The Graphical Networks netTerrain SaaS Services will achieve System Availability (as defined below) of at least 99.9% during each calendar year of the Subscription Term. All other SaaS Services will achieve System Availability (as defined below) of at least 99% during each calendar year of the Subscription Term. “System Availability” means the number of minutes in a year that the key components of the SaaS Services are operational as a percentage of the total number of minutes in such year, excluding downtime resulting from (a) scheduled maintenance, (b) events of Force Majeure in the SaaS Agreement), (c) malicious attacks on the system, (d) issues associated with the Client’s computing devices, local area networks or internet service provider connections, or (e) inability to deliver services because of acts or omissions of Client or any netTerrain user. Provider reserves the right to take the Service offline for scheduled maintenance for which Client has been provided reasonable notice and Provider reserves the right to change its maintenance window upon prior notice to Client.

If Provider fails to meet System Availability in the month or the year, upon written request by Client (within 30 days after the monthly or annual billing period in question), Provider will issue a credit in Client’s next invoice in an amount equal to 1% of the yearly fee for the affected SaaS Services for each 1% loss of System Availability below stated SLA per SaaS Service, up to a maximum of the Client’s fee for the affected SaaS Services. If the yearly fee has been paid in advance, then at Client’s election Provider shall provide a credit to Client to be used for additional services or term extension. The remedy stated in this paragraph is Client’s sole and exclusive remedy for interruption of SaaS Services and Provider’s failure to meet System Availability.

Graphical Networks’ netTerrain Cloud platform is a highly reliable and secure solution, built on the Amazon Web Services (AWS) platform. AWS is compliant with various industry-accepted security standards.
Our engineers utilize proven security technologies and techniques to protect netTerrain, its underlying systems and your data from intrusion and unauthorized access.
If you have any questions or need additional information, please email us at: support@graphicalnetworks.com.

1. Where is your Cloud Hosting located?
Graphical Networks utilizes the Amazon AWS cloud infrastructure, for its data storage and backups and shares several AWS standards and accreditations. Our virtualized servers run primarily in the United States, US East (N. Virginia). Please consult with us first, for access on a server outside of the United States.

Amazon AWS is certified by the following security compliance standards:
ISO 27001, 27017, 27018
FISMA
FIPS 140-2
PCI-DSS Level 1
EU Data Protection Directive (95/46/EG)

Reference: Amazon Security Bulletins

2. Who has access to my data?
Graphical Networks does not share customer data with third parties. Administrative access to customer data is not available to anybody outside of the group of administrators set up by your organization’s main admin account.

814 W. Diamond Ave. Suite 370 Gaithersburg, MD 20878 USA
Email: sales@graphicalnetworks.com
Website: www.graphicalnetworks.com
Tel: +1-240-912-6223

Graphical Networks’ access to the backend database is restricted to a very small number of closely managed Graphical Networks administrators. Access to production systems and data follows the security standard of Least Privilege.

3. How is my data protected?
All software maintenance and configuration activities are conducted by Graphical Networks employees. The same databases are never used to store data from different clients (tenants), which is the safest and most robust approach for a multi-tenant enterprise solution. Graphical Networks employs industry standard practices for security controls such as firewalls, intrusion detection, and change management.

• 3.1 Network Security
  • All traffic from and to our service is encrypted using the SSL/TLS protocol.
  • All systems are firewalled to a minimal number of access points.
• 3.2 Account Security
  • An account owner can access his separated account data by using his private password.
  • Passwords are stored hashed and salted.
  • Access to an account is logged, tracked, and audited.
  • All database “CRUD” operations are audited.
  • Account access can be restricted on a per role and per diagram basis
• 3.3 System Security
  • All operating systems are maintained according to best practices in the industry.
  • All recommended patch levels are applied.
  • All systems are constantly monitored.
• 3.4 Secure Data Storage
  • Data is stored on a virtualized server on Amazon AWS.

  814 W. Diamond Ave. Suite 370 Gaithersburg, MD 20878 USA
  Email: sales@graphicalnetworks.com
  Website: www.graphicalnetworks.com
  Tel: +1-240-912-6223

4. Graphical Networks Security Policies
Graphical Networks maintains, and annually updates, a general written Information Security & Access Policy, which details employee’s responsibilities toward confidentiality of client data and acceptable use of resources. All staff must review and sign this policy during on-boarding.

• 4.1 Segregation of Duties
  Only authorized personnel can administer systems or perform security management and operational functions. Authorization for and implementation of changes are segregated responsibilities wherever appropriate to the organization. Access to client data is restricted to legitimate business use only.
• 4.2 Employee Screening
  Graphical Networks employees are required to undergo background checks and provide specific documents verifying identity at the time of employment.
• 4.3 Terms of Employment
  General information security responsibilities are documented in Graphical Networks Information Security & Access Policy, which all employees must sign as part of their onboarding.
• 4.4 Training
  General information security training is provided to all new employees (both full time and temporary) as part of their onboarding. A compulsory annual security and privacy training requirement ensures employees refresh their knowledge and understanding. Additional security training is also provided to employees who handle client data.
• 4.4 Termination of Employment
  Graphical Networks manages a formal termination process, which includes removal of any potential access to Graphical Networks and related data.

  The exit interview reminds ex-employees of their remaining employment restriction and contractual obligations.

  814 W. Diamond Ave. Suite 370 Gaithersburg, MD 20878 USA
  Email: sales@graphicalnetworks.com
  Website: www.graphicalnetworks.com
  Tel: +1-240-912-6223

5. After my account expires, what happens to my data?

When your SaaS account expires, all associated data is deleted within 60 days.

Graphical Networks respects your confidentiality and any information you provide to Graphical Networks will never be sold, shared, or rented to other organizations for commercial purposes.

The following terms and conditions govern all use of the Graphical Networks netTerrain Software-as-a-Service (“Service”) and any assigned account (“Account”) used in connection with the Service and includes, but is not limited to, any new features or tools which are added to the current Service, or any related content, services, or products provided by Graphical Networks LLC (“Graphical Networks”).

The Service is owned and operated by Graphical Networks LLC Inc. and is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, the Graphical Networks Software Subscription Services (SaaS) Agreement) and procedures that may be published by Graphical Networks from time to time through the Graphical Networks website (netTerrain.com) or through any of the Graphical Networks subdomains (collectively, the “Site”) (collectively, the “Agreement”).

In this Agreement, our customers and any of their staff members whom are given access to their Graphical Networks Account are herein referred to as “Subscribers”, and our customers’ customers who use the Service (e.g. to login and manage network documentation) are referred to as “Customers”.

• Summary
  • A.Graphical Networks will not share your personal information with anyone except to comply with the law, develop our products, protect our rights, or if Graphical Networks is acquired by or merged with another company.
  • B.You retain all rights to your subscriber data
  • C.Graphical Networks never stores credit card data on our servers.

• Information Collection and Usage
  • Registration – When you sign up for Graphical Networks netTerrain Cloud, we will ask for information including your company name, address, billing address, e-mail address, and phone number. Our primary purpose in collecting this information is to provide you with a customized, efficient, and easy to use experience when using the Service.
  • Billing Information – Graphical Networks never stores any credit card information on behalf of Subscribers. For billing purposes pertaining to the service, Graphical Networks has partnered with fully PCI-compliant partners for processing and storing Subscriber credit cards.
  • Inquiries – When you submit an inquiry through the Site, either by completing our free trial form or under the Contact Us form, your contact information may be stored in our secure database.
  • Profile – We may collect and store information obtained through cookies, log files, and/or third parties (e.g. Google Analytics) to create a profile of our users. The purpose of such a profile is to better understand how users access and use the Service to provide offers and make improvements.
  • Data Storage – Graphical Networks uses third party vendors and hosting partners to provide the necessary server infrastructure, software, networking, storage, and related technology necessary to run the Service. Although Graphical Networks owns the code, databases, and all rights to the Graphical Networks application, you retain all rights to your Customer data.

• Communications from the Site
  • Special Offers and Updates – We may occasionally send you updates (i.e. newsletters) pertaining to the Service. Out of respect for privacy, you may opt out of these types of communications at any time.
  • Service Announcements – We may occasionally send you notices of scheduled downtime or service upgrades. These communications will not be promotional in nature, and are strictly for informational purposes.
  • Customer Service – We communicate with users of the Service on a regular basis to respond to requests, inquire about experiences with the Service, and provide support.

• Disclosure
  • Legal Disclaimer – Graphical Networks may disclose personally identifiable information under special circumstances, such as when required by law or when your actions violate our Software Subscription Services (SaaS) Agreement.
  • Business transitions – In the event Graphical Networks goes through a business transition, such as a merger or acquisition with or by another company, your information will, in most cases, be transferred to the new company.
  • Security – Graphical Networks takes every precaution to protect Subscribers’ information. When users submit sensitive information via netTerrain.com, or through the Service, their information is protected via industry-standard SSL encryption. We also do everything in our power to protect user-information offline.

• Cookies
  • A.A cookie is a small amount of data that is sent from the Site to your browser and stored on your computer’s hard drive. Cookies are used to maintain sessions on the Site (e.g. login status) and are required to use the Service.
  • B.We do not use permanent cookies. Session information is always given an expiration date and time, which may mean you will be required to log in to your Account after a certain period of time has elapsed to protect you and other Account data from unauthorized users.

• Questions or Comments
  • Should you have any questions or comments regarding this agreement, please contact Graphical Networks using the information below:

    Graphical Networks LLC
    814 W. Diamond Ave. Suite 370
    Gaithersburg, MD 20878
    USA
    T: 240-745-5824

This Software Subscription Service (SaaS) Agreement (the “Agreement”) sets forth the obligations and conditions between you (“Client”) and Graphical Networks LLC, a Maryland limited liability company (“Provider”), relating to your use of the Serviced defined herein. Please read this Agreement carefully. Your use of the Services is expressly conditioned on your acceptance of this Agreement.

BY CLICKING THE “I AGREE” ICON BELOW, AND/OR BY USING THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ANY TERM OF THIS AGREEMENT, DO NOT USE THE SERVICES AND EXIT IMMEDIATELY BY CLICKING “I DO NOT AGREE” ICON BELOW.

• A. Provider is the owner of certain proprietary computer software known as netTerrain that is used for network documentation (the “Software”).
• B. Provider provides and sells subscriptions for subscribers to access and use the Software via netTerrain.com (the “Services”) or any other applicable website.
• C. Client desires to use the Services for Client’s internal business purposes (“Authorized Users”), pursuant to the terms and conditions set forth herein.
• D. Provider is willing to provide access to the Services for Client’s internal business use pursuant to the terms and conditions set forth herein.
• E. Provider and Client acknowledge and agree that this Agreement shall be effective and in force immediately upon the date that Client clicks the “I Agree” icon below (the “Effective Date”)

NOW THEREFORE, in consideration for the mutual promises contained herein and other good and valuable consideration, the parties agree as follows:

• Software Subscription
  • A.Provider grants to Client and Client accepts from Provider, a limited, non-exclusive, non-transferable right to access and use and permit Authorized Users to access and use the Services solely for Client’s internal business use. The Services shall not be used by Client or by Authorized Users for, or on behalf of, third parties that are not authorized under this Agreement. Client shall use its best efforts to ensure that the Authorized Users use the Services in accordance with the terms and conditions of this Agreement. Client acknowledges that its right to use the Services will be web-based only pursuant to the terms of this Agreement and the Software will not be installed on any servers or other computer equipment owned or controlled by Client or otherwise provided to Client.
  • B.The use of the Services by Client or any Authorized User pursuant to this Agreement shall be subject to any end user agreement, terms of use, and/or privacy policy applicable to netTerrain.com or any other applicable website used to access the Services
• Intellectual Property Rights.
  • A.Client acknowledges that all right, title, and interest in and to the Services and the Software, together with its codes, sequences, derivative works, organization, structure, interfaces, any documentation, data, trade names, trademarks, or other related materials (collectively, the “Provider IP”), is, and at all times shall remain, the sole and exclusive property of Provider. The Provider IP contains trade secrets and proprietary information owned by Provider and is protected by United States copyright laws (and other laws relating to intellectual property). Except the right to use the Services, as expressly provided herein, this Agreement does not grant to Client any rights to, or in, patents, copyrights, database rights, trade secrets, trade names, trademarks (whether registered or unregistered) or any other rights or licenses with respect to the Services or the Software.
  • B.Client shall not attempt, or directly or indirectly allow any Authorized User or other third party to attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, reverse compile, disassemble, reverse engineer, download, transmit or distribute all or any portion of the Services and/or Software in any form or media or by any means.
  • C.The provisions of this paragraph 2 shall survive termination of this Agreement.
• Services Data Ownership.
  • A. Copyright – Provider claims no copyright or intellectual property over the Content the Client provide to the Services. Content the Client upload to the Services remains to the Client. However, by setting any content to be publicly available, Client agrees to allow others to view and share Client Content.
  • Subscriber Data – Subscriber data, pertaining to documentation or any derivatives thereof stored in the Services (the “Subscriber Data”) shall be and remain the sole and exclusive property of Client. Provider provides a license to Subscriber Data hereunder for the sole and exclusive purpose of providing the Services, including a license to store, record, transmit, maintain, and display Client Data as necessary for the provisioning of the Services.
  • B. Access to Subscriber Data – Provider does not have direct access to Client account data, except when granted permission for the purposes of technical support, demonstrations, etc.
  • C. Security of Subscriber Data – netTerrain.com is built as a multi-tenant, Software-as-a-Service platform. Individual subscriber data is secured at a very high level between subscribers.
• Subscription Fee.
  • A. Client shall pay to Provider the subscription fee (the “Subscription Fee”) in the amount and for the duration that Client has entered and agreed to pursuant to the sign up page for this Agreement.
  • B. The Subscription Fee for the first Subscription Period (either month or year, as applicable) of the term of this Agreement shall be paid on the Effective Date. The Subscription Fee for all subsequent Subscription Periods shall be paid prior to each subsequent Subscription Renewal Period, pursuant to subsection D, below.
  • C. The amount of the Subscription Fee does not include any applicable taxes. Client is responsible for any and all applicable taxes.
  • D. Client shall provide a valid credit card account information authorized for automatic bill paying and shall take all necessary steps to authorize automatic payment of the Subscription Fee. By agreeing to this Agreement, Client hereby authorizes Provider to automatically charge said method of payment for all Subscription Periods during the term of this Agreement. If, for any reason, automatic payment shall be denied, then Client shall pay the applicable Subscription Fee, together with a $50.00 late fee, to Provider within five (5) days of notice from Provider.
  • E. Any additional payment terms between Provider and Client shall be agreed to in writing and set forth in an invoice, billing agreement, or other written document.
  • F. Currency billing for the Service is in US Dollars (USD).
• Accessibility/Performance.
  • Provider shall use commercially reasonable efforts to make the Services available on a 24×7 basis (twenty –four hours per day, seven days per week) during the Term, except for: (i)scheduled system back-up or other on-going maintenance as required and scheduled in advance by Provider, or (ii) for any unforeseen cause beyond Provider’s reasonable control, including but not limited to internet service provider or communications network failures, denial of service attacks or similar attacks, or any force majure events set forth in this Agreement. Provider will monitor performance indicators on the systems and network infrastructure (its own and that of third party suppliers) in order to gauge the overall performance of its hosting services, and will take reasonable steps to address systems and network infrastructure as required to maintain satisfactory performance of the Software. Provider further reserves the right to monitor and reasonably restrict Client’s ability to use the Services if Client is using excessive computing resources which are impacting the performance of the Services for other subscribers. Provider agrees to notify Client in cases where it restricts such use and use good faith efforts to determine an appropriate alternative or work-around solution.

• Maintenance and Support.
  • Provider shall maintain the Software and/or Services and provide all patches and fixes to the Software and/or Services at no additional cost. Provided, however, said maintenance shall not include additional functionality, or custom programming, which Provider, at its discretion, may provide at an additional cost as otherwise agreed between the parties.

    Services will be provided during the Subscription Period, from 9:00 a.m. through 5:00 p.m. Eastern Standard Time by email, telephone or the web, Monday through Friday, exclusive of Graphical Networks holidays, which is subject to change in Graphical Networks sole discretion with 30 days’ notice.

• Term.
  • The Term of this Agreement shall commence on the Effective Date and shall continue until terminated as provided herein. Client shall elect whether the term will consist of monthly periods (each a “Subscription Period”). The Agreement shall automatically renew for subsequent Subscription Periods unless either party provides written notice of its election (support@graphicalnetworks.com) not to renew this Agreement at least fifteen (15) days prior to end of the then-current Subscription Period or otherwise terminates this Agreement pursuant to the terms of this Agreement. Upon termination of this Agreement for any reason, all rights and subscriptions granted to Client shall immediately terminate, and the Client shall cease using the Services and shall prohibit Authorized Users from using the Services.

    Sorry, Provider does not offer refunds. Client will have service active for the remainder of the Subscription Period.

• Default.
  • Client shall be in default of this Agreement if Client fails to make any payment when due and fails to cure said default within five (5) days after receipt of written notice thereof from Provider. In addition to the monetary breach described in the previous sentence, either party will be in default of this Agreement if the party is in material breach of this Agreement and fails to cure such breach within fifteen (15) days after receipt of written notice thereof from the non-breaching party. If a party is in default, the non-breaching party may terminate his Agreement or seek any other remedies available at law or in equity, except as otherwise provided in this Agreement. In the event Client breaches or attempts to breach any of the provisions of this Agreement, Provider shall have the right, in addition to such other remedies that may be available, to injunctive relief enjoining such breach or attempt to breach, Client hereby acknowledging the inadequacy of any remedy at law.
• Confidentiality.
  • A. In addition to, and in no way limiting the requirements relating to the Provider IP as set forth in Section 2 of this Agreement, Client shall use its reasonable efforts (but in no case less than the efforts used to protects its own proprietary information of a similar nature) to protect all proprietary, confidential, and/or non-public information pertaining to or in any way connected to the Software, the Services, the Provider’s financial, professional and/or other business affairs, and this Agreement (the “Confidential Information”).
  • B. Client shall not disclose or publicize the Confidential Information without the Provider’s prior written consent.
  • C. Client shall use their reasonable efforts (but in no case less than the efforts used to protect its own proprietary information of a similar nature) not to disclose and not to use the Confidential Information for their own benefit or for the benefit of any other person, third-party, firm or corporation in a manner inconsistent with the purpose of this Agreement.
  • D. The terms of confidentiality and non-disclosure contained herein shall expire five (5) years from the date of the termination of this Agreement.
  • The restrictions on disclosure shall not apply to information which was: (i) generally available to the public at the time of disclosure, or later available to the public other than through fault of the Client; (ii) already known to the Client prior to disclosure pursuant to this Agreement; (iii) obtained at any time lawfully from a third-party under circumstances permitting its use or disclosure to others; or (iv) required by law or court order to be disclosed.
• Limited Warranty.
  • Provider warrants that it has the power and authority to grant the subscription for the Services granted to Client hereunder. EXCEPT FOR THE WARRANTY SET FORTH HEREIN, THE SERVICES ARE PROVIDED “AS IS,” AND PROVIDER DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABLITY OR FITNESS FOR A PARTICULAR PURPOSE.
• Limitation of Remedy and Liability.
  • Client represents that it accepts sole and complete responsibility for: (a) the selection of the Services to achieve Client’s intended results; (b) use of the Services; (c) the results obtained from Services; and (d) the terms of any contracts between Client and Authorized Users. Provider does not warrant that the Client’s use of the Services will be uninterrupted or error-free. Client shall not assert any claims against Provider based upon theories of negligence, gross negligence, strict liability, fraud, or misrepresentation, and Client shall defend Provider from any demand or claim, and indemnify and hold Provider harmless from any and all losses, costs, expenses, or damages, including reasonable attorneys’ fees, directly or indirectly resulting from Client’s use of the Services, an Authorized User’s use of the Services, and/or any agreement between the Client and an Authorize User based on or in any way related to the Services. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PROVIDER BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED UPON CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In any event, under no circumstances shall Provider be liable for any loss, costs, expenses, or damages to Client in an amount exceeding the Subscription Fee actually paid to Provider by Client for the previous twelve (12) months.
• Miscellaneous.
  • A. Notice and Demands. Notice, demand, or other communication mandated to be given by this Agreement by either party to the other shall be sufficiently given or delivered if it is sent by registered or certified mail, postage prepaid, return receipt requested or delivered personally. Unless Provider is otherwise notified in writing, the Client’s address for notice purposes shall be Client’s address provided as part of Client’s billing information.
  • B. Governing Law; Forum Selection. This Agreement shall be governed exclusively by the laws of the State of Maryland, without regard to its conflicts of laws principles. Any action under or concerning this Agreement shall be brought exclusively in the District Court of Montgomery County, Maryland. The parties irrevocably agree and consent that said forum is convenient and has jurisdiction to hear and decide any such action.
  • C. Compliance with Laws. Client shall use the Services in accordance with any and all applicable local, state, and federal laws.
  • D. Headings. The paragraph headings in this Agreement are for convenience only and they form no part of the Agreement and shall not affect the interpretation thereof.
  • E. Severability. If any provision of this Agreement shall be held illegal, void, or unenforceable, the remaining portions shall remain in full force and effect.
  • F. No Waiver. The delay or failure of either party to exercise any right under this Agreement or to take action against the other party in the event of any breach of this Agreement shall constitute a waiver of such right, or any other right, or of such breach, or any future breaches, under this Agreement.
  • G. Assignment. Client shall not assign or transfer this Agreement.
  • H. No Partnership or Agency. Nothing in this Agreement is intended to or shall operate to create a partnership between the parties, or authorize either party to act as an agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise bind the other in any way.
  • I. Force Majeure. Provider will not be held responsible for any delay or failure in performance of any part of this Agreement to the extent that such delay is caused by events or circumstances beyond the Provider’s reasonable control, including but not limited to fire, flood, storm, act of God, war, malicious damage, failure of a utility service or transport or telecommunications network.
  • J. Complete Agreement. This Agreement constitutes the entire agreement between the parties with respect to the Services, and supersedes any and all prior or contemporaneous understandings or agreements whether written or oral. No amendment or modification of this Agreement will be binding unless reduced to a writing signed by duly authorized representatives of the parties and such writing makes specific reference to this Agreement and its intention as an amendment hereto.

BY CLICKING “I AGREE” AND/OR BY USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTOOD IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT THIS AGREEMENT SHALL BE SUPERIOR TO, AND SUPERCEDE ANY CONFLICTING OR INCONSISTENT TERMS CONTAINED IN ANY PURCHASE ORDERS, OTHER DOCUMENTS PROVIDED TO THE COMPANY BY YOU, OTHER DOCUMENTS PROVIDED TO YOU BY THE COMPANY, OR AGREEMENTS PREVIOUSLY ENTERED INTO BY THE PARTIES. IF YOU DO NOT AGREE TO THE TERM OF THIS AGREEMENT, DO NOT INSTALL OR USE THE SOFTWARE APPLICATION AND/OR THE DATA, AND EXIT NOW BY CLICKING ON THE “I DO NOT AGREE” ICON BELOW.

The Graphical Networks netTerrain SaaS Services will achieve System Availability (as defined below) of at least 99.9% during each calendar year of the Subscription Term. All other SaaS Services will achieve System Availability (as defined below) of at least 99% during each calendar year of the Subscription Term. “System Availability” means the number of minutes in a year that the key components of the SaaS Services are operational as a percentage of the total number of minutes in such year, excluding downtime resulting from (a) scheduled maintenance, (b) events of Force Majeure in the SaaS Agreement), (c) malicious attacks on the system, (d) issues associated with the Client’s computing devices, local area networks or internet service provider connections, or (e) inability to deliver services because of acts or omissions of Client or any netTerrain user. Provider reserves the right to take the Service offline for scheduled maintenance for which Client has been provided reasonable notice and Provider reserves the right to change its maintenance window upon prior notice to Client.

If Provider fails to meet System Availability in the month or the year, upon written request by Client (within 30 days after the monthly or annual billing period in question), Provider will issue a credit in Client’s next invoice in an amount equal to 1% of the yearly fee for the affected SaaS Services for each 1% loss of System Availability below stated SLA per SaaS Service, up to a maximum of the Client’s fee for the affected SaaS Services. If the yearly fee has been paid in advance, then at Client’s election Provider shall provide a credit to Client to be used for additional services or term extension. The remedy stated in this paragraph is Client’s sole and exclusive remedy for interruption of SaaS Services and Provider’s failure to meet System Availability.

Graphical Networks’ netTerrain Cloud platform is a highly reliable and secure solution, built on the Amazon Web Services (AWS) platform. AWS is compliant with various industry-accepted security standards.
Our engineers utilize proven security technologies and techniques to protect netTerrain, its underlying systems and your data from intrusion and unauthorized access.
If you have any questions or need additional information, please email us at: support@graphicalnetworks.com.

1. Where is your Cloud Hosting located?
Graphical Networks utilizes the Amazon AWS cloud infrastructure, for its data storage and backups and shares several AWS standards and accreditations. Our virtualized servers run primarily in the United States, US East (N. Virginia). Please consult with us first, for access on a server outside of the United States.

Amazon AWS is certified by the following security compliance standards:
ISO 27001, 27017, 27018
FISMA
FIPS 140-2
PCI-DSS Level 1
EU Data Protection Directive (95/46/EG)

Reference: Amazon Security Bulletins

2. Who has access to my data?
Graphical Networks does not share customer data with third parties. Administrative access to customer data is not available to anybody outside of the group of administrators set up by your organization’s main admin account.

814 W. Diamond Ave. Suite 370 Gaithersburg, MD 20878 USA
Email: sales@graphicalnetworks.com
Website: www.graphicalnetworks.com
Tel: +1-240-912-6223

Graphical Networks’ access to the backend database is restricted to a very small number of closely managed Graphical Networks administrators. Access to production systems and data follows the security standard of Least Privilege.

3. How is my data protected?
All software maintenance and configuration activities are conducted by Graphical Networks employees. The same databases are never used to store data from different clients (tenants), which is the safest and most robust approach for a multi-tenant enterprise solution. Graphical Networks employs industry standard practices for security controls such as firewalls, intrusion detection, and change management.

• 3.1 Network Security
  • All traffic from and to our service is encrypted using the SSL/TLS protocol.
  • All systems are firewalled to a minimal number of access points.
• 3.2 Account Security
  • An account owner can access his separated account data by using his private password.
  • Passwords are stored hashed and salted.
  • Access to an account is logged, tracked, and audited.
  • All database “CRUD” operations are audited.
  • Account access can be restricted on a per role and per diagram basis
• 3.3 System Security
  • All operating systems are maintained according to best practices in the industry.
  • All recommended patch levels are applied.
  • All systems are constantly monitored.
• 3.4 Secure Data Storage
  • Data is stored on a virtualized server on Amazon AWS.

  814 W. Diamond Ave. Suite 370 Gaithersburg, MD 20878 USA
  Email: sales@graphicalnetworks.com
  Website: www.graphicalnetworks.com
  Tel: +1-240-912-6223

4. Graphical Networks Security Policies
Graphical Networks maintains, and annually updates, a general written Information Security & Access Policy, which details employee’s responsibilities toward confidentiality of client data and acceptable use of resources. All staff must review and sign this policy during on-boarding.

• 4.1 Segregation of Duties
  Only authorized personnel can administer systems or perform security management and operational functions. Authorization for and implementation of changes are segregated responsibilities wherever appropriate to the organization. Access to client data is restricted to legitimate business use only.
• 4.2 Employee Screening
  Graphical Networks employees are required to undergo background checks and provide specific documents verifying identity at the time of employment.
• 4.3 Terms of Employment
  General information security responsibilities are documented in Graphical Networks Information Security & Access Policy, which all employees must sign as part of their onboarding.
• 4.4 Training
  General information security training is provided to all new employees (both full time and temporary) as part of their onboarding. A compulsory annual security and privacy training requirement ensures employees refresh their knowledge and understanding. Additional security training is also provided to employees who handle client data.
• 4.4 Termination of Employment
  Graphical Networks manages a formal termination process, which includes removal of any potential access to Graphical Networks and related data.

  The exit interview reminds ex-employees of their remaining employment restriction and contractual obligations.

  814 W. Diamond Ave. Suite 370 Gaithersburg, MD 20878 USA
  Email: sales@graphicalnetworks.com
  Website: www.graphicalnetworks.com
  Tel: +1-240-912-6223

5. After my account expires, what happens to my data?

When your SaaS account expires, all associated data is deleted within 60 days.

Graphical Networks respects your confidentiality and any information you provide to Graphical Networks will never be sold, shared, or rented to other organizations for commercial purposes.

The following terms and conditions govern all use of the Graphical Networks netTerrain Software-as-a-Service (“Service”) and any assigned account (“Account”) used in connection with the Service and includes, but is not limited to, any new features or tools which are added to the current Service, or any related content, services, or products provided by Graphical Networks LLC (“Graphical Networks”).

The Service is owned and operated by Graphical Networks LLC Inc. and is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, the Graphical Networks Software Subscription Services (SaaS) Agreement) and procedures that may be published by Graphical Networks from time to time through the Graphical Networks website (netTerrain.com) or through any of the Graphical Networks subdomains (collectively, the “Site”) (collectively, the “Agreement”).

In this Agreement, our customers and any of their staff members whom are given access to their Graphical Networks Account are herein referred to as “Subscribers”, and our customers’ customers who use the Service (e.g. to login and manage network documentation) are referred to as “Customers”.

• Summary
  • A.Graphical Networks will not share your personal information with anyone except to comply with the law, develop our products, protect our rights, or if Graphical Networks is acquired by or merged with another company.
  • B.You retain all rights to your subscriber data
  • C.Graphical Networks never stores credit card data on our servers.

• Information Collection and Usage
  • Registration – When you sign up for Graphical Networks netTerrain Cloud, we will ask for information including your company name, address, billing address, e-mail address, and phone number. Our primary purpose in collecting this information is to provide you with a customized, efficient, and easy to use experience when using the Service.
  • Billing Information – Graphical Networks never stores any credit card information on behalf of Subscribers. For billing purposes pertaining to the service, Graphical Networks has partnered with fully PCI-compliant partners for processing and storing Subscriber credit cards.
  • Inquiries – When you submit an inquiry through the Site, either by completing our free trial form or under the Contact Us form, your contact information may be stored in our secure database.
  • Profile – We may collect and store information obtained through cookies, log files, and/or third parties (e.g. Google Analytics) to create a profile of our users. The purpose of such a profile is to better understand how users access and use the Service to provide offers and make improvements.
  • Data Storage – Graphical Networks uses third party vendors and hosting partners to provide the necessary server infrastructure, software, networking, storage, and related technology necessary to run the Service. Although Graphical Networks owns the code, databases, and all rights to the Graphical Networks application, you retain all rights to your Customer data.

• Communications from the Site
  • Special Offers and Updates – We may occasionally send you updates (i.e. newsletters) pertaining to the Service. Out of respect for privacy, you may opt out of these types of communications at any time.
  • Service Announcements – We may occasionally send you notices of scheduled downtime or service upgrades. These communications will not be promotional in nature, and are strictly for informational purposes.
  • Customer Service – We communicate with users of the Service on a regular basis to respond to requests, inquire about experiences with the Service, and provide support.

• Disclosure
  • Legal Disclaimer – Graphical Networks may disclose personally identifiable information under special circumstances, such as when required by law or when your actions violate our Software Subscription Services (SaaS) Agreement.
  • Business transitions – In the event Graphical Networks goes through a business transition, such as a merger or acquisition with or by another company, your information will, in most cases, be transferred to the new company.
  • Security – Graphical Networks takes every precaution to protect Subscribers’ information. When users submit sensitive information via netTerrain.com, or through the Service, their information is protected via industry-standard SSL encryption. We also do everything in our power to protect user-information offline.

• Cookies
  • A.A cookie is a small amount of data that is sent from the Site to your browser and stored on your computer’s hard drive. Cookies are used to maintain sessions on the Site (e.g. login status) and are required to use the Service.
  • B.We do not use permanent cookies. Session information is always given an expiration date and time, which may mean you will be required to log in to your Account after a certain period of time has elapsed to protect you and other Account data from unauthorized users.

• Questions or Comments
  • Should you have any questions or comments regarding this agreement, please contact Graphical Networks using the information below:

    Graphical Networks LLC
    814 W. Diamond Ave. Suite 370
    Gaithersburg, MD 20878
    USA
    T: 240-745-5824

This Software Subscription Service (SaaS) Agreement (the “Agreement”) sets forth the obligations and conditions between you (“Client”) and Graphical Networks LLC, a Maryland limited liability company (“Provider”), relating to your use of the Serviced defined herein. Please read this Agreement carefully. Your use of the Services is expressly conditioned on your acceptance of this Agreement.

BY CLICKING THE “I AGREE” ICON BELOW, AND/OR BY USING THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ANY TERM OF THIS AGREEMENT, DO NOT USE THE SERVICES AND EXIT IMMEDIATELY BY CLICKING “I DO NOT AGREE” ICON BELOW.

• A. Provider is the owner of certain proprietary computer software known as netTerrain that is used for network documentation (the “Software”).
• B. Provider provides and sells subscriptions for subscribers to access and use the Software via netTerrain.com (the “Services”) or any other applicable website.
• C. Client desires to use the Services for Client’s internal business purposes (“Authorized Users”), pursuant to the terms and conditions set forth herein.
• D. Provider is willing to provide access to the Services for Client’s internal business use pursuant to the terms and conditions set forth herein.
• E. Provider and Client acknowledge and agree that this Agreement shall be effective and in force immediately upon the date that Client clicks the “I Agree” icon below (the “Effective Date”)

NOW THEREFORE, in consideration for the mutual promises contained herein and other good and valuable consideration, the parties agree as follows:

• Software Subscription
  • A.Provider grants to Client and Client accepts from Provider, a limited, non-exclusive, non-transferable right to access and use and permit Authorized Users to access and use the Services solely for Client’s internal business use. The Services shall not be used by Client or by Authorized Users for, or on behalf of, third parties that are not authorized under this Agreement. Client shall use its best efforts to ensure that the Authorized Users use the Services in accordance with the terms and conditions of this Agreement. Client acknowledges that its right to use the Services will be web-based only pursuant to the terms of this Agreement and the Software will not be installed on any servers or other computer equipment owned or controlled by Client or otherwise provided to Client.
  • B.The use of the Services by Client or any Authorized User pursuant to this Agreement shall be subject to any end user agreement, terms of use, and/or privacy policy applicable to netTerrain.com or any other applicable website used to access the Services
• Intellectual Property Rights.
  • A.Client acknowledges that all right, title, and interest in and to the Services and the Software, together with its codes, sequences, derivative works, organization, structure, interfaces, any documentation, data, trade names, trademarks, or other related materials (collectively, the “Provider IP”), is, and at all times shall remain, the sole and exclusive property of Provider. The Provider IP contains trade secrets and proprietary information owned by Provider and is protected by United States copyright laws (and other laws relating to intellectual property). Except the right to use the Services, as expressly provided herein, this Agreement does not grant to Client any rights to, or in, patents, copyrights, database rights, trade secrets, trade names, trademarks (whether registered or unregistered) or any other rights or licenses with respect to the Services or the Software.
  • B.Client shall not attempt, or directly or indirectly allow any Authorized User or other third party to attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, reverse compile, disassemble, reverse engineer, download, transmit or distribute all or any portion of the Services and/or Software in any form or media or by any means.
  • C.The provisions of this paragraph 2 shall survive termination of this Agreement.
• Services Data Ownership.
  • A. Copyright – Provider claims no copyright or intellectual property over the Content the Client provide to the Services. Content the Client upload to the Services remains to the Client. However, by setting any content to be publicly available, Client agrees to allow others to view and share Client Content.
  • Subscriber Data – Subscriber data, pertaining to documentation or any derivatives thereof stored in the Services (the “Subscriber Data”) shall be and remain the sole and exclusive property of Client. Provider provides a license to Subscriber Data hereunder for the sole and exclusive purpose of providing the Services, including a license to store, record, transmit, maintain, and display Client Data as necessary for the provisioning of the Services.
  • B. Access to Subscriber Data – Provider does not have direct access to Client account data, except when granted permission for the purposes of technical support, demonstrations, etc.
  • C. Security of Subscriber Data – netTerrain.com is built as a multi-tenant, Software-as-a-Service platform. Individual subscriber data is secured at a very high level between subscribers.
• Subscription Fee.
  • A. Client shall pay to Provider the subscription fee (the “Subscription Fee”) in the amount and for the duration that Client has entered and agreed to pursuant to the sign up page for this Agreement.
  • B. The Subscription Fee for the first Subscription Period (either month or year, as applicable) of the term of this Agreement shall be paid on the Effective Date. The Subscription Fee for all subsequent Subscription Periods shall be paid prior to each subsequent Subscription Renewal Period, pursuant to subsection D, below.
  • C. The amount of the Subscription Fee does not include any applicable taxes. Client is responsible for any and all applicable taxes.
  • D. Client shall provide a valid credit card account information authorized for automatic bill paying and shall take all necessary steps to authorize automatic payment of the Subscription Fee. By agreeing to this Agreement, Client hereby authorizes Provider to automatically charge said method of payment for all Subscription Periods during the term of this Agreement. If, for any reason, automatic payment shall be denied, then Client shall pay the applicable Subscription Fee, together with a $50.00 late fee, to Provider within five (5) days of notice from Provider.
  • E. Any additional payment terms between Provider and Client shall be agreed to in writing and set forth in an invoice, billing agreement, or other written document.
  • F. Currency billing for the Service is in US Dollars (USD).
• Accessibility/Performance.
  • Provider shall use commercially reasonable efforts to make the Services available on a 24×7 basis (twenty –four hours per day, seven days per week) during the Term, except for: (i)scheduled system back-up or other on-going maintenance as required and scheduled in advance by Provider, or (ii) for any unforeseen cause beyond Provider’s reasonable control, including but not limited to internet service provider or communications network failures, denial of service attacks or similar attacks, or any force majure events set forth in this Agreement. Provider will monitor performance indicators on the systems and network infrastructure (its own and that of third party suppliers) in order to gauge the overall performance of its hosting services, and will take reasonable steps to address systems and network infrastructure as required to maintain satisfactory performance of the Software. Provider further reserves the right to monitor and reasonably restrict Client’s ability to use the Services if Client is using excessive computing resources which are impacting the performance of the Services for other subscribers. Provider agrees to notify Client in cases where it restricts such use and use good faith efforts to determine an appropriate alternative or work-around solution.

• Maintenance and Support.
  • Provider shall maintain the Software and/or Services and provide all patches and fixes to the Software and/or Services at no additional cost. Provided, however, said maintenance shall not include additional functionality, or custom programming, which Provider, at its discretion, may provide at an additional cost as otherwise agreed between the parties.

    Services will be provided during the Subscription Period, from 9:00 a.m. through 5:00 p.m. Eastern Standard Time by email, telephone or the web, Monday through Friday, exclusive of Graphical Networks holidays, which is subject to change in Graphical Networks sole discretion with 30 days’ notice.

• Term.
  • The Term of this Agreement shall commence on the Effective Date and shall continue until terminated as provided herein. Client shall elect whether the term will consist of monthly periods (each a “Subscription Period”). The Agreement shall automatically renew for subsequent Subscription Periods unless either party provides written notice of its election (support@graphicalnetworks.com) not to renew this Agreement at least fifteen (15) days prior to end of the then-current Subscription Period or otherwise terminates this Agreement pursuant to the terms of this Agreement. Upon termination of this Agreement for any reason, all rights and subscriptions granted to Client shall immediately terminate, and the Client shall cease using the Services and shall prohibit Authorized Users from using the Services.

    Sorry, Provider does not offer refunds. Client will have service active for the remainder of the Subscription Period.

• Default.
  • Client shall be in default of this Agreement if Client fails to make any payment when due and fails to cure said default within five (5) days after receipt of written notice thereof from Provider. In addition to the monetary breach described in the previous sentence, either party will be in default of this Agreement if the party is in material breach of this Agreement and fails to cure such breach within fifteen (15) days after receipt of written notice thereof from the non-breaching party. If a party is in default, the non-breaching party may terminate his Agreement or seek any other remedies available at law or in equity, except as otherwise provided in this Agreement. In the event Client breaches or attempts to breach any of the provisions of this Agreement, Provider shall have the right, in addition to such other remedies that may be available, to injunctive relief enjoining such breach or attempt to breach, Client hereby acknowledging the inadequacy of any remedy at law.
• Confidentiality.
  • A. In addition to, and in no way limiting the requirements relating to the Provider IP as set forth in Section 2 of this Agreement, Client shall use its reasonable efforts (but in no case less than the efforts used to protects its own proprietary information of a similar nature) to protect all proprietary, confidential, and/or non-public information pertaining to or in any way connected to the Software, the Services, the Provider’s financial, professional and/or other business affairs, and this Agreement (the “Confidential Information”).
  • B. Client shall not disclose or publicize the Confidential Information without the Provider’s prior written consent.
  • C. Client shall use their reasonable efforts (but in no case less than the efforts used to protect its own proprietary information of a similar nature) not to disclose and not to use the Confidential Information for their own benefit or for the benefit of any other person, third-party, firm or corporation in a manner inconsistent with the purpose of this Agreement.
  • D. The terms of confidentiality and non-disclosure contained herein shall expire five (5) years from the date of the termination of this Agreement.
  • The restrictions on disclosure shall not apply to information which was: (i) generally available to the public at the time of disclosure, or later available to the public other than through fault of the Client; (ii) already known to the Client prior to disclosure pursuant to this Agreement; (iii) obtained at any time lawfully from a third-party under circumstances permitting its use or disclosure to others; or (iv) required by law or court order to be disclosed.
• Limited Warranty.
  • Provider warrants that it has the power and authority to grant the subscription for the Services granted to Client hereunder. EXCEPT FOR THE WARRANTY SET FORTH HEREIN, THE SERVICES ARE PROVIDED “AS IS,” AND PROVIDER DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABLITY OR FITNESS FOR A PARTICULAR PURPOSE.
• Limitation of Remedy and Liability.
  • Client represents that it accepts sole and complete responsibility for: (a) the selection of the Services to achieve Client’s intended results; (b) use of the Services; (c) the results obtained from Services; and (d) the terms of any contracts between Client and Authorized Users. Provider does not warrant that the Client’s use of the Services will be uninterrupted or error-free. Client shall not assert any claims against Provider based upon theories of negligence, gross negligence, strict liability, fraud, or misrepresentation, and Client shall defend Provider from any demand or claim, and indemnify and hold Provider harmless from any and all losses, costs, expenses, or damages, including reasonable attorneys’ fees, directly or indirectly resulting from Client’s use of the Services, an Authorized User’s use of the Services, and/or any agreement between the Client and an Authorize User based on or in any way related to the Services. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PROVIDER BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED UPON CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In any event, under no circumstances shall Provider be liable for any loss, costs, expenses, or damages to Client in an amount exceeding the Subscription Fee actually paid to Provider by Client for the previous twelve (12) months.
• Miscellaneous.
  • A. Notice and Demands. Notice, demand, or other communication mandated to be given by this Agreement by either party to the other shall be sufficiently given or delivered if it is sent by registered or certified mail, postage prepaid, return receipt requested or delivered personally. Unless Provider is otherwise notified in writing, the Client’s address for notice purposes shall be Client’s address provided as part of Client’s billing information.
  • B. Governing Law; Forum Selection. This Agreement shall be governed exclusively by the laws of the State of Maryland, without regard to its conflicts of laws principles. Any action under or concerning this Agreement shall be brought exclusively in the District Court of Montgomery County, Maryland. The parties irrevocably agree and consent that said forum is convenient and has jurisdiction to hear and decide any such action.
  • C. Compliance with Laws. Client shall use the Services in accordance with any and all applicable local, state, and federal laws.
  • D. Headings. The paragraph headings in this Agreement are for convenience only and they form no part of the Agreement and shall not affect the interpretation thereof.
  • E. Severability. If any provision of this Agreement shall be held illegal, void, or unenforceable, the remaining portions shall remain in full force and effect.
  • F. No Waiver. The delay or failure of either party to exercise any right under this Agreement or to take action against the other party in the event of any breach of this Agreement shall constitute a waiver of such right, or any other right, or of such breach, or any future breaches, under this Agreement.
  • G. Assignment. Client shall not assign or transfer this Agreement.
  • H. No Partnership or Agency. Nothing in this Agreement is intended to or shall operate to create a partnership between the parties, or authorize either party to act as an agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise bind the other in any way.
  • I. Force Majeure. Provider will not be held responsible for any delay or failure in performance of any part of this Agreement to the extent that such delay is caused by events or circumstances beyond the Provider’s reasonable control, including but not limited to fire, flood, storm, act of God, war, malicious damage, failure of a utility service or transport or telecommunications network.
  • J. Complete Agreement. This Agreement constitutes the entire agreement between the parties with respect to the Services, and supersedes any and all prior or contemporaneous understandings or agreements whether written or oral. No amendment or modification of this Agreement will be binding unless reduced to a writing signed by duly authorized representatives of the parties and such writing makes specific reference to this Agreement and its intention as an amendment hereto.

BY CLICKING “I AGREE” AND/OR BY USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTOOD IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT THIS AGREEMENT SHALL BE SUPERIOR TO, AND SUPERCEDE ANY CONFLICTING OR INCONSISTENT TERMS CONTAINED IN ANY PURCHASE ORDERS, OTHER DOCUMENTS PROVIDED TO THE COMPANY BY YOU, OTHER DOCUMENTS PROVIDED TO YOU BY THE COMPANY, OR AGREEMENTS PREVIOUSLY ENTERED INTO BY THE PARTIES. IF YOU DO NOT AGREE TO THE TERM OF THIS AGREEMENT, DO NOT INSTALL OR USE THE SOFTWARE APPLICATION AND/OR THE DATA, AND EXIT NOW BY CLICKING ON THE “I DO NOT AGREE” ICON BELOW.