Terms and Conditions

This document outlines the terms and conditions under which MANTA CZ and MANTA US (MANTA CZ and MANTA US together as “MANTA”), provide the right to access and use MANTA Inspector (as defined below) to its users (“Users” or “you”).

By accessing MANTA Inspector, you (i) agree that MANTA Website T&C (as defined below) and MANTA Portal T&C (as defined below) shall apply to your access and use of MANTA Inspector, and (ii) agree to additional terms and conditions set out below (“T&C”). All capitalized terms used and not otherwise defined in these T&C shall have the meaning set forth in MANTA Website T&C and/or MANTA Portal T&C. In case of discrepancies between the MANTA Website T&C and/or MANTA Portal T&C, on the one hand, and these T&C, on the other hand, these T&C shall prevail.

Additional Definitions

“Cloud” means a hosted environment that provides and enables on-demand launching and running of MANTA Inspector.

“Malicious Code” means any item, software, code, time locks, time bombs, timers, clocks, counters, viruses, Trojan horses or other harmful or malicious code, files, scripts, agent or programs, including, without limitation, those designed, or intended by any person to, or which may (i) cause loss of, or corruption or damage to any software or computer systems; and/or (ii) prevent access to or allow unauthorized access to any software or computer system or data; and/or (iii) impair the operation of any software or computer system; and/or (iv) damage the reputation of MANTA.

“Materials” mean any electronic and/or written aids, manuals or MANTA Inspector descriptions and confidential activation code, if any, and for which you have acquired the right of use, including any description developed by MANTA in relation to MANTA Solutions.

“MANTA Inspector” means MANTA’s Cloud-hosted web-based solution made available online by MANTA for your remote access and trial use as specified herein.

“MANTA Portal T&C” mean the terms & conditions for MANTA Portal available at: https://portal.getmanta.com/manta-portal-terms-conditions/

“MANTA Solutions” mean MANTA Inspector and the Software.

“MANTA Website T&C” mean the terms & conditions for MANTA Website available at: https://getmanta.com/terms/

“Usage Data” means trends, anonymized and aggregated usage patterns statistical data derived from the access and use of MANTA Inspector by you.

Access and Use of MANTA Inspector

Subject to compliance with these T&C, MANTA Website T&C and MANTA Portal T&C, MANTA grants you the access to MANTA Inspector and right to use MANTA Inspector in the intended way as described in the Materials and/or the Knowledge Base and solely for internal evaluation purposes of MANTA Solutions. To the extent that a copyrighted work would be used by you in order to fully use MANTA Inspector, MANTA grants you a personal, territorially limited, time-limited, revocable, non-exclusive, non-transferable, and non-sub-licensable license to use such copyrighted work for the sole purpose of using MANTA Inspector. You may use MANTA Inspector by accessing its Cloud-hosted instance at MANTA Portal via internet browser after entering Credentials subject to compliance with these T&C, MANTA Website T&C, MANTA Portal T&C and the Materials.

Purpose Limitation

You represent and warrant that the ultimate purpose of use of MANTA Inspector under these T&C is to evaluate and test, whether the Software, in particular, but not limited to, its functions and results, fits the needs of the Business Entity and to consider that the Business Entity purchases a license (or extends its existing license) to the Software.

Time Limitation

You are given the above rights for the duration of a single executed use of MANTA Inspector. Every use of MANTA Inspector is governed by the applicable T&C.

Data Use Limitation

You shall only upload metadata on database structures to MANTA Inspector. Uploading of any content data, personal data, sensitive data and/or other data unnecessary for use of MANTA Inspector is not needed and is prohibited. MANTA shall have no liability for any losses suffered by any person as a result of such unnecessary uploads.

Protection of MANTA Inspector

You agree to maintain commercially reasonable security standards for accessing and using cloud-based applications including MANTA Inspector. You agree to use good industry practice for virus protection software, and other customary procedures to screen your data uploaded to MANTA Inspector, in order to avoid the introduction of any Malicious Code that could interfere with or disrupt the proper operation, and any security control of the systems and networks used by MANTA in the provision of MANTA Inspector. You hereby covenant and agree to immediately notify MANTA by sending an email to legal@getmanta.com, should you suspect or become aware that: (a) any User and/or any authorized or unauthorized third party has introduced or attempted to introduce a Malicious Code to MANTA Inspector; (b) any Malicious Code is introduced into MANTA Inspector, (c) any unauthorized use of MANTA Inspector (i.e., any use beyond the scope of these T&C) or the Credentials has occurred; and/or (d) any other security incident leading to or attempting to lead to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, personal or confidential data transmitted, stored or otherwise processed has occurred.

You are not entitled to make and/or to attempt to make copies and/or lookalikes of, or modify MANTA Inspector.

You covenant and agree that you will not, and you will not permit any third party, to: i) whether in whole or in part, sell, rent, lease, sublease, license, sublicense, lend, time-share, transfer, assign or provide the use of, or access to, MANTA Inspector, or any portion thereof, to any persons other than Authorized Users; ii) alter, modify or create any derivative works of MANTA Inspector or any portion thereof; and v) obscure or remove any copyright or trademark notices from MANTA Inspector or any portion thereof.

No warranties

MANTA Inspector is provided “as is” without any representations or warranties, express or implied. MANTA makes no representations or warranties in relation to MANTA Inspector or the information and Materials provided to you. Without prejudice to the generality of the foregoing sentence, MANTA does not warrant that: (i) MANTA Inspector will be constantly available, or available at all; or (ii) the MANTA Inspector provides complete, true, accurate or non-misleading information. Nothing provided by MANTA Inspector constitutes, or is meant to constitute, advice of any kind.

Limited Liability

MANTA will not be liable to you in any way in relation to the contents of, or use of, or otherwise in connection with MANTA Inspector: (i) to the extent that MANTA Inspector is provided free-of-charge, for any direct loss; (ii) for any indirect, special or consequential loss; or (iii) for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data. These limitations of liability apply even if you have been expressly advised of the potential loss. In any and all cases MANTA’s cumulative liability for any damages or losses shall not exceed USD 100 (one hundred U.S. dollars).

Use of Data

You represent and warrant (and your licensors, where applicable) that you own all right, title and interest in and to your data uploaded to MANTA Inspector. You hereby grant to MANTA a worldwide, non-exclusive, irrevocable, perpetual, and royalty-free license to access, host, store, process, display and transfer the data uploaded to MANTA Inspector solely for the purpose of providing you with MANTA Inspector.

You agree that we may share Usage Data with other persons and representatives of the Business Entity, on behalf of which you access MANTA Inspector, in MANTA’s sole discretion.

Changes

MANTA may revise (update) these T&C from time to time. The revised T&C will apply to the use of MANTA Inspector from the date of the revised T&C publication in MANTA Portal on every executed use of MANTA Inspector after the revised T&C were published.

Authority Confirmation

The person agreeing to these T&C (i) represents that he/she is acting and has the capacity to act on behalf of the relevant Business Entity, in each case for the purposes of agreeing to these T&C and participating in MANTA Inspector, and (ii) agrees that where the meaning and purpose of the relevant provision of these T&C allows so, such provision of these T&C shall apply to such person himself/herself.

Acknowledgement

You understand and agree that MANTA may refuse to provide you with MANTA Inspector anytime solely in MANTA’s own discretion and without any reasoning. MANTA does not warrant or guarantee in any way that MANTA Inspector will be available and/or accessible to you and/or that MANTA will provide you with any offer regarding MANTA Solutions.

You understand and agree that any and all feedback, including without limitation, any flaws, error, bugs, anomalies, problems with and/or suggestions relating to MANTA Solutions is hereby unconditionally and irrevocably assigned to MANTA, including any and all worldwide intellectual property rights relating thereto at no additional charge.