Costa Security Terms of Service

If you signed a separate Cover Page to access the Product with the same account, and that agreement has not ended, the terms below do not apply to you. Instead, your separate Cover Page applies to your use of the Product.

This Agreement is between Costa Security, Inc. and the company or person accessing or using the Product. This Agreement consists of: (1) the Order Form below and (2) the Framework Terms defined below.

If you are accessing or using the Product on behalf of your company, you represent that you are authorized to accept this Agreement on behalf of your company. By signing up, accessing, or using the Product, Customer indicates its acceptance of this Agreement and agrees to be bound by the terms and conditions of this Agreement.

Cover Page

Order Form

Framework Terms: This Order Form incorporates and is governed by the Framework Terms that are made up of the Key Terms below and the Common Paper Cloud Service Agreement Standard Terms Version 2.0, which are incorporated by reference. Any modifications to the Standard Terms made in the Cover Page will control over conflicts with the Standard Terms. Capitalized words have the meanings given in the Cover Page or the Standard Terms.

Cloud Service: A cloud-agnostic software-defined network and security platform designed to provide organizations with robust, scalable and highly secure environments for deploying and managing critical infrastructure.

Order Date: The Effective Date

Subscription Period: 1 year(s)

Fees are specified on a per-customer basis by separate agreement.

Payment Process:

Bill by invoice: Provider will invoice Customer monthly. Customer will pay each invoice within 2 week(s) from Customer's receipt of invoice.

Non-Renewal Notice Period: At least 30 days before the end of the current Subscription Period.

Key Terms

Customer: The company or person who accesses or uses the Product. If the person accepting this Agreement is doing so on behalf of a company, all use of the word "Customer" in the Agreement will mean that company.

Provider: Costa Security, Inc.

Effective Date: The date Customer first accepts this Agreement.

Governing Law: The laws of the State of Delaware

Chosen Courts: The state or federal courts located in Delaware

Covered Claims

Provider Covered Claims: Any action, proceeding, or claim that the Cloud Service, when used by Customer according to the terms of the Agreement, violates, misappropriates, or otherwise infringes upon anyone else’s intellectual property or other proprietary rights.

Customer Covered Claims: Any action, proceeding, or claim that (1) the Customer Content, when used according to the terms of the Agreement, violates, misappropriates, or otherwise infringes upon anyone else’s intellectual property or other proprietary rights; or (2) results from Customer’s breach or alleged breach of Section 2.1 (Restrictions on Customer).

General Cap Amount: The fees paid or payable by Customer to provider in the 12 month period immediately before the claim

Increased Claims: An Indemnifying Party's indemnification obligation, Breach of Section 10 (Confidentiality), Breach of Section 10 (Confidentiality) resulting from gross negligence or willful misconduct (however, excluding any data or security breaches), Breach of Section 3 (Privacy & Security) (however, excluding any data or security breaches), and Breach of Section 3 (Privacy & Security) resulting from gross negligence or willful misconduct

Increased Cap Amount:

5 times the fees paid or payable by Customer to provider in the 12 month period immediately before the claim

Unlimited Claims: An Indemnifying Party's indemnification obligation, Breach of Section 10 (Confidentiality) resulting from gross negligence or willful misconduct (however, excluding any data or security breaches), and Breach of Section 3 (Privacy & Security) resulting from gross negligence or willful misconduct

Notice Address:

For Provider: hi@costa.security

For Customer: The primary email address on Customer's account

Attachments and Supplements

Framework Terms: https://commonpaper.com/standards/cloud-service-agreement/2.0/

DPA: https://about.costa.security/dpa