Terms of Use

These Terms of Use ("Terms") govern the access to and use of the WHOCAN platform ("Service"), a cloud security analysis tool provided by PRAGMABLE ("Provider", "we", "us"), a French Société par Actions Simplifiée (SAS), registered in France. By accessing or using the Service, the Customer ("Customer", "you") agrees to be bound by these Terms.

1. Definitions

• "Service": The WHOCAN cloud security analysis platform, including all associated agents, sidecars, scripts, SDKs, APIs, and documentation.
• "Customer": The legal entity or individual subscribing to and using the Service.
• "Customer Environment": The cloud accounts, infrastructure, systems, and resources connected to the Service by the Customer.
• "Findings": Security findings, reports, recommendations, alerts, and analysis generated by the Service.
• "Credentials": API keys, access tokens, IAM roles, passwords, and any other authentication mechanisms used in connection with the Service.
• "Preview Access": Any beta, pre-release, trial, proof of concept (POC), test environment, early access, or evaluation access to the Service or any of its features that are not generally available.
• "Confidential Information": Any non-public technical or business information of a Party, including without limitation information relating to techniques, algorithms, know-how, current and future products and services, research, engineering, designs, financial information, customers, and business plans.
• "Party": The Customer or PRAGMABLE, collectively the "Parties".

2. Eligibility

The Customer represents that it is a legal entity duly organized under applicable law, or an individual of legal age capable of entering into binding agreements. The Customer must have the authority to accept these Terms on behalf of the entity it represents.

3. Non-Consumer Service

The Service is designed for professional, business, and commercial use and is not intended for personal, family, or household purposes. To the fullest extent permitted by applicable law, this Agreement is deemed to be entered into between two professionals.

Nonetheless, if the Customer qualifies as a consumer under applicable law, and applicable law provides consumers with statutory, non-waivable rights, such statutory provisions shall prevail over any conflicting terms of this Agreement.

4. Service Description and Scope

The Service provides automated cloud security analysis, configuration assessments, and vulnerability detection within Customer Environments.

All Findings and recommendations provided by the Service are advisory in nature. Findings represent a point-in-time analysis based on information accessible at the time of the scan. New vulnerabilities, configuration changes, or environmental factors may arise after the analysis.

The Customer acknowledges that no security assessment tool can detect all vulnerabilities or guarantee complete protection against cyber threats. Undetected vulnerabilities may remain present in the Customer Environment.

The Service relies on automated analysis, including rule-based engines and, where applicable, machine learning or artificial intelligence techniques, to generate Findings. Automated analysis may produce incomplete, inaccurate, or false-positive results. The Customer acknowledges that Findings do not constitute automated decision-making with legal or similarly significant effects within the meaning of Article 22 of the GDPR, and that all Findings require human review and validation before any action is taken.

5. Preview Access

PRAGMABLE may allow the Customer to access certain features or environments under Preview Access, including beta features, proof of concept (POC) environments, trial periods, test environments, or early access programs. Preview Access is provided for evaluation purposes and is not intended for production use.

Preview Access may be modified, removed, or discontinued, or made generally available (including for a fee) at PRAGMABLE's sole discretion and without any liability to the Customer.

All Preview Access is provided "AS IS," without warranty or representation of any kind. PRAGMABLE's liability for any damage arising out of or in connection with Preview Access is excluded in its entirety, except to the extent liability cannot be excluded or limited under applicable law. The Customer assumes all risks associated with its use of Preview Access.

6. Free Tier

6.1 Availability

PRAGMABLE may offer a free tier of the Service ("Free Tier") allowing the Customer to access certain features of the Service at no cost. The Free Tier may be limited in scope, capacity, features, or duration at PRAGMABLE's sole discretion.

6.2 No Payment, No Obligation

The Free Tier is provided without charge and without any commitment from PRAGMABLE regarding availability, continuity, or level of service. PRAGMABLE may at any time and without prior notice:

• modify, limit, or remove Free Tier features;
• impose usage limits or restrictions;
• discontinue the Free Tier entirely; or
• convert the Free Tier to a paid offering.

6.3 No Support

The Free Tier does not include any support obligation. PRAGMABLE may, at its discretion, provide limited support resources such as documentation or community channels, but is under no obligation to do so.

6.4 Liability

To the maximum extent permitted by applicable law, PRAGMABLE's total liability arising out of or related to the Free Tier shall not exceed zero euros (€0). All disclaimers and limitations of liability set forth in Sections 15 and 16 apply in full to the Free Tier.

6.5 Termination

PRAGMABLE may suspend or terminate Free Tier access at any time and for any reason without prior notice. The 30-day cure period set forth in Section 20.3 and the 8-day notice period set forth in Section 20.2 do not apply to the Free Tier.

6.6 Data Retention

Upon termination of Free Tier access, Customer data may be deleted after fifteen (15) days. It is the Customer's sole responsibility to export or back up its data before termination. The longer retention periods set forth in the DPA do not apply to the Free Tier unless otherwise specified.

6.7 Conversion to Paid Subscription

If the Customer upgrades from the Free Tier to a paid subscription, all Terms applicable to paying Customers shall apply from the date of upgrade. Any data, Findings, or configurations from the Free Tier will carry over to the paid subscription, subject to the applicable plan terms.

6.8 Remaining Terms

Except as modified by this Section 6, all other provisions of these Terms apply to the Free Tier, including but not limited to Customer Responsibilities (Section 10), Restrictions of Use (Section 11), Confidentiality (Section 13), and Indemnification (Section 17).

7. Customer-Managed Deployment

7.1 Scope

PRAGMABLE may offer the option to deploy the Service within the Customer's own infrastructure, cloud accounts, or private environments ("Customer-Managed Deployment"). This Section 7 applies exclusively to Customer-Managed Deployments and supplements the other provisions of these Terms.

7.2 Data Responsibility

In a Customer-Managed Deployment, all Customer data remains within the Customer's infrastructure at all times. PRAGMABLE does not host, store, or process Customer data on its own systems as part of the Customer-Managed Deployment.

The Customer is the sole data controller and, where applicable, data processor for all data generated, processed, or stored within its own infrastructure. The data processing obligations set forth in Section 14 (Data Processing and Privacy) — including Sections 14.2 (Data Location), 14.4 (Data Retention), and 14.6 (Security Incident Notification) — do not apply to data that remains exclusively within the Customer's infrastructure.

7.3 Telemetry and Service Data

Even in a Customer-Managed Deployment, PRAGMABLE may collect limited technical data necessary for the operation of the Service, including:

• license validation and entitlement checks;
• anonymized usage metrics and feature adoption data;
• error reports and diagnostic information.

7.4 Customer Infrastructure Responsibilities

In a Customer-Managed Deployment, the Customer is solely responsible for:

• provisioning, configuring, and maintaining the infrastructure on which the Service is deployed;
• ensuring the infrastructure meets the minimum requirements specified in the Service documentation;
• applying updates, patches, and new versions of the Service made available by PRAGMABLE;
• managing backups, disaster recovery, and high availability of the deployment;
• controlling and securing all network access to and from the deployed Service;
• managing access controls, user accounts, and authentication mechanisms for the deployed instance.

7.5 License and Restrictions

A Customer-Managed Deployment grants the Customer a limited, non-exclusive, non-transferable right to install and operate the Service within the Customer's own infrastructure, subject to the license scope defined in the applicable order form or subscription terms.

All provisions of Section 11 (Restrictions of Use) and Section 12 (Intellectual Property) apply in full to Customer-Managed Deployments. The Customer shall not modify, reverse engineer, or create derivative works of the Service software, regardless of where it is deployed.

7.6 Support

Unless otherwise agreed in writing, PRAGMABLE's support obligations for Customer-Managed Deployments are limited to the Service software itself. PRAGMABLE is not responsible for supporting the Customer's underlying infrastructure, network, or third-party components.

7.7 Remaining Terms

Except as modified by this Section 7, all other provisions of these Terms apply to Customer-Managed Deployments, including but not limited to Confidentiality (Section 13), Disclaimer of Warranties (Section 15), Limitation of Liability (Section 16), and Indemnification (Section 17).

8. Customer Authorization and Right to Grant Access

The Customer represents and warrants that it owns or has the full legal authority to grant PRAGMABLE access to the cloud accounts, systems, environments, and data connected to the Service.

The Customer confirms that such access does not violate any contractual obligation, internal policy, or applicable law.

If the Customer connects environments owned or operated by third parties, the Customer represents that it has obtained all necessary permissions and authorizations prior to granting access to PRAGMABLE.

PRAGMABLE shall not be responsible for any claim, dispute, or liability arising from the Customer's failure to obtain proper authorization.

9. Authorized Security Testing

The Customer authorizes PRAGMABLE to perform automated security analysis, configuration assessments, and vulnerability detection within the Customer Environments connected to the Service.

Such activities may include the analysis of cloud configurations, infrastructure metadata, identity and access management settings, and other security-relevant information necessary for the operation of the Service.

The Customer acknowledges that these activities are limited to automated analysis and do not constitute active exploitation, penetration testing, or intentional service disruption.

10. Customer Responsibilities

10.1 Infrastructure and Security

The Customer remains solely responsible for the security, configuration, operation, and maintenance of its infrastructure, systems, and cloud environments. PRAGMABLE does not operate, control, or manage the Customer Environment. The Customer retains full control and responsibility for all infrastructure changes, configurations, and operational decisions.

PRAGMABLE provides recommendations and analysis only and does not replace internal security practices or operational controls. The Customer is responsible for evaluating Findings with qualified personnel before implementation.

10.2 Credentials and Access Management

The Customer is solely responsible for the creation, management, protection, and use of any Credentials used in connection with the Service.

The Customer agrees to grant only the minimum permissions strictly necessary for the operation of the Service in accordance with the principle of least privilege. The Service documentation provides recommended permission policies intended to limit access to only what is required.

The Customer acknowledges that it has reviewed, understood, and approved the permissions granted to the Service prior to deployment.

PRAGMABLE does not require or request administrative, unrestricted, or excessive permissions unless explicitly stated in the official documentation. Any broader permissions granted by the Customer are provided at the Customer's sole discretion and risk.

PRAGMABLE shall not be responsible for any security incident, data exposure, system modification, or operational impact arising from:

• excessive permissions granted by the Customer,
• misconfigured IAM roles or policies,
• compromised Credentials under the Customer's control, or
• the Customer's failure to follow the recommended least-privilege configuration.

10.3 Account Security and User Management

The Customer is responsible for maintaining the confidentiality and security of all account credentials, login details, and access tokens associated with its use of the Service.

The Customer shall ensure that:

• account credentials are individual and not shared between multiple users;
• access to the Service is limited to authorized personnel within the Customer's organization;
• any suspected unauthorized access or compromise of account credentials is reported to PRAGMABLE without undue delay.

10.4 Lawful Use

The Customer agrees not to use the Service for unlawful purposes, including unauthorized scanning, testing, or analysis of systems belonging to third parties. Any such misuse may result in immediate suspension or termination of the Service.

10.5 Customer Verification and Responsible Use

The Service is intended for the defensive analysis of cloud environments that the Customer owns or is expressly authorized to assess.

PRAGMABLE may, at any time and as a condition of continued or expanded access, carry out reasonable identity and legitimacy checks, including know-your-customer (KYC) verification, on the Customer and its authorized users. PRAGMABLE may reserve certain features for verified Customers, including enterprise capabilities and access to the latest vulnerability database.

PRAGMABLE may decline, restrict, or revoke access where it reasonably considers that the Service could be used to cause harm, including use by unverified parties or use directed at environments the Customer does not own or is not authorized to assess.

Authorized security assessments — such as penetration testing, red-team operations, or adversary emulation — are supported only against environments the Customer owns or is permitted to assess and, where PRAGMABLE considers it appropriate, subject to PRAGMABLE's prior written approval on a case-by-case basis. This Section 10.5 supplements Sections 8 (Customer Authorization and Right to Grant Access), 9 (Authorized Security Testing), and 10.4 (Lawful Use), and is without prejudice to PRAGMABLE's rights under Section 20 (Suspension and Termination).

11. Restrictions of Use

The Customer shall not:

• reverse engineer, decompile, or disassemble the Service;
• reproduce or replicate the Service or its components;
• provide access to the Service to any third-party organization without prior written authorization;
• use the Service to conduct unauthorized security testing against PRAGMABLE infrastructure;
• use the Service in violation of applicable laws or regulations.

Any penetration testing or security testing targeting PRAGMABLE systems requires prior written authorization.

12. Intellectual Property

12.1 PRAGMABLE Ownership

All rights, title, and interest in and to the Service, including its software, algorithms, architecture, documentation, and underlying technology, remain the exclusive property of PRAGMABLE.

No rights are granted to the Customer other than the limited right to access and use the Service in accordance with these Terms.

12.2 Customer Data Ownership

The Customer is and will remain the sole and exclusive owner of all rights, title, and interest in its data, content, and information submitted to or processed by the Service. PRAGMABLE is granted a non-exclusive, royalty-free license to host, process, and analyze such data solely as necessary to provide the Service.

12.3 Feedback

The Customer has no obligation to provide feedback. However, if the Customer submits feedback, suggestions, or improvement ideas, the Customer acknowledges that such feedback is free from any confidentiality restriction and hereby grants PRAGMABLE a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, adapt, modify, and otherwise commercially exploit such feedback. No feedback will be considered Customer Confidential Information, and nothing in these Terms limits PRAGMABLE's right to independently develop or market products or services, whether incorporating feedback or otherwise.

12.4 Third-Party Trademarks and No Affiliation

"Amazon Web Services", "AWS", "Google Cloud Platform", "GCP", "Microsoft Azure", and any related product names (including but not limited to IAM, S3, EC2, Lambda, BigQuery, Azure AD) are trademarks or registered trademarks of their respective owners: Amazon.com, Inc., Google LLC, and Microsoft Corporation.

WHOCAN is an independent product of PRAGMABLE. It is not affiliated with, endorsed by, sponsored by, or officially connected with Amazon Web Services, Google Cloud Platform, Microsoft Azure, or any of their parent companies, subsidiaries, or affiliates.

References to third-party products, services, or documentation within the Service, its documentation, or its website are made for informational and interoperability purposes only and do not imply any partnership, sponsorship, or endorsement.

The use of third-party trademarks within the Service is solely to describe compatibility and integration capabilities, in accordance with applicable trademark fair use principles.

13. Confidentiality

13.1 Obligations

Each Party will, during the term of this Agreement and for a period of three (3) years after its termination or expiry, maintain in confidence all Confidential Information of the other Party and will not use such Confidential Information for any purpose except as expressly permitted herein.

Access to Confidential Information must be limited to authorized members of the receiving Party's organization who need to access such information and are subject to binding confidentiality obligations at least as protective as those set forth herein.

13.2 Exclusions

Confidential Information does not include information that:

• is or becomes generally known to the public through no fault or breach of these Terms by the receiving Party;
• the receiving Party can demonstrate was rightfully in its possession at the time of disclosure, without an obligation of confidentiality;
• is independently developed by the receiving Party without the use of or access to the disclosing Party's Confidential Information; or
• the receiving Party rightfully obtains from a third party not under a duty of confidentiality and without restriction on use or disclosure.

13.3 Compelled Disclosure

If a Party is legally required to disclose Confidential Information (including through legal proceedings, regulatory requests, or government investigations), it shall promptly notify the other Party unless legally prohibited from doing so and use reasonable efforts to limit disclosure and obtain confidential treatment or a protective order.

13.4 Remedies

The Customer may be held liable for any damages resulting from unauthorized disclosure. In the event of a breach or threatened breach of this section, the disclosing Party shall be entitled to seek injunctive relief in addition to any other remedies available at law.

14. Data Processing and Privacy

14.1 Personal Data

PRAGMABLE processes personal data in accordance with Regulation (EU) 2016/679 (General Data Protection Regulation — GDPR) and applicable French data protection laws.

The nature, scope, and purposes of data processing are described in the Data Processing Agreement (DPA), available upon request or on the PRAGMABLE website. In case of conflict between these Terms and the DPA regarding personal data processing, the DPA shall prevail.

14.2 Data Location and Sovereignty

Customer data processed by the Service is hosted and stored within the European Union / European Economic Area (EU/EEA) by default.

PRAGMABLE uses infrastructure services provided by third-party cloud providers (including AWS) located in EU/EEA regions. A list of subprocessors and their locations is available upon request or on the PRAGMABLE website, and is maintained in accordance with the DPA.

PRAGMABLE will not transfer Customer data outside the EU/EEA unless:

• the Customer has given prior written consent;
• an adequate level of data protection is ensured in the destination country by an adequacy decision of the European Commission; or
• appropriate safeguards are in place, such as Standard Contractual Clauses (SCCs) approved by the European Commission, supplemented by a Transfer Impact Assessment where required.

14.3 Anonymized Data and Service Improvement

PRAGMABLE may use anonymized and aggregated security findings for the purpose of improving the Service and developing security insights, provided that such data cannot be used to identify the Customer or its infrastructure.

14.4 Data Retention and Deletion

Upon termination of the Service, PRAGMABLE will retain Customer data for a period specified in the DPA, after which it will be securely deleted. The Customer may request earlier deletion of its data in writing.

14.5 Logs and Audit

PRAGMABLE may maintain logs of platform activity for security, troubleshooting, and compliance purposes. Such logs may include technical information related to the operation of the Service.

14.6 Security Incident Notification

In the event of a confirmed security incident affecting Customer data processed by the Service, PRAGMABLE will notify the Customer without undue delay and in any event within seventy-two (72) hours of becoming aware of the incident, in accordance with Article 33 of the GDPR.

Such notification will include, to the extent available:

• a description of the nature of the incident;
• the categories and approximate number of data records affected;
• the likely consequences of the incident; and
• the measures taken or proposed to address the incident and mitigate its effects.

15. Disclaimer of Warranties

The Service is provided on an "AS IS" and "AS AVAILABLE" basis.

PRAGMABLE does not warrant that the Service will operate without interruption or error.

Any external libraries, SDKs, or dependencies dynamically retrieved by the Service are used at the Customer's own risk.

Except as expressly stated in these Terms, PRAGMABLE makes no warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

Unless a separate Service Level Agreement (SLA) has been executed in writing between PRAGMABLE and the Customer, the Service is provided without any commitment regarding availability, response time, or performance levels. PRAGMABLE will use commercially reasonable efforts to maintain the availability of the Service but does not guarantee uninterrupted access.

16. Limitation of Liability

PRAGMABLE's total liability arising out of or related to the Service shall not exceed the total subscription fees paid by the Customer during the twelve (12) months preceding the claim.

PRAGMABLE shall not be liable for any indirect, incidental, consequential, or special damages, including but not limited to loss of profits, loss of data, loss of business opportunities, or service interruptions.

PRAGMABLE shall not be responsible for:

• configuration changes, system failures, or operational impacts resulting from Customer infrastructure configurations or third-party services;
• failures, vulnerabilities, or security incidents arising from third-party services, cloud providers, external libraries, or integrations used by the Customer.

The limitations set forth in this Section 16 shall not apply in cases of gross negligence (faute lourde) or willful misconduct (dol) by PRAGMABLE, or in any other case where liability cannot be excluded or limited under applicable French law.

17. Indemnification

17.1 By the Customer

The Customer agrees to indemnify, defend, and hold harmless PRAGMABLE, its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from:

• the Customer's breach of applicable laws or third-party rights;
• the Customer's violation of these Terms;
• the Customer's use of the Service on infrastructure it does not own or is not authorized to test.

17.2 By PRAGMABLE (IP Indemnification)

PRAGMABLE agrees to defend, indemnify, and hold the Customer harmless from and against any third-party claim alleging that the Customer's use of the Service in compliance with these Terms infringes upon such third party's intellectual property rights.

PRAGMABLE's indemnification obligation does not apply to the extent the third-party claim arises out of or relates to:

• the Customer's breach of these Terms;
• Customer data or content;
• use of the Service in connection with materials not provided by PRAGMABLE; or
• Preview Access.

17.3 Procedure

The indemnified Party will promptly inform the indemnifying Party of the applicable claim. The indemnifying Party will have sole control of the defense and all related settlement negotiations, provided it may not settle the claim unless it unconditionally releases the indemnified Party of all liability or obtains the indemnified Party's prior approval. The indemnified Party will cooperate with the claim investigation, defense, and trial upon reasonable request.

18. Service Modifications and Pricing

18.1 Service Modifications

PRAGMABLE reserves the right to modify, update, or improve the Service at any time in order to enhance security, functionality, or performance. Such modifications may result in changes to features or functionality.

18.2 Pricing Changes

PRAGMABLE may revise its pricing with at least thirty (30) days' prior written notice before the next billing cycle. Continued use of the Service after a price change constitutes acceptance of the new pricing.

19. Changes to Terms

PRAGMABLE may modify these Terms from time to time. When PRAGMABLE makes a material change, it will provide the Customer with prominent notice by email or within the platform.

To the extent any material change is materially less favorable to the Customer than the original term, the Customer may, as its sole and exclusive remedy, terminate these Terms and obtain a pro-rata refund of any prepaid and unused fees.

The Customer's failure to terminate and request a pro-rata refund within thirty (30) days from the date the Customer is informed of the change will be deemed acceptance of the revised Terms.

20. Suspension and Termination

20.1 Immediate Suspension

PRAGMABLE may immediately suspend or restrict access to the Service if it reasonably determines that the Customer's use may pose a security risk, violate applicable laws, violate these Terms, or threaten the integrity of the platform.

20.2 Suspension for Non-Payment

PRAGMABLE may suspend access to the Service eight (8) days after written notice to the Customer if the Customer fails to pay any amounts due under these Terms.

20.3 Termination

Either Party may terminate these Terms immediately on written notice if the other Party is in material breach and fails to cure that breach within thirty (30) days of receipt of written notice.

PRAGMABLE may terminate access immediately if the Customer's use of the Service breaches applicable law or these Terms in a manner that cannot be cured.

Upon termination, the Customer must cease all use of the Service. Data retention and deletion following termination are governed by Section 14.4.

20.4 Survival

Sections 1 (Definitions), 12 (Intellectual Property), 13 (Confidentiality), 14.3 (Anonymized Data), 15 (Disclaimer of Warranties), 16 (Limitation of Liability), 17 (Indemnification), 22 (Governing Law), and 28 (General Provisions) shall survive the expiration or termination of these Terms to the fullest extent necessary for their enforcement and for the protection of the Party in whose favor they operate.

20.5 Security and Abuse Prevention

PRAGMABLE reserves the right to temporarily or permanently block access to the Service for any User, organization, IP address, or Customer Environment if we detect suspicious or abusive behavior, including but not limited to:

PRAGMABLE will use commercially reasonable efforts to notify the affected Customer prior to implementing any block, except where notification may compromise an investigation, violate legal obligations, or where immediate action is required to prevent harm. Notifications will be sent to the email address associated with the Customer account.

The Customer may request review of any block by contacting PRAGMABLE support. PRAGMABLE will review the request in good faith and respond within a reasonable timeframe.

This Section 20.5 is without prejudice to PRAGMABLE's rights under Section 20.1 (Immediate Suspension) and Section 20.3 (Termination).

• unauthorized data extraction, dumping, or scraping of Service data or Findings;
• automated access patterns that exceed reasonable usage limits;
• attempts to bypass technical protections or access controls;
• activity that threatens the security, integrity, or availability of the Service; or
• use of the Service in connection with malicious or fraudulent activities.

21. Force Majeure

PRAGMABLE shall not be liable for any delay or failure to perform its obligations due to events beyond its reasonable control, including but not limited to cloud provider outages, cyberattacks, internet disruptions, natural disasters, or governmental actions.

If such event prevents performance for more than sixty (60) days, either Party may terminate these Terms upon fifteen (15) days' prior written notice.

22. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of France, without regard to conflict of law principles. The United Nations Convention for the International Sale of Goods shall not apply.

Any dispute arising from or relating to the use of the Service shall fall under the exclusive jurisdiction of the courts of Paris, France.

The Parties undertake to take all reasonable steps to reach a mutual agreement on any dispute before initiating legal proceedings.

23. Export Compliance

The Customer agrees to comply with all applicable export control and trade sanction laws and regulations.

The Customer represents that it is not located in, under the control of, or a national or resident of any country subject to applicable trade restrictions and is not listed on any government sanctions list.

24. Anti-Bribery

Each Party shall comply with applicable anti-bribery and anti-corruption laws, including the French law of December 9, 2016, on transparency, the fight against corruption and the modernization of economic life (Loi Sapin II).

25. AWS Marketplace

If the Service is purchased through AWS Marketplace, billing, payment processing, and subscription management may be handled by AWS in accordance with AWS Marketplace terms and conditions.

In the event of a conflict between these Terms and the applicable AWS Marketplace terms regarding billing or payment, the AWS Marketplace terms shall prevail.

26. Support

Customer support for the Service is provided in accordance with PRAGMABLE's Support Policy, which may be updated from time to time and made available on the PRAGMABLE website or documentation portal.

27. Governing Language

These Terms are drafted in English. In the event of a translation into any other language, the English version shall prevail in case of conflict or ambiguity.

28. General Provisions

• Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
• Entire Agreement: These Terms, together with the DPA and any applicable order forms, constitute the entire agreement between the Parties regarding the Service, superseding any prior or contemporaneous agreements, communications, and proposals.
• Assignment: Neither Party may assign these Terms without the prior written consent of the other Party, except to an Affiliate or in connection with a merger, reorganization, or sale of substantially all of its assets. The assigning Party will provide the other Party with prompt written notice.
• Waiver: Failure by either Party to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.
• Independent Contractors: The Parties are independent contractors. Nothing in these Terms creates a relationship of agency, partnership, joint venture, or employment between the Parties. Neither Party has the authority to bind or commit the other Party in any way.
• Notices: Notices under these Terms shall be sent to the email address associated with the Customer's account or to the contact address provided by PRAGMABLE. The Parties may use email to satisfy written notice or consent requirements under these Terms.
• No Third-Party Beneficiaries: Except as expressly set out herein, there are no third-party beneficiaries under these Terms.