Please read these Terms of Service carefully before using the Services.
By using the Services, you agree to be bound by these Terms of Service, during the free trial and during the subscription to the Services through a Service Plan.
If you are agreeing to this agreement on behalf of or for the benefit of a Customer, then you represent and warrant that you have the necessary authority to agree to these Terms of Service on that Customer behalf.
These Terms of Service form a contract between Cockpit ITSM SAS and the Customer, and govern use of and access to the Services by the Customer, its Affiliates, its Users.
Software: Cockpit ITSM SAS provides online access to one or several Cockpit IT Service Manager Instances to the Customer. Each Instance is installed on a dedicated server with a dedicated database (private cloud). The features provided on each Instance depend on the selected Service Plan. Cockpit ITSM SAS provides the Customer with the software that can be interfaced with the Cockpit IT Service Manager Instances: Distributable Components, Monitoring Engines, Mobile Applications.
Maintenance and updates: Cockpit ITSM SAS maintains and updates the Customer' Instances. Maintenance and updates can lead to downtime periods of the Instances, which the Customer accepts. Cockpit ITSM SAS will notify the Customer not less than seven (7) days prior to schedule a planned downtime of the Instances.
Storage: The storage capacity made available to the Customer is based on the "active" Operator count on EACH Customer's Instance. The storage capacity includes the operating system data and the Instance installation files. Up to 30 Operators, the storage capacity is 80 GB; from 31 to 100 Operators, the storage capacity is 160 GB; from 101 to 300 Operators, the storage capacity is 320 GB; from 301 Operators, the storage capacity is 640 GB. The Customer can request an increase in storage capacity, Cockpit ITSM SAS will issue a specific quote in response to this request.
Backup and restore of data:
Cockpit ITSM SAS is responsible for the data backups.
The backups are executed daily.
The retention period for the backups is thirty (30) days.
The Customer can request a data restore from Cockpit ITSM SAS under certain conditions:
the Customer cannot request to restore data backed up more than thirty (30) days ago;
restores are complete restores of data at the date of their backup, partial data restores are not
possible.
SMTP gateway: Cockpit ITSM SAS provides the Customer with an SMTP gateway service in order to send email notifications from the Instances. Cockpit ITSM SAS does not guarantee the delivery of emails sent from this SMTP gateway and is not responsible in case of non-delivery of these emails for any reason. Cockpit ITSM SAS recommends that the Customer use an alternative SMTP gateway. If the Customer sends more than 40000 emails per month, the Customer MUST use an alternative SMTP gateway and Cockpit ITSM SAS reserves the right to close access to its SMTP gateway service.
Support: Cockpit ITSM SAS provides online support for the Services. This online support is accessible through the self-service portal.
Exclusion: Cockpit ITSM SAS IS NOT RESPONSIBLE for the installation, update, maintenance, backup, restore, administration, monitoring, and any technical actions on the Monitoring Engines. The Monitoring Engines are installed by the Customer on its technical environments (networks, servers, devices, etc.) strictly in accordance with the recommendations provided by Cockpit ITSM SAS. The installation, update, maintenance, backup, restore, administration, monitoring, and any technical actions on the Monitoring Engines are the responsibility of the Customer and must be executed strictly in accordance with the recommendations provided by Cockpit ITSM SAS.
Software: Cockpit ITSM SAS provides online access to one or several Cockpit IT Service Manager Instances to the Customer. Each Instance is installed on a dedicated server with a dedicated database on the infrastructure made available to Cockpit ITSM SAS by the Customer. Each dedicated server must be installed strictly in accordance with the recommendations provided by Cockpit ITSM SAS. Each dedicated server must be accessible to Cockpit ITSM SAS in accordance with the recommendations provided by Cockpit ITSM SAS. Cockpit ITSM SAS provides the Customer with the software that can be interfaced with the Cockpit IT Service Manager Instances: Distributable Components, Monitoring Engines, Mobile Applications.
SMTP gateway: The Customer provides Cockpit ITSM SAS with an SMTP gateway service in order to send email notifications from the Instances.
Maintenance and updates: Cockpit ITSM SAS maintains and updates the Customer' Instances. Cockpit ITSM SAS maintains and updates the server' operating systems which host the Customer' Instances. Maintenance and updates can lead to downtime periods of the Instances, which the Customer accepts. Cockpit ITSM SAS will notify the Customer not less than seven (7) days prior to schedule a planned downtime of the Instances.
Support: Cockpit ITSM SAS provides online customer support for the Services. This online support is accessible via email or through the self-service portal. Support is only provided for Service versions whose support status is active in the version history.
Exclusion: The Customer is responsible for the maintenance, monitoring and administration of the hardware and network infrastructure. The Customer is responsible for the daily hot backup of the servers which host the Customer' Instances. Cockpit ITSM SAS IS NOT RESPONSIBLE for the installation, update, maintenance, backup, restore, administration, monitoring, and any technical actions on the Monitoring Engines. The Monitoring Engines are installed by the Customer on its technical environments (networks, servers, devices, etc.) strictly in accordance with the recommendations provided by Cockpit ITSM SAS. The installation, update, maintenance, backup, restore, administration, monitoring, and any technical actions on the Monitoring Engines are the responsibility of the Customer and must be executed strictly in accordance with the recommendations provided by Cockpit ITSM SAS.
Software: Cockpit ITSM SAS provides the Customer with the necessary binaries to install and update the "ON PREMISE" Cockpit IT Service Manager Instances. Cockpit ITSM SAS provides the Customer with the software that can be interfaced with the Cockpit IT Service Manager Instances: Distributable Components, Monitoring Engines, Mobile Applications.
Support: Cockpit ITSM SAS provides online customer support for the Services. This online support is accessible via email or through the self-service portal. Support is only provided for Service versions whose support status is active in the version history.
Exclusion: Cockpit ITSM SAS IS NOT RESPONSIBLE for the installation, update, maintenance, backup, restore, administration, monitoring, and any technical actions on the Instances and on the Monitoring Engines. The Instances and the Monitoring Engines are installed by the Customer on its technical environments (networks, servers, devices, etc.) strictly in accordance with the recommendations provided by Cockpit ITSM SAS. The installation, update, maintenance, backup, restore, administration, monitoring, and any technical actions on the Instances and on the Monitoring Engines are the responsibility of the Customer and must be executed strictly in accordance with the recommendations provided by Cockpit ITSM SAS.
Subject to its compliance with the Terms of Service and solely during the subscription period, the
Customer has the limited, non-exclusive, non-transferrable and revocable right to access and use the
Services.
Use of Instances ("CLOUD" Service Plans): right to use the Instances to access and use the Services.
Use of Instances ("ON PREMISE" Service Plans with administration option): right to use the Instances
to access and use the Services.
Use of Instances ("ON PREMISE" Service Plans): right to download, install and use the Instances
strictly in accordance with the recommendations provided by Cockpit ITSM SAS.
Use of Monitoring Engines: right to download, install and use the Monitoring Engines strictly in
accordance with the recommendations provided by Cockpit ITSM SAS.
Use of Mobile Application: right to download, install and use the Mobile Application to access and
use the Services.
Use of APIs: right to use the APIs strictly in accordance with the recommendations provided by
Cockpit ITSM SAS.
Use of Distributable Components: right to use the Distributable Components strictly in accordance
with the End-User License Agreement (EULA).
The Customer may authorize its employees, customers, providers, and other third parties to access
the Services with a Login.
This access must be for the benefit of the Customer and in compliance with the Terms of Service.
The Customer shall be responsible for use of the Services through its Account by its employees,
customers, providers, and other third parties.
Each User shall be identified using a unique Login, this unique Login shall be used only by ONE
INDIVIDUAL.
Each User must keep its passwords secure and confidential.
The Customer is responsible for the confidentiality of the Service Data, Personal Data and for all
activities that occur under its Account.
The Customer also maintains all responsibility for determining whether the Services or the
information generated thereby is accurate or sufficient for its purposes.
Cockpit ITSM SAS will not be liable for any damage or loss that may result from a Users failure to
protect its connection information, including the password.
The Customer may use the Service only in accordance with applicable law.
The Customer may not license, sublicense, sell, resell, lease, distribute or otherwise commercially
exploit or make the Services available to any third party, other than Users and Affiliates in
furtherance of its internal purposes as expressly permitted by these Terms of Service.
The Customer may not use the Services to send unsolicited communications, junk mail, spam or other
forms of unsolicited messages.
The Customer may not use the Services to store or transmit any content that infringes upon any
person’s intellectual property rights.
The Customer may not use the Services to store or transmit any content that is unlawful, racist,
hateful, libelous or discriminatory.
The Customer may not try to gain unauthorized access to the Services or their related systems or
networks.
The Customer may not use the Services in any manner that interferes with or disrupts the integrity
or performance of the Services.
The Customer may not try to access the code, reverse engineer, remove or modify any proprietary
marking in the Services.
The Customer may not try to use or access the Services to build a competing service or product, or
copy any feature, function or graphic for competitive purposes.
The Services, its code, its graphics, its texts, its user interface, its designs, its components are
the exclusive property of Cockpit ITSM SAS and its licensors.
All rights, titles and interests in and to such items, including all associated intellectual
property rights, remain only with Cockpit ITSM SAS and its licensors.
These Terms of Service do not grant the Customer, neither its Affiliates nor its Users any
intellectual property rights to the Services, which remains the sole and exclusive property of
Cockpit ITSM SAS and its licensors.
Any suggestions, enhancement requests or other recommendations Cockpit ITSM SAS receives from the
Customer, its Affiliates, its Users and and which are incorporated into the Services or otherwise
used are the sole and exclusive property of Cockpit ITSM SAS and its licensors.
The Service Data as well as the Personal Data of the Customer, its Affiliates, and its Users are and will remain in all circumstances the property of the respective Customer, Affiliates and Users. Cockpit ITSM SAS commits to strictly respecting these property rights, in particular the intellectual property rights of the Customer, Affiliates and Users.
After its registration, the Customer must confirm its subscription to the Services during the free trial period. Once the free trial period has ended, the Customer has five (5) days to confirm its subscription, beyond these five (5) days, the Customer's Instance and the Service Data are deleted immediately and permanently.
If the Customer confirms its subscription to the Services, the subscription to the Services begins once the free trial period has ended and is automatically renewed until it is terminated under the conditions described in the "SUSPENSION AND TERMINATION" section.
After the Customer's registration, a temporary License Key is provided by Cockpit ITSM SAS for the Customer's IT Service Manager Cockpit Instance. The Customer must confirm its subscription to the Services during the free trial period. Once the free trial period has ended, the License Key is no longer valid and the access to the Services is suspended. The Customer can confirm its subscription once the free trial period has ended.
If the Customer confirms its subscription to the Services, a new License Key adapted to the Customer's volumetry is provided by Cockpit ITSM SAS, the subscription to the Services begins once the new License Key has been provided. The subscription to the Services continues until the expiration date of the License Key. The duration of the subscription to the Services is twelve (12) months. The subscription to the Services is renewable. The Customer can request at any time to add features or to increase volumetry on the License Key, the subscription charges are updated once the new License Key is provided. The Customer can request to remove features or to decrease volumetry on the License Key only upon expiry of the previous License Key, the subscription charges are updated once the previous License Key has expired. Thirty (30) days before the expiry date of the License Key, Cockpit ITSM SAS sends a notification to the Customer, the Customer indicates within ten (10) days of the notification date if it wishes to renew its subscription to the Services and if it wishes to update the features or the volume at the level of the new License Key. If the Customer wishes to renew its subscription to the Services, a new License Key is provided by Cockpit ITSM SAS.
In return for the Services, except during the free trial period, the Customer commits to paying the subscription charges based on the Service Plan previously selected by the Customer. The subscription charges in the Service Plans do not include value-added taxes, duties, withholding taxes or other taxes. The Customer is responsible for the payment of applicable taxes.
Subscription charges are assessed according to the data in the IT Service Manager Cockpit Instances of the Customer. Invoices for subscription charges are generated at the end of each month and made available to the Customer in electronic format. The Customer commits to paying the invoices within thirty (30) days of the invoice date.
Subscription charges are assessed according to the data in the IT Service Manager Cockpit Instances of the Customer. Invoices for subscription charges are generated at the end of each month and made available to the Customer in electronic format. The Customer commits to paying the invoices within thirty (30) days of the invoice date.
A License Key is provided for each Cockpit IT Service Manager Instance of the Customer. Subscription charges are assessed according to the features and volume thresholds configured in the License Keys provided to the Customer. Invoices for subscription charges are generated at the end of each month and made available to the Customer in electronic format. The Customer commits to paying the invoices within thirty (30) days of the invoice date.
The Customer can select different payment methods to pay the invoices for the subscription charges: SEPA direct debit, bank transfer. The Customer is responsible for maintaining the information relating to the selected payment method up-to-date. Cockpit ITSM SAS can use a third-party service provider to manage the processing of invoice payments for subscription charges.
Cockpit ITSM SAS will notify the Customer if an invoice for subscription charges has not been paid by the due date. Payments due must be paid within a maximum of fifteen (15) days from the date of notification. If payments due are not paid within the foregoing time period, the Customer's Account and access to the Services will be suspended until the payments due have been received.
Subscription charges are not refundable. No refund will be made in the event of partial use or non-use of the Services by the Customer.
The Customer can modify the Service Plan for each Cockpit IT Service Manager Instance. The selection of a "lower" Service Offer may result in a loss of content and feature, which the Customer accepts. Cockpit ITSM SAS is not responsible for such a loss.
During the free trial period, the Customer can close its Account at any time. The Customer's Instance and Service Data are immediately and permanently deleted.
Once the free trial period has ended, if the Customer does not confirm its subscription within five (5) days, the Customer Instance and Service Data are permanently deleted.
When the Customer has subscribed to the Services, it can terminate its subscription at any time. The access to the Services is immediately suspended after the termination request. The Customer's Instance and Service Data are permanently deleted after thirty (30) days.
During the free trial period, the Customer can close its Account at any time.
When the Customer has subscribed to the Services, it can terminate its subscription at any time. The access to the Services is not immediately suspended after the termination request. The termination is effective on the expiry date of the last License Key that was provided by Cockpit ITSM SAS. The Customer commits to uninstalling the Instances, Monitoring Engines and Distributable Components after the termination of its subscription.
The Confidential Information includes the Personal Data, the Service Data, and Cockpit IT Service Manager (its graphics, its texts, its user interface, its designs).
Each contractor must protect the other’s Confidential Information with the same degree of care that it uses to protect the confidentiality of its own confidential information not to disclose or use any Confidential Information of the other for any purpose outside the scope of these Terms of Service. Except as otherwise expressly permitted pursuant to these Terms of Service, each contractor may use the other’s Confidential Information solely to exercise its respective rights and perform its respective obligations under these Terms of Service. Each contractor shall disclose such Confidential Information solely the respective contributors who have a need to know such Confidential Information for such purposes and who are bound to maintain the confidentiality of, and not misuse, such Confidential Information.
Cockpit ITSM SAS shall process Confidential Information in accordance with applicable data privacy laws and in accordance with the Privacy Policy.
Cockpit ITSM SAS will notify the Customer without undue delay after becoming aware of any accidental or unlawful destruction, loss or unauthorized disclosure or access to any Confidential Information.
The Customer is permitted to state publicly that it uses the Services. Subject to compliance with the Privacy Policy, the Customer agrees that Cockpit ITSM SAS may include the Customer's name and trademarks in its Customer list, online or in promotional materials. The Customer also agrees that Cockpit ITSM SAS may verbally reference that the Customer uses the Services.
The Services are provided on an "as is" and "as available" basis, without any warranties of any kind. The Customer acknowledges that Cockpit ITSM SAS does not warrant that the Services will be secure, error-free or uninterrupted. The Customer acknowledges that Cockpit ITSM SAS shall not be liable for any incidents, damages or unavailabilities which are beyond its control: networks issues, hardware issues, operating system issues, software issues, viruses, malicious software. The Customer acknowledges that Cockpit ITSM SAS shall not be liable for any incidents, damages or unavailabilities due to improper use of the Services or to uncompliant use with the recommendations provided by Cockpit ITSM SAS. The Customer acknowledges that Cockpit ITSM SAS shall not be liable for any incidents, damages or unavailabilities due to "force majeure" or a decision of the authorities.
Cockpit ITSM SAS in no event will be liable to any person for any indirect, special, incidental, punitive or consequential damages (including, without limitation lost revenue, damages for lost profits, lost goodwill, lost sales, lost content, business interruption, loss of business opportunity) however caused, including, without limitation, breach of statutory duty, contract, tort, warranty, or otherwise, even if Cockpit ITSM SAS has been advised as to the possibility of such damages or could have foreseen such damages. In the event of compensation or penalty, Cockpit ITSM SAS's aggregate liability will be limited to an amount to one (1) month of the subscription charges for the Services.
The Customer may not assign all or any part of its rights under these Terms of Service or delegate performance of its duties under these Terms of Service without Cockpit ITSM SAS’s prior consent. In the event of a transfer of the Cockpit ITSM SAS' shares by acquisition, merger or absorption, the transfer of these Terms of Service shall be made to the new entity holding the Cockpit ITSM SAS' shares, without the prior consent of the Customer.
If any provision in these Terms of Service is held by a court of competent jurisdiction to be unenforceable, the remaining provisions of these Terms of Service will retain their full force and scope.
Cockpit ITSM SAS may amend these Terms of Service, in which case the new version will supersede prior versions. Cockpit ITSM SAS will notify the Customer not less than thirty (30) days prior to the effective date of any amendments to these Terms of Service. The Customer's continued use of the Services following the effective date of such amendment may be relied upon as the Customer's acceptance of such amendment.
Additional sections may supplement or modify these Terms of Service. The additional sections are specific and are the subject of an express agreement between Cockpit ITSM SAS and the Customer.
The contractors are independent entities. These Terms of Service do not create a partnership, franchise, joint venture or employment relationship among the contractors. Outside, each of the contractors remains solely responsible for its acts, allegations, commitments, benefits.
The sections "INTELLECTUAL PROPERTY", "DATA PRIVACY AND SECURITY", "SUSPENSION AND TERMINATION", "DISCLAIMER OF WARRANTIES, "SURVIVAL" and "GOVERNING LAW AND JURISDICTION" shall survive any termination or expiration of these Terms of Service for any reason whatsoever. Termination of these Terms of Service shall not limit the responsibilities of the contractors for the obligations incurred as of the termination or for any breach of these Terms of Service.
These Terms of Service are subject to the French law, to the exclusion of any other legislation. The reference Terms of Service are written in French and are available here. Only the French text will prevail in case of dispute. In the event of any dispute relating to the validity, performance or interpretation of these Terms of Service, express jurisdiction shall be attributed to the "Tribunal de Commerce de Paris", except in matters of intellectual property for which jurisdiction is attributed to the "Tribunal de Grande Instance de Paris".
When used in these Terms of Service with the initial letters capitalized, the terms defined below have the following meaning:
Account:
means the general account created by or on behalf of the Customer for access and use the Services.
The Customer, its Affiliates, its Users are all associated with this general account.
Affiliate:
means any employee, subsidiary, customer, provider, supplier and other third party authorized to use
the Services through the Account of the Customer.
Cockpit ITSM SAS:
means Cockpit ITSM corporation, simplified stock corporation (Société par Actions Simplifiée),
registered in France with the number 483113791, or any of its successors or assignees.
Cockpit IT Service Manager:
means the "all-in-one" portal, designed in line with ITIL recommendations, that offers the following
features depending on the selected Service Plan:
Self-service portal,
Incident management,
Problem management,
Request management,
Change management,
Release management,
Service Catalog,
SLA / OLA management,
Project management,
Task management,
Equipment management,
Software management,
License management,
Supplier management,
Contract management,
Knowledge base,
Electronic document management,
Password vault,
Logbook,
Maintenance schedules,
Hardware monitoring,
Network monitoring,
Software monitoring,
Metrics,
Reporting
Customer:
means a company, an organization or another legal entity which is trying the Services or which
subscribes to the Services through a Service Plan.
Distributable Components:
means the external components of Cockpit IT Service Manager, installed on the User's devises, that
are "Cockpit ITSM - Inventory", "Cockpit ITSM - Desktop", "Cockpit ITSM - Connector".
End-User:
means any person, customer, company or entity other than Operators with whom Operators interact
using the Services through the Account of the Customer.
Instance:
means an installation of Cockpit IT Service Manager (a single database replicated or not, one or
more portals).
An Instance can be installed on the Customer's IT environment ("ON PREMISE" Service Plans) or
delivered online ("CLOUD" Service Plans).
License Key:
means an encrypted file to be installed on a Cockpit IT Service Manager Instance that allows to
activate features and configure volumetric thresholds on this Instance.
Login:
means an individual, unique, authorized access to a Cockpit IT Service Manager Instance.
Each User shall be identified using a unique Login, this unique Login shall be used only by one
individual.
Mobile Applications:
means the external component of Cockpit IT Service Manager, installed on the User's mobile devises.
Monitoring Engine:
means the external component of Cockpit IT Service Manager, installed on the Customer's or
Affiliates IT environment, that allows the monitoring of equipments and applications.
Operator:
means an individual authorized to use the Cockpit IT Service Manager through a unique Login through
the Account of the Customer.
Personal Data:
means data relating to an individual who is or can be identified either from the data or from the
data in conjunction with other information.
Services:
means services described in the section "SERVICES PROVIDED BY COCKPIT ITSM SAS" of these Terms of
Service.
Service Data:
means all electronic data, text, messages or other materials filled in, collected by or submitted to
Cockpit IT Service Manager in connection with the use of the Cockpit IT Service Manager.
Service Plan:
means the pricing plan and the features and services associated therewith (DRONE, JET, ROCKET, as
detailed on https://www.cockpit-itsm.com/pricing) for which the Customer subscribes.
A distinction is made between "CLOUD" Service Plans and "ON PREMISE" Service Plans.
User:
means Operators, End-Users, Affiliates authorized to use the Services through the Account of the
Customer.