WEBSITE TERMS OF USE

Last Updated Sept 3, 2024

1. Terms

By accessing or using this web site, including any website owned or operated by Glean Technologies, Inc. (“Glean”) or its affiliates (collectively, the “Site”) in any manner, you are agreeing to be bound by these Website Terms of Use (the “Terms”) without any modification and to the exclusion of all other terms. You agree that you will be responsible for compliance with all applicable laws and regulations, including any applicable local laws. If you do not agree with any of these Terms, then you are prohibited from using or accessing the Site and should log off of it immediately. The materials contained on the Site are protected by applicable copyright and trademark law and other applicable proprietary rights and laws. If you are entering into these Terms on behalf of an entity, then you represent and warrant that you are authorized to bind such entity to these Terms.

The Site is available only to individuals who are at least 13 years old. You represent and warrant that if you are an individual, you are at least 13 years old, you are of legal age to agree to these terms and conditions or you have your parents’ permission to do so, and that all registration information you submit is accurate and truthful. Glean may, in its sole discretion, refuse to offer the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.

2. Use License

Subject your full compliance with these Terms, permission is granted to temporarily access the information, materials, and other content on the Site (the “Content”) for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

  • modify or copy the Content;
  • use the Content for any commercial purpose, or for any public display (commercial or non-commercial);
  • attempt to decompile or reverse engineer any software contained on the Site (except to the extent such restriction is prohibited by applicable law);
  • remove any copyright or other proprietary notations from the Content; or
  • transfer the Content to another person or “mirror” the Content on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Glean at any time. Upon terminating your viewing of the Site or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.  Glean and its licensors own all Content.  

Without limiting the foregoing, you shall not (and shall not permit any third party to) take any action or upload, download, post, submit, or otherwise distribute (or facilitate distribution of) any Content on or through the Site, that:

  • infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity;
  • is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane;
  • constitutes unauthorized or unsolicited advertising, junk, spam or bulk e-mail;
  • involves commercial activities and/or sales without Glean’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
  • contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of the Site or any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to the Site or any system, data, password or other information of Glean or any third party; or
  • impersonates any person or entity, including any employee or representative of Glean.

Additionally, you shall not: (i) take any action that imposes or may impose (as determined by Glean in its sole discretion) an unreasonable or disproportionately large load on Glean’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper operation of the Site or any activities conducted on the Site; (iii) bypass any measures Glean may use to prevent or restrict access to the Site (or other accounts, computer systems or networks connected to the Site); or (iv) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site.

3. Registration

As a condition to using certain aspects of the Site, you will be required to register with Glean and select a password and screen name (“Glean User ID”). You shall provide Glean with accurate, complete, and updated registration information, and failure to do so shall constitute a breach of these Terms, which may result in immediate termination of your account. You shall not (i) select or use as a Glean User ID a name of another person with the intent to impersonate that person; (ii) use as a Glean User ID a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a Glean User ID a name that is otherwise offensive, vulgar or obscene.

Glean reserves the right to refuse registration of, or cancel a Glean User ID in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Glean User ID password. You shall never use another user’s Glean User ID. You will immediately notify Glean in writing of any unauthorized use of your Glean User ID or any other account-related security breach of which you are aware.

4. User Submissions

The Site may provide you with the ability to upload, submit, disclose, distribute or otherwise post (hereafter, “posting”) data, text, photographs, graphics, visualizations, videos, audio clips, written forum comments, software, scripts, works of authorship or other information or content, to the Site (“User Submissions”). By posting User Submissions on or at the Site, you agree to the following:

  • By submitting the User Submissions to Glean, or displaying, publishing, or otherwise posting any content on or through the Site, you hereby do and shall grant Glean a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with the Site, and Glean’s (and its successors’ and assigns’) business, including without limitation, for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites). You also hereby do and shall grant each user of the Site a non-exclusive license to access your User Submissions through the Site, and to use, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Site and under these Terms. For clarity, the foregoing license grant to Glean does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s), unless otherwise agreed in writing;
  • You represent and warrant that you own or otherwise control all rights to such User Submissions and that disclosure and use of such User Submissions by Glean (including without limitation, publishing content on or at the Site) will not infringe or violate the rights of any third party; and
  • You acknowledge and agree that: (i) without limiting the licenses granted by you to Glean with respect to your User Submissions, Glean shall have the right to reformat, excerpt, or translate your User Submissions; (ii) all information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which such content originated; (iii) Glean will not be liable for any errors or omissions in any User Submission; and (iv) Glean cannot guarantee the identity of any other users with whom you may interact in the course of using the Site.

You hereby grant Glean a royalty-free, worldwide, transferable, sub licensable, irrevocable, perpetual license to use or incorporate into the Site any suggestions, enhancement requests, recommendations or other feedback that you provide to Glean relating to the operation of the Site.

Glean does not endorse and has no control over any User Submission. Glean cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that: (i) all Content accessed by you using the Site and all User Submissions provided by you are is at your own risk, and (ii) you will be solely responsible for any damage or loss to any party resulting therefrom.

Glean has no obligation to monitor the Site for User Submissions. Glean may remove any User Submission at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Submission), or for no reason at all.

5. Disclaimer

THE SITE AND ALL CONTENT ON THE SITE (INCLUDING WITH LIMITATION ANY USER SUBMISSIONS) ARE PROVIDED “AS IS”. GLEAN MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHER, GLEAN DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE CONTENT ON THE SITE, OR OTHERWISE RELATING TO CONTENT ON ANY SITES LINKED TO THIS SITE.

6. Limitations

In no event shall Glean or its directors, employees, agents, partners, suppliers be liable under any contract, tort, strict liability, negligence or other legal or equitable theory with respect to the Site or your use thereof for any direct damages in excess of one-hundred U.S. dollars ($100.00), or for any special, incidental, indirect, consequential or punitive damages, or for lost profits, lost opportunities, or interruption of business, even if Glean or a Glean authorized representative has been notified of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

7. Revisions and errata

The Content appearing on the Site could include technical, typographical, or photographic errors. Glean does not warrant that any of the Content on its Site is accurate, complete, or current. Glean may make changes to the Content contained on its Site at any time without notice; however, Glean does not make any commitment to update the Content.

8. Links

Glean has not reviewed all of the websites linked to the Site and is not responsible for the contents of any such linked website. The inclusion of any link does not imply endorsement by Glean of such linked website. Use of any such linked website is at the user’s own risk, and you acknowledge that Glean shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by on in connection with your use of such linked websites or any content or materials contained therein.

9. Indemnification

You shall defend, indemnify, and hold harmless Glean, its affiliates and each of its, and its affiliates, employees, contractors, directors, suppliers and representatives from and against all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to i) your use or misuse of, or access to, the Site or otherwise from your User Submissions, (ii) your violation of these Terms, or (iii) infringement by you (or any third party using the your Glean User ID) of any intellectual property or other right of any person or entity. Glean reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Glean in asserting any available defenses.

10. Modifications to Site Terms

Glean may revise these Terms at any time without notice by posting new terms and conditions to the Site. It is your responsibility to check the Terms periodically for changes. By using the Site, you are agreeing to be bound by the then-current version of these Terms.

11. Termination

Glean may terminate your access to all or any part of the Site at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your Glean User ID. If you wish to terminate your account, you may do so by following the instructions on the Site. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

12. Governing Law; Dispute Resolution

Any claim relating to the Site shall be governed by the laws of the State of California without regard to its conflict of law provisions.

A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and Glean agree that any cause of action arising out of or related to the Site must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in San Francisco County, California, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in the arbitration shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees, and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in the Northern District of California. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation, this section.

13. Miscellaneous

These Terms are the entire agreement between you and Glean with respect to the use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Glean with respect to the Site. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Glean shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Glean’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. These Terms are personal to you, and are not assignable, transferable or sublicensable by you except with Glean’s prior written consent. Glean may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms, and neither party has any authority of any kind to bind the other in any respect.

14. Digital Millennium Copyright Act (DMCA) Notice

As Glean asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that any material located on or linked to by or through the Site violates your copyright, you may notify Glean in accordance with the following policy. The address of Glean’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this section.

It is Glean’s policy to (1) block access to or remove content that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.

A. Procedure for Reporting Copyright Infringements:

If you believe that content residing on or accessible through the Site infringes a copyright, please send a written notice of copyright infringement containing the following information to the Designated Agent listed below:

  • A physical or electronic signature of the owner of the copyright that has been allegedly infringed, or a person authorized to act on such person’s behalf;
  • Identification of the copyrighted works or materials allegedly being infringed;
  • Identification of the content that is claimed to be infringing including information regarding the exact location of the content that the copyright owner seeks to have removed, with sufficient detail so that Glean is capable of finding and verifying its existence;
  • Contact information about the notifier including address, telephone number, and email address;
  • A statement that the notifier has a good faith belief that the use of the allegedly infringing content is not authorized by the copyright owner, its agent, or the law; and
  • A statement made under penalty of perjury that the information provided is accurate, and that the notifying party is the copyright owner or is authorized to make the complaint on behalf of the copyright owner.

15. Contact us

B. Once Proper Bona Fide Infringement Notification is Received by the Designated Agent:

It is Glean’s policy:

  • to remove or disable access to the infringing content;
  • to notify the content provider, member or user that it has removed or disabled access to the content; and
  • that repeat offenders will have the infringing content removed from the system and that Glean will terminate such content provider’s, member’s, or user’s access to the service.

C. Procedure to Supply a Counter-Notice to the Designated Agent:

If the content provider, member or user believes that the content that was removed or to which access was disabled is either not infringing, or the content provider, member or user believes that it has the right to post and use such content from the copyright owner, the copyright owner’s agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:

  • A physical or electronic signature of the content provider, member or user;
  • Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
  • A statement that the content provider, member or user has a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
  • Content provider’s, member’s or user’s name, address, telephone number, and email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s, member’s or user’s address is located, or if the content provider’s, member’s or user’s address is located outside the United States, for any judicial district in which Glean is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Designated Agent, Glean may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Glean’s discretion.

Designated Agent to Receive Notification of Claimed Infringement:

Glean Technologies, Inc.
ATTN: Legal Department
260 Sheridan Avenue, Suite 300
Palo Alto, CA 94306 USA

privacy@glean.com

If you have any questions regarding these Terms, the Glean Privacy Policy (which is hereby incorporated into these Terms by this reference), or the information practices of the Site, please contact the Glean team by mailing:

Glean Technologies, Inc.
ATTN: Legal Department
260 Sheridan Avenue, Suite 300
Palo Alto, CA 94306 USA

privacy@glean.com

Last Updated May 17, 2024

IMPORTANT: READ THIS GLEAN SERVICE AGREEMENT (“AGREEMENT”) BEFORE INSTALLING OR USING THE GLEAN SERVICE (AS DEFINED BELOW). THIS IS A LEGAL AGREEMENT BETWEEN GLEAN, INC. (“GLEAN”) AND YOU OR THE ENTITY THAT YOU REPRESENT (“CUSTOMER”) (INDIVIDUALLY A “PARTY”, COLLECTIVELY THE “PARTIES”). THIS AGREEMENT GOVERNS CUSTOMER’S USE, INCLUDING ANY FREE TRIAL USE, OF THE GLEAN SERVICE (AS DEFINED BELOW). BY ACCEPTING THIS AGREEMENT, EITHER BY CLICKING A BOX OR BUTTON INDICATING YOUR ACCEPTANCE, BY EXECUTING AN ORDER THAT REFERENCES THIS AGREEMENT, OR BY DOWNLOADING, INSTALLING, USING OR ACCESSING THE GLEAN SERVICE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE DOWNLOADING, INSTALLING, USING OR ACCESSING THE GLEAN SERVICE FOR USE BY AN ENTITY OR OTHER INDIVIDUALS OTHER THAN YOURSELF, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THIS AGREEMENT. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT COPY, INSTALL, USE OR ACCESS THE GLEAN SERVICE. IF YOU HAVE SEPARATELY NEGOTIATED ANOTHER AGREEMENT WITH GLEAN, THE TERMS OF SUCH AGREEMENT SHALL OVERRIDE THESE TERMS AND GLEAN’S ONLINE TERMS OF SERVICE.

This Agreement (“Agreement”), is made by and between “Customer” and Glean Technologies, Inc. (“Service Provider”). Customer and Service Provider are each a “Party” and together are the “Parties”. This Agreement sets forth the terms and conditions applicable to Service Provider performance of the services (“Glean”) as outlined in the “Glean Service” attached hereto as Exhibit A

1. License. During the Term (defined on Order), Service Provider grants to Customer the limited, non-exclusive, non-transferable, revocable right to use Glean as described and set forth in Exhibit A, along with any related documentation, subject to the terms and conditions of this Agreement and the following limitations: 

a. Glean shall solely be used by Customer in connection with Service Provider; and b. Any and all use of the Glean must be in accordance with all applicable laws and regulations, including but not limited to those regarding export and data privacy. 

All right, title, and interest in and to Glean, the documentation and all copies thereof, shall at all times remain with Service Provider. 

2. Customer’s Obligations. Customer shall not, and shall not authorize or enable any third party to reverse engineer, decompile, or disassemble Glean or otherwise attempt to discover any source code of Glean. If Customer decides to host Glean, Customer will be responsible for providing a Google Cloud Platform (GCP) Project in which Glean software will run. If Customer is using Glean’s SaaS version, no additional action is required. Customer agrees to participate in surveys, product feedback (through multiple channels) and communication with Service Provider for the purposes of product feedback. 

3. Confidentiality. Confidential Information” means information, in any form or format, marked confidential, identified as Confidential Information at the time of disclosure or the nature of the information and the manner of disclosure are such that a reasonable person would understand it to be confidential. Confidential Information includes, but is not limited to, benchmarks, pricing and roadmaps. Recipient will use at least commercially reasonable efforts to maintain the confidentiality of the Discloser’s Confidential Information, agrees to use Confidential Information only for purposes consistent with this Agreement and will notify the Discloser promptly of any unauthorized use or disclosure of Confidential Information. Confidential Information may be disclosed and used by recipient’s employees, contractors, professional advisors and third parties having a need to know and who are under a similar obligation of confidentiality. 

4. Warranties. Service Provider represents, covenants, and warrants that: (a) Service Provider will perform with due diligence and in a professional manner and in full compliance with the highest professional and ethical standards of practice in the industry, all applicable laws and regulations (including but not limited to employment, privacy and export laws and regulations) and Customer’s privacy, safety and security rules and regulations and to Customer’s reasonable satisfaction; (b) Service Provider will not offer, give or receive money, gifts, favors or excessive entertainment to Customer employees or customers. Service Provider is not restricted or under any obligation by a current or former employer or contractor which limits, restricts or in any way affects Service Provider’s ability to comply with this Agreement; (c) Glean is wholly original with Service Provider; (d) Glean does not and will not infringe, misappropriate or violate any third party’s proprietary rights or intellectual property rights; and (e) Glean does not and will not contain any viruses, which will mean any computer code or routine designed to disrupt, disable, harm, or otherwise impede in any manner, including aesthetic disruptions or distortions, the operation of any software, or any other associated software, firmware, hardware, or computer system (including local area or wide-area networks), in a manner not intended by Customer. Service provider does not warrant that the services will be uninterrupted or error free. 

5. Indemnification. 5.1 Service Provider agrees, at its own expense, to indemnify, defend Customer and hold Customer harmless against any suit, claim, or proceeding brought against Customer alleging that the use of Services in accordance with this Agreement infringes any U.S. copyright, U.S. trademark or U.S. patent, provided that Customer (i) promptly notifies Service Provider in writing of any such suit, claim or proceeding, (ii) allows Service Provider, at Service Provider’s own expense, to direct the defense of such suit, claim or proceeding, (iii) gives Service Provider all information and assistance necessary to defend such suit, claim or proceeding, and (iv) does not enter into any settlement of any such suit, claim or proceeding without Service Provider’s written consent. The foregoing obligations do not apply with respect to the Services or portions or components thereof (x) not supplied by Service Provider, (y) made in whole or in part in accordance to Customer specifications, (z) combined with other products, processes or materials where the alleged infringement would not have occurred without such combination. This section states Service Provider’s entire liability and Customer’s exclusive remedy for infringement or misappropriation of intellectual property of a third party.
5.2 Customer hereby agrees, at its own expense, to indemnify, defend and hold harmless Service Provider against any damages, losses, liabilities, settlements and expenses (including without limitation costs and attorneys’ fees) in connection with any demand, claim, action, suit or proceeding that arises from an alleged violation of Sections 2 above.

6. LIMITATION OF LIABILITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY, EXCEPT FOR BODILY INJURY OF A PERSON, NEITHER PARTY SHALL BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS OR PROFITS; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (C) FOR ANY MATTER BEYOND A PARTY’S REASONABLE CONTROL; OR (D) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES ACTUALLY PAID BY CUSTOMER TO SERVICE PROVIDER FOR THE APPLICABLE SERVICES UNDER THIS AGREEMENT OR RELATING TO ANY SUBJECT MATTER OF THIS AGREEMENT IN THE 12 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE FOREGOING TYPES OF LOSSES OR DAMAGES. CUSTOMER ACKNOWLEDGES THAT AN INTERRUPTION IN SERVICE(S) DUE TO CIRCUMSTANCES BEYOND THE REASONABLE CONTROL OF SERVICE PROVIDER, SUCH AS A FAILURE OF TELECOMMUNICATIONS OR NETWORK SYSTEMS NOT CONTROLLED BY SERVICE PROVIDER, SHALL NOT BE CONSIDERED A SERVICE OUTAGE OR SERVICE DEFICIENCY FOR PURPOSES OF ANY REMEDY PROVIDED IN THIS AGREEMENT. 

7. Termination. 7.1 Customer may not terminate this Agreement at any time with or without cause except that either Party may terminate this Agreement upon written notice to the other if the other Party is in breach of any material term or condition of this Agreement and the breaching Party fails to cure the breach within thirty (30) days of receipt of notice of that breach. 7.2 Customer has thirty (30) days before Renewal Date to notify Service Provider of non-renewal or their contract will automatically renew. 7.3 In the case where customer is using the Glean hosted deployment model and a customer decides to terminate their agreement with Service Provider or Party fails to cure a breach within the time stated in Section 7.1, Glean will wipe Customer’s single tenant completely within seven (7) days.

8. Support SLA. Glean offers a one business day response time Service Level Agreement (SLA) for your submitted issues.  Business hours are 9 am - 5 pm Pacific time Monday through Friday and excluding standard holidays. The official submittal method is email to support@glean.com. Glean also offers other communications channels which are not part of the official support ticket submittal method and include dedicated slack channel and in-application messaging. For these communication channels, Glean will respond on a best-effort basis.

9. Term. The term of this Agreement shall commence on the Service Start Date listed in the Order and shall continue to the Renewal Date listed in the Order at which time the Parties may upon mutual agreement agree to renew the Contract Term Length as set forth in the Order. 

10. Third Party Software and Services. As part of the Glean Services, Service Provider may make third party software and services available to Customer. Such third party software and services are governed by their respective terms and conditions, and this Agreement in no way modifies or alters such third party terms and conditions or imposes additional terms and conditions other than those set forth herein. In particular, when using Azure OpenAI or OpenAI third party through the Glean Services, the following terms and conditions apply:

a. Explicit Feature Usage: Glean will only transmit customer data to Azure OpenAI/OpenAI upon explicit usage of generative AI features within the Glean platform. This condition reinforces the principle of data minimization and ensures that data is only shared with Azure OpenAI/OpenAI when necessary for the specific purposes of providing the requested generative AI functionalities.

b. Zero Day Data Retention: Glean has separately negotiated agreements with Azure OpenAI and OpenAI to include zero day data retention for those services. While using Glean's Azure OpenAI or OpenAI key, Customer’s data will be subject to the terms of Glean’s negotiated agreement, including a zero-day retention policy. This means that Customer data processed through Glean's integration with Azure OpenAI's and OpenAI’s generative AI service will not be stored beyond the operational transaction.

c. Training Data Restrictions: While using Glean's OpenAI/Azure OpenAI key, customer data will not be used to inform or train Azure OpenAI/OpenAI's generative AI model.

d. Customer Key Usage Responsibility: If the customer chooses to use their own generative AI model API key instead of Glean's Azure OpenAI/OpenAI key, they are responsible for negotiating and adhering to the terms of usage, training, and retention with their model provide directly. In this scenario, Glean will not be responsible for managing any relationship between the customer and the generative AI model provider or for any terms and conditions agreed upon by the customer and the provider (i.e. no Glean guarantee on zero day data retention and no training on customer data, etc. by Azure OpenAI or OpenAI).

EXHIBIT A – Glean Service 

This Exhibit A is governed by the Agreement (“Agreement”) between Customer and Service Provider and is fully incorporated therein. All terms used in this Exhibit and not otherwise defined will have the same meaning as in the Agreement. 

1. Glean Enterprise Search: 

Service Provider provides a universal enterprise search tool that allows users to search their data scattered across multiple applications from a single interface. 

Customer will be searching across data that resides in its different enterprise applications. Service Provider will also require access to an SSO provider in order to enforce correct permission access to all documents via the email of users. 

Service Provider will be granted API access to each of the various data sources that Customer would like to be able to search over. That data will then be ingested and indexed by Service Provider software running within a dedicated Project inside of Customer’s Google Cloud Platform (GCP) account or within a dedicated project in Glean’s cloud.

Customer will have the option to choose which data sources to search over. 

Similar to all other major cloud companies, Service Provider continuously improves its services and search result quality by reviewing performance data, monitoring service usage, debugging issues brought to its attention, and incorporating customer feedback.

2. Glean Assistant:

Service Provider provides generative AI capabilities that allows users to the following features: Glean AI Answers, Glean Summarization and Glean Chat.

Glean Assistant features will respect the same infrastructure, configuration, security and permissions listed in Agreement.

Customer has the ability to use Service Provider’s generative AI key provided by OpenAI or Azure OpenAI or their own generative AI key provided by OpenAI or Azure OpenAI.

Customer has a soft cap of 60 chats per user per month.

3. Glean Services:

Service Provider provides a fully managed solution and Service Provider will fully manage, monitor and provide updates in real time. 

Service Provider will provide a dedicated CSM and Solutions Architect to manage the Service Provider, Customer relationship.

Service Provider offers a free level of business support or Customer can choose to pay an additional 12% of license fee to have premium support. Details on support options listed here: https://www.glean.com/support-agreement

Service Provider will provide a one time free setup to connect to native cloud apps (www.glean.com/connectors). For any custom connectors, Service Provider will scope the connector and provide an SOW to provide paid professional services.