Pass-Through Partner Terms and Conditions

These FullStory Partner Terms of Use (“Terms of Use”), the FullStory Privacy Policy located at https://www.fullstory.com/legal/privacy-policy and the FullStory Acceptable Use Policy located at https://www.fullstory.com/legal/acceptable-use, and the Customer Agreement, together set out the general terms and conditions for access to and use of the Services (as defined below) by any end user that purchases or licenses the Services (the “Customer”). These Terms of Use, the FullStory Acceptable Use Policy, and the FullStory Privacy Policy are incorporated by reference into, and form a part of, the written agreement (the “Customer Agreement”) between Customer and the party selling to Customer access to the Services (the “Reseller”) on a non-exclusive basis. For the avoidance of doubt, FullStory is not a party to the Customer Agreement; however, Customer and Reseller recognize that FullStory has third party beneficiary rights to the Customer Agreement.

1. Definitions.

In addition to the terms defined in the Customer Agreement, the following terms have the definitions below:

  • “Applicable Law” means the applicable laws, rules, and regulations, including any rules, regulations, guidelines, or other requirements of any applicable federal, national, regional, state, provincial, or local regulatory agencies, departments, bureaus, commissions, councils, or other government entities regulating or otherwise exercising authority with respect to the activities in connection with these Terms of Use.

  • “Customer Agreement” means the written terms and conditions entered into between Customer Reseller.

  • “Customer Data” means any content, data, information, or material that is recorded by, submitted to, or stored by the Services, including, but not limited to, Personal Data.

  • “Person” means an individual, corporation, partnership, joint venture, limited liability entity, governmental authority, unincorporated organization, trust, association, or other entity.

  • “Personal Data” means all data relating to a person that identifies such person or could reasonably be used to identify such person, including but not limited to, first and last name, home address, billing address, or other physical address, email address, telephone number, and Sensitive Data, if any.

  • “Sensitive Data” means any information that requires a heightened degree of protection by Applicable Law. Sensitive Data includes, but is not limited to, social security numbers or other government-issued identification numbers, financial account numbers, credit card or debit card numbers, CVVs, credit report information or other personal financial information, health or medical information or other information that is subject to international, federal, state, or local laws or ordinances now or hereafter enacted regarding data protection or privacy, including, but not limited to, the Health Insurance Portability and Accountability Act, the Health Information Technology for Economic and Clinical Health Act, the Fair Credit Reporting Act, the Children’s Online Privacy Protection Act, the Gramm-Leach-Bliley Act, and special categories of data as defined in the General Data Protection Regulation.

  • “Services” means the content, features, functionality, tools, data, software applications, and APIs provided by FullStory via http://fullstory.com and/or other designated websites as described in the User Guide, that are ordered by Customer in a Customer Agreement, as updated from time to time.

  • “User Guide” means the online user guide for the Services accessible at help.fullstory.com, as updated from time to time.

  • “Users” means individuals who are authorized by Customer to use the Services, for whom subscriptions to the Services have been purchased under a Customer Agreement, and who have been supplied user identifications and passwords by Customer (or by FullStory, at Customer’s request). Users may include Customer’s employees, consultants, contractors and agents or third parties with which Customer transacts business.

2. Customer Data.

Customer agrees that it will not provide any Sensitive Data to FullStory. If Customer discovers that due to human error or otherwise, Customer Data does include Sensitive Data, Customer will promptly notify FullStory and provide sufficient information to FullStory to locate such Sensitive Data, and FullStory will delete the Sensitive Data in its control or possession. As between Customer and FullStory, Customer owns all Customer Data. Customer grants to FullStory a non-exclusive, royalty-free license to access and use Customer Data in order to provide the Services to Customer and as necessary to monitor and improve the Services. For the avoidance of doubt, FullStory may use, reproduce, and disclose Customer Data that is anonymized, de-identified, or is otherwise not reasonably associated or linked to Customer (or any other identifiable Person) for product improvement and other purposes consistent with FullStory’s Privacy Policy. 

3. Customer Obligations.

Except as permitted under these Terms of Use or as required by law, Customer will not, and will not permit or encourage its Users, to: (i) license, sublicense, sell, resell, transfer, assign, distribute, use as a service bureau or timeshare, or otherwise commercially exploit or make the Services available to any third party in any way; (ii) copy, modify, or create any derivative works or improvements of the Services; (iii) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Services or any part thereof; (iv) bypass, breach, or disable any security device, copy control, digital rights management tool, or other protection used by any Services, or induce or assist any Person to do so; (v) make any representations, warranties, guarantees, indemnities, claims, or other commitments: (A) actually, apparently, or impliedly on FullStory’s behalf or (B) concerning or relating to the Services that are in addition to or inconsistent with any then-existing representations, warranties, guarantees, indemnities, claims or other commitments in these Terms of Use, the Customer Agreement, or any written documents provided or made available by FullStory that concern or relate to the Services; (vi) license, purchase, or otherwise procure the Services from any Person other than FullStory or Reseller; (vii) remove, delete, add to, alter, or obscure FullStory’s Intellectual Property Rights or any warranties, disclaimers, or other notices, or any marks, symbols, or serial numbers (including any FullStory trademarks) that appear on or in connection with any Services; (viii) under or in connection with any part of these Terms of Use or the Customer Agreement or its subject matter, perform any act that, or fail to perform any act the omission of which, infringes, misappropriates, or otherwise violates any Intellectual Property Right or other right of any Person, or violates any Applicable Law; (ix) modify, remove or obstruct any proprietary rights statement or notice contained in the Services; (x) send or store (Y) infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or which violates third party privacy rights; or (Z) material containing software viruses, worms, Trojan horses, or other harmful computer code, files, scripts, agents, or programs; (xi) attempt to gain unauthorized access to the Services or its related systems or networks; or (xii) access the Services if Customer or Users are a direct competitor of FullStory, unless FullStory agrees in writing before Customer or Users access the Services.

4. User Accounts.

Customer acknowledges that FullStory does not restrict sharing of User accounts and/or passwords and agrees that Customer will be responsible for any liability to the extent arising from such use or sharing of accounts. Customer agrees to comply with all Applicable Laws in connection with Customer’s and its User’s use of the Services, including those related to data privacy. Customer is responsible for any breach of these Terms of Use or the Customer Agreement by its Users. Customer agrees that it will promptly notify FullStory of any violation or suspected violation of these Terms of Use or the Customer Agreement or any actual or suspected data or security breach.

FullStory reserves the right to review information posted by Users to ensure that it complies with these Terms of Use, and to amend it or delete it, or otherwise control such information in order to bring it into compliance with the Customer Agreement and/or Applicable Law. 

5. Intellectual Property Ownership.

Except for the limited right to access and use the Services under these Terms of Use and the Customer Agreement, Customer acknowledges and agrees that, as between the Customer and FullStory, FullStory (or its licensors) have and will retain any and all rights, title, and interest in the Services, any software utilized to perform the Services, the User Guides and all derivative works made by any Person in or to the FullStory Products (collectively, the “FullStory Products”), including, but not limited to, patents, copyrights, trademarks, trade secrets, and other intellectual property and proprietary rights associated with the FullStory Products (collectively the “Intellectual Property Rights”). Customer will not assert or cause any other party (including, without limitation, any User) to assert any right, title, or interest in or to the FullStory Products or other portion of FullStory’s Intellectual Property Rights. Customer grants FullStory a royalty-free, worldwide, transferable, sub-licensable, irrevocable, and perpetual license to use or incorporate into its software or services, any suggestions, enhancement requests, recommendations, or other feedback provided by Customer, including its Users, relating to FullStory’s software, services, or business operations. Customer’s right to access the Services does not constitute a sale, and, except as set forth in the Customer Agreement, does not give Customer any rights of ownership in, or related to, the Services, any FullStory software, or the Intellectual Property Rights owned by FullStory.

6. Termination.

Upon expiration or termination of the Customer Agreement for any reason, FullStory is under no obligation to provide the Services, to refund Customer any fees paid by Customer or to assume any relationship with Customer. FullStory will have no obligation to maintain or provide any Customer Data and may thereafter, unless legally prohibited, delete all Customer Data in its systems or otherwise in its possession or under its control. Sections 3, 6, 7, 8, 9, and 10 of these Terms of Use will survive any termination or expiration of the Customer Agreement. Termination will not relieve Customer from any liability arising from any breach of these Terms of Use. FullStory reserves the right to suspend access to the Services if Customer is in breach of these Terms of Use or the Customer Agreement.

7. Disclaimer.

FULLSTORY DOES NOT WARRANT THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, NOR DOES FULLSTORY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED OR THE LOSSES THAT MAY OCCUR FROM USE OF THE SERVICES. THE SERVICES ARE PROVIDED “AS IS,” AND FULLSTORY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

8. Special Terms for Government Customers.

If Customer is a U.S. government entity, Customer agrees that the Services and any documentation provided by FullStory are deemed to be “commercial computer software” and “commercial computer software documentation” pursuant to Defense Federal Acquisition Regulation Supplement, codified under Chapter 2 of Title 48, United States Code of Federal Regulations, Section 227.7202, and Federal Acquisition Regulation, codified in Title 48 of the United States Code of Federal Regulations, Section 12.12. Any use, modification, reproduction, release, performance, display, or disclosure of the Services or documentation by the United States Government is governed solely by these Terms of Use and is prohibited except to the extent expressly permitted by these Terms of Use.

9. Compliance with Laws.

Customer agrees that it will comply with all Applicable Laws, including but not limited to those relating to the control of imports and exports of commodities and technical data, use or remote use of software and related property, or registration of these Terms of Use that may apply in the United States or in any other jurisdiction in which the Services will be located or from which the Services will be accessed under these Terms of Use and the Customer Agreement, including, but not limited to, the Export Administration Regulations of the U.S. Department of Commerce, the International Traffic in Arms Regulations of the U.S. Department of State, and the Enhanced Proliferation Control Initiative. Customer will not, without prior written consent, if required, of the office of Export Administration of the U.S. Department of Commerce, or other applicable U.S. governmental agency or department, export, re-export, allow the re-export, transship, download, or transmit any part of the Services or confidential information to any country, Person to which such transmission is restricted by applicable regulations or statutes, including to any individual, group or organization on the U.S. Department of Treasury’s Office of Foreign Assets Control’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Bureau of Export Administration’s List of Denied Persons, as each may be amended from time to time.