"infinit" provides DevOps solution and auxiliary services (the "Solution") for Salesforce platform. These Terms and Conditions (the "Agreement") govern the access and use of the Solution and any proprietary technology of infinit LLC. therein by third party Users (a "User", "you" or "your").

Please read this Agreement carefully. This Agreement governs your use of the Solution. You must accept this Agreement prior to using the Solution. By using the Solution, you signify your assent to this Agreement. Changes may be made to this Agreement from time to time. Your continued use of the Solution subsequent to such changes will be deemed your acceptance to amended or updated terms. If you do not agree to any of the terms of this Agreement, please do not use the Solution. Any individual accepting this Agreement on behalf of User represents and warrants that s/he is authorized to accept this Agreement on behalf of User and legally bind User to the terms and conditions set forth herein. Use of other versions of the Solution may be subject to additional terms and conditions and/or agreements, which you may choose to accept or reject (and therefore not use such other versions), at your sole discretion.

NOW, THEREFORE, the parties hereby agree as follows:

1. Solution. Subject to the terms and conditions of this Agreement, infinit shall provide User with access to the Solution on a non-exclusive basis for the Term of this Agreement. User may use the Solution on a non-exclusive basis solely for its internal purposes. User shall not be entitled to any other software (including any other executable or source code) from infinit access or rights are granted herein by estoppel or by implication. User represents that it has all necessary authority to enter into this Agreement and that the execution of this Agreement and the receipt of the Solution will not conflict with any legal, regulatory or contractual obligations of User.
2. Restrictions. Except as set forth expressly herein, User shall not, and shall not permit any third party, to (a) reverse engineer or attempt to find the underlying code of, any version of the Solution; (b) modify any version of the Solution, (c) sublicense, sell, distribute or provide any version of the Solution to any third party, or (d) bypass any security measure or access control measure of any version of the Solution. To the extent any of the restrictions set forth in this Section are not enforceable under applicable law, User shall inform infinit in writing in each instance prior to engaging in the activities set forth above. User may not use Solution in a way which imposes an undue burden on or disrupts infinit's systems. If infinit decides, in its sole discretion, that User's use is disruptive or burdensome, infinit may terminate User's access of the Solution and/or impose additional restrictions thereon.
3. Data; Privacy. In order to provide the Solution and associated analytics, infinit collects following data points- email address, workspace name, workspace members and usage count regarding the use of the Solution by the User (the "User Data"). All User Data is the confidential information of User and, except as set forth in this Agreement, infinit shall not disclose such User Data to third parties or use such User Data except to provide services to User. infinit analyzes all User Data in order to provide User with the Solution, including for the purposes of generating analysis and reports for the User. infinit will implement reasonable security measures appropriate to the nature of the User Data including without limitation, technical, physical, administrative and organizational controls, and will maintain the confidentiality, security and integrity of such User Data. infinit may disclose User Data to the extent required by applicable law or to cooperate with a law enforcement investigation or to enforce its rights under this Agreement. infinit may transfer all User Data to jurisdictions other than the jurisdiction of the User.
4. Intellectual Property. infinit has all right, title and interest in all versions of the Solution, including all enhancements, improvements and modifications thereof ("infinit Property"). infinit does not request User's feedback regarding the infinit Property. Notwithstanding the foregoing, if User provides infinit with any feedback regarding the infinit Property, infinit may use all such feedback without restriction and shall not be subject to any non-disclosure or non-use obligations in respect of such feedback.
5. Confidentiality. Either party (a "Disclosing Party") may disclose to the other party (a "Receiving Party") certain confidential information regarding its technology and business ("Confidential Information"). Receiving Party agrees to keep confidential and not disclose or use any Confidential Information except to support its provision or use of the Solution. Confidential Information shall not include information that Receiving Party can show (a) was already lawfully known to or independently developed by Receiving Party without access to or use of Confidential Information, (b) was received by Receiving Party from any third party without restrictions, (c) is publicly and generally available, free of confidentiality restrictions; or (d) is required to be disclosed by law, provided that Receiving Party provides Disclosing Party with prompt notice of such requirement and cooperate in order to minimize such requirement. Receiving Party shall restrict disclosure of Confidential Information to those of its employees with a reasonable need to know such information and which are bound by written confidentiality obligations no less restrictive than those set out herein. All information regarding the workspace members of User shall be deemed the Confidential Information of User.
6. Additional Terms and Payment and Limitation of Use. Currenlty all versions of the Solution are provided for free, all in the sole discretion of infinit. infinit may at any time add, change the requirements to make payments and/or change the terms of providing any version of the Solution. User is responsible for any tax consequences to User of using the Solution (if any).
7. Warranties; Disclaimer. Each party warrants that it has full corporate power and authority to execute this Agreement and to perform its obligations hereunder; and all corporate action necessary for the authorization, execution, delivery and performance of this Agreement by it have been taken. infinit represents and warrants that to its best knowledge the Solution does not infringe the intellectual property rights of any third party. Subject to the foregoing, all versions of the Solution are provided "as is". To the maximum extent permitted by applicable law, infinit disclaims all implied and statutory warranties, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose or non-infringement.
8. Indemnification.
   
   

   8.1  infinit Indemnification Obligations. infinit shall defend, indemnify and hold User harmless from and against any and all damages, costs, losses, liabilities or expenses (including court costs and reasonable attorneys' legal fees) which User may suffer or incur in connection with any actual claim, demand, action or other proceeding by any third party against User arising from any claims that the Solution infringes the intellectual property rights of a third party. infinit shall not have any liability to the extent any claim is the result of (a) infinit's compliance with specifications provided by User, (b) the combination of any version of the Solution with other hardware, software or services not provided by infinit, (c) the collection, use or transfer of User Data in compliance with this Agreement, or (d) User's actions, omissions or breach of this Agreement. If any version of the Solution shall be the subject of an indemnifiable claim, or infinit reasonably believes that any version of the Solution shall be the subject of an indemnifiable claim, infinit may terminate this Agreement with written notice.

   8.2  User Indemnification Obligations. User shall defend, indemnify and hold infinit (and its creator) harmless from and against any and all damages, costs, losses, liabilities or expenses (including court costs and reasonable attorneys' fees) which infinit may suffer or incur in connection with any actual claim, demand, action or other proceeding by any third party arising from the provision by User of any data not in compliance with applicable law.

   8.3  Procedure. The obligations of either party to provide indemnification under this Agreement will be contingent upon the indemnified party (i) providing the indemnifying party with prompt written notice of any claim for which indemnification is sought, (ii) cooperating fully with the indemnifying party (at the indemnifying party's expense), and (iii) allowing the indemnifying party to control the defense and settlement of such claim, provided that no settlement may be entered into without the consent of the indemnified party if such settlement would require any action on the part of the indemnified party other than to cease using any allegedly infringing or illegal content or services. Subject to the foregoing, an indemnified party will at all times have the option to participate in any matter or litigation through counsel of its own election at its own expense.

9. Limitation of Liability. In no event shall infinit (or its creator) have any liability for any consequential, indirect, special or punitive damages, arising out of or relating to this Agreement or the infinit software or the Solution. The entire liability of infinit (or its creator) hereunder or in respect of the software and the Solution shall not exceed the total amount User has actually paid to infinit in respect of the Solution. As such, if User has not paid for the Solution, infinit will not have any liability to User whatsoever.

10. Term. This Agreement will be in effect as of the date it is accepted and continue in effect for one-month periods, with automatic renewals, until terminated pursuant to the terms and conditions. Either party may terminate this Agreement upon 30 days prior written notice for any reason. Either party may terminate this Agreement upon written notice if the other party shall materially breach this Agreement and not cure such breach within 10 days of receipt of written notice thereof from the non-breaching Party. Upon any termination of this Agreement, User shall cease all use of the Solution. Sections 2 - 12 of this Agreement shall survive any termination or expiration thereof. Neither party shall have liability for the termination of this Agreement in accordance with its terms.

11. Miscellaneous. This Agreement together with its exhibits and any documents referenced herein constitute the entire agreement between the parties regarding the subject matter hereof and supersedes any and all other agreements between the parties regarding the subject matter hereof. In the event of any conflict or inconsistency between the terms of this Agreement and the terms of any exhibit or referenced document the terms of this Agreement shall govern unless expressly set forth otherwise in the applicable exhibit or referenced document. Except as expressly set forth herein, this Agreement may not be modified or amended except in a writing executed by both parties. If any part of this Agreement shall be invalid or unenforceable, such part shall be interpreted to give the maximum force possible to such terms as possible under applicable law, and such invalidity or unenforceability shall not affect the validity or enforceability of any other part or provision of this Agreement. infinit may assign its rights or obligations under this Agreement to an affiliated company or to a purchaser of all or substantially all of infinit's assets or share capital, or to any company succeeding to infinit's business. User shall not assign any of its rights or obligations hereunder without infinit's prior written consent. Assignments in violation of the foregoing shall be void. This Agreement shall be governed by the laws of the State of California, and the competent state or federal courts in Santa Clara County, California shall have exclusive jurisdiction to hear any disputes arising hereunder. Notwithstanding the foregoing, either party may seek an injunction or other equitable relief in any court of competent jurisdiction in order to prevent a breach or threatened breach of this Agreement. infinit may provide any notices required under this Agreement or any exhibits or documents referenced herein to the contact information provided by User as part of registration.