Announcing 1Password®
Extended Access Management
Kolide Device Trust is now part of 1Password® Extended Access Management. Check out the blog post by former Kolide CEO Jason Meller to learn about the next evolution in user-first security.
Terms of Use
Last Updated: August 13, 2020
BY CLICKING “I AGREE” OR USING THE KOLIDE SERVICES (THE "SERVICES") MADE AVAILABLE BY KOLIDE, INC., A DELAWARE CORPORATION (“KOLIDE” “WE” OR “US”), THE ENTITY OR INDIVIDUAL IDENTIFIED AS THE CUSTOMER DURING THE SIGN-UP AND/OR ORDERING PROCESS (“CUSTOMER”) IS AGREEING TO BE BOUND BY AND BECOME A PARTY TO THIS MASTER SUBSCRIPTION AGREEMENT (THE “AGREEMENT”). THE AGREEMENT WILL BECOME EFFECTIVE ON THE EARLIER OF THE DATE CUSTOMER ACCEPTS THIS AGREEMENT OR FIRST USES THE SERVICES (THE “EFFECTIVE DATE”). IF YOU ARE ENTERING INTO THE AGREEMENT ON BEHALF OF A LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND THE CUSTOMER TO THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT INDIVIDUALLY, YOU REPRESENT AND WARRANT THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT AS THE CUSTOMER.
Grant of License. Subject to the terms and conditions of this Agreement and effective as of the Effective Date and continuing for the period for which Customer has ordered and paid for access and use of the Services (the “Term”), Kolide hereby grants to Customer a limited, non-exclusive, non-transferable right: (a) to access and use the Kolide systems that Kolide makes available to provide the Services (the “ Platform”) solely for Customer’s own internal business purposes; and (b) to download, copy and execute the software applications and API’s specified by Kolide (the “ Integration Technology”) solely for the purpose of integrating and enabling communication between Customer Devices with the Platform, and using the Services in accordance with any limitations set forth in the Documentation (defined below) or otherwise communicated by Kolide. “Customer Device” means any electronic device that processes data and communicates with the Platform, and include personal computers, mobile and tablet devices, and servers. Customer may use the Platform and Integration Technology only as provided in this Agreement and only in accordance with the documentation or other reasonable instructions of Kolide (“ Documentation”).
Ownership. The Platform, Services, Integration Technology, Documentation and all other materials provided by Kolide hereunder are the exclusive property of Kolide and its licensors. All rights in and to the Platform Services and Integration Technology that are not expressly granted to Customer in the Agreement are hereby reserved by Kolide and its licensors. Except as expressly provided herein, Kolide does not grant to Customer or any Permitted User (defined below) any express or implied rights to Kolide’s or any third party’s intellectual property.
Permitted Users. Customer will be permitted to designate two different types of users: (a) “Administrative Users,” who are responsible to administer the Services; and (b) “Device Owners” who are employees or consultants of Customer that use one or more Customer Devices (each of Administrative Users and Device Owners, “ Permitted Users”). As provided in more detail below, Customer will be responsible for the actions of its Permitted Users' and its Permitted Users’ compliance with this Agreement. Customer will safeguard, and will ensure that each of its Permitted Users safeguards the user name and passwords associated with their Kolide accounts. Customer will use commercially reasonable efforts to prevent unauthorized access to, or use of any Permitted User’s account or the Services, and Customer will notify Kolide immediately upon becoming aware of any unauthorized access or use of any Permitted User’s account of the Services.
No Sublicensing; Restrictions on Use. Except as expressly permitted herein, Customer will not, and will not permit its Permitted Users or other third party to: (a) license, sublicense, sell, resell, rent, timeshare, transfer, assign, distribute, or otherwise commercially exploit or make available in any way to any third party any service or software or other materials or information included with the Services Platform or Integration Tech; (b) make derivative works of, or otherwise modify, the Platform or Integration Tech; (c) reverse engineer (except to the limited extent required to be permitted by mandatory applicable law notwithstanding contractual prohibition) or otherwise attempt to discover any source code of or trade secrets embodied in the Platform or the Integration Tech; (d) download or install any Integration Tech on a Customer Device for which the Customer or Device Owner does not have proper authority to do so; (e) access, use or copy any aspect of the Platform or Integration Tech or any portion of the Services or Documentation of any Services in order to build a competitive product or service; (f) use the Platform 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; (g) use the Services to store or transmit malware; (h) interfere with, disrupt the integrity or performance of, or attempt to gain unauthorized access to, the Platform; (i) remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other intellectual property notice or legend on any part of the Services; or (j) otherwise use the Services in a manner that violates or is inconsistent with this Agreement, the Documentation, applicable laws, Customer’s internal policies or the rights of any person, including, without limitation, Permitted Users and Kolide. Kolide reserves the right, in its sole discretion and without penalty, to terminate or suspend Customer’s use of the Services or any portion thereof, at any time and without notice upon Kolide’s determination that Customer has violated any of the foregoing restrictions; provided, Kolide will promptly deliver notice thereafter to Customer notifying Customer of such action.
Customer Data, Privacy and Security. In connection with the use of the Services, Permitted Users will upload data and information into the Platform – and the Services, including the Integration Technology, will collect information from Customer Devices. All such data and information is referred to as (“ Customer Data”) and is the sole and exclusive property of Customer.
Kolide Collection and Use. Customer hereby grants to Kolide a limited, royalty-free, worldwide license: (i) during the Term to use the Customer Data as necessary to perform the Services and (ii) on a perpetual basis to create compilations of anonymized and aggregated data and statistics that do not identify any Customer, Customer Device or Permitted User. Kolide may also use and share the Customer Data as specified in the Kolide Privacy Policy made available at https://kolide.com/privacy-policy.
Kolide Service Providers. As provided in the Kolide Privacy Policy, certain Services require that Kolide make Customer Data available to its third party service providers (“Kolide Service Providers”) for processing by such service providers. A list of Kolide Service Providers that have access to the Customer Data is set forth in the Services and Customer has the right to opt out of any such Kolide Service Provider access, with the understanding, of course, that Customer may not be able to receive the benefit of certain services if Customer elects to not have Customer Data made available to one or more Kolide Service Providers.
Customer Requirement to Obtain Consents from Permitted Users. Customer is solely responsible for the accuracy, legality and use of the Customer Data. Customer represents and warrants that its and its Permitted Users’ use of the Services, including the downloading of the Integration Technology on any Customer Devices and the collection of any Customer Data from such Customer Devices by the Services is in compliance with all applicable laws, rules, and regulations in the applicable jurisdiction in which it is collected and Customer’s policies and procedures. Without limiting the foregoing, Customer will, in accordance with all applicable laws and best commercial practices:
- disclose to all Permitted Users, including Device Owners, the fact that: (A) Kolide Integration Technology is downloaded onto Devices; (B) Kolide collects, uses and shares the Customer Data in accordance with this Agreement and the Kolide Privacy Policy, (C) Kolide Service Providers and Customer Service Providers may have access and, and if they do, notify Permitted Users of such third parties’ rights to use the Customer Data and (D) Customer collects, uses and shares the Customer Data in accordance with its own internal data use policies and procedures; and
- obtain and store all necessary rights, permissions, consents and approvals from Permitted Users with respect to the foregoing.
Open Source Software. Certain software code incorporated into or distributed with the Services may be licensed by third parties under various “open-source” or “public-source” software licenses (such as the GNU General Public License, the GNU Lesser General Public License, the Apache License, the Berkeley Software Distribution License, and the MIT License) (collectively, the “ Open Source Software”). Notwithstanding anything to the contrary in this Agreement, the Open Source Software is separately licensed pursuant to the terms and conditions of their respective open-source software licenses. Customer agrees to comply with the terms and conditions of such open-source software license agreements.