TERMS OF SERVICE

KEY POINTS:

ThirdWatch will not...

  • Share your data with marketers or advertisers.
  • Contact your customers.
  • Identify you to other ThirdWatch customers as the source of any data in our models. Claim ownership of your data.

ThirdWatch will...

  • Use your data to discover relevant fraud patterns for you and other ThirdWatch customers.
  • Add the fraud patterns we discover to our global model so that we can better prevent fraud for you and other ThirdWatch customers.
  • Pursue opportunities to enrich our global model, including using third party services.
  • Publish aggregated fraud patterns for informational purposes.
  • Protect data as described in our agreement.

You need to...

  • Make sure that your privacy policy discloses your data practices, including usingvendors to detect and protect against fraud and other misuse of your service.
  • Comply with all applicable laws.
  • Comply with all of your commitments to third parties.

ThirdWatch Terms of Service

ThirdWatch provides a cloud-based, machine learning platform “Mitra”that is used to predict user intent and prevent fraudulent activity in real time (the "ThirdWatch Service"). The ThirdWatch Service identifies patterns in data, using custom and global model that leverages both the specific customer’s data and the data provided by all other customers. The ThirdWatch Service enables companies to streamline and automate their user review to help prevent misuse of their assets and services.

ThirdWatch provides the ThirdWatch Service subject to the terms and conditions of these Terms of Service (this "Agreement"). To obtain the ThirdWatch Service, this Agreement must be reviewed and accepted by the party that will use the ThirdWatch Service ("Customer").

In consideration of the foregoing and the terms below, the parties hereby agree as follows:

  1. ThirdWatch Service

    1. Service Generally. Customer wishes to use the ThirdWatch Service in connection with its services and properties (the "Customer Properties"). ThirdWatch will provide the ThirdWatch Service in accordance with the terms of this Agreement. ThirdWatch will provide Customer application programming interfaces (collectively, the "APIs") to enable Customer to access and implement the ThirdWatch Service in connection with the Customer Properties. Through the APIs and management console, Customer may submit data and information to the ThirdWatch Service as determined by Customer (collectively, the "Raw Data"). Based on ThirdWatch’s analysis of the Raw Data alone and in combination with other data in the ThirdWatch Service, ThirdWatch will provide Customer with analytical results (the "Analytical Results").
    2. Protection of Data.
      1. General. As between the parties, Customer owns the Raw Data and ThirdWatch owns the Analytical Results. ThirdWatch will use Raw Data only as described in this Agreement and will maintain appropriate administrative, technical and physical security measures to protect Raw Data against unauthorized access, disclosure and loss. ThirdWatch will notify Customer promptly of any suspected or actual breach of the security of Customer’s account. ThirdWatch will comply with all applicable laws, rules and regulations (collectively, "Laws") in connection with its response and remediation of any security breach and will keep Customer informed of those activities.
      2. Additional Use of Raw Data. Additional Use of Raw Data. Subject to the terms of this Section, Customer agrees that ThirdWatch may use the Raw Data on a perpetual basis in connection with fraud detection and prevention services offered through the ThirdWatch Service, as determined by ThirdWatch in its reasonable discretion. In connection with such use, the Raw Data will be aggregated with raw data from the other customers of the ThirdWatch Service. In addition, any reports provided to other third party customers resulting from use of the ThirdWatch Service will not include any identifiers of Customer as the source of such data.
      3. Deletion of Data. Upon termination of this Agreement, Customer may request deletion of the Raw Data. Subject to the provisions of Section 1.2(b) (Additional Use of Raw Data), ThirdWatch will perform such deletion within ninety days.
    3. Marketing. Subject to Customer’s consent and any trademark usage guidelines provided by Customer, ThirdWatch may use Customer’s name and logo in any customer list promoting the ThirdWatch Service.
  2. Additional Terms

    1. Restrictions. Restrictions. Customer will use the ThirdWatch Service (for clarity, including the Analytical Results) only: (a) for its internal fraud detection and prevention purposes; (b) in accordance with the terms of this Agreement; and (c) in accordance with ThirdWatch’s reasonable instructions, including compliance with the Acceptable Use Policy located here, which ThirdWatch may update reasonably from time to time. Customer will not engage in any activity that violates any contractual or other rights of any third parties or that disrupts the ThirdWatch Service, including circumvention of any access or use restrictions. Customer will not transfer, resell, license or otherwise make the ThirdWatch Service available to third parties. For clarity, the foregoing limitation applies to the Analytics Results and any other information derived from use of the ThirdWatch Service, as well as the service itself. Customer will be solely responsible for all use of the ThirdWatch Service under its account, including the acts and omissions of its users. Customer will notify ThirdWatch immediately if Customer becomes aware of any unauthorized use or other compromise of Customer’s account.
    2. Compliance. In connection with its activities hereunder, each party will comply with all applicable Laws, including those concerning the use of personal information and data protection, as well as any contractual or other obligation to any third party. Customer is solely responsible for ensuring that its use of the ThirdWatch Service does not violate the Laws of the jurisdictions in which Customer does business.
    3. Privacy Policies. Each party will collect, process and store data in accordance with the terms of its privacy policy and will ensure that its privacy policy is readily accessible on its website(s) and at all times provides accurate disclosures concerning its respective activities in connection with this Agreement, including the collection and processing of personal information for fraud detection and prevention purposes.
  3. Payment

    Fees and Payment Terms. For 2 months from Project start date there will be a trial period in this period ThirdWatch will not charge any money, post the trial period fees will be 0.2% of transaction value subject to a maximum of Rs 20/transaction.

  4. Confidentiality

    1. Definitions. "Confidential Information" means information provided to the receiving party ("Receiving Party") that is designated by the disclosing party ("Disclosing Party") as "confidential" or "proprietary" or that a reasonable person would understand to be confidential given the nature of the information and the circumstances of the disclosure. "Confidential Information" does not include information that: (a) is or becomes generally known to the public through no fault of the Receiving Party; (b) is in the Receiving Party’s possession prior to receipt from the Disclosing Party; (c) is acquired by the Receiving Party from a third party without breach of a confidentiality obligation; or (d) is independently developed by Receiving Party without reference to the Disclosing Party’s Confidential Information. Customer’s Confidential Information includes the Raw Data. ThirdWatch’s Confidential Information includes the APIs, the Analytical Results and all documentation provided to Customer hereunder.
    2. Confidentiality Obligations. Receiving Party will use Confidential Information solely as contemplated by this Agreement and will disclose such information only to its employees, agents, and contractors who are bound by obligations of confidentiality at least as strict as those contained in this Section. Receiving Party will use reasonable care to protect Disclosing Party’s Confidential Information and to prevent unauthorized disclosure of Confidential Information. Confidential Information is and will remain the exclusive property of the Disclosing Party. Subject to the terms and conditions of this Agreement, Receiving Party will, upon written request, destroy all copies of the Disclosing Party’s Confidential Information that are in its possession or control.
    3. Product Input. Notwithstanding any provision in this Agreement to the contrary, ThirdWatch may use, develop and implement any information, suggestions, comments or other input provided by Customer or any of its users (collectively, "Input") in connection with the development, operation, marketing and sale of the ThirdWatch Service, in its discretion and with no compensation to any person providing Input. Customer represents that it has not, and will not, knowingly provide Input that is subject to any third party intellectual property rights.
  5. Indemnification

    Customer will defend, indemnify and hold harmless ThirdWatch, its officers, directors and employees against any third party claim, demand, suit, investigation or proceeding relating to any violation or alleged violation of the terms of this Agreement.

  6. Disclaimer

    EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE THIRDWATCH SERVICE AND ALL RELATED SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND ANY PROMISES CONTAINED IN THIS AGREEMENT ARE IN LIEU OF ALL OTHER WARRANTIES, REPRESENTATIONS OR CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. THIRDWATCH DOES NOT REPRESENT THAT THE THIRDWATCH SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR MEET CUSTOMER’S REQUIREMENTS OR THAT THE ANALYTIC RESULTS WILL BE ACCURATE OR COMPLETE. CUSTOMER ACKNOWLEDGES THAT, AS A SAAS-BASED SERVICE, THE FUNCTIONALITY AND INTERFACES OF THE THIRDWATCH SERVICE MAY CHANGE OVER TIME.

  7. Limitation of Liability

    EXCEPT AS DESCRIBED IN THIS PARAGRAPH, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WILL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY CHARACTER, INCLUDING DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOST SALES OR BUSINESS, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOST DATA, OR FOR ANY AND ALL OTHER DAMAGES OR LOSSES, EVEN IF SUCH PARTY HAS BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING EXCLUSIONS WILL NOT APPLY TO ANY BREACH OF SECTION 2 (ADDITIONAL TERMS), SECTION 4 (CONFIDENTIALITY) OR ANY AMOUNTS PAYABLE TO A THIRD PARTY UNDER SECTION 5 (INDEMNIFICATION).

    UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WILL THIRDWATCH BE LIABLE TO CUSTOMER FOR ANY DIRECT DAMAGES, COSTS, OR LIABILITIES IN AGGREGATE IN EXCESS OF THE AMOUNTS PAID BY CUSTOMER TWELVE MONTH PERIOD PRIOR TO THE CUSTOMER’S INITIAL CLAIM.