1. Introduction
Welcome to Giam (“we,” “us,” or “our”). These Terms of Service (“Terms” or “Agreement”) govern your use of Giam’s proxy-based Label-Based Access Control (“LBAC”) solution, including our software, any hosted components, our websites, and related services (collectively, the “Services”). By using or accessing our Services, you agree to be bound by these Terms. If you do not agree, you must not use or access the Services.
1.1 Relationship to Other Agreements
These Terms incorporate, by reference, any additional agreements or policies we provide, such as our Privacy Policy, which explains how we handle personal data. If you use certain features or additional services, you may be subject to separate terms that supplement these Terms.
2. Definitions
• “Giam,” “we,” “us,” or “our”: Refers to the Giam entity providing the Services.
• “User,” “you,” or “your”: Any individual or entity who registers for or uses the Services.
• “Services”: The Giam LBAC proxy software, related documentation, websites, dashboards, and support channels.
• “Configuration Data”: LBAC rules, team structures, data-source definitions, or other settings configured by Users.
• “Personal Data”: Information relating to an identified or identifiable individual, such as name, email address, or billing details.
3. Age Requirements
1. Minimum Age: You must not use the Services if you are under 18 years of age.
2. Sole Proprietors Under Legal Age: If you are a sole proprietor under the legal age of majority (commonly 18), but at least 13 years old, a parent or legal guardian must act as your representative. This representative is legally bound by these Terms.
3. Legal Entities Owned by Minors: If a legal entity is ultimately owned by an individual not old enough to contract on their own, but at least 13 years old, a duly authorized officer or board must consent to these Terms on behalf of the entity. This approving party is responsible to Giam as if it had agreed to these Terms itself.
4. Acceptance of Terms
By creating an account, clicking “I agree,” or otherwise using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must cease using the Services immediately.
5. Service Modifications and Updates
5.1 Modifications. We may modify the Services (including adding or removing functionality or features) or the Giam technology at any time. We will use reasonable efforts to notify you if we remove or materially degrade critical functionality you rely on.
5.2 Updates. Giam may release updates to the Services. If we require you to install or use an updated version, you must do so within the time specified in our notice (or, if none is specified, within 30 days of that notice).
6. Support
6.1 Scope. GIAM provides support to resolve general issues related to your account and use of the Services. You can find resources on our website, in our documentation, or by contacting us directly at info@usegiam.com.
6.2 Limitations. Giam is not responsible for providing support to your own end-users or customers, nor for any custom implementations you have built on top of Giam.
7. Fees; Payment; Taxes
7.1 Services Fees. Fees for the Services are displayed on our Pricing Page. Giam may revise Fees at any time by posting updated Fees or otherwise notifying you. If we introduce a new Fee or increase an existing Fee for a Service you already use, we will provide at least 30 days’ notice (unless applicable law requires a longer period).
7.2 Stripe Payment Processing. We use Stripe, Inc. or its affiliates (“Stripe”) as our third-party payment processor. By paying for the Services, you also agree to any applicable terms and conditions imposed by Stripe (available at Stripe’s Terms of Service). Giam does not control Stripe’s services and is not liable for their actions or omissions.
7.3 Collection of Fees and Other Amounts. You must ensure timely payment of all Fees and related taxes. Giam may invoice you or debit amounts owed via any authorized payment methods. If you fail to pay, Giam may (i) suspend or terminate your account, (ii) set off any amounts you owe against any funds due to you, or (iii) apply any other legal remedy.
7.4 Debit Authorization. You authorize Giam to debit your designated bank account or credit card for all fees and amounts owed under these Terms. This authorization remains in effect until (a) all your Giam accounts are closed, or (b) all amounts owed under these Terms are fully paid, whichever is later.
7.5 Taxes. All Fees are exclusive of taxes (e.g., sales, VAT, GST) unless stated otherwise. You are solely responsible for determining, collecting, and remitting any applicable taxes for your use of the Services. If Giam is required to withhold or pay taxes on your behalf, we may deduct those amounts from funds otherwise owed to you and remit them to the appropriate authority.
8. Data Security
8.1 Controls. Each party will maintain commercially reasonable administrative, technical, and physical safeguards designed to protect data under its control from unauthorized access, accidental loss, or unauthorized modification.
8.2 PCI-DSS. Giam uses Stripe to process payments and does not store any payment card information. Giam will make reasonable efforts to provide the Services in a manner consistent with PCI-DSS requirements applicable to us. However, you remain responsible for implementing applicable PCI-DSS controls if you handle payment card data outside of Giam’s systems or Stripe’s secure environment.
8.3 Account Credentials. You are responsible for preventing any credential compromise or unauthorized use of your Giam account. If you suspect or become aware of unauthorized access to your account or credentials, you must promptly notify Giam and cooperate with any security investigations.
8.4 Data Breach. If you discover or reasonably suspect an unauthorized acquisition, modification, disclosure, or loss of personal data on your systems that relate to the Services, you must notify Giam immediately.
8.5 Audit Rights. If Giam believes a data compromise has occurred on your side, we may require you to allow a Giam-approved third-party auditor to audit the security of your systems at your expense. We may share any auditor’s report with relevant payment partners or governmental authorities if legally required.
9. Suspension of Services
GIAM may immediately suspend providing all or part of the Services if we believe that:
1. It is necessary to comply with any law, regulation, or request of a court or governmental authority.
2. You do not update the Services or Giam technology within required timeframes.
3. You fail to respond to requests for information or verification.
4. You breach these Terms or any other agreement with Giam.
5. You enter an insolvency event (bankruptcy, liquidation, etc.).
6. Your business practices or use of the Services present an unacceptable risk to Giam, including high fraud rates, security threats, or enabling illegal transactions.
If Giam suspends your account, we will make reasonable efforts to notify you and may, at our discretion, reinstate access once the reason for suspension is resolved.
10. Termination
10.1 Your Termination
You may terminate these Terms at any time by closing your Giam account (via account settings) and ceasing all use of the Services. If you re-access or use the Services after termination, these Terms will reapply from the date of that renewed use.
10.2 Giam’s Termination
Giam may terminate these Terms or close your Giam account at any time, for any reason or no reason, by notifying you. Additionally, Giam may terminate for cause if we suspend your Services (pursuant to Section 9) and do not reinstate them within 30 days.
10.3 Termination for Material Breach
Either party may terminate immediately if the other party materially breaches these Terms and fails to cure the breach within 10 days’ notice (if curable). If the breach affects only certain Services, the non-breaching party may choose to terminate only those affected Services.
10.4 Effect on Other Agreements
Unless otherwise stated, termination of these Terms will not affect any other agreement you have with Giam or its affiliates.
10.5 Survival
Any provision that by its nature is intended to survive termination (including confidentiality, indemnification, limitation of liability) will remain in effect after termination to the extent necessary to protect each party’s rights relating to acts or omissions that occurred during the term.
11. Changes to These Terms
Giam may modify these Terms (including all incorporated documents) at any time by posting a revised version on our website or notifying you in another reasonable manner. The revised Terms become effective upon posting or on the date stated in the notice. Your continued use of the Services after any modifications have taken effect constitutes acceptance of the revised Terms. It is your responsibility to check for updates regularly.
12. Privacy
Your use of the Services is also governed by our Privacy Policy, which describes how we collect, use, and share your personal data. By using the Services, you acknowledge that you have read and consent to our Privacy Policy.
13. Disclaimers
Disclaimer of Warranties. To the maximum extent permitted by law, the Services are provided “AS IS” and “AS AVAILABLE.” Giam disclaims all warranties, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee that the Services will be error-free, uninterrupted, secure, or will meet your requirements.
14. Limitation of Liability
To the fullest extent permitted by law, Giam shall not be liable for any indirect, incidental, consequential, special, or punitive damages (including lost profits, revenue, or data) arising out of or in connection with your use of (or inability to use) the Services, even if advised of the possibility of such damages. In no event shall Giam’s aggregate liability exceed the amounts paid by you to Giam in the six months preceding the event giving rise to the claim.
15. Governing Law & Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of The Netherlands, without regard to its conflict of law principles. Any dispute relating to these Terms shall be resolved exclusively in the courts located in The Netherlands, and each party consents to personal jurisdiction and venue in these courts.
16. Contact Us
If you have any questions regarding these Terms or the Services, you can contact us at:
Email: info@usegiam.com
