www.mindtickle.com
Open in
urlscan Pro
104.154.243.59
Public Scan
Submitted URL: https://go2.mindtickle.com/MjcwLVlUTC01OTIAAAGJxm4ICqaA87YFg24gngnO3OsPF3an9bEdsp4RHCzMC5DbZ9KFogCqvePYvZc6ugGb_cVkoYQ=
Effective URL: https://www.mindtickle.com/terms-of-service/?mkt_tok=MjcwLVlUTC01OTIAAAGJxm4ICtveg3dB4ISSKUYYoKRnae5vBiQd8BwWFdDMLEyJx0jsHS...
Submission: On February 06 via api from US — Scanned from DE
Effective URL: https://www.mindtickle.com/terms-of-service/?mkt_tok=MjcwLVlUTC01OTIAAAGJxm4ICtveg3dB4ISSKUYYoKRnae5vBiQd8BwWFdDMLEyJx0jsHS...
Submission: On February 06 via api from US — Scanned from DE
Form analysis 2 forms found in the DOM
<form id="mktoForm_1535" novalidate="novalidate" class="mktoForm mktoHasWidth mktoLayoutLeft" style="font-family: Helvetica, Arial, sans-serif; font-size: 12px; color: rgb(51, 51, 51); width: 704px;">
<style type="text/css">
.mktoForm .mktoButtonWrap.mktoSimple .mktoButton {
color: #fff;
border: 1px solid #75ae4c;
padding: 0.4em 1em;
font-size: 1em;
background-color: #99c47c;
background-image: -webkit-gradient(linear, left top, left bottom, from(#99c47c), to(#75ae4c));
background-image: -webkit-linear-gradient(top, #99c47c, #75ae4c);
background-image: -moz-linear-gradient(top, #99c47c, #75ae4c);
background-image: linear-gradient(to bottom, #99c47c, #75ae4c);
}
.mktoForm .mktoButtonWrap.mktoSimple .mktoButton:hover {
border: 1px solid #447f19;
}
.mktoForm .mktoButtonWrap.mktoSimple .mktoButton:focus {
outline: none;
border: 1px solid #447f19;
}
.mktoForm .mktoButtonWrap.mktoSimple .mktoButton:active {
background-color: #75ae4c;
background-image: -webkit-gradient(linear, left top, left bottom, from(#75ae4c), to(#99c47c));
background-image: -webkit-linear-gradient(top, #75ae4c, #99c47c);
background-image: -moz-linear-gradient(top, #75ae4c, #99c47c);
background-image: linear-gradient(to bottom, #75ae4c, #99c47c);
}
</style>
<div class="mktoFormRow">
<div class="mktoFieldDescriptor mktoFormCol" style="margin-bottom: 10px;">
<div class="mktoOffset" style="width: 10px;"></div>
<div class="mktoFieldWrap mktoRequiredField"><label for="Email" id="LblEmail" class="mktoLabel mktoHasWidth" style="width: 100px;">
<div class="mktoAsterix">*</div>Email Address
</label>
<div class="mktoGutter mktoHasWidth" style="width: 10px;"></div><input id="Email" name="Email" placeholder="email@company.com" maxlength="255" aria-labelledby="LblEmail InstructEmail" type="email"
class="mktoField mktoEmailField mktoHasWidth mktoRequired" aria-required="true" style="width: 200px;"><span id="InstructEmail" tabindex="-1" class="mktoInstruction"></span>
<div class="mktoClear"></div>
</div>
<div class="mktoClear"></div>
</div>
<div class="mktoClear"></div>
</div>
<div class="mktoFormRow"><input type="hidden" name="utm_source__c" class="mktoField mktoFieldDescriptor mktoFormCol" value="Organic" style="margin-bottom: 10px;">
<div class="mktoClear"></div>
</div>
<div class="mktoFormRow"><input type="hidden" name="utm_campaign__c" class="mktoField mktoFieldDescriptor mktoFormCol" value="Generic" style="margin-bottom: 10px;">
<div class="mktoClear"></div>
</div>
<div class="mktoFormRow"><input type="hidden" name="utm_medium__c" class="mktoField mktoFieldDescriptor mktoFormCol" value="Website" style="margin-bottom: 10px;">
<div class="mktoClear"></div>
</div>
<div class="mktoFormRow"><input type="hidden" name="gACID" class="mktoField mktoFieldDescriptor mktoFormCol" value="" style="margin-bottom: 10px;">
<div class="mktoClear"></div>
</div>
<div class="mktoFormRow"><input type="hidden" name="formType" class="mktoField mktoFieldDescriptor mktoFormCol" value="Newsletter Subscribe form" style="margin-bottom: 10px;">
<div class="mktoClear"></div>
</div>
<div class="mktoFormRow">
<div class="mktoFieldDescriptor mktoFormCol" style="margin-bottom: 10px;">
<div class="mktoOffset" style="width: 10px;"></div>
<div class="mktoFieldWrap"><label for="optIn" id="LbloptIn" class="mktoLabel mktoHasWidth" style="width: 0px;">
<div class="mktoAsterix">*</div>
</label>
<div class="mktoGutter mktoHasWidth" style="width: 10px;"></div>
<div class="mktoLogicalField mktoCheckboxList mktoHasWidth" style="width: 23px;"><input name="optIn" id="optIn" type="checkbox" value="yes" aria-labelledby="LbloptIn InstructoptIn" class="mktoField"><label for="optIn" id="LbloptIn"></label>
</div><span id="InstructoptIn" tabindex="-1" class="mktoInstruction"></span>
<div class="mktoClear"></div>
</div>
<div class="mktoClear"></div>
</div>
<div class="mktoFormCol" style="margin-bottom: 10px;">
<div class="mktoOffset mktoHasWidth" style="width: 10px;"></div>
<div class="mktoFieldWrap">
<div class="mktoHtmlText mktoHasWidth" style="width: 650px;">I agree to Mindtickle using my contact details for marketing purposes.</div>
<div class="mktoClear"></div>
</div>
<div class="mktoClear"></div>
</div>
<div class="mktoClear"></div>
</div>
<div class="mktoFormRow">
<div class="mktoFormCol" style="margin-bottom: 10px;">
<div class="mktoOffset mktoHasWidth" style="width: 10px;"></div>
<div class="mktoFieldWrap">
<div class="mktoHtmlText mktoHasWidth" style="width: 422px;"><span>By submitting this form, you agree to the<span> </span></span><span
style="color: #fe5000;"><a href="https://www.mindtickle.com/privacy-policy/" target="_blank" id="" style="color: #fe5000;">Mindtickle Privacy Policy</a></span><span>.</span></div>
<div class="mktoClear"></div>
</div>
<div class="mktoClear"></div>
</div>
<div class="mktoClear"></div>
</div>
<div class="mktoFormRow"><input type="hidden" name="utm_content__c" class="mktoField mktoFieldDescriptor mktoFormCol" value="" style="margin-bottom: 10px;">
<div class="mktoClear"></div>
</div>
<div class="mktoFormRow"><input type="hidden" name="utm_term__c" class="mktoField mktoFieldDescriptor mktoFormCol" value="" style="margin-bottom: 10px;">
<div class="mktoClear"></div>
</div>
<div class="mktoFormRow"><input type="hidden" name="GCLID__c" class="mktoField mktoFieldDescriptor mktoFormCol" value="" style="margin-bottom: 10px;">
<div class="mktoClear"></div>
</div>
<div class="mktoButtonRow"><span class="mktoButtonWrap mktoSimple" style="margin-left: 120px;"><button type="submit" class="mktoButton">SUBSCRIBE</button></span></div><input type="hidden" name="formid" class="mktoField mktoFieldDescriptor"
value="1535"><input type="hidden" name="munchkinId" class="mktoField mktoFieldDescriptor" value="270-YTL-592">
</form><form novalidate="novalidate" class="mktoForm mktoHasWidth mktoLayoutLeft" style="font-family: Helvetica, Arial, sans-serif; font-size: 12px; color: rgb(51, 51, 51); visibility: hidden; position: absolute; top: -500px; left: -1000px; width: 1600px;">
</form>Text Content
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NecessaryAlways Active
Necessary cookies are required to enable the basic features of this site, such
as providing secure log-in or adjusting your consent preferences. These cookies
do not store any personally identifiable data.
* Cookie
cookieyesID
* Duration
1 year
* Description
Unique identifier for visitors used by CookieYes with respect to the consent.
* Cookie
cky-consent
* Duration
1 year
* Description
The cookie is set by CookieYes to remember the user's consent to the use of
cookies on the website.
* Cookie
cookieyes-necessary
* Duration
1 year
* Description
This cookie is set by CookieYes and is used to remember the consent of the
users for the use of cookies in the 'Necessary' category.
* Cookie
cookieyes-functional
* Duration
1 year
* Description
This cookie is set by CookieYes and is used to remember the consent of the
users for the use of cookies in the 'Functional' category.
* Cookie
cookieyes-analytics
* Duration
1 year
* Description
This cookie is set by CookieYes and is used to remember the consent of the
users for the use of cookies in the 'Analytics' category.
* Cookie
cookieyes-performance
* Duration
1 year
* Description
This cookie is set by CookieYes and is used to remember the consent of the
users for the use of cookies in the 'Performance' category.
* Cookie
cookieyes-advertisement
* Duration
1 year
* Description
This cookie is set by CookieYes and is used to remember the consent of the
users for the use of cookies in the 'Advertisement' category.
* Cookie
cookieyes-other
* Duration
1 year
* Description
This cookie is set by CookieYes and is used to remember the consent of the
users for the use of cookies in the 'Others' category.
* Cookie
cky-action
* Duration
1 year
* Description
This cookie is set by CookieYes and is used to remember the action taken by
the user.
* Cookie
_vis_opt_test_cookie
* Duration
Session
* Description
This cookie is created to detect if the cookies are enabled on the visitor’s
browser or not. It also helps in tracking the number of browser sessions a
visitor has gone through. The value of this cookie is always 1.
* Cookie
_px3
* Duration
2 hours
* Description
This cookie is used by Zoominfo.com service to remember visitor cookie
consent preferences.
* Cookie
CookieConsent
* Duration
1 year
* Description
Stores the user's cookie consent state for the current domain.
* Cookie
li_gc
* Duration
5 months 27 days
* Description
Used to store consent of guests regarding the use of cookies for
non-essential purposes
* Cookie
cookietest
* Duration
session
* Description
This cookie checks if the user has cookies enabled on his browser (1 value).
* Cookie
cookieyes-other
* Duration
1 year
* Description
This cookie is set by CookieYes and is used to remember the consent of the
users for the use of cookies in the 'Others' category.
* Cookie
elementor
* Duration
never
* Description
This cookie is used by the website's WordPress theme. It allows the website
owner to implement or change the website's content in real-time.
* Cookie
testcookie
* Duration
session
* Description
This cookie is used to test whether the browser accepts cookies.
* Cookie
_GRECAPTCHA
* Duration
5 months 27 days
* Description
This cookie is set by the Google recaptcha service to identify bots to
protect the website against malicious spam attacks.
* Cookie
datadome
* Duration
session
* Description
This is a security cookie set by Force24 to detect BOTS and malicious
traffic.
Functional
Functional cookies help perform certain functionalities like sharing the content
of the website on social media platforms, collecting feedback, and other
third-party features.
* Cookie
loglevel
* Duration
never
* Description
Maintains settings and outputs when using the Developer Tools Console on
current session.
* Cookie
sa-user-id
* Duration
1 year
* Description
StackAdapt sets this cookie as a Random Identifier for user identification,
to display relevant advertisements.
* Cookie
sa-user-id-v2
* Duration
1 year
* Description
StackAdapt sets this cookie as a Random Identifier for user identification,
to display relevant advertisements.
* Cookie
__cf_bm
* Duration
30 minutes
* Description
This cookie, set by Cloudflare, is used to support Cloudflare Bot Management.
* Cookie
ELOQUA
* Duration
1 month
* Description
This cookie is generated by Oracle Eloqua marketing product which is used by
Zoominfo for Marketing Automation.
* Cookie
insent-user-id
* Duration
2 years
* Description
Used to identify and initiate conversations with users, when they are onsite.
* Cookie
_vwo_ds
* Duration
3 months
* Description
This cookie stores persistent user-level data for Zoominfo.com
* Cookie
_cq_suid
* Duration
Session
* Description
This cookie monitors the technical information and use of devices that
connect to our website to protect it from malicious traffic.
* Cookie
_cq_duid
* Duration
3 months
* Description
This cookie monitors the technical information and use of devices that
connect to our website to protect it from malicious traffic.
* Cookie
_pxvid
* Duration
1 year
* Description
Used by Zoominfo.com to detect fraud and bot activity.
* Cookie
pxcts
* Duration
Session
* Description
Used by Zoominfo.com to detect fraud and bot activity.
* Cookie
AnalyticsSyncHistory
* Duration
1 month
* Description
LinkedIn sets this cookie for storing information about the time a sync took
place.
* Cookie
_ce.s
* Duration
1 year
* Description
Track a recording visitor session unique ID, tracking host and start time.
* Cookie
_hly_root_domain_test_www_mindtickle_com
* Duration
session
* Description
This cookie is used by Hushly to test root domain of the page on which Hushly
is being used.
* Cookie
SESSION
* Duration
session
* Description
This is a third-party cookie used to authenticate visitors for the duration
of their browser session in the event that they log in to the tool.
* Cookie
test_cookie
* Duration
15 minutes
* Description
The test_cookie is set by doubleclick.net and is used to determine if the
user's browser supports cookies.
* Cookie
lang
* Duration
session
* Description
LinkedIn sets this cookie to remember a user's language setting.
* Cookie
bscookie
* Duration
1 year
* Description
LinkedIn sets this cookie to store performed actions on the website.
* Cookie
__atuvc
* Duration
1 year 1 month
* Description
This cookie is associated with the AddThis social sharing widget which is
commonly embedded in websites to enable visitors to share content with a
range of networking and sharing platforms. It stores an updated page share
count.
* Cookie
__atuvs
* Duration
30 minutes
* Description
This cookie is associated with the AddThis social sharing widget which is
commonly embedded in websites to enable visitors to share content with a
range of networking and sharing platforms.
* Cookie
sp_t
* Duration
1 year
* Description
The sp_t cookie is set by Spotify to implement audio content from Spotify on
the website and also registers information on user interaction related to the
audio content.
* Cookie
sp_landing
* Duration
1 day
* Description
The sp_landing is set by Spotify to implement audio content from Spotify on
the website and also registers information on user interaction related to the
audio content.
* Cookie
_hly_root_domain_test_readinessresources_mindtickle_com
* Duration
session
* Description
This cookie is used by Hushly to test root domain of the page on which Hushly
is being used.
* Cookie
xtc
* Duration
1 year 1 month
* Description
Used by AddThis social bookmarking service to register the user’s sharing of
content via social media
Analytics
Analytical cookies are used to understand how visitors interact with the
website. These cookies help provide information on metrics such as the number of
visitors, bounce rate, traffic source, etc.
* Cookie
visitorId
* Duration
1 year
* Description
This cookie is used by ZoomInfo to identify a user.
* Cookie
JSESSIONID
* Duration
session
* Description
Used to store a session identifier for monitoring session counts.
* Cookie
_mkto_trk
* Duration
2 years
* Description
This cookie, provided by Marketo, has information (such as a unique user ID)
that is used to track the user's site usage. The cookies set by Marketo are
readable only by Marketo.
* Cookie
qualified_session
* Duration
Session
* Description
Identifies a user of the Qualified Application’s (this is a Qualified user
using the Qualified application) login to the Qualified Application. This
cookie isn’t set on website visitors. This cookie is only used to ensure
users using the Qualified application can log into the service.
* Cookie
_session_id
* Duration
14 days
* Description
Cookie set by G2 to store the visitor’s navigation by recording the landing
pages. This allows the website to present products and indicate the
efficiency of the website.
* Cookie
__q_domainTest
* Duration
session
* Description
This is a cookie used in rare cases if Qualified is unable to detect the
domain where Qualified is being instantiated. It is set and immediately
unset.
* Cookie
__q_state_NDfhNaW4kM53Cmmy
* Duration
10 years
* Description
Contains a number of attributes identifying the website visitor and his/her
interaction with the Qualified Chat Messenger.
* Cookie
_vwo_sn
* Duration
3 hours
* Description
This cookie calculates unique traffic on a website.
* Cookie
_vwo_uuid
* Duration
10 years
* Description
This cookie calculates unique traffic on a website.
* Cookie
_vis_opt_s
* Duration
3 months 1 week
* Description
This cookie tracks session created for a visitor, i.e., the number of times
the browser was closed and reopened.
* Cookie
_vwo_uuid_v2
* Duration
1 year
* Description
This cookie is created for each cross-domain campaign. It generates a unique
id for every visitor and is used for the report segmentation feature in VWO,
and it also allows you to view data in a more refined manner.
* Cookie
_gid
* Duration
1 day
* Description
Registers a unique ID that is used to generate statistical data on how the
visitor uses the website.
* Cookie
_gcl_au
* Duration
3 months
* Description
Provided by Google Tag Manager to experiment advertisement efficiency of
websites using their services.
* Cookie
_ga
* Duration
2 years
* Description
The _ga cookie, installed by Google Analytics, calculates visitor, session
and campaign data and also keeps track of site usage for the site's analytics
report. The cookie stores information anonymously and assigns a randomly
generated number to recognize unique visitors.
* Cookie
__utm_tracking_session
* Duration
7 minutes
* Description
This cookie is used to identify the referrer information from the URLs that
redirected users to Mindtickle website. This is used to track the performance
of marketing campaigns and content as well as website's traffic sources.
* Cookie
__ft_referrer
* Duration
3 months
* Description
This cookie is used to identify the referrer information from the URLs that
redirected users to Mindtickle website. This is used to track the performance
of marketing campaigns and content as well as website's traffic sources.
* Cookie
mkto_referrer
* Duration
3 months
* Description
This cookie is used by Marketo to identify the referrer information from the
URLs that redirected users to Mindtickle website. This is used to track the
performance of marketing campaigns and content as well as website's traffic
sources.
* Cookie
6suuid
* Duration
2 years
* Description
This cookie is used by 6sense to register user behaviour and navigation on
the website, and any interaction with active campaigns. This is used for
optimizing advertisement and for efficient retargeting.
* Cookie
_an_uid
* Duration
7 days
* Description
Registers user behaviour and navigation on the website, and any interaction
with active campaigns. This is used for optimizing advertisement and for
efficient retargeting.
* Cookie
cebs
* Duration
session
* Description
Tracks the individual sessions on the website, allowing the website to
compile statistical data from multiple visits. This data can also be used to
create leads for marketing purposes.
* Cookie
cebsp
* Duration
session
* Description
Tracks the individual sessions on the website, allowing the website to
compile statistical data from multiple visits. This data can also be used to
create leads for marketing purposes.
* Cookie
__ft_utm_source
* Duration
3 months
* Description
This cookie is created by Marketo and is used to identify the source.
* Cookie
mkto_utm_source
* Duration
3 months
* Description
This cookie is created by Marketo and is used to identify the source.
* Cookie
__ft_utm_medium
* Duration
3 months
* Description
This cookie is created by Marketo and is used to identify the medium.
* Cookie
mkto_utm_medium
* Duration
3 months
* Description
This cookie is created by Marketo and is used to identify the medium.
* Cookie
__ft_utm_campaign
* Duration
3 months
* Description
This cookie is created by Marketo and is used to identify the campaign.
* Cookie
mkto_utm_campaign
* Duration
3 months
* Description
This cookie is created by Marketo and is used to identify the campaign.
* Cookie
__ft_utm_term
* Duration
3 months
* Description
This cookie is created by Marketo and is used to identify the medium.
* Cookie
mkto_utm_term
* Duration
3 months
* Description
This cookie is created by Marketo and is used to identify the medium.
* Cookie
__ft_utm_content
* Duration
3 months
* Description
This cookie is created by Marketo and is used to identify the performance of
marketing content.
* Cookie
mkto_utm_content
* Duration
3 months
* Description
This cookie is created by Marketo and is used to identify the performance of
marketing content.
* Cookie
_ga_F0NGPWED1R
* Duration
2 years
* Description
This cookie is installed by Google Analytics.
* Cookie
_gd_visitor
* Duration
2 years
* Description
This cookie is used for collecting information on the users visit such as
number of visits, average time spent on the website and the pages loaded for
displaying targeted ads.
* Cookie
_gd_session
* Duration
4 hours
* Description
This cookie is used for collecting information on users visit to the website.
It collects data such as total number of visits, average time spent on the
website and the pages loaded.
* Cookie
_gd_svisitor
* Duration
2 years
* Description
This cookie is set by the Google Analytics. This cookie is used for tracking
the signup commissions via affiliate program.
* Cookie
_gat_UA-27444962-1
* Duration
1 minute
* Description
A variation of the _gat cookie set by Google Analytics and Google Tag Manager
to allow website owners to track visitor behaviour and measure site
performance. The pattern element in the name contains the unique identity
number of the account or website it relates to.
* Cookie
uvc
* Duration
1 year 1 month
* Description
Set by addthis.com to determine the usage of addthis.com service.
* Cookie
at-rand
* Duration
never
* Description
AddThis sets this cookie to track page visits, sources of traffic and share
counts.
* Cookie
_gat_gtag_UA_27444962_1
* Duration
1 minute
* Description
Set by Google to distinguish users.
* Cookie
ln_or
* Duration
1 day
* Description
Registers statistical data on users’ activity on the website used for
internal analytics of the marketing website.
* Cookie
_ce.cch
* Duration
session
* Description
Used by Crazy Egg to check if cookies can be added
* Cookie
_ce.gtld
* Duration
session
* Description
Used by Crazy Egg to identify the top-level domain.
* Cookie
ubpv
* Duration
6 months 1 day
* Description
Used by Unbounce for internal statistics and analytics purposes to determine
if a user leaves the website straight away
* Cookie
ubvs
* Duration
5 months 27 days
* Description
Used by Unbounce to collect data on the user's visits to the website, such as
the number of visits, average time spent on the website, and what pages have
been loaded with the purpose of generating reports for optimizing the website
content
* Cookie
ubvt
* Duration
3 days
* Description
Used by Unbounce to collect data on the user's visits to the website, such as
the number of visits, average time spent on the website, and what pages have
been loaded with the purpose of generating reports for optimizing the website
content
* Cookie
_gac_UA-27444962-1
* Duration
3 months
* Description
Used by Google Analytics to store and count pageviews
* Cookie
_ga_H99Q0TXT3N
* Duration
2 years
* Description
This cookie is installed by Google Analytics.
* Cookie
CONSENT
* Duration
2 years
* Description
YouTube sets this cookie via embedded youtube-videos and registers anonymous
statistical data.
* Cookie
_ce.clock_event
* Duration
1 day
* Description
Used by Crazy Egg to store the difference between the user's local clock and
the Crazyegg server clock for more precise events time tracking, and the user
IP for IP blocking purposes.
* Cookie
_ce.clock_data
* Duration
1 day
* Description
Used by Crazy Egg to store the difference between the user's local clock and
the Crazyegg server clock for more precise events time tracking and the user
IP for IP blocking purposes.
* Cookie
_CEFT
* Duration
1 year
* Description
Used by Crazy Egg through Ceros to store page variants assigned to visitors
for A/B performance testing
Performance
Performance cookies are used to understand and analyze the key performance
indexes of the website which helps in delivering a better user experience for
the visitors.
* Cookie
_hly_sid
* Duration
session
* Description
This cookie is used by Hushly to record website and server performance with
each visit to the site. The data is aggregated and analyzed; therefore, it
remains anonymous upon use.
* Cookie
_hly_vid
* Duration
10 years
* Description
This cookie is used by Hushly to record website and server performance with
each visit to the site. The data is aggregated and analyzed; therefore, it
remains anonymous upon use.
* Cookie
BIGipServersj25web-nginx-app_https
* Duration
session
* Description
This cookie, provided by Marketo, has information about the nginx application
ID used to connect to Marketo server. The cookies set by Marketo are readable
only by Marketo.
* Cookie
_hly_gvid
* Duration
2 years
* Description
This cookie is used to record website and server performance with each visit
to the site. The data is aggregated and analyzed; therefore, it remains
anonymous upon use.
* Cookie
AWSALBCORS
* Duration
7 days
* Description
This cookie is managed by Amazon Web Services and is used for load balancing.
* Cookie
AWSALB
* Duration
7 days
* Description
AWSALB is an application load balancer cookie set by Amazon Web Services to
map the session to the target.
* Cookie
top_level_domain
* Duration
session
* Description
These cookies allow us to improve the performance of our Websites. They may
collect your IP address but only for the purpose of identifying general
locations of visitors and identifying fraudulent or spam traffic.
* Cookie
lidc
* Duration
1 day
* Description
LinkedIn sets the lidc cookie to facilitate data center selection.
* Cookie
_gat
* Duration
1 minute
* Description
This cookie is installed by Google Universal Analytics to restrain request
rate and thus limit the collection of data on high traffic sites.
* Cookie
_cfuvid
* Duration
session
* Description
Used by Zoominfo to distinguish individual users to apply Cloudflare WAF Rate
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* Sales Readiness Platform
* * * Sales Readiness Platform
Transform your revenue team using Mindtickle's Sales Readiness
Platform.
Platform Overview
* * Browse by Module
* Sales Enablement & TrainingBuild rep knowledge and skills with practice
and AI-assisted reinforcement
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customer needs
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interactions
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and take actions that boost revenue
* *
* Sales Readiness Index™Identify your Ideal Rep Profile™ and tie skills
to sales success
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persona-based insights
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coaching
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* *
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Solutions Overview
* * By Use Case
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* *
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* * * Our Customers
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* * Featured Case Study
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* * * Sales Readiness Resources
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Terms of Service
TERMS OF SERVICE
For older versions of the Terms of Service please refer to:
* Terms of Service effective January 2021 to August 2022
* Terms of Service effective April 2020 to December 2020
* Terms of Service effective prior to April 2020
MASTER SUBSCRIPTION AND SERVICES AGREEMENT
THIS MASTER SUBSCRIPTION AND SERVICES AGREEMENT GOVERNS YOUR (HEREAFTER REFERRED
TO AS ‘CUSTOMER/S’) ACCESS TO AND USE OF THE SERVICES THAT CUSTOMER IS USING IN
CONNECTION HEREWITH AND THAT ARE BROUGHT TO CUSTOMER BY MINDTICKLE, INC OR
MINDTICKLE INTERACTIVE MEDIA PRIVATE LIMITED WHICH OWNS AND OPERATES THE SERVICE
(HEREAFTER REFERRED TO AS ‘MINDTICKLE’).
BY ACCEPTING THIS AGREEMENT, EITHER BY CLICKING A BOX INDICATING ACCEPTANCE OR
BY EXECUTING AN ORDER FORM THAT REFERENCES THIS AGREEMENT, OR BY ACCESSING OR
USING ANY PART OF THE SERVICE, CUSTOMER AGREES TO ALL THE TERMS OF THIS
AGREEMENT. IF CUSTOMER IS ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR
OTHER LEGAL ENTITY, CUSTOMER REPRESENTS TO HAVE THE AUTHORITY TO BIND SUCH
ENTITY AND ITS AFFILIATES TO ALL OF THESE TERMS AND CONDITIONS, IN WHICH CASE
THE TERM “CUSTOMER” SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF CUSTOMER
DOES NOT HAVE SUCH AUTHORITY, OR IF CUSTOMER DOES NOT UNCONDITIONALLY AGREE WITH
THESE TERMS AND CONDITIONS, CUSTOMER MUST NOT ACCEPT THIS AGREEMENT AND CUSTOMER
WILL NOT HAVE ANY RIGHT TO USE THE SERVICES.
CUSTOMER MAY NOT ACCESS THE SERVICES IF CUSTOMER IS MINDTICKLE’S DIRECT
COMPETITOR, EXCEPT WITH MINDTICKLE’S PRIOR WRITTEN CONSENT. IN ADDITION,
CUSTOMER MAY NOT ACCESS THE SERVICES FOR PURPOSES OF MONITORING THEIR
AVAILABILITY, PERFORMANCE OR FUNCTIONALITY, OR FOR ANY OTHER BENCHMARKING OR
COMPETITIVE PURPOSES.
THIS AGREEMENT IS EFFECTIVE BETWEEN CUSTOMER AND MINDTICKLE AS OF THE DATE OF
CUSTOMER ACCEPTING THIS AGREEMENT. MINDTICKLE’S ACCEPTANCE IS EXPRESSLY
CONDITIONED UPON CUSTOMER’S ASSENT TO ALL THE TERMS OF THIS AGREEMENT, TO THE
EXCLUSION OF ALL OTHER TERMS.
1. Agreement Scope; Services.
1.1 Scope This Master Subscription and Services Agreement applies to Customer’s
use of:
(i) Mindtickle’s online learning and enablement system software offered as a
service hosted on the Mindtickle platform (“Mindtickle Platform” or “Platform”)
(ii) support or managed services related to the Platform (collectively, the
“Subscription Services”)
(iii) professional and/or consulting services (“Professional Services”)
(iv) content as a service (“CaaS”) and
(v) Customer education services
as described in one or more Orders or Statements of Work signed by the Parties,
including any attachments thereto (each, an “Order” or “SOW” as the case may
be).
Subscription Services, Professional Services, CaaS and Customer education
services are collectively referred to as the “Services” and Orders and SOWs are
collectively referred to as “Provisioning Documents.”
This Master Subscription and Services Agreement and all Provisioning Documents,
including any addenda and exhibits, constitute the “Agreement.” All capitalized
terms not defined herein will have the meanings attributed to them in the
Provisioning Documents.
1.2 Procurement and Provisioning by Affiliates. Customer may procure the
Services under this Agreement for its own self and on behalf of one or more
Customer Affiliates (defined below). Customer is responsible for the acts and
omissions of Customer Affiliates under any Provisioning Document pursuant to
which the Customer Affiliate receives the benefit of the Services but is not a
signatory. Customer Affiliates who sign a Provisioning Document will be deemed
to be the Customer hereunder and solely responsible for its performance or
non-performance thereunder. “Affiliate” means any legal entity directly or
indirectly controlling, controlled by or under common control with a Party,
where control means the ownership of a majority share of the stock, equity or
voting interests of such entity.
1.3 Subscription Services Users. “User” shall mean an individual who has
signed-up or has been added to the Platform (by the Customer or by Mindtickle at
Customer request), whether or not the individual is using the Subscription
Services at any given time. During the Subscription Term set forth in each
Order, Mindtickle will make the Subscription Services available to Customer and
its authorized end users (“End Users”) and administrative account users
(“Admin(s)”) who may be Users of Customer’s Affiliates, employees, agents or
contractors. The number of Users shall be set forth in the Order. Customer shall
assign each User a Log-In (as set forth in Section 2.5). Where a User no longer
requires access to the Subscription Services (e.g., User no longer is employed
or engaged by Customer), Customer may deactivate the Log-In for such User and
re-provision it to a new User provided that all data associated with the
previous User may be removed or deleted from the Subscription Services by
Mindtickle. Users may access and use the Subscription Services solely for
Customer’s internal business purposes in accordance with the terms of this
Agreement. Customer is responsible for use of the Subscription Services by Users
and any party who accesses the Subscription Services with a User’s account
credentials.
1.4 Upgrades; Modifications; Improvements and Enhancements. Mindtickle shall
have sole discretion as to whether to make updates, improvements, modifications
or enhancements or add new features (“Updates”) to the Subscription Services and
reserves the right to do so at any time, provided that such Updates do not
materially and adversely impact the Services nor result in any increase of the
price of the Services during the Subscription Term. Any such Updates are deemed
part of the Subscription Services and shall be subject to this Agreement.
1.5 Service Level Agreement. The Application Availability service level
agreement is in https://www.mindtickle.com/service-level-agreement (“SLA”). The
Subscription Services may be temporarily unavailable for scheduled maintenance,
unscheduled emergency maintenance or other causes beyond Mindtickle’s reasonable
control. Mindtickle will use reasonable efforts to provide advance notice of any
scheduled unavailability of the Subscription Services. If Mindtickle does not
meet the Service Commitment set forth in the SLA Mindtickle shall provide the
Service Credits as set forth in the SLA.
1.6 Beta Releases and Free Trial. From time-to-time Mindtickle may at its sole
discretion make available services to Customer to try which will be clearly
designated as beta, pilot, limited release, non-production or by similar
description in the Provisioning Document (“Beta Release”). Mindtickle makes no
promises that future versions of Beta Release will be released or if such Beta
Release will be made generally available, it will be substantially similar to
the current Beta Release. Mindtickle may terminate Customer’s right to use Beta
Release at any time for any reason or no reason in Mindtickle’s sole discretion.
If Mindtickle makes available Beta Release publicly, Customer may, execute a
separate Order to procure publicly available version of the Beta Release at
then-current applicable fees. If Customer opts for free trial, Mindtickle will
grant Customer the temporary access to the applicable Services solely for
Customer’s internal purposes and solely for use in evaluating the capabilities
of the Services and for the term mentioned in Order (“Free Trial”). If Customer
intends to continue using Free Trial after the end of term set forth in Order,
Customer shall execute a new Order at mutually agreed terms. Notwithstanding
anything to the contrary in the Agreement, Customer acknowledges and agrees that
Beta Release and Free Trial are provided on an “as is” and “as available” basis
without any liability and indemnity obligations, warranty, support, maintenance,
or service level obligations of any kind.
2. Subscription Services Terms of Use.
2.1 Restrictions. Customer will not, and will ensure that its Users do not,
directly or indirectly (i) make the Subscription Services available to anyone
other than Users or use the Subscription Services for the benefit of any
unrelated third party; (ii) sell, resell, assign, pledge, transfer, license,
sublicense, distribute, rent or lease the Subscription Services; (iii) reverse
engineer, decompile, disassemble or otherwise attempt to discover the source
code, object code or underlying structure, ideas or algorithms of the
Subscription Services or any software, documentation or data related to or
provided with the Subscription Services; (iv) modify, translate or create
derivative works based on the Subscription Services or remove any proprietary
notices or labels from the Subscription Services; (v) use or access the
Subscription Services to build or support, and/or assist a third party in
building or supporting products or services competitive to the Subscription
Services; (vi) include the Subscription Services in a service bureau or
outsourcing offering; (vii) knowingly or willfully use the Services in any
manner that could damage, disable, overburden, impair or otherwise interfere
with Mindtickle’s provision of the Subscription Services; (viii) disclose the
Subscription Services to any competitor of Mindtickle or other third parties.
Customer also agrees that it will, and will ensure that its Users, use the
Subscription Services only in compliance with the Mindtickle Acceptable Use
Policies set forth at https://www.mindtickle.com/acceptable-use-policy/
2.2 Virus and Malicious Code. Neither Customer nor any User, will insert nor
permit the insertion or introduction of any Malicious Code (defined below) into
the Mindtickle Platform. “Malicious Code” means (i) any code, program, or
sub-program the knowing or intended purpose or effect of which is to damage or
maliciously interfere with the operation of the Platform or any other software
or systems, or to halt, disable, or interfere with the operation of the
Subscription Services, or (ii) any device, method, or token that permits any
person to circumvent without authorization the normal security of the
Subscription Services or the Platform.
2.3 Minimum Standards. Customer and its Users will provide and maintain all
hardware, software and network connectivity (“Environment”) needed to access the
Internet and the Subscription Services that meet the standards provided on the
Mindtickle’s website
at https://www.mindtickle.com/browsers-and-device-support/ which may be revised
by Mindtickle from time to time and communicated to Customer and/or updated on
the Mindtickle’s website.
2.4 Links to/from Third Party Sites. The Subscription Service may allow Customer
or its Users to (i) leave the Subscription Services and/or access third party
websites and content, (ii) access the Subscription Services through third party
websites, or (iii) embed links to third party content as or into Customer Data
(any of the foregoing, “Links” or Linked Sites”). Any such Links or Linked Sites
are not under the control of Mindtickle, are used at Customer’s sole risk, and
Mindtickle is not responsible for the contents of any Linked Site, any Link
contained in a Linked Site, any changes or updates to Linked Sites, or the
performance or security of Linked Sites. Any content accessed by Customer
through Links or Linked Sites shall be subject to such agreement as is entered
between Customer and the relevant third party content provider.
2.5 Log-Ins; Security. Customer is responsible for administering usernames and
passwords for all Users (the “Log-In Information”) and for any User’s access
granted to the Subscription Services. Log-In Information (which includes logins
by means of single sign on) may be used only by the assigned User and may not be
shared. Customer is responsible for maintaining the security of the equipment
and Customer’s Log-Ins. To the extent within Customer’s control, Customer will
take reasonable measures to prevent unauthorized third parties from accessing
the Subscription Services. Customer shall be liable for all acts and omissions
of its Users, and for any resulting loss that Customer or a User may incur due
to the unauthorized use of a Users’ Log-Ins or accounts.
2.6 Suspension.
2.6.1 Customer Violation. Mindtickle may immediately suspend Customer’s access
to the Subscription Services if (i) Customer fails to make payment for
undisputed Fees due within 10 business days after Mindtickle has provided
Customer with written notice of such failure; or (ii) Customer violates this
Section 2, or Section 9 (Confidential Information). Mindtickle will provide
Customer the basis for suspension (“Violation”) together with reasonable
assistance, where possible, to prevent or resolve the basis for such Violation.
Any such suspension will be to the minimum extent, and of the minimum duration,
reasonably required to prevent or resolve the Violation.
2.6.2 Emergencies. Mindtickle may immediately suspend the Customer’s access to
the Subscription Services if: (i) Mindtickle becomes aware of what it, in its
sole discretion, deems a credible claim that the Subscription Services infringe
upon the intellectual property rights of a third party; (ii) if required to do
so by law or (iii) if there is an event for which Mindtickle reasonably believes
suspension of Subscription Services is necessary to protect the Mindtickle
network or Mindtickle’s other customers (e.g., DDoS, a security incident, etc.).
In each case, Mindtickle will give you advance notice of pending suspension or
termination of at least twelve (12) hours, unless Mindtickle determines, in its
reasonable discretion, that no notice or shorter notice is necessary to protect
Mindtickle, its customers, or others. Any such suspension will be to the minimum
extent, and of the minimum duration, reasonably required to prevent or resolve
the basis for such suspension. Any suspension by Mindtickle of the Subscription
Services under this Section 2.6.2 will not relieve Customer of its payment
obligations hereunder.
3. Ownership; Use of Customer Data and Statistical Information.
3.1 Subscription Services. Customer acknowledges that the Subscription Services
are offered online on a subscription basis. As between the Parties, Mindtickle
owns and reserves all rights, title and interest in and to the Subscription
Services, including any software or documents related to or provided with the
Subscription Services and all intellectual property rights and derivatives,
modifications, refinements or improvements thereto (“Mindtickle IP”). From time
to time, Customer or its Users may submit to Mindtickle comments, questions,
enhancement requests, suggestions, ideas, process descriptions or other
information related to the Subscription Services (“Feedback”). Customer agrees
that Mindtickle has all rights to use and incorporate Feedback into the
Subscription Services without restriction or payment to Customer. No rights are
granted to Customer other than as expressly set forth herein.
3.2 Professional Services Results. Mindtickle retains all ownership rights to
all materials including background and training materials, data, processes,
tools, methodologies, results, reports, presentations or any other information
or material generated or developed by Mindtickle through the use of or derived
from Mindtickle’s Confidential Information or the Mindtickle IP. Customer
retains all ownership rights of any materials generated or developed by
Mindtickle and exclusively derived from the Customer Data (e.g., edited,
modified, reformatted versions of Customer Data, all of which shall be deemed
part of “Customer Data” as defined below).
3.3 Customer Data. Customer owns or has secured the right to use any data,
content, information or material submitted by Customer or its Users through the
Platform (“Customer Data”). Customer will be solely responsible for (i) the
accuracy, quality, content, legality and use of Customer Data, including the
means by which Customer Data is acquired and transferred by Customer or its
Users outside of the Subscription Services, (ii) obtaining any licenses,
permissions or authorizations required for any use of the Customer Data, and
(iii) complying with all applicable terms and conditions of any third party
website related to Customer Data obtained from such third party website or its
use in connection with the Subscription Services. Customer hereby grants
Mindtickle the right to use the Customer Data solely as necessary to provide or
to assist Customer in the use of the Services hereunder.
3.4 Statistical Information. Mindtickle may monitor Customer’s and its User’s
use and the operation of the Subscription Services and compile such data in an
aggregate and anonymous manner to derive statistical and performance information
related to the provision and operation of the Subscription Services
(“Statistical Information”). Mindtickle may make such Statistical Information
publicly available, provided that such information does not include any data
that would enable the identification of Customer or disclose Customer
Confidential Information. Mindtickle retains all rights, title and interest in
and to such Statistical Information.
4. Payments.
4.1 Fees. Customer will pay all fees set forth in the Provisioning Documents and
any fees invoiced pursuant to this Agreement (“Fees”). All Fees are
non-cancelable and non-refundable, except as expressly specified in this
Agreement. Professional Services will be provided on a time and materials
(“T&M”) basis unless otherwise set forth in the Order. If an estimated total
amount is stated in the Order, that amount is a good faith estimate and not a
guarantee the Professional Services will be completed for that amount.
4.2 Overages. Customer will always ensure that its use of the Subscription
Services does not exceed the usage terms (number of Users, product and/or number
and type of specific modules in the Subscription Services Package to which User
has access) specified in the Order (“Usage Limit”). If a Customer is exceeding
the Usage Limit, the number of Users in excess of the Usage Limit shall be an
“Overage”. In the event of an Overage, Mindtickle reserves the right to raise an
invoice for the Overage from the date the Overage first commenced through the
end of the then current Subscription Term at the relevant User rates specified
in the ongoing Order, which the Customer shall pay in accordance with the
payment terms of the Agreement.
4.3 Taxes and Currency. All Fees are exclusive of, and Customer will be
responsible for payment of taxes, levies, duties or similar local, state,
provincial, federal or foreign jurisdiction governmental assessments on the
Services. Customer is not responsible for any taxes based on Mindtickle’s net
income or property. Except as otherwise specified in a Provisioning Document,
all Fees due hereunder will be paid in U.S. Dollars.
4.4 Invoices. All amounts are due and payable as specified in the Provisioning
Documents. If no payment terms are specified in the applicable Provisioning
Documents, payment terms are net 30 days from receipt of invoice. Unpaid
invoices not the subject of a written good faith dispute are subject to a
finance charge of 1.5% per month on any outstanding balance, or the maximum
permitted by law, whichever is lower, plus all reasonable expenses of
collection.
4.5 Expenses. Customer will be responsible for all travel expenses, hotel
accommodations, and any other out-of-pocket expenses incurred by Mindtickle in
connection with the Professional Services, as set forth in the Order or subject
to Customer’s prior written approval (email shall suffice).
5. Term and Termination
5.1 Term. Subject to earlier termination as provided below, this Agreement shall
remain in effect until all Orders have terminated or expired, or if this
Agreement is otherwise terminated in accordance with the terms hereunder.
Following the end of the initial Term mentioned in the Order, the Term will
automatically renew for another one year term (and for each subsequent year,
thereafter) with an annual increase of no more than 5% per year unless (i)
renewal Order has already been mutually agreed in writing on or before the
expiry of the then current term, or (ii) either party gives written notice at
least 30 days prior to the end of the initial or any subsequent renewal term of
its intention to terminate the Order. Provided that, Subscriptions originally
sold as promotional package will be renewed at Mindtickle’s applicable list
price in effect at the time of the renewal.
5.2 Termination for Cause. In the event of a material breach by either Party,
the non-breaching Party will have the right to terminate the applicable
Provisioning Document for cause if such breach has not been cured within 30 days
after written notice from the non-breaching Party specifying the breach.
5.3 Effect of Termination. If Mindtickle terminates this Agreement and/or a
Provisioning Document for Customer’s uncured material breach (i) all Fees set
forth in the terminated Provisioning Document will be immediately due and
payable; (ii) all rights granted thereunder will immediately terminate; and
(iii) all unpaid Overages shall be also immediately due and payable. If Customer
terminates a Provisioning Document for Mindtickle’s uncured material breach,
Customer will be entitled to a pro-rata refund for applicable prepaid Fees under
such terminated Provisioning Document for the Mindtickle Services not performed
calculated from the date of termination. Upon completion of the Agreement Term,
all rights to access and use the Subscription Services will terminate.
Notwithstanding the foregoing, at Customer’s request if received within 30 days
of termination of the Order (“Grace Period”), Mindtickle shall make available to
Customer any of the Customer Data in then Mindtickle’s possession in such format
as mutually agreed by the Parties. After such Grace period, Customer
acknowledges and agrees that Mindtickle has no obligation to retain Customer
Data and that Mindtickle will irretrievably delete and destroy Customer Data. If
requested by the Customer in writing, Mindtickle will certify to such
destruction in writing.
5.4 Survival. The following sections of this Agreement will survive the
termination of the Agreement: Section 2.1 (Restrictions), Section 3 (Ownership,
Use of Customer Data, Statistical Information), Section 4 (Payments), Section 5
(Term and Termination), Section 6.5 (Warranties Disclaimer), Section 7
(Indemnification), Section 8 (Limitation of Liability), Section 9 (Confidential
Information) and Section 11 (General Terms).
6. Warranties; Warranty Remedies; Warranties Disclaimer
6.1 General Warranty. Each Party represents and warrants to the other Party that
it has the power and authority to enter into the Agreement.
6.2 Subscription Services Warranty. Mindtickle warrants (i) the Platform, under
normal use, will perform materially in accordance with the Documentation
provided by Mindtickle; and (ii) the Subscription Services will be provided in a
manner consistent with generally accepted industry standards. “Documentation”
means any help pages or other end user documentation provided by Mindtickle to
describe the functionality of the Subscription Services or how to use the
Subscription Services.
6.3 Professional Services Warranty. Mindtickle warrants the Professional
Services will be performed in a professional and workmanlike manner, in
accordance with generally accepted industry standards and the specifications set
forth in the Order.
6.4 Warranty Remedies.
6.4.1 Customer will notify Mindtickle of any material breach of the warranties
(“Warranty Deficiency”) under Sections 6.2 and 6.3 within 30 days of the
performance of the relevant Mindtickle Services and Customer’s remedy will be
the re-performance of the Warranty Deficiency. If Mindtickle cannot re-perform
such Warranty Deficiency and provide the Mindtickle Services as warranted,
Customer will be entitled to terminate the deficient Mindtickle Services, as
applicable, and recover a pro-rata portion of the Fees paid to Mindtickle for
such deficient Mindtickle Services.
6.4.2 The foregoing shall be Customer’s exclusive remedies and Mindtickle’s
entire liability with respect to the warranty commitments set forth in Sections
6.2 and 6.3.
6.5 WARRANTIES DISCLAIMER. EXCEPT FOR THE EXPRESS WARRANTIES ABOVE, AND TO THE
MAXIMUM EXTENT PERMITTED BY LAW, MINDTICKLE AND ITS THIRD-PARTY PROVIDERS
DISCLAIM ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING ANY WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT. MINDTICKLE DOES NOT WARRANT THE RELIABILITY, TIMELINESS,
SUITABILITY, OR ACCURACY OF THE MINDTICKLE SERVICES OR THE RESULTS CUSTOMER MAY
OBTAIN BY USING THE MINDTICKLE SERVICES. MINDTICKLE DOES NOT WARRANT
UNINTERRUPTED OR ERROR-FREE OPERATION OF THE SUBSCRIPTION SERVICES OR THAT
MINDTICKLE WILL CORRECT ALL DEFECTS OR PREVENT THIRD PARTY DISRUPTIONS OR
UNAUTHORIZED THIRD-PARTY ACCESS. MINDTICKLE DISCLAIMS ALL FAILURES, DELAYS, AND
OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET, TELECOMMUNICATIONS
FACILITIES OR EQUIPMENT, OR NETWORKS THAT ARE NOT CONTROLLED BY MINDTICKLE. IN
THE EVENT ANY DISCLAIMER IN THIS SECTION CONFLICTS WITH THE SLA, THE TERMS OF
THE SLA SHALL GOVERN WITH RESPECT TO THAT SPECIFIC DISCLAIMER.
7. Indemnification
7.1 Mindtickle. Mindtickle will defend Customer against any claim brought
against Customer by a third party alleging the Mindtickle Services as provided
by Mindtickle directly infringe the U.S. patent, copyright, or trademark rights
of the claimant and will pay Customer for finally awarded damages and costs and
Mindtickle-approved settlements of the claim. Mindtickle’s obligations to defend
or indemnify will not apply to the extent a claim is based on (i) Customer Data,
or Customer’s or a third-party vendor’s technology, software, materials, data or
business processes; (ii) a combination of the Mindtickle Services with
non-Mindtickle products or services; or (iii) any use of the Mindtickle Services
not in compliance with this Agreement. Mindtickle may, in its discretion and at
no cost to Customer, (a) modify the Mindtickle Services to avoid infringement;
or, if applicable, (b) terminate Customer’s subscriptions for the affected
Subscription Services and refund Customer any related prepaid Fees for the
remainder of the Subscription Term.
7.2 Customer. Customer will defend Mindtickle against any claim brought against
Mindtickle by a third party alleging (i) Customer Data infringes the
intellectual property, privacy or other rights of the claimant; or (ii)
Customer’s use of the Mindtickle Services, other than as authorized in this
Agreement, violates applicable law or regulations, or infringes the claimant’s
intellectual property rights, and will pay Mindtickle for finally-awarded
damages and costs and Customer-approved settlements of the claim.
7.3 Procedure. As a condition to the indemnifying Party’s obligations under this
Section 7, the Party seeking indemnification must (i) promptly give written
notice of the claim to the indemnifying Party; (ii) give the indemnifying Party
sole control of the defense and settlement of the claim (provided that the
indemnifying Party may not settle any claim unless it unconditionally releases
the indemnified Party of all liability); and (iii) provide the indemnifying
Party, at the indemnifying Party’s cost, all reasonable assistance. THIS SECTION
STATES THE INDEMNIFIED PARTY’S SOLE REMEDY, TO THE EXCLUSION OF ALL OTHER
REMEDIES (IN CONTRACT, TORT OR OTHERWISE), AND THE INDEMNIFYING PARTY’S TOTAL
LIABILITY REGARDING THE CLAIMS AND LIABILITIES ADDRESSED BY THIS SECTION 7.
8. Limitation of Liability. NO PARTY WILL BE LIABLE UNDER ANY CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY (i) FOR ERROR OR INTERRUPTION OF
USE, INACCURACY OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICE OR
TECHNOLOGY, OR LOSS OF BUSINESS OR DATA; (ii) FOR ANY INDIRECT, EXEMPLARY, LOST
PROFITS, LOST REVENUE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (iii) FOR
ANY MATTER BEYOND ITS REASONABLE CONTROL, EVEN IF SUCH PARTY HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH LOSS OR DAMAGE; OR (iv) EXCEPT FOR CUSTOMER PAYMENT
OBLIGATIONS, FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL
OTHER CLAIMS, EXCEED THE CUMULATIVE FEES INVOICED TO CUSTOMER UNDER THE
AGREEMENT IN THE TWELVE (12) MONTHS PRECEDING THE DATE THE CLAIM AROSE. THE
FOREGOING LIMITATION WILL NOT APPLY TO A PARTY’S OBLIGATION OF INDEMNIFICATION
AS SET FORTH IN SECTION 7 OR TO THE EXTENT PROHIBITED BY LAW.
9. Confidential Information. Each Party (the “Recipient”) understands that the
other Party (the “Discloser”) may during the Agreement Term and in connection
with the Services disclose non-public information relating to the Discloser’s
business that is designated as confidential or reasonably should be understood
to be confidential and/or proprietary given the nature of the information and
circumstances of disclosure (“Confidential Information”). The Recipient agrees
(i) to take reasonable precautions to protect such Confidential Information; and
(ii) not to use or divulge to any third person any such Confidential Information
except as set forth herein and only to those of its employees and contractors
who need access for purposes consistent with this Agreement and who are bound to
confidentiality terms with Recipient containing protections no less stringent
than those herein. The Discloser agrees that the foregoing will not apply with
respect to Confidential Information that the Recipient can document (a) is or
becomes generally available to the public; (b) was in its possession or known by
it prior to receipt from the Discloser; (c) was rightfully disclosed to it by a
third party; or (d) was independently developed without use of any Confidential
Information of the Discloser. If the Recipient is required by law or court order
to disclose Confidential Information, it will give prior written notice to the
Discloser (to the extent legally permitted) and reasonable assistance at the
Discloser’s cost to contest the disclosure. Recipient acknowledges that the
breach or threatened breach of this Agreement may result in irreparable injury
to Discloser and that, in addition to its other remedies, the Discloser shall be
entitled to seek such temporary and permanent injunctive relief it deems
necessary to restrain any threatened or continued breach of this Agreement.
10. Insurance and Security.
10.1 Insurance. Mindtickle will, at its expense, procure and maintain throughout
the Agreement Term insurance policies and coverages required by law applicable
to its business operations and sufficient to support and cover its obligations
hereunder as set forth in https://www.mindtickle.com/insurance/. All such
policies identified under this Section shall be issued by reputable and
financially sound insurance companies authorized to do business in the
geographic area where the Mindtickle Services are to be performed. Upon
Customer’s written request, Mindtickle shall furnish to Customer a certificate
of insurance evidencing that such policies are in full force and effect.
10.2 Data Privacy and Security. Mindtickle shall maintain a privacy policy that
complies with all applicable laws and which is available as set forth
at https://www.mindtickle.com/privacy-policy/ (“Privacy Policy”), as may be
updated from time to time. Furthermore, Mindtickle will maintain appropriate
administrative, physical, and technical safeguards designed to protect the
security and integrity of the Subscription Services and Customer Data in
accordance its security obligations available as set forth in
at https://www.mindtickle.com/technical-and-organizational-security-measures/ (“Security
Requirements”), as may be updated from time to time. Those safeguards may
include, but will not be limited to, measures for endeavoring to prevent access,
use, modification or disclosure of Customer Data by Mindtickle personnel except:
(a) as necessary to provide the Services including but not limited to preventing
or addressing Service or technical problems; (b) as compelled by law in
accordance with Section 2.6; or (c) as may expressly permitted in a writing from
an authorized Customer representative.
11. General Terms.
11.1 Notice. Mindtickle may give general notices for Subscription Services
applicable to all Customers by means of a notice on the Subscription Services
web portal. Specific notices applicable to Users of the Subscription Services,
technical support, system security and other account notices will be given by
electronic mail to Customer’s e-mail address on record in Mindtickle’s account
information. All legal or dispute-related notices will be sent by first class
mail, electronic mail or express delivery, if to Mindtickle, attention CEO, and
legal@mindtickle.com, at 535 Mission St, 14th Floor, San Francisco, CA 94105,
and if to Customer, at the address set forth in the first paragraph of this
Agreement.
11.2 Force Majeure. Neither Party will be responsible for failure or delay of
performance if caused by an act of nature, war, hostility or sabotage; an
electrical, internet, or telecommunication outage that is not caused by the
obligated Party; government restrictions (including the denial or cancellation
of any export or other license); or other event outside the reasonable control
of the obligated Party. Each Party will use reasonable efforts to mitigate the
effect of a force majeure event. If such event continues for more than 20 days,
either Party may cancel unperformed Services upon written notice. A force
majeure event shall not excuse Customer’s obligations to make timely payment.
11.3 Governing Law. Unless specifically set forth in the applicable Provisioning
Document (i) any action, claim, or dispute between the Parties will be governed
by California law, excluding its conflicts of law provisions, and controlling
U.S. federal law; and (ii) the Parties agree to the exclusive jurisdiction of
and venue in the state and federal courts California. Except for actions for
nonpayment or breach of either Party’s proprietary rights, no action, regardless
of form, arising out of or relating to the Agreement may be brought by either
Party more than 2 years after the cause of action has accrued.
11.4 Entire Agreement. This Agreement represents the Parties’ entire
understanding relating to the Services and supersedes any prior or
contemporaneous agreements or understandings regarding the Services. In the
event of a conflict between this Agreement and a contemporaneous or later-dated
Provisioning Document, the terms of the contemporaneous or later-dated
Provisioning Document will control. No terms, provisions or conditions of any
purchase order, acknowledgement or other business form Customer may use in
connection with the acquisition of Services will affect the rights, duties or
obligations of the Parties hereunder, or otherwise modify this Agreement,
regardless of any failure of Mindtickle to object to such terms, provisions or
conditions.
11.5 Amendment / No Waiver. This Agreement may be amended only by written
agreement signed by the Parties. If any provision of this Agreement is held by a
court of competent jurisdiction to be invalid or unenforceable, then such
provision(s) will be construed to reflect the intent of the invalid or
unenforceable provision(s), with all other provisions remaining in full force
and effect. The failure of either Party to enforce any right or provision in the
Agreement will not constitute a waiver of such right or provision unless
acknowledged and agreed to by such Party in writing.
11.6 Assignment; Subcontracting. No joint venture, partnership, employment, or
agency relationship exists between Mindtickle and Customer as a result of the
Agreement or use of the Services. This Agreement and any rights or obligations
hereunder may not be assigned, sublicensed or otherwise transferred by the
Parties without the prior written approval of the non-assigning Party, except
that either Party may assign or transfer this Agreement in connection with a
merger or acquisition of all or substantially all of the assets of the assigning
company (other than to a direct competitor of the non-assigning Party and
provided that the assignee agrees in writing to be bound by all terms and
conditions of this Agreement) by providing the non-assigning Party with prompt
written notice of assignment. Any purported assignment in violation of this
section will be void. Mindtickle may use subcontractors to perform Professional
Services; Mindtickle will remain responsible for the performance of such
Professional Services by any such subcontractor and otherwise for any
subcontractor’s compliance with the terms of this Agreement.
11.7 Compliance with Laws. Each Party agrees to abide by all applicable federal,
state, local, and foreign laws and regulations in the performance of this
Agreement.
11.8 U.S. Government Matters. Notwithstanding anything else, Customer may not
provide to any person or export or re-export or allow the export or re-export of
the Services or any software or anything related thereto or any direct product
thereof (collectively “Controlled Subject Matter”), in violation of any
restrictions, laws or regulations of the United States Department of Commerce,
the United States Department of Treasury Office of Foreign Assets Control, or
any other United States or foreign agency or authority. Without limiting the
foregoing Customer acknowledges and agrees that the Controlled Subject Matter
will not be used or transferred or otherwise exported or re-exported to
countries as to which the United States maintains an embargo (collectively,
“Embargoed Countries”), or to or by a national or resident thereof, or any
person or entity on the U.S. Department of Treasury’s List of Specially
Designated Nationals or the U.S. Department of Commerce’s Table of Denial Orders
(collectively, “Designated Nationals”). The lists of Embargoed Countries and
Designated Nationals are subject to change without notice. Use of the Service is
representation and warranty that the User is not located in, under the control
of, or a national or resident of an Embargoed Country or Designated National.
The Controlled Subject Matter may use or include encryption technology that is
subject to licensing requirements under the U.S. Export Administration
Regulations. As defined in FAR section 2.101, any software and documentation
provided by Mindtickle are “commercial items” and according to DFAR section
252.227-7014(a)(1) and (5) are deemed to be “commercial computer software” and
“commercial computer software documentation.” Consistent with DFAR section
227.7202 and FAR section 12.212, any use modification, reproduction, release,
performance, display, or disclosure of such commercial software or commercial
software documentation by the U.S. Government will be governed solely by the
terms of this Agreement and will be prohibited except to the extent expressly
permitted by the terms of this Agreement.
11.9 Anti-Corruption. Neither party has received or been offered any illegal or
improper bribe, kickback, payment, gift, or thing of value from an employee or
agent of the other party in connection with this Agreement. Reasonable gifts and
entertainment provided in the ordinary course of business do not violate the
above restriction.
11.10 Publicity. Customer hereby grants to Mindtickle the express right to use
Customer’s company logo and/ or name in marketing, sales, financial, public
relations material, display materials and other communications solely to
identify Customer as a Mindtickle Customer. Mindtickle hereby grants to Customer
the express right to use Mindtickle name and/or logo solely to identify
Mindtickle as a provider of Services to Customer. Other than as expressly stated
herein, neither party shall use the other party’s name and/or logos without the
prior written permission of the other party.
The following sections replace those set forth in the Agreement above with
respect to Customers who are executing the Order with Mindtickle Interactive
Media Pvt. Ltd. for the purchase of Services in India.:
4.3 Taxes and Currency. All fees are exclusive of, and Customer will be
responsible for payment of, taxes, levies, duties or similar local, state,
provincial, central or foreign jurisdiction governmental assessments on the
Services. Customer is not responsible for any taxes based on Mindtickle’s net
income or property. Except as otherwise specified in a Provisioning Document,
all fees due hereunder will be paid in INR.
7.1 Mindtickle. Mindtickle will defend Customer against any claim brought
against Customer by a third party alleging the Mindtickle Services as provided
by Mindtickle directly infringe a patent, copyright, or trademark right of the
claimant registered in India and will pay Customer for finally-awarded damages
and costs and Mindtickle-approved settlements of the claim. Mindtickle’s
obligations to defend or indemnify will not apply to the extent a claim is based
on (i) Customer Data, or Customer’s or a third-party vendor’s technology,
software, materials, data or business processes; (ii) a combination of the
Mindtickle Services with non-Mindtickle products or services; or (iii) any use
of the Mindtickle Services not in compliance with this Agreement. Mindtickle
may, in its discretion and at no cost to Customer, (a) modify the Mindtickle
Services to avoid infringement; or, if applicable, (b) terminate Customer’s
subscriptions for the affected Subscription Services and refund Customer any
related prepaid fees for the remainder of the Subscription Term.
11.1 Notice. Mindtickle may give general notices for Subscription Services
applicable to all Customers by means of a notice on the Subscription Services
web portal. Specific notices applicable to Users of the Subscription Services,
technical support, system security and other account notices will be given by
electronic mail to Customer’s e-mail address on record in Mindtickle’s account
information. All legal or dispute-related notices will be sent by first class
mail or express delivery, if to Mindtickle, attention CEO, at 115 Sansome
Street, Suite 700, San Francisco, CA 94104, and if to Customer, at the address
set forth in the first paragraph of this Agreement.
11.3 Governing Law. Unless specifically set forth in the applicable Provisioning
Document (i) any action, claim, or dispute between the Parties will be governed
by laws in India, excluding its conflicts of law provisions; and (ii) the
Parties agree to the exclusive jurisdiction of the courts in Pune. Except for
actions for nonpayment or breach of either Party’s proprietary rights, no
action, regardless of form, arising out of or relating to the Agreement may be
brought by either Party more than 2 years after the cause of action has accrued.
11.7 Compliance with Laws. Each Party agrees to abide by all applicable central,
state, local, and foreign laws and regulations in the performance of this
Agreement.
Additional terms applicable to an Order when Services specified below are
procured through the respective Order
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Name/ Description of Services Procured through on Order
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Subscription Services/ Platform Subscription
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Professional Services
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Content as a Service
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Managed Services
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