PlanetScale CNDb Platform Guidelines
These Platform Guidelines are hereby incorporated into by reference into the PlanetScale CNDb Agreement made available at www.planetscale.com/legal/eula. All capitalized terms not defined herein shall have the meanings assigned to them in the Agreement.
a. User Accounts. Each User will be assigned a unique user identification name and password (“User ID”) for access to and use of the Subscription Services. Customer is responsible for ensuring the security and confidentiality of all User IDs assigned to Customer and Customer’s Users. User IDs are intended for use by the designated Users only and cannot be shared. Customer agrees to provide accurate, current and complete account and User information.
b. Restrictions on Use. Except for uses that are expressly permitted (for example, in the Documentation), Customer will not, and will ensure that its Users do not: (i) make any portion of the Subscription Services available to anyone other than authorized Users; (ii) sell, resell, rent, lease, or otherwise distribute any portion of the Subscription Services; (iii) use the Subscription Services other than in accordance with the Documentation or in a manner that interferes with, unduly burdens, or disrupts the integrity, performance, or availability of the Subscription Services; (iv) attempt to gain unauthorized access to the Subscription Services or PlanetScale’s or its third party suppliers’ related systems or networks; (v) access any portion of the Subscription Services for the purpose of building a similar or competitive product or service, or monitor the Subscription Services for any benchmarking or competitive purpose; (vi) introduce, disseminate, or otherwise enable any viruses, Trojan horses, spyware, worms, malware, spam, or malicious code using the Subscription Services; (vii) “frame” or “mirror” any user interface included in the Subscription Services; (viii) copy, modify, translate, or create a derivative work of any PlanetScale Property; (ix) reverse engineer, reverse assemble, disassemble, or decompile any software included in the PlanetScale Property, or otherwise attempt to discover any source code, except as otherwise permitted under applicable law; or (xi) alter, remove or violate any copyright, trademark, patent, or other proprietary notice appearing in connection with the Subscription Services.
c. Hosted Data. Customer acknowledges that Customer has exclusive control and responsibility for determining what data Customer submits to the Subscription Services and for obtaining all necessary consents and permissions for submission of such data and processing instructions to PlanetScale. In addition, Customer acknowledges that PlanetScale is not currently compliant with HIPAA, PCI or other regulations applicable to collection, use or storage of any sensitive personally-identifiable information or data regarding an individual (e.g., social security number, bank account numbers, passport information, healthcare related information, medical insurance information, student information, credit and debit card numbers and driver’s license and state ID information) (“Sensitive PII”) and will therefore not use the Subscription Services to send or store any Sensitive PII. With respect to personal data Customer submits to the Subscription Services, Customer is considered the “data controller” and PlanetScale is considered the “data processor.”
d. Compliance with Laws; Third Party Rights. Customer (i) will obtain and will maintain all necessary rights to its Hosted Data, and any other data, software programs or services it uses in connection with the Subscription Services; (ii) will not utilize any Hosted Data in connection with the Subscription Services that infringes the intellectual property or other proprietary rights of any third party; (iii) will not access or use the Subscription Services in a manner that violates the rights of any third party or which purports to subject PlanetScale to any other obligations; and (iv) will access and use the Subscription Services in a manner which complies with all laws and regulations. Customer is responsible for (i) the identification of any federal, state and local laws, regulations and statutes that specifically apply to Customer, its Users, or any Hosted Data, (ii) communicating these legal requirements to PlanetScale, and (iii) verifying that any such deliverable meets such legal requirements. PlanetScale may immediately terminate this Agreement and/or any Subscription Services if it reasonably believes that Customer has breached this Section (d).
e. Third Party Networks. Customer acknowledges that Hosted Data will be transmitted over the Internet and other various networks, including through content delivery networks to the geographic locations requested by Users. PlanetScale is not responsible for any data or Content that is delayed, lost, altered, intercepted or stored during the transmission of such data or content across networks not owned or operated by PlanetScale.
f. Monitoring. PlanetScale reserves the right to monitor the use of the Subscription Services for security and operational purposes. PlanetScale may immediately suspend individual Users’ access to the Subscriptions Services if (i) a User is engaged in, or PlanetScale reasonably believes is engaged in, unauthorized conduct arising as a result of a violation of the terms of any relevant agreement with PlanetScale, applicable law or third party right; or (ii) any third party has, or PlanetScale in good faith suspects has, gained unauthorized access to any portion of the Subscription Services using any User ID or other credential issued by PlanetScale to Customer or its Users.
g. Anonymized Data. PlanetScale may use data concerning Customer’s use and its Users’ use of the Subscription Services in an aggregated and anonymous manner, for the purposes of compiling statistical and performance information related to the provision and operation of the Subscription Services so that PlanetScale may improve or optimize the Subscription Services. Customer agrees that PlanetScale may make such information publicly available, provided that (i) such information does not incorporate any of Customer’s Hosted Data or personally identifiable information of Customer or any of its Users and (ii) such use does not identify Customer or its Users either directly or indirectly. PlanetScale retains all intellectual property rights in such usage information.
h. Feedback. By submitting to PlanetScale any unsolicited suggestions, enhancement requests, comments, feedback or other input relating to PlanetScale’s business or the Subscription Services ("Feedback"), Customer and/or its Users (as applicable) grant to PlanetScale a royalty-free, worldwide, transferable, sublicenseable, irrevocable, perpetual license to use or incorporate such Feedback into the Subscription Services or related products in any manner.
i. User Notifications. PlanetScale may provide all business and product-related communications, notices, statements, and other communications arising in connection with Customer’s use of the Subscription Services (other than legal notices of termination, material breach, force majeure, or indemnification actions) to Customer and its Users through either e-mail, posting on the Subscription Services or other electronic transmission. In addition, PlanetScale may rely and act on all information and instructions provided to PlanetScale by Users.
j. Third Party Products. If Customer uses any third-party services in connection with the Subscription Services, (a) Customer is responsible for complying with all terms of the third party service; (b) PlanetScale will not be responsible for any act or omission of the third party, including the third party's access to or use of Hosted Data and (c) PlanetScale does not warrant or support any service provided by the third party.