Artillery

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 Artillery Software Inc and the company or person accessing or using the Product. This Agreement consists of: (1) the Order Form and (2) the Key Terms, both of which are on the Cover Page below, and (3) the Common Paper Cloud Service Agreement Standard Terms Version 1.0 (“Standard Terms”). Any modifications to the Standard Terms made in the Cover Page will control over conflicts with the Standard Terms. Capitalized words have the meanings or descriptions given in the Cover Page or the Standard Terms.

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

Cloud Service: Artillery is a performance testing and assurance platform that businesses use to test and improve the scalability and reliability of their digital services.

This agreement includes the use of the Artillery CLI (command-line application) and Artillery Cloud (a cloud-based analytics and collaboration platform).

Subscription Start Date: The Effective Date

Subscription Period: 1 year

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

SLA: Provider will use commercially reasonable efforts to provide and maintain the Cloud Service without excessive errors and interruptions. If Provider does not meet the SLA in two consecutive months or over three months in any 12-month period, then Customer may, as its only remedy, terminate this Order Form upon notice and receive a prorated refund of prepaid fees for the remainder of the Subscription Period.

Technical Support: Priority email support with a response time SLA in accordance with the customer’s subscription plan.

Cloud Service Fees: Section 5.2 of the Standard Terms is replaced with: Certain parts of the Product have different pricing plans, which are available at Provider’s pricing page. Within the Payment Period, Customer will pay Provider fees based on the Product tier selected at the time of account creation Customer’s usage per Subscription Period. Provider may update Product pricing by giving at least 30 days notice to Customer (including by email or notification within the Product), and the change will apply in the next Subscription Period.

Payment Period: 30 days from the last day of the Subscription Period

Invoice Period: Annually

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: Artillery Software Inc

Effective Date: The date Customer first accepts this Agreement.

Covered Claims:

1. 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.
2. 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

Governing Law: The laws of the State of Delaware

Chosen Courts: The state or federal courts located in Delaware

Notice Address:

1. For Provider: notices@artillery.io
2. For Customer: The main email address on Customer’s account

Attachments and Supplements

Security Policy: Provider will use commercially reasonable efforts to secure the Cloud Service from unauthorized access, alteration, or use and other unlawful tampering.

Provider will maintain annually updated reports or annual certifications of compliance with the following: SOC2 Type I.

Changes to the Standard Terms

Publicity Rights: Modifying Section 14.7 of the Standard Terms: Provider may identify Customer as a user of the Cloud Service in non-public settings, including with potential investors and advisors.