or copyrighted work of Salesforce on your website, social media forums, marketing collateral, any publicly facing presentation materials, other promotional materials, or otherwise in connection with your products or services without a license or fully executed Permission to Use Trademark and/or Copyrighted Work form. You may not modify or alter any of Salesforce’s logos, designs, or other trademarks or copyrighted works in any manner. You may not incorporate any of Salesforce’s logos, designs, or other trademarks or copyrighted works in your own company logo or product logo, except under license.

    You may not use typestyles or fonts for your company name or product name that look like those of Salesforce’s trademarks, logos or stylizations, if the use creates the potential impression of an association between Salesforce and your company. You may not use logos, designs or stylizations that incorporate design elements of, or look similar to , logos, designs or stylizations of Salesforce (e.g., you may not feature your company name or brand name inside the Salesforce cloud design. You may not use any of Salesforce's trademarks or copyrighted works in a disparaging way or in any way which dilutes, tarnishes or otherwise conflicts with Salesforce’s ability to use and/or enforce its trademarks or copyrighted works, even if such use is under license. Unless provided under a license or covered under terms of service, you may only use Salesforce source code labeled as “sample source code” or the like to run your application on a Salesforce service or to interoperate with a Salesforce service.
  • Appropriate Attribution Language
    For Trademarks: Where you have been granted Salesforce’s written authorization to use a specific trademark, you must always include the appropriate trademark attribution language provided for in your written authorization, or by placing the following statement at the bottom of the first page on which you use the trademark: “[insert Salesforce trademark] is a trademark of Salesforce.com, inc., and is used here with permission.”
    For Copyrighted Works: Where you have been granted Salesforce’s written authorization to use a copyrightable work (video, screenshot, blog post, etc.), you must always include the appropriate copyright attribution language provided for in your written authorization, or by including the following statement: “© 2XXX S alesforce.com, inc. All rights reserved. Used here with permission.” (Note 2XXX is the year set forth in Salesforce’s copyright notice.).
  • Salesforce Platform and Marketplace
    Salesforce may authorize you to use its Webbased Salesforce Platform (Force.com ®, Heroku™, or Database.com™) and/or its AppExchange® online marketplace. However, a grant of permission to use these technologies does not include permission to use any of Salesforce’s trademarks or copyrighted works unless express written authorization is also provided.
    These Guidelines and any relevant supplementary guidelines shall apply to your use and/or participation in the Salesforce Platform, AppExchange® online marketplace and all related programs. By way of example only, you may not use corporate or app names that incorporate the Salesforce trademarks such as ImplementationForce or ChatterSync. These names would be blocked from use in or in connection within the Salesforce ecosystem and/or the AppExchange® online marketplace.
    You may refer to Salesforce’s trademarks in textual descriptions to accurately describe the source or function of your new software, for example, “[Your Application Name] was developed on Salesforce’s Heroku™ platform.” You should not incorporate any of Salesforce’s trademarks in the code names for your own software projects, even if they include source code from Salesforce.
  • General Guidelines
    These Guidelines are not intended to be an exhaustive list of Salesforce's rights in its trademarks and copyrighted works. Salesforce reserves all rights in its intellectual property, including rights not expressly described in these Guidelines. Any goodwill derived from your use of any of Salesforce’s trademarks under license or pursuant to the Guidelines inures solely to Salesforce’s benefit.
    If you have a business relationship with Salesforce, you may have received additional guidelines outlining prohibited and permitted uses of Salesforce’s trademarks and/or copyrighted works, including written requirements for the size, typeface, colors, and other graphical characteristics for each. Any such additional guidelines merely supplement and do not replace these Guidelines. Salesforce requires you to abide by these Guidelines as well as all applicable supplementary guidelines and retains the right at all times, in its sole and absolute discretion, to modify or revoke any permissions provided in these Guidelines or in relation to these Guidelines. The permissions provided in these Guidelines are provided free of charge. Salesforce shall not be liable to you for any damages arising out of use of the Salesforce trademarks or copyrighted works pursuant to these Guidelines—whether direct, indirect, incidental, special, consequential, punitive, exemplary or otherwise.
  • MAIN SERVICES AGREEMENT
    THIS MAIN SERVICES AGREEMENT GOVERNS CUSTOMER’S ACQUISITION AND USE OF SFDC SERVICES. CAPITALIZED TERMS HAVE THE DEFINITIONS SET FORTH HEREIN. IF CUSTOMER REGISTERS FOR A FREE TRIAL OF SFDC SERVICES OR FOR FREE SERVICES, THE APPLICABLE PROVISIONS OF THIS AGREEMENT WILL ALSO GOVERN THAT FREE TRIAL OR THOSE FREE SERVICES. BY ACCEPTING THIS AGREEMENT, BY (1) CLICKING A BOX INDICATING ACCEPTANCE, (2) EXECUTING AN ORDER FORM THAT REFERENCES THIS AGREEMENT, OR (3) USING FREE SERVICES, CUSTOMER AGREES TO THE TERMS OF THIS AGREEMENT. IF THE INDIVIDUAL ACCEPTING THIS AGREEMENT IS ACCEPTING ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, SUCH INDIVIDUAL REPRESENTS THAT THEY HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERM “CUSTOMER” SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF THE INDIVIDUAL ACCEPTING THIS AGREEMENT DOES NOT HAVE SUCH AUTHORITY, OR DOES NOT AGREE WITH THESE TERMS AND CONDITIONS, SUCH INDIVIDUAL MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.

    The Services may not be accessed for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes. SFDC’s direct competitors are prohibited from accessing the Services, except with SFDC’s prior written consent. This Agreement was last updated on April 4, 2022. It is effective between Customer and SFDC as of the date of Customer’s accepting this Agreement (the “Effective Date”).
  • 1. DEFINITIONS
    “ Affiliate ” means any entity that directly or indirectly controls, is controlled by, or is under common control with the subject entity. “Control,” for purposes of this definition, means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity.

    “ Agreement ” means this Main Services Agreement.
    “ Beta Services ” means SFDC services or functionality that may be made available to Customer 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.
    “ Content ” means information obtained by SFDC from publicly available sources or its third-party content providers and made available to Customer through the Services, Beta Services or pursuant to an Order Form, as more fully described in the Documentation.
    “ Customer ” means in the case of an individual accepting this Agreement on his or her own behalf, such individual, or in the case of an individual accepting this Agreement on behalf of a company or other legal entity, the company or other legal entity for which such individual is accepting this Agreement, and Affiliates of that company or entity (for so long as they remain Affiliates) which have entered into Order Forms.
    “ Customer Data ” means electronic data and information submitted by or for Customer to the Services, excluding Content and Non-SFDC Applications.
    “ Documentation ” means the applicable Service’s Trust and Compliance documentation at https://www.salesforce.com/company/legal/trust-and-compliance-documentation/ and its usage guides and policies, as updated from time to time, accessible via help.salesforce.com or login to the applicable Service.
    “ Free Services ” means Services that SFDC makes available to Customer free of charge. Free Services exclude Services offered as a free trial and Purchased Services.
    “ Malicious Code ” means code, files, scripts, agents or programs intended to do harm, including, for example, viruses, worms,time bombs and Trojan horses.
    “ Marketplace ” means an online directory, catalog or marketplace of applications that interoperate with the Services, including, for example, the AppExchange at http://www.salesforce.com/appexchange , Mulesoft Anypoint Exchange at https://www.mulesoft.com/exchange , or the Heroku Elements Marketplace at https://elements.heroku.com/ , and any successor websites.
    “ Non-SFDC Application ” means Web-based, mobile, offline or other software functionality that interoperates with a Service, that is provided by Customer or a third party and/or listed on a Marketplace including as Salesforce Labs or under similar designation. Non-SFDC Applications, other than those obtained or provided by Customer, will be identifiable as such.
    “ Order Form ” means an ordering document or online order specifying the Services to be provided hereunder that is entered into between Customer and SFDC or any of their Affiliates, including any addenda and supplements thereto. By entering into an Order Form hereunder, an Affiliate agrees to be bound by the terms of this Agreement as if it were an original party hereto.
    “ Purchased Services ” means Services that Customer or Customer’s Affiliate purchases under an Order Form or online purchasing portal, as distinguished from Free Services or those provided pursuant to a free trial.
    “ Services ” means the products and services that are ordered by Customer under an Order Form or online purchasing portal, or provided to Customer free of charge (as applicable) or under a free trial, and made available online by SFDC, including associated SFDC offline or mobile components, as described in the Documentation.
    “Services” exclude Content and Non-SFDC Applications.
    “ SFDC ” means the Salesforce company described in the “SFDC Contracting Entity, Notices, Governing Law, and Venue” section below.
    “ User ” means, in the case of an individual accepting these terms on his or her own behalf, such individual, or, in the case of an individual accepting this Agreement on behalf of a company or other legal entity, an individual who is authorized by Customer to use a Service, for whom Customer has purchased a subscription (or in the case of any Services provided by SFDC without charge, for whom a Service has been provisioned), and to whom Customer (or, when applicable, SFDC at Customer’s request) has supplied a user identification and password (for Services utilizing authentication). Users may include, for example, employees, consultants, contractors and agents of Customer, and third parties with which Customer transacts business.
  • 2. SFDC RESPONSIBILITIES
    2.1 Provision of Purchased Services. SFDC will (a) make the Services and Content available to Customer pursuant to this Agreement, and the applicable Order Forms and Documentation, (b) provide applicable SFDC standard support for the Purchased Services to Customer at no additional charge, and/or upgraded support if purchased, (c) use commercially reasonable efforts to make the online Purchased Services available 24 hours a day, 7 days a week, except for: (i) planned downtime (of which SFDC shall give advance electronic notice), and (ii) any unavailability caused by circumstances beyond SFDC’s reasonable control, including, for example, an act of God, act of government, flood, fire, earthquake, civil unrest, act of terror, strike or other labor problem (other than one involving SFDC employees), Internet service provider failure or delay, Non-SFDC Application, or denial of service attack, and (d) provide the Services in accordance with laws and government regulations applicable to SFDC’s provision of its Services to its customers generally (i.e., without regard for Customer’s particular use of the Services), and subject to Customer’s and Users’ use of the Services in accordance with this Agreement, the Documentation and the applicable Order Form.
    2.2 Protection of Customer Data. SFDC will maintain appropriate administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of Customer Data, as described in the Documentation. Those safeguards will include, but will not be limited to, measures designed to prevent unauthorized access to or disclosure of Customer Data (other than by Customer or Users). The terms of the data processing addendum at https://www.salesforce.com/company/legal/agreements/ (“DPA”) posted as of the Effective Date are hereby incorporated by reference. To the extent Personal Data from the European Economic Area (EEA), the United Kingdom and Switzerland are processed by SFDC, its Processor Binding Corporate Rules,, and/or the Standard Contractual Clauses shall apply, as further set forth in the DPA . For the purposes of the Standard contractual Clauses , Customer and its applicable Affiliates are each the data exporter, and Customer's acceptance of this Agreement, and an applicable Affiliate's execution of an Order Form, shall be treated as its execution of the Standard Contractual Clauses and Appendices. Upon request by Customer made within 30 days after the effective date of termination or expiration of this Agreement, SFDC will make Customer Data available to Customer for export or download as provided in the Documentation. After such 30-day period, SFDC will have no obligation to maintain Data in its systems or otherwise in its possession or control, unless legally prohibited.
    2.3 SFDC Personnel. SFDC will be responsible for the performance of its personnel (including its employees and contractors) and their compliance with SFDC’s obligations under this Agreement, except as otherwise specified in this Agreement.
    2.4 Beta Services. From time to time, SFDC may make Beta Services available to Customer at no charge. Customer may choose to try such Beta Services or not in its sole discretion. Any use of Beta Services is subject to the Beta Services terms at https://www.salesforce.com/company/legal/agreements/.
    2.5 Free Trial. If Customer registers on SFDC’s or an Affiliate’s website for a free trial, SFDC will make the applicable Service(s) available to Customer on a trial basis free of charge until the earlier of (a) the end of the free trial period for which Customer registered to use the applicable Service(s), or (b) the start date of any Purchased Service subscriptions ordered by Customer for such Service(s), or (c) termination by SFDC in its sole discretion. Additional trial terms and conditions may appear on the trial registration web page. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding.
    ANY DATA CUSTOMER ENTERS INTO THE SERVICES, AND ANY CUSTOMIZATIONS MADE TO THE SERVICES BY OR FOR CUSTOMER, DURING CUSTOMER’S FREE TRIAL WILL BE PERMANENTLY LOST UNLESS CUSTOMER PURCHASES A SUBSCRIPTION TO THE SAME SERVICES AS THOSE COVERED BY THE TRIAL, PURCHASES APPLICABLE UPGRADED SERVICES, OR EXPORTS SUCH DATA, BEFORE THE END OF THE TRIAL PERIOD. CUSTOMER CANNOT TRANSFER DATA ENTERED OR CUSTOMIZATIONS MADE DURING THE FREE TRIAL TO A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL (E.G., FROM ENTERPRISE EDITION TO PROFESSIONAL EDITION); THEREFORE, IF CUSTOMER PURCHASES A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL, CUSTOMER MUST EXPORT CUSTOMER DATA BEFORE THE END OF THE TRIAL PERIOD OR CUSTOMER DATA WILL BE PERMANENTLY LOST.
    NOTWITHSTANDING THE “REPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES AND DISCLAIMERS” SECTION AND “INDEMNIFICATION BY SFDC” SECTION BELOW, DURING THE FREE TRIAL THE SERVICES ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY AND SFDC SHALL HAVE NO INDEMNIFICATION OBLIGATIONS NOR LIABILITY OF ANY TYPE WITH RESPECT TO THE SERVICES FOR THE FREE TRIAL PERIOD UNLESS SUCH EXCLUSION OF LIABILITY IS NOT ENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE SFDC’S LIABILITY WITH RESPECT TO THE SERVICES PROVIDED DURING THE FREE TRIAL SHALL NOT EXCEED $1,000.00. WITHOUT LIMITING THE FOREGOING, SFDC AND ITS AFFILIATES AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO CUSTOMER THAT:
    (A) CUSTOMER’S USE OF THE SERVICES DURING THE FREE TRIAL PERIOD WILL MEET CUSTOMER’S REQUIREMENTS,
    (B) CUSTOMER’S USE OF THE SERVICES DURING THE FREE TRIAL PERIOD WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND
    (C) USAGE DATA PROVIDED DURING THE FREE TRIAL PERIOD WILL BE ACCURATE.
    NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE “LIMITATION OF LIABILITY” SECTION BELOW, CUSTOMER SHALL BE FULLY LIABLE UNDER THIS AGREEMENT TO SFDC AND ITS AFFILIATES FOR ANY DAMAGES ARISING OUT OF CUSTOMER’S USE OF THE SERVICES DURING THE FREE TRIAL PERIOD, ANY BREACH BY CUSTOMER OF THIS AGREEMENT AND ANY OF CUSTOMER’S INDEMNIFICATION OBLIGATIONS HEREUNDER. CUSTOMER SHALL REVIEW THE APPLICABLE SERVICE’S DOCUMENTATION DURING THE TRIAL PERIOD TO BECOME FAMILIAR WITH THE FEATURES AND FUNCTIONS OF THE SERVICES BEFORE MAKING A PURCHASE.
    2.6 Free Services. SFDC may make Free Services available to Customer. Use of Free Services is subject to the terms and conditions of this Agreement. In the event of a conflict between this section and any other portion of this Agreement, this section shall control. Free Services are provided to Customer without charge up to certain limits as described in the Documentation. Usage over these limits requires Customer’s purchase of additional resources or services. Customer agrees that SFDC, in its sole discretion and for any or no reason, may terminate Customer’s access to the Free Services or any part thereof.
    Customer agrees that any termination of Customer’s access to the Free Services may be without prior notice, and Customer agrees that SFDC will not be liable to Customer or any third party for such termination. Customer is solely responsible for exporting Customer Data from the Free Services prior to termination of Customer’s access to the Free Services for any reason, provided that if SFDC terminates Customer’s account, except as required by law SFDC will provide Customer a reasonable opportunity to retrieve its Customer Data.
    NOTWITHSTANDING THE “REPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES AND DISCLAIMERS” SECTION AND “INDEMNIFICATION BY SFDC” SECTION BELOW, THE FREE SERVICES ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY AND SFDC SHALL HAVE NO INDEMNIFICATION OBLIGATIONS NOR LIABILITY OF ANY TYPE WITH RESPECT TO THE FREE SERVICES UNLESS SUCH EXCLUSION OF LIABILITY IS NOT ENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE SFDC’S LIABILITY WITH RESPECT TO THE FREE SERVICES SHALL NOT EXCEED $1,000.00 . WITHOUT LIMITING THE FOREGOING, SFDC AND ITS AFFILIATES AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO CUSTOMER THAT:
    (A) CUSTOMER’S USE OF THE FREE SERVICES WILL MEET CUSTOMER’S REQUIREMENTS,
    (B) CUSTOMER’S USE OF THE FREE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND
    (C) USAGE DATA PROVIDED THROUGH THE FREE SERVICES WILL BE ACCURATE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE “LIMITATION OF LIABILITY” SECTION BELOW, CUSTOMER SHALL BE FULLY LIABLE UNDER THIS AGREEMENT TO SFDC AND ITS AFFILIATES FOR ANY DAMAGES ARISING OUT OF CUSTOMER’S USE OF THE FREE SERVICES, ANY BREACH BY CUSTOMER OF THIS AGREEMENT AND ANY OF CUSTOMER’S INDEMNIFICATION OBLIGATIONS HEREUNDER.
  • 3. USE OF SERVICES AND CONTENT
    3.1 Subscriptions. Unless otherwise provided in the applicable Order Form or Documentation,
    (a) Purchased Services and access to Content are purchased as subscriptions for the term stated in the applicable Order Form or in the applicable online purchasing portal,
    (b) subscriptions for Purchased Services may be added during a subscription term at the same pricing as the underlying subscription pricing, prorated for the portion of that subscription term remaining at the time the subscriptions are added, and
    (c) any added subscriptions will terminate on the same date as the underlying subscriptions.
    Customer agrees that its purchases are not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by SFDC regarding future functionality or features.

    3.2 Usage Limits. Services and Content are subject to usage limits specified in Order Forms and Documentation. If Customer exceeds a contractual usage limit, SFDC may work with Customer to seek to reduce Customer’s usage so that it conforms to that limit. If, notwithstanding SFDC’s efforts, Customer is unable or unwilling to abide by a contractual usage limit, Customer will execute an Order Form for additional quantities of the applicable Services or Content promptly upon SFDC’s request, and/or pay any invoice for excess usage in accordance with the “Invoicing and Payment” section below.
    3.3 Customer Responsibilities. Customer will
    (a) be responsible for Users’ compliance with this Agreement, Documentation and Order Forms,
    (b) be responsible for the accuracy, quality and legality of Customer Data, the means by which Customer acquired Customer Data, Customer’s use of Customer Data with the Services, and the interoperation of any Non-SFDC Applications with which Customer uses Services or Content,
    (c) use commercially reasonable efforts to prevent unauthorized access to or use of Services and Content, and notify SFDC promptly of any such unauthorized access or use,
    (d) use Services and Content only in accordance with this Agreement, Documentation, the Acceptable Use and External Facing Services Policy at https://www.salesforce.com/company/legal/agreements/ , Order Forms and applicable laws and government regulations, and
    (e) comply with terms of service of any Non-SFDC Applications with which Customer uses Services or Content. Any use of the Services in breach of the foregoing by Customer or Users that in SFDC’s judgment threatens the security, integrity or availability of SFDC’s services, may result in SFDC’s immediate suspension of the Services, however SFDC will use commercially reasonable efforts under the circumstances to provide Customer with notice and an opportunity to remedy such violation or threat prior to any such suspension.
    3.4 Usage Restrictions. Customer will not
    (a) make any Service or Content available to anyone other than Customer or Users, or use any Service or Content for the benefit of anyone other than Customer or its Affiliates, unless expressly stated otherwise in an Order Form or the Documentation,
    (b) sell, resell, license, sublicense, distribute, rent or lease any Service or Content, or include any Service or Content in a service bureau or outsourcing offering,
    (c) use a Service or Non-SFDC Application to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights,
    (d) use a Service or Non-SFDC Application to store or transmit Malicious Code,
    (e) interfere with or disrupt the integrity or performance of any Service or third-party data contained therein,
    (f) attempt to gain unauthorized access to any Service or Content or its related systems or networks,
    (g) permit direct or indirect access to or use of any Services or Content in a way that circumvents a contractual usage limit, or use any Services to access, copy or use any of SFDC intellectual property except as permitted under this Agreement, an Order Form, or the Documentation,
    (h) modify, copy, or create derivative works of a Service or any part, feature, function or user interface thereof,
    (i) copy Content except as permitted herein or in an Order Form or the Documentation,
    (j) frame or mirror any part of any Service or Content, other than framing on Customer's own intranets or otherwise for its own internal business purposes or as permitted in the Documentation, (k) except to the extent permitted by applicable law, disassemble, reverse engineer, or decompile a Service or Content or access it to
    (1) build a competitive product or service,
    (2) build a product or service using similar ideas, features, functions or graphics of the Service,
    (3) copy any ideas, features, functions or graphics of the Service, or
    (4) determine whether the Services are within the scope of any patent.
    3.5 Removal of Content and Non-SFDC Applications. If Customer receives notice, including from SFDC, that Content or a Non-SFDC Application may no longer be used or must be removed, modified and/or disabled to avoid violating applicable law, third-party rights, or the Acceptable Use and External Facing Services Policy, Customer will promptly do so. If Customer does not take required action, including deleting any Content Customer may have downloaded from the Services, in accordance with the above, or if in SFDC’s judgment continued violation is likely to reoccur, SFDC may disable the applicable Content, Service and/or Non-SFDC Application. If requested by SFDC, Customer shall confirm deletion and discontinuance of use of such Content and/or Non-SFDC Application in writing and SFDC shall be authorized to provide a copy of such confirmation to any such third-party claimant or governmental authority, as applicable. In addition, if SFDC is required by any third-party rights holder to remove Content, or receives information that Content provided to Customer may violate applicable law or third-party rights, SFDC may discontinue Customer’s access to Content through the Services.
  • 4. NON-SFDC PRODUCTS AND SERVICES
    4.1 Non-SFDC Products and Services. SFDC or third parties may make available (for example, through a Marketplace or otherwise) third-party products or services, including, for example, Non-SFDC Applications and implementation and other consulting services. Any acquisition by Customer of such products or services, and any exchange of data between Customer and any Non-SFDC provider, product or service is solely between Customer and the applicable Non-SFDC provider. SFDC does not warrant or support Non-SFDC Applications or other Non-SFDC products or services, whether or not they are designated by SFDC as “certified” or otherwise, unless expressly provided otherwise in an Order Form. SFDC is not responsible for any disclosure, modification or deletion of Customer Data resulting from access by such Non-SFDC Application or its provider.

    4.2 Integration with Non-SFDC Applications. The Services may contain features designed to interoperate with Non-SFDC Applications. SFDC cannot guarantee the continued availability of such Service features, and may cease providing them without entitling Customer to any refund, credit, or other compensation, if for example and without limitation, the provider of a Non-SFDC Application ceases to make the Non-SFDC Application available for interoperation with the corresponding Service features in a manner acceptable to SFDC.
  • 5. FEES AND PAYMENT
    5.1 Fees . Customer will pay all fees specified in Order Forms. Except as otherwise specified herein or in an Order Form,
    (i) fees are based on Services and Content subscriptions purchased and not actual usage,
    (ii) payment obligations are non- cancelable and fees paid are non-refundable, and
    (iii) quantities purchased cannot be decreased during the relevant subscription term.

    5.2 Invoicing and Payment . Customer will provide SFDC with valid and updated credit card information, or with a valid purchase order or alternative document reasonably acceptable to SFDC. If Customer provides credit card information to SFDC, Customer authorizes SFDC to charge such credit card for all Purchased Services listed in the Order Form for the initial subscription term and any renewal subscription term(s) as set forth in the “Term of Purchased Subscriptions” section below. Such charges shall be made in advance, either annually or in accordance with any different billing frequency stated in the applicable Order Form. If the Order Form specifies that payment will be by a method other than a credit card, SFDC will invoice Customer in advance and otherwise in accordance with the relevant Order Form. Unless otherwise stated in the Order Form, invoiced fees are due net 30 days from the invoice date. Customer is responsible for providing complete and accurate billing and contact information to SFDC and notifying SFDC of any changes to such information.

    5.3 Overdue Charges.
    If any invoiced amount is not received by SFDC by the due date, then without limiting SFDC’s rights or remedies, (a) those charges may accrue late interest at the rate of 1.5% of the outstanding balance per month, or the maximum rate permitted by law, whichever is lower, and/or (b) SFDC may condition future subscription renewals and Order Forms on payment terms shorter than those specified in the “Invoicing and Payment” section above.

    5.4 Suspension of Service and Acceleration . If any charge owing by Customer under this or any other agreement for services is 30 days or more overdue, (or 10 or more days overdue in the case of amounts Customer has authorized SFDC to charge to Customer’s credit card), SFDC may, without limiting its other rights and remedies, accelerate Customer’s unpaid fee obligations under such agreements so that all such obligations become immediately due and payable, and suspend Services until such amounts are paid in full, provided that, other than for customers paying by credit card or direct debit whose payment has been declined, SFDC will give Customer at least 10 days’ prior notice that its account is overdue, in accordance with the “Manner of Giving Notice” section below for billing notices, before suspending services to Customer.

    5.5 Payment Disputes.
    SFDC will not exercise its rights under the “Overdue Charges” or “Suspension of Service and Acceleration” section above if Customer is disputing the applicable charges reasonably and in good faith and is cooperating diligently to resolve the dispute.

    5.6 Taxes.
    SFDC's fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction whatsoever (collectively, “Taxes”). Customer is responsible for paying all Taxes associated with its purchases hereunder. If SFDC has the legal obligation to pay or collect Taxes for which Customer is responsible under this section, SFDC will invoice Customer and Customer will pay that amount unless Customer provides SFDC with a valid tax exemption certificate authorized by the appropriate taxing authority. For clarity, SFDC is solely responsible for taxes assessable against it based on its income, property and employees.
  • 6. PROPRIETARY RIGHTS AND LICENSES
    6.1 Reservation of Rights.
    Subject to the limited rights expressly granted hereunder, SFDC, its Affiliates, its licensors and Content Providers reserve all of their right, title and interest in and to the Services and Content, including all of their related intellectual property rights. No rights are granted to Customer hereunder other than as expressly set forth herein.

    6.2 Access to and Use of Content.
    Customer has the right to access and use applicable Content subject to the terms of applicable Order Forms, this Agreement and the Documentation.

    6.3 License by Customer to SFDC . Customer grants SFDC, its Affiliates and applicable contractors a worldwide, limited-term license to host, copy, use, transmit, and display any Non-SFDC Applications and program code created by or for Customer using a Service or for use by Customer with the Services, and Customer Data, each as appropriate for SFDC to provide and ensure proper operation of the Services and associated systems in accordance with this Agreement. If Customer chooses to use a Non-SFDC Application with a Service, Customer grants SFDC permission to allow the Non-SFDC Application and its provider to access Customer Data and information about Customer’s usage of the Non-SFDC Application as appropriate for the interoperation of that Non-SFDC Application with the Service. Subject to the limited licenses granted herein, SFDC acquires no right, title or interest from Customer or its licensors under this Agreement in or to any Customer Data, Non-SFDC Application or such program code.

    6.4 License by Customer to Use Feedback . Customer grants to SFDC and its Affiliates a worldwide, perpetual, irrevocable, royalty-free license to use, distribute, disclose, and make and incorporate into its services any suggestion, enhancement request, recommendation, correction or other feedback provided by Customer or Users relating to the operation of SFDC’s or its Affiliates’ services.

    6.5 Federal Government End Use Provisions. SFDC provides the Services, including related software and technology, for ultimate federal government end use in accordance with the following: The Services consist of “commercial items,” as defined at FAR 2.101. In accordance with FAR 12.211-12.212 and DFARS 227.7102-4 and 227.7202-4, as applicable, the rights of the U.S. Government to use, modify, reproduce, release, perform, display, or disclose commercial computer software, commercial computer software documentation, and technical data furnished in connection with the Services shall be as provided in this Agreement, except that, for U.S. Department of Defense end users, technical data customarily provided to the public is furnished in accordance with DFARS 252.227-7015. If a government agency needs additional rights, it must negotiate a mutually acceptable written addendum to this Agreement specifically granting those rights.
  • 7. CONFIDENTIALITY
    7.1 Definition of Confidential Information. “Confidential Information” means all information disclosed by a party (“Disclosing Party”) to the other party (“Receiving Party”), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Confidential Information of Customer includes Customer Data; Confidential Information of SFDC includes the Services and Content, and the terms and conditions of this Agreement and all Order Forms (including pricing). Confidential Information of each party includes business and marketing plans, technology and technical information, product plans and designs, and business processes disclosed by such party. However, Confidential Information does not include any information that
    (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party,
    (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party,
    (iii) is received from a third party without knowledge of any breach of any obligation owed to the Disclosing Party, or
    (iv) was independently developed by the Receiving Party. For the avoidance of doubt, the non-disclosure obligations set forth in this “Confidentiality” section apply to Confidential Information exchanged between the parties in connection with the evaluation of additional SFDC services.

    7.2 Protection of Confidential Information . As between the parties, each party retains all ownership rights in and to its Confidential Information. The Receiving Party will use the same degree of care that it uses to protect the confidentiality of its own confidential information of like kind (but not less than reasonable care) to (i) not use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement and (ii) except as otherwise authorized by the Disclosing Party in writing, limit access to Confidential Information of the Disclosing Party to those of its and its Affiliates’ employees and contractors who need that access for purposes consistent with this Agreement and who have signed confidentiality agreements with the Receiving Party containing protections not materially less protective of the Confidential Information than those herein. Neither party will disclose the terms of this Agreement or any Order Form to any third party other than its Affiliates, legal counsel and accountants without the other party’s prior written consent, provided that a party that makes any such disclosure to its Affiliate, legal counsel or accountants will remain responsible for such Affiliate’s, legal counsel’s or accountant’s compliance with this “Confidentiality” section. Notwithstanding the foregoing, SFDC may disclose the terms of this Agreement and any applicable Order Form to a contractor or Non-SFDC Application Provider to the extent necessary to perform SFDC’s obligations under this Agreement, under terms of confidentiality materially as protective as set forth herein.

    7.3 Compelled Disclosure. The Receiving Party may disclose Confidential Information of the Disclosing Party to the extent compelled by law to do so, provided the Receiving Party gives the Disclosing Party prior notice of the compelled disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party's cost, if the Disclosing Party wishes to contest the disclosure. If the Receiving Party is compelled by law to disclose the Disclosing Party’s Confidential Information as part of a civil proceeding to which the Disclosing Party is a party, and the Disclosing Party is not contesting the disclosure, the Disclosing Party will reimburse the Receiving Party for its reasonable cost of compiling and providing secure access to that Confidential Information.
  • 8. REPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES AND DISCLAIMERS
    8.1 Representations. Each party represents that it has validly entered into this Agreement and has the legal power to do so.

    8.2 SFDC Warranties. SFDC warrants that during an applicable subscription term
    (a) this Agreement, the Order Forms and the Documentation will accurately describe the applicable administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of Customer Data,
    (b) SFDC will not materially decrease the overall security of the Services,
    (c) the Services will perform materially in accordance with the applicable Documentation, and
    (d) subject to the “Integration with Non-SFDC Applications” section above, SFDC will not materially decrease the overall functionality of the Services. For any breach of a warranty above, Customer’s exclusive remedies are those described in the “Termination” and “Refund or Payment upon Termination” sections below.

    8.3 Disclaimers. 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. SERVICES PROVIDED FREE OF CHARGE, CONTENT AND BETA SERVICES ARE PROVIDED “AS IS,” AND AS AVAILABLE EXCLUSIVE OF ANY WARRANTY WHATSOEVER.
  • 9. MUTUAL INDEMNIFICATION
    9.1 Indemnification by SFDC. SFDC will defend Customer against any claim, demand, suit or proceeding made or brought against Customer by a third party alleging that any Purchased Service infringes or misappropriates such third party’s intellectual property rights (a “Claim Against Customer ”), and will indemnify Customer from any damages, attorney fees and costs finally awarded against Customer as a result of, or for amounts paid by Customer under a settlement approved by SFDC in writing of, a Claim Against Customer, provided Customer
    (a) promptly gives SFDC written notice of the Claim Against Customer,
    (b) gives SFDC sole control of the defense and settlement of the Claim Against Customer (except that SFDC may not settle any Claim Against Customer unless it unconditionally releases Customer of all liability), and
    (c) gives SFDC all reasonable assistance, at SFDC’s expense. If SFDC receives information about an infringement or misappropriation claim related to a Service, SFDC may in its discretion and at no cost to Customer
    (i) modify the Services so that they are no longer claimed to infringe or misappropriate, without breaching SFDC’s warranties under “SFDC Warranties” above,
    (ii) obtain a license for Customer’s continued use of that Service in accordance with this Agreement, or
    (iii) terminate Customer’s subscriptions for that Service upon 30 days’ written notice and refund Customer any prepaid fees covering the remainder of the term of the terminated subscriptions. The above defense and indemnification obligations do not apply if
    (I) the allegation does not state with specificity that the Services are the basis of the Claim Against Customer;
    (II) a Claim Against Customer arises from the use or combination of the Services or any part thereof with software, hardware, data, or processes not provided by SFDC, if the Services or use thereof would not infringe without such combination;
    (III) a Claim Against Customer arises from Services under an Order Form for which there is no charge; or
    ( IV) a Claim against Customer arises from Content, a Non-SFDC Application or Customer’s breach of this Agreement, the Documentation or applicable Order Forms.

    9.2 Indemnification by Customer. Customer will defend SFDC and its Affiliates against any claim, demand, suit or proceeding made or brought against SFDC by a third party
    (a) alleging that the combination of a Non-SFDC Application or configuration provided by Customer and used with the Services, infringes or misappropriates such third party’s intellectual property rights, or
    (b) arising from
    (i) Customer’s use of the Services or Content in an unlawful manner or in violation of the Agreement, the Documentation, or Order Form,
    (ii) any Customer Data or Customer’s use of Customer Data with the Services, or
    (iii) a Non-SFDC Application provided by Customer(each a “Claim Against SFDC ”), and will indemnify SFDC from any damages, attorney fees and costs finally awarded against SFDC as a result of, or for any amounts paid by SFDC under a settlement approved by Customer in writing of, a Claim Against SFDC, provided SFDC
    (a) promptly gives Customer written notice of the Claim Against SFDC,
    (b) gives Customer sole control of the defense and settlement of the Claim Against SFDC (except that Customer may not settle any Claim Against SFDC unless it unconditionally releases SFDC of all liability), and
    (c) gives Customer all reasonable assistance, at Customer’s expense. The above defense and indemnification obligations do not apply if a Claim Against SFDC arises from SFDC’s breach of this Agreement, the Documentation or applicable Order Forms.

    9.3 Exclusive Remedy. This “Mutual Indemnification” section states the indemnifying party’s sole liability to, and the indemnified party’s exclusive remedy against, the other party for any third-party claim described in this section.
  • 10. LIMITATION OF LIABILITY
    10.1 Limitation of Liability.
    IN NO EVENT SHALL THE AGGREGATE LIABILITY OF EACH PARTY TOGETHER WITH ALL OF ITS AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER AND ITS AFFILIATES HEREUNDER FOR THE SERVICES GIVING RISE TO THE LIABILITY IN THE TWELVE MONTHS PRECEDING THE FIRST INCIDENT OUT OF WHICH THE LIABILITY AROSE. THE FOREGOING LIMITATION WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, BUT WILL NOT LIMIT CUSTOMER'S AND ITS AFFILIATES’ PAYMENT OBLIGATIONS UNDER THE “FEES AND PAYMENT” SECTION ABOVE.

    10.2 Exclusion of Consequential and Related Damages.
    IN NO EVENT WILL EITHER PARTY OR ITS AFFILIATES HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ANY LOST PROFITS, REVENUES, GOODWILL, OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER, BUSINESS INTERRUPTION OR PUNITIVE DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF A PARTY’S OR ITS AFFILIATES’ REMEDY OTHERWISE FAILS OF ITS ESSENTIAL PURPOSE. THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
  • 11. TERM AND TERMINATION
    11.1 Term of Agreement.
    This Agreement commences on the date Customer first accepts it and continues until all subscriptions hereunder have expired or have been terminated.

    11.2 Term of Purchased Subscriptions.
    The term of each subscription shall be as specified in the applicable Order Form. Except as otherwise specified in an Order Form, subscriptions will automatically renew for additional one year terms, unless either party gives the other written notice (email acceptable) at least 30 days before the end of the relevant subscription term. Except as expressly provided in the applicable Order Form, renewal of promotional or one-time priced subscriptions will be at SFDC’s applicable list price in effect at the time of the applicable renewal. Notwithstanding anything to the contrary, any renewal in which subscription volume or subscription length for any Services has decreased from the prior term will result in re-pricing at renewal without regard to the prior term’s per-unit pricing.

    11.3 Termination.
    A party may terminate this 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.

    11.4 Refund or Payment upon Termination. If this Agreement is terminated by Customer in accordance with the “Termination” section above, SFDC will refund Customer any prepaid fees covering the remainder of the term of all Order Forms after the effective date of termination. If this Agreement is terminated by SFDC in accordance with the “Termination” section above, Customer will pay any unpaid fees covering the remainder of the term of all Order Forms to the extent permitted by applicable law. In no event will termination relieve Customer of its obligation to pay any fees payable to SFDC for the period prior to the effective date of termination.

    11.5 Surviving Provisions.
    The sections titled “Free Services,” “Fees and Payment,” “Proprietary Rights and Licenses,” “Confidentiality,” “Disclaimers,” “Mutual Indemnification,” “Limitation of Liability,” “Refund or Payment upon Termination,” “Removal of Content and Non-SFDC Applications,” “Surviving Provisions” and “General Provisions” will survive any termination or expiration of this Agreement, and the section titled “Protection of Customer Data” will survive any termination or expiration of this Agreement for so long as SFDC retains possession of Customer Data.
  • 12. GENERAL PROVISIONS
    12.1 Export Compliance. The Services, Content, other SFDC technology, and derivatives thereof may be subject to export laws and regulations of the United States and other jurisdictions. SFDC and Customer each represents that it is not on any U.S. government denied-party list. Customer will not permit any User to access or use any Service or Content in a U.S.-embargoed country or region (currently Cuba, Iran, North Korea, Syria or Crimea) or in violation of any U.S. export law or regulation. 12.2 Anti-Corruption. Neither party has received or been offered any illegal or improper bribe, kickback, payment, gift, or thing of value from an employee or agent of the other party in connection with this Agreement. Reasonable gifts and entertainment provided in the ordinary course of business do not violate the above restriction. 12.3 Entire Agreement and Order of Precedence. This Agreement is the entire agreement between SFDC and Customer regarding Customer’s use of Services and Content and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. The parties agree that any term or condition stated in a Customer purchase order or in any other Customer order documentation (excluding Order Forms) is void. In the event of any conflict or inconsistency among the following documents, the order of precedence shall be: (1) the applicable Order Form, (2) this Agreement, and (3) the Documentation. Titles and headings of sections of this Agreement are for convenience only and shall not affect the construction of any provision of this Agreement. 12.4 Relationship of the Parties. The parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties. Each party will be solely responsible for payment of all compensation owed to its employees, as well as all employment-related taxes. 12.5 Third-Party Beneficiaries. There are no third-party beneficiaries under this Agreement. 12.6 Waiver . No failure or delay by either party in exercising any right under this Agreement will constitute a waiver of that right. 12.7 Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision will be deemed null and void, and the remaining provisions of this Agreement will remain in effect. 12.8 Assignment . Neither party may assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the other party’s prior written consent (not to be unreasonably withheld); provided, however, either party may assign this Agreement in its entirety (including all Order Forms), without the other party’s consent to its Affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. Notwithstanding the foregoing, if a party is acquired by, sells substantially all of its assets to, or undergoes a change of control in favor of, a direct competitor of the other party, then such other party may terminate this Agreement upon written notice. In the event of such a termination, SFDC will refund Customer any prepaid fees covering the remainder of the term of all subscriptions for the period after the effective date of such termination. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their respective successors and permitted assigns. 12.9 SFDC Contracting Entity, Notices, Governing Law, and Venue. The SFDC entity entering into this Agreement, the address to which Customer should direct notices under this Agreement, the law that will apply in any dispute or lawsuit arising out of or in connection with this Agreement, and the courts that have jurisdiction over any such dispute or lawsuit, depend on where Customer is domiciled. If Customer is domiciled in: The SFDC entity entering into this Agreement is: Notices should be addressed to: Governing law is: Courts with exclusive jurisdiction are: The United States of America, Mexico or a Country in Central or South America or the Caribbean Salesforce, Inc. (f/k/a salesforce.com, inc.), a Delaware corporation Salesforce Tower, 415 Mission Street, 3rd Floor, San Francisco, California, 94105, U.S.A., attn: VP, Worldwide Sales Operations, with a copy to attn: General Counsel. California and controlling United States federal law San Francisco, California, U.S.A. SFDC-MSA April 4, 2022 Page 9 of 14 Brazil Salesforce Tecnologia Ltda. Av. Jornalista Roberto Marinho, 85, 14º Andar - Cidade Monções, CEP 04576-010 São Paulo - SP Brazil São Paulo, SP, Brazil Canada salesforce.com Canada Corporation, a Nova Scotia corporation Salesforce Tower, 415 Mission Street, 3rd Floor, San Francisco, California, 94105, U.S.A., attn: VP, Worldwide Sales Operations, with a copy to attn: General Counsel. Ontario and controlling Canadian federal law Toronto, Ontario, Canada France salesforce.com France, a French S.A.S company with a share capital of 37,000 €, registered with the Paris Trade Registry under number 483 993 226 RCS Paris, Registered office: 3 Avenue Octave Gréard, 75007 Paris, France Salesforce.com Sarl, Route de la Longeraie 9, Morges, 1110, Switzerland, attn: Director, EMEA Sales Operations, with a copy to attn.: Legal Department - Service Juridique, 3 Avenue Octave Gréard, 75007 Paris, France. France Paris, France Germany salesforce.com Germany GmbH, a limited liability company, incorporated in Germany Salesforce.com Sarl, Route de la Longeraie 9, Morges, 1110, Switzerland, attn: Director, EMEA Sales Operations, with a copy to attn.: Legal Department - Erika-Mann-Strasse 31-37, 80636 München, Germany. Germany Munich, Germany Italy Salesforce.com Italy S.r.l., an Italian limited liability company having its registered address at Piazza Filippo Meda 5, 20121 Milan (MI), VAT / Fiscal code n. 04959160963 Salesforce.com Sarl, Route de la Longeraie 9, Morges, 1110, Switzerland, attn: Director, EMEA Sales Operations, with a copy to attn.: Legal Department Italy Milan, Italy Spain Salesforce Systems Spain, S.L., a limited liability company incorporated in Spain Salesforce.com Sarl, Route de la Longeraie 9, Morges, 1110, Switzerland, attn: Director, EMEA Sales Operations, with a copy to attn.: Legal Department - Paseo de la Castellana 79, Madrid, 28046, Spain Spain Madrid, Spain United Kingdom Salesforce UK Limited, a limited liability company incorporated in England Salesforce.com Sarl, Route de la Longeraie 9, Morges, 1110, Switzerland, attn: Director, EMEA Sales Operations, with a copy to attn: Legal Department, Salesforce UK Limited , Floor 26 Salesforce Tower, 110 Bishopsgate, London, EC2N 4AY, United Kingdom. England London, England A Country in Europe, the Middle East or Africa, other than France, Germany, SFDC Ireland Limited, a limited liability company incorporated in Ireland Salesforce.com Sarl, Route de la Longeraie 9, Morges, 1110, Switzerland, attn: Director, EMEA Sales Operations, with a copy to attn.: Legal Department - 3rd and England London, England Italy, Spain, and the United Kingdom 4th Floor, 1 Central Park Block G, Central Park, Leopardstown, Dublin 18, Ireland Japan Salesforce Japan Co., Ltd. (f/k/a Kabushiki Kaisha Salesforce.com), a Japan corporation JP Tower 12F, 2-7-2 Marunouchi, Chiyoda-ku, Tokyo 100-7012, Japan, attn: Senior Director, Japan Sales Operations, with a copy to attn: General Counsel. Japan Tokyo, Japan A Country in Asia or the Pacific region, other than Japan, Australia or New Zealand Salesforce.com Singapore Pte Ltd, a Singapore private limited company 5 Temasek Boulevard #13-01, Suntec Tower 5, Singapore, 038985, attn: Director, APAC Sales Operations, with a copy to attn: General Counsel. Singapore Singapore Australia or New Zealand SFDC Australia Pty Ltd 201 Sussex Street, Darling Park Tower 3, Level 12, Sydney NSW 2000, attn: Senior Director, Finance with a copy to attn: General Counsel. New South Wales, Australia New South Wales, Australia 12.10 Manner of Giving Notice. Except as otherwise specified in this Agreement, all notices related to this Agreement will be in writing and will be effective upon (a) personal delivery, (b) the second business day after mailing, or (c), except for notices of termination or an indemnifiable claim (“Legal Notices”), which shall clearly be identifiable as Legal Notices, the day of sending by email. Billing-related notices to Customer will be addressed to the relevant billing contact designated by Customer. All other notices to Customer will be addressed to the relevant Services system administrator designated by Customer. 12.11 Agreement to Governing Law and Jurisdiction. Each party agrees to the applicable governing law above without regard to choice or conflicts of law rules, and to the exclusive jurisdiction of the applicable courts above. 12.12 Local Law Requirements: France. With respect to Customers domiciled in France, the following provisions shall be applicable : (1) Section 8.2 “SFDC Warranties” is replaced by the following : 8.2 SFDC Warranties. Pendant une période de souscription en vigueur, (a) le présent Contrat, les Formulaires de Commande et la Documentation décriront de manière précise les mesures de protection techniques, physiques et administratives mises en oeuvre pour assurer la sécurité, la confidentialité et l'intégrité des Données du Client, (b) SFDC ne réduira pas de manière substantielle la sécurité globale des Services, (c) les Services fonctionneront substantiellement en conformité avec la Documentation applicable, et (d) sous réserve des stipulations de l'article « Intégration avec des Applications non SFDC » ci-dessus, SFDC ne réduira pas de manière substantielle les fonctionnalités générales des Services. (2) a new Section 12.12.1 is added as follows: 12.12.1 PGSSI-S. To the extent Customer is subject to Article L.1111-8 (or any successor thereto) of the French public health code (Code de la Santé Publique), Customer shall abide by the Global Information Security Policy for the Healthcare Sector (PGSSI-S) pursuant to Article L.1110-4-1 (or any successor thereto) of the aforementioned code. (3) a new Section 12.12.2 is added as follows : 12.12.2 Exclusions. To the extent permitted under applicable law, the provisions of Article 1222 and 1223 of the French Civil Code shall in no event be applicable. (4) a new Section 12.12.3 is added as follows : 12.12.3 Langue. Les parties conviennent que le Contrat et/ou toute Documentation ainsi que tout autre information ou politique référencée ou attachée à ce Contrat peuvent être en langue anglaise. (5) a new Section 12.12.4 is added as follows : 12.12.4 Indépendance vis-à-vis des tiers. A toutes fins utiles, il est précisé que tout tiers, en ce compris ceux avec lesquels le Client a contracté pour fournir des services de conseil et/ou d’intégration en lien avec les Services, sont indépendants de SFDC et SFDC ne sera en aucun cas responsable de leurs faits, y compris lorsque ces faits impactent l'utilisation des Services par le Client. (6) in the event of any conflict between any statutory law in France applicable to Customer, and the terms and conditions of this Agreement, the applicable statutory law shall prevail. 12.13 Local Law Requirements: Germany. With respect to Customers domiciled in Germany, Section 8 “REPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES AND DISCLAIMERS”, Section 9.3 “Exclusive Remedy”, and Section 10 “LIMITATION OF LIABILITY” of this Agreement are replaced with the following sections respectively: 8 WARRANTIES FOR CUSTOMERS DOMICILED IN GERMANY 8.1 Agreed Quality of the Services . SFDC warrants that during an applicable subscription term (a) this Agreement, the Order Forms and the Documentation will accurately describe the applicable administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of Customer Data, (b) SFDC will not materially decrease the overall security of the Services, (c) the Services will perform materially in accordance with the applicable Documentation, and (d) subject to the “Integration with Non-SFDC Applications” section above, SFDC will not materially decrease the overall functionality of the Services. 8.2 Content . SFDC is not designating or adopting Content as its own and assumes no warranty or liability for Content. The parties agree that the “Reporting of Defects”, “Remedies resulting from Defects” and “Exclusions” section shall apply accordingly to SFDC’s responsibility in the event SFDC is deemed responsible for Content by a court of competent jurisdiction. 8.3 Reporting of Defects . Customer shall report any deviation of the Services from the “Agreed Quality of the Services” section (“Defect”) to SFDC in writing without undue delay and shall submit a detailed description of the Defect or, if not possible, of the symptoms of the Defect. Customer shall forward to SFDC any useful information available to Customer for rectification of the Defect. 8.4 Remedies resulting from Defects . SFDC shall rectify any Defect within a reasonable period of time. If such rectification fails, Customer may terminate the respective Order Form provided that SFDC had enough time for curing the Defect. The “Refund or Payment upon Termination” section, sentence and 1 and sentence 3 shall apply accordingly. If SFDC is responsible for the Defect or if SFDC is in default with the rectification, Customer may assert claims for the damage caused in the scope specified in the “Limitation of Liability” section below. 8.5 Defects in Title . Defects in title of the Services shall be handled in accordance with the provisions of Clause 9 “Mutual Indemnification”. 8.6 Exclusions . Customer shall have no claims under this Clause 8 “Warranty” if a Defect was caused by the Services not being used by Customer in accordance with the provisions of this Agreement, the Documentation and the applicable Order Forms. 9.3 Liability resulting from Indemnification for Customers domiciled in Germany . The below “Limitation of Liability” section shall apply to any claims resulting from this “Mutual Indemnification” section. 10. LIMITATION OF LIABILITY FOR CUSTOMERS DOMICILED IN GERMANY 10.1 Unlimited Liability. The Parties shall be mutually liable without limitation (a) in the event of willful misconduct or gross negligence, (b) within the scope of a guarantee taken over by the respective party, (c) in the event that a defect is maliciously concealed, (d) in case of an injury to life, body or health, (e) according to the German Product Liability Law. 10.2 Liability for Breach of Cardinal Duties . If cardinal duties are infringed due to slight negligence and if, as a consequence, the achievement of the objective of this Agreement including any applicable Order Form is endangered, or in the case of a slightly negligent failure to comply with duties, the very discharge of which is an essential prerequisite for the proper performance of this Agreement (including any applicable Order Form), the parties’ liability shall be limited to foreseeable damage typical for the contract. In all other respects, any liability for damage caused by slight negligence shall be excluded. 10.3 Liability Cap. Unless the parties are liable in accordance with “Unlimited Liability” section above, in no event shall the aggregate liability of each party together with all of its Affiliates arising out of or related to this Agreement exceed the total amount paid by Customer and its Affiliates hereunder for the Services giving rise to the liability in the 12 months preceding the first incident out of which the liability arose. The foregoing limitation will not limit Customer’s and its Affiliates’ payment obligations under the “Fees and Payment” section above. 10.4 Scope. With the exception of liability in accordance with the “Unlimited Liability” section, the above limitations of liability shall apply to all claims for damages, irrespective of the legal basis including claims for tort damages. The above limitations of liability also apply in the case of claims for a party’s damages against the respective other party’s employees, agents or bodies. 12.14 Local Law Requirements: Italy. With respect to Customers domiciled in Italy, Section 5.2 “Invoicing and Payment”, Section 5.3 “Overdue Charges”, Section 5.4 “Suspension of Service and Acceleration”, and Section 12.2 “Anti Corruption” of this Agreement are replaced with the following sections respectively: 5.2. Invoicing and Payment 5.2.1 Invoicing and Payment. Fees will be invoiced in advance and otherwise in accordance with the relevant Order Form. Unless otherwise stated in the Order Form, fees are due net 30 days from the invoice date. The parties acknowledge that invoices are also be submitted electronically by SFDC in accordance with the “Electronic Invoicing” section below through the Agenzia delle Entrate’s Exchange System (SDI – Sistema di Interscambio) and any delay due to the SDI shall not affect the foregoing payment term. Customer shall be responsible for providing complete and accurate billing and contact information to SFDC and shall notify SFDC of any changes to such information. 5.2.2 Electronic Invoicing . The invoice will be issued in electronic format as defined in article 1, paragraph 916, of Law no. 205 of December 27, 2017, which introduced the obligation of electronic invoicing, starting from January 1, 2019, for the sale of goods and services performed between residents, established or identified in the territory of the Italian State. To facilitate such electronic invoicing, Customer shall provide to SFDC at least the following information in writing: Customer full registered company name, registered office address, VAT number, tax/fiscal code and any additional code and/or relevant information required under applicable law. In any event, the parties shall cooperate diligently to enable such electronic invoicing process. Any error due to the provision by Customer of incorrect or insufficient invoicing information preventing (a) SFDC to successfully submit the electronic invoice to the SDI or (b) the SDI to duly and effectively process such invoice or (c) which, in any event, requires SFDC to issue an invoice again, shall not result in an extension of the payment term set out in the “Invoicing and Payment” section above, and such term shall still be calculated from the date of the original invoice. SFDC reserves the right to provide any invoice copy in electronic form via email in addition to the electronic invoicing described herein. 5.2.3 Split Payment. If subject to the “split payment” regime, Customer shall be exclusively responsible for payment of any VAT amount due, provided that Customer shall confirm to SFDC the applicability of such regime and, if applicable, Customer shall provide proof of such VAT payment to SFDC and, if applicable, Customer shall provide proof of such VAT payment to SFDC. 5.3 Overdue Charges. Subject to the “Payment Disputes” section below, if any invoiced amount is not received by SFDC by the due date, then without limiting SFDC’s rights or remedies, those charges, without the need for notice of default, may accrue late interest at the rate of 1.5% of the outstanding balance per month, or the maximum rate permitted by law (Legislative Decree no. 231/2002), whichever is lower and/or (b) SFDC may condition future subscription renewals and Order Forms on payment terms shorter than those specified in the “Invoicing and Payment” section above. 5.4. Suspension of Service. Subject to the “Payment Disputes” section below, if any charge owing by Customer under this or any other agreement for services is 30 days or more overdue, (or 10 or more days overdue in the case of amounts Customer has authorized SFDC to charge to Customer’s credit card), SFDC may, without limiting its other rights and remedies, suspend Services until such amounts are paid in full, provided that, other than for customers paying by credit card or direct debit whose payment has been declined, SFDC will give Customer at least 10 days’ prior notice that its account is overdue, in accordance with the “Manner of Giving Notice” section below for billing notices, before suspending services to Customer. 12.2 Anti-Corruption. 12.2.1 Anti-Corruption . Neither party has received or been offered any illegal or improper bribe, kickback, payment, gift, or thing of value from an employee or agent of the other party in connection with this Agreement. Reasonable gifts and entertainment provided in the ordinary course of business do not violate the above restriction. 12.2.2 Code of Conduct and Organization, Management and Control Model . Customer acknowledges that SFDC has adopted an Organization, Management and Control Model pursuant to Legislative Decree 231/2001 to prevent crimes provided for therein and commits to comply with the principles contained in the above Legislative Decree 231/2001 and in the SFDC Code of Conduct which is available at the following link: https://www.salesforce.com/content/dam/web/en_us/www/documents/legal/compliance%20documents/salesforce-code-of-cond uct.pdf . Customer also acknowledges and agrees that the violation of the principles and the provisions contained in Legislative Decree 231/2001 and in the SFDC Code of Conduct by Customer may entitle SFDC, based on the severity of the violation, to terminate this Agreement for cause as set out in Section 11.3(i) above. 12.15 Local Law Requirements: Spain. With respect to Customers domiciled in Spain, in the event of any conflict between any statutory law in Spain applicable to Customer, and the terms and conditions of this Agreement, the applicable statutory law shall prevail. SFDC-
  • Do you give any offer for premium customer?
    The green zone is available to everyone, but not just anyone can join. The first step into the green zone is the step in to your client’s future and look back at the advice solutions and services you provided.
  • Why Would a Successful Entrepreneur Hire a Coach?
    The green zone is available to everyone, but not just anyone can join. The first step into the green zone is the step in to your client’s future and look back at the advice solutions and services you provided.
  • What is the procedure to join with your company?
    The green zone is available to everyone, but not just anyone can join. The first step into the green zone is the step in to your client’s future and look back at the advice solutions and services you provided.
  • Waht makes your financial projects special?
    The green zone is available to everyone, but not just anyone can join. The first step into the green zone is the step in to your client’s future and look back at the advice solutions and services you provided.
  • Can I offer my items for free on a promotional basis?
    The green zone is available to everyone, but not just anyone can join. The first step into the green zone is the step in to your client’s future and look back at the advice solutions and services you provided.
  • Is there a limit to the number of guests should plan in a day?
    The green zone is available to everyone, but not just anyone can join. The first step into the green zone is the step in to your client’s future and look back at the advice solutions and services you provided.
Write a Message

Have Any Questions?

Thank you very much for your interest in our company and our services and
if you have any questions, please write us a message now!