Backup Procedures. Sesame Software will back up your Cloud data typically every two hours during business hours, or 24 hours per day if requested, unless pre-empted by maintenance windows. Any changed records will be maintained in a secondary backup so that we can recover any prior versions of any record. You will be provided a daily automated report of backup activity, showing record counts per object backed up within a 24-hour time frame. Sesame Software will perform an automated weekly audit using timestamp and record ID comparison to validate that the primary backup has a current copy of all data. Not all data can be backed up. Sesame Software will provide a list of objects that cannot be backed up due to limitations of the Cloud API.
Recovery Procedures. Sesame Software supports self-service recovery for some applications. If the application API supports recovery, Sesame Software will recover your Cloud data to the original application instance upon email and telephone notification that a data loss or data corruption has occurred – both are required to assure timeliness of our response and to officially log your request. You must provide a point of contact name, corporate email address, and telephone number to our designated data recovery staff, and be available for consultation by telephone prior to and during the recovery effort. We will write you an email confirming our understanding to which you will reply with your acceptance prior to any recovery. In order to prevent an unauthorized recovery attempt, this point of contact must be registered and known to us prior to any recovery event, and will use a corporate email account unless prior arrangements have been made. You will inform Sesame Software recovery staff of the type of data loss or data corruption that has occurred, when it happened, how you think it happened, and what specifically you want recovered. Sesame Software recovery staff will perform the actual recovery using current and historical images of every record since the first backup was taken. Not all Cloud data can be backed up, and not all Cloud data can be recovered due to specific limitations of the Cloud API, data integrity validation rules, or internal design or business rules of the Cloud application. Sesame Software recovery staff will use our best efforts to work with you in resolving any application integrity, business rules or data edits preventing a full recovery. Sesame Software will perform the recovery as soon as we understand and agree on the scope of the recovery, so your involvement and availability is important. The time is takes to perform the recovery is entirely dependent on the number of objects and the amount of data to recover, as well as any special considerations from above-mentioned application or data integrity rules in force by your Cloud application instance.
Data Center. Sesame Software will back up your Cloud data to Sesame Software’s infrastructure at an IBM Softlayer data center in the United States, unless you specifically request another region. Sesame Software reserves the right to change data center providers with 30 days notification to you, the Customer. You consent to the storage of your content in, and transfer of your content into, the regions you select. We will not access or use your content except as necessary to maintain or provide the service offerings, or as necessary to comply with the law or a binding order of a governmental body. We will not (a) disclose your content to any government or third party or (b) move your content from the regions selected by you; except in each case as necessary to comply with the law or a binding order of a governmental body. Unless it would violate the law or a binding order of a governmental body, we will give you notice of any legal requirement or order referred to in this Section.
Data Security Measures
Data Security Measures. We will implement reasonable and appropriate measures designed to secure your data backups against accidental or unlawful loss, access or disclosure. We will only use your account information as necessary to support the service offering, and you consent to such usage. We work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts all traffic between our servers and your application data. All your data are encrypted on our servers and as such is inaccessible to infrastructure or other contractors. Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense. It is important for you to protect against unauthorized access to your account and to your computer.
Security and Business Continuity
Security and Business Continuity. The security of your personal information is important to us. Sesame Software shall employ reasonable measures designed to: (a) ensure that all Sesame Software Backup Services are free from viruses, worms, Trojan horses, spyware, adware, and other malicious code; and (b) protect the security of the backed up data and Sesame Software Services. Sesame Software’s data security program will include reasonable administrative, physical and technical measures against the loss, unavailability, unauthorized access or alteration of Backedup Data in the possession or under the control of Sesame Software. However, no password-protected system of data storage and retrieval can be made entirely impenetrable and Customer acknowledges and accepts that despite the reasonable measures employed, the Sesame Software Services are not invulnerable to all security breaches or immune from viruses, security threats or other vulnerabilities.
Limitations of Liability
Limitations of Liability. To the fullest extent permitted by Law, except for any liability for Sesame Software’s or its affiliate’s fraud, fraudulent misrepresentation, or gross negligence, in no event will Sesame Software, its affiliates, suppliers or distributors be liable for: (A) any indirect, special, incidental, punitive, exemplary or consequential damages, or (B) any loss of use, data, business, or profits, regardless of legal theory. This will be regardless of whether or not Sesame Software or any of its affiliates has been warned of the possibility of such damages, and even if a remedy fails of its essential purpose. Additionally, Sesame Software, its affiliates, suppliers and distributors will not be liable for aggregate liability for all claims related to the services for more than the amounts paid by you to Sesame Software for the past 12 months of services in question. Some places don’t allow the types of limitations in this paragraph, so they may not apply to you.
Force Majeure. A delay by a Party in the performance of its obligations under this Agreement shall not be deemed a default of this Agreement to the extent that such delay is attributable to a Force Majeure Event and could not have been prevented or minimized by the non-performing Party by means of the exercise of reasonable precautions, or cannot reasonably be circumvented by the non-performing Party in a commercially reasonable manner, including through the use of alternate sources or work-around plans. Notwithstanding the foregoing, Licensor acknowledges and agrees that this Section shall not limit Licensor’s obligation to initiate and provide timely and effective disaster recovery for the Services described in this Agreement.
Assignment. Sesame Software will not assign or outsource the management of the Service to another organization, except as necessary to manage the server and network environment in the collocated environment. Sesame Software reserves the right to be acquired by another company or to sell the Service as a business, and will notify customers in any change of ownership within 30 days following a sale of the business unit or an acquisition.
Payment. The service is offered on a monthly, quarterly or annual fee basis. If paid monthly, customer will provide a credit card and Sesame will bill automatically against the credit card. If paid annually, payment will be in advance, with adjustments for any variance in per-user fees of more than 10% paid by credit card, wire transfer, electronic debit, or check within 30 days notification by Sesame of such overage. Customer may terminate the service at any time for any reason, but will not receive credit for the remainder of the current billing period.