Terms of Service for Faraday Edge

If you require any more information or have any questions about our Terms of Service, please feel free to contact us by email at Contact Us.

Introduction

These terms and conditions govern your use of this product; by using this product, you accept these terms and conditions in full and without reservation. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this product.

You must be at least 18 [eighteen] years of age to use this product. By using this product and by agreeing to these terms and conditions, you warrant and represent that you are at least 18 years of age.

License to use product

Unless otherwise stated, Faraday Edge and/or its licensors own the intellectual property rights published on this product and materials used on Faraday Edge. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages, files or other content from the product for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

By using this product, it's assumed that you understand that this product needs license(s) to work. In case of any missing licenses, you will not be able to use Faraday Edge with all features.

You must not:

Acceptable use

You must not use this product in any way that causes, or may cause, damage to the product or impairment of the availability or accessibility of Faraday Edge or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this product to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities on or in relation to this product without Faraday Edge's express written consent.

This includes:

You must not use this product or any part of it to transmit or send unsolicited commercial communications.

You must not use this product for any purposes related to marketing without the express written consent of Faraday Edge.

Restricted access

Access to certain areas of this product is restricted. Faraday Edge reserves the right to restrict access to certain areas of this product, or at our discretion, this entire product. Faraday Edge may change or modify this policy without notice.

If Faraday Edge provides you with a user ID and password to enable you to access restricted areas of this product or other content or services, you must ensure that the user ID and password are kept confidential. You alone are responsible for your password and user ID security..

Faraday Edge may disable your user ID and password at Faraday Edge's sole discretion without notice or explanation.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this product, for whatever purpose.

You grant to Faraday Edge a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Faraday Edge the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Faraday Edge or a third party (in each case under any applicable law).

You must not submit any user content to the product that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Faraday Edge reserves the right to edit or remove any material submitted to this product, or stored on the servers of Faraday Edge, or hosted or published upon this product.

Faraday Edge's rights under these terms and conditions in relation to user content, Faraday Edge does not undertake to monitor the submission of such content to, or the publication of such content on, this product.

No warranties

This product is provided “as is” without any representations or warranties, express or implied. Faraday Edge makes no representations or warranties in relation to this product or the information and materials provided on this product.

Faraday reserves the right to make changes to existing features of the product, adding new ones, and removing existing ones, without notice.

Without prejudice to the generality of the foregoing paragraph, Faraday Edge does not warrant that:

Nothing on this product constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

Limitations of liability

Faraday Edge will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this product:

These limitations of liability apply even if Faraday Edge has been expressly advised of the potential loss.

Exceptions

Nothing in this product disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this product disclaimer will exclude or limit the liability of faradaynetworks Software in respect of any:

death or personal injury caused by the negligence of Faraday Edge or its agents, employees or shareholders/owners;

fraud or fraudulent misrepresentation on the part of Faraday Edge; or

matter which it would be illegal or unlawful for Faraday Edge to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this product, you agree that the exclusions and limitations of liability set out in this product disclaimer are reasonable.

If you do not think they are reasonable, you must not use this product.

Other parties

You accept that, as a limited liability entity, Faraday Edge has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Faraday Edge's officers or employees in respect of any losses you suffer in connection with the product.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this product disclaimer will protect Faraday Edge's officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Faraday Edge.

Unenforceable provisions

If any provision of this product disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this product disclaimer.

Indemnity

You hereby indemnify Faraday Edge and undertake to keep Faraday Edge indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Faraday Edge to a third party in settlement of a claim or dispute on the advice of Faraday Edge's legal advisers) incurred or suffered by Faraday Edge arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to Faraday Edge's other rights under these terms and conditions, if you breach these terms and conditions in any way, Faraday Edge may take such action as Faraday Edge deems appropriate to deal with the breach, including suspending your access to the product, prohibiting you from accessing the product, blocking computers using your IP address from accessing the product, contacting your internet service provider to request that they block your access to the product and/or bringing court proceedings against you.

Variation

Faraday Edge may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this product from the date of the publication of the revised terms and conditions on this product. Please check this page regularly to ensure you are familiar with the current version.

Assignment

Faraday may transfer, sub-contract or otherwise deal with Faraday Edge's rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions, together with Faraday Edge's Privacy Policy constitute the entire agreement between you and Faraday Edge in relation to your use of this product, and supersede all previous agreements in respect of your use of this product.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with the laws of United States, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of United States.

Faraday Edge Service Level Agreement

This Faraday Edge Service Level Agreement (“Faraday Edge SLA” or “SLA“) sets forth Faraday's obligations and Customer’s rights with respect to the performance of Faraday Edge. All capitalized terms used but not otherwise defined in this Faraday Edge SLA have the meanings given to them in the Additional License Authorizations – Faraday Edge Terms and Conditions (the “Faraday Edge Terms and Conditions“). Faraday reserves the right to change the terms of this SLA or the Faraday Edge Terms and Conditions at any time. The current version of this SLA as of the time of renewal will apply throughout the full renewal Term.

  1. During the SaaS Order Term, Faraday Edge will be operational and available to Customer at least 99.95% of the time in any calendar month (the “Service Level“). If the Monthly Uptime Percentage does not meet the Service Level in any calendar month, and if Customer has met its obligations under this Faraday Edge SLA, then Customer will be eligible to receive a Service Day Credit as follows:
    2. Monthly Uptime Percentage Service Days Credited
    99.9% to <99.95% 5
    99% to <99.9% 7
    <99%  15
  2. The aggregate maximum service days credited by Faraday to a Customer for all Downtime that occurs in a single calendar month will not exceed 15 days. Service Days Credited may not be exchanged for, or converted into, monetary amounts.
  3. In order to receive any of the Service Day Credits described above, the Customer must notify Faraday within 7 days from the time the Customer becomes eligible to receive a Service Day Credit. Failure to comply with this requirement will forfeit a Customer’s right to receive a Service Day Credit.
  4. The Service Level does not apply to service interruptions: (i) caused by factors outside of Faraday’s reasonable control, including any force majeure event or interruption or impediment to internet access or related problems beyond the demarcation point of Faraday and its Faraday Edge infrastructure suppliers; (ii) that result from Customer equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within Faraday’s direct control); (iii) that resulted from performing announced service maintenance and platform upgrades; (iv) associated with beta, evaluation and trial accounts; (v) that result from any actions or inactions of Customer or any third party, including employees, agents, contractors, or vendors, or anyone gaining access to Faraday Edge by means of Customer’s passwords or equipment; (vi) arising from Faraday’s suspension and termination of your rights.
  5. This Faraday Edge SLA states Customer’s sole and exclusive remedy for any failure by Faraday to meet the Service Level.
  6. Definitions:

    “Downtime” means if Faraday Edge is unavailable to a Customer due to failure(s) in the Faraday branded hardware, firmware, or hosted software, as confirmed by both Customer and Faraday.
    “Monthly Uptime Percentage” means the total number of 5-minute increments in a calendar month minus the number of 5-minute increments of Downtime suffered in a calendar month, divided by the total number of 5-minute increments in a calendar month.
    “Service Day Credit” means the number of days that Faraday will add to the end of the Term, at no charge to Customer.

Support Hours and SLAs

Faraday operates 24x7 worldwide support out of two support centers based in San Francisco and Istanbul.

There is no additional licensing and case limitation for the support process. Customers can contact Faraday over email or phone.

Service providers and channel partners using Faraday Networks services can reach directly to the support center. End customers can also reach directly to the support center through the Faraday partner.

Cloud Infrastructure

Faraday Edge's cloud infrastructure is covered under a monthly 99.95% SLA and the system is managed 24×7×365 to guarantee high availability. In the extremely unlikely event of a cloud infrastructure interruption, user traffic and data continues to flow, and the emergency support SLA for Faraday Support is 1 hour.

Hours of Operation and SLA

Email / Phone / Ticketing