This is a legally binding agreement. Please read it carefully. By clicking "I Agree," or installing or using the Social Customer Success feature, ("SCS"), you:
- agree to the following terms on behalf of the Salesforce customer with which you are employed, affiliated or associated (the "Customer"),
- represent that you have the authority to bind the Customer to these terms, and
- represent that you are an authorized User under the master subscription agreement between salesforce.com and the Customer and have administrative level access, (the "Master Subscription Agreement").
If you do not have such authority, are not an authorized User, or do not agree to these terms, you may not install or use the Social Studio Services.
This Order Form Supplement was last updated on January 15, 2015. It is effective between the Customer and salesforce.com as of the date you first download, install or use SCS, whichever is earliest.
1. THIS ORDER FORM SUPPLEMENT
This Order Form Supplement is a part of each order form by which the Customer ordered the Service Salesforce Success Cloud, (or the “Services”), in which SCS is an enabled feature, (an "Order Form"). The Order Form and this Order Form Supplement are governed by the Master Subscription Agreement. This Order Form Supplement adjusts certain terms of the Order Form, solely with respect to SCS. Capitalized terms used but not defined in this Order Form Supplement have the meanings given to them in the Master Subscription Agreement.
2. WHO YOU ARE CONTRACTING WITH
This Order Form Supplement is being entered into between the salesforce.com entity named on the Order Form (either salesforce.com, inc., salesforce.com Canada Corporation, salesforce.com EMEA, salesforce.com Singapore Pte Ltd, or Salesforce.com Kabushiki Kaisha) ("salesforce.com") and the Customer. In this Order Form Supplement, the term “salesforce.com” means that entity.
3. BASIC SCS, SOCIAL STUDIO AND NON-SFDC APPLICATIONS
SCS is provided by salesforce.com as a component of the Services which is made available to Customer under the terms of the Master Subscription Agreement, the Order Form and this Order Form Supplement, (collectively the “Agreement”), and salesforce.com reserves all rights not expressly granted to the Customer.
SCS enables Customers to access certain features within SFDC’s services branded as “Social Studio” (the “Social Studio Services”) as made available by SFDC to You. Use of SCS with Social Studio Services requires that Customer register one or more of its social accounts with third party websites, such as Twitter or Facebook, (“Non-SFDC Applications”), which interoperate with the Social Studio Services.
Any acquisition by Customer of Non-SFDC Applications, and any exchange of data between Customer and any Non-SFDC Application is solely between Customer and the applicable Non-SFDC Application provider. SFDC does not warrant or support Non-SFDC Applications. To the extent Customer installs or enables a Non-SFDC Application for use with the SCS Services, Customer grants SFDC permission to allow the provider of that Non-SFDC Application to access Customer Data as required for the interoperation of that Non-SFDC Application with the SCS Services and Customer grants SFDC permission to access Customer’s social account(s) on such Non-SFDC Applications. SFDC is not responsible for any disclosure, modification or deletion of Customer Data resulting from access by such Non-SFDC Application.
If the provider of a Non-SFDC Application ceases to make the Non-SFDC Application available for interoperation with the corresponding SCS Service features on reasonable terms, SFDC may cease providing those SCS features without entitling Customer to any refund, credit, or other compensation.
4. CUSTOMER DATA
Using SCS, Customer can import data from its social accounts with Non-SFDC Applications , to the Customer’s instance of the Services. Data that is publicly available is “Content” and non-public data is “Customer Data”. Customer shall only submit to the Social Studio/ SCS Services, and use the such services to collect, store and/or process Customer Data in a manner that is permitted in the Documentation for Social Studio Services and by applicable laws and government regulations.
SFDC currently provides the Social Studio Services and stores Customer Data at facilities and on technology infrastructure different from those used by SFDC for the Service Salesforce Success Cloud. Social Studio Services operate from both of the following platforms: salesforce.com services branded as “Radian6” and salesforce.com services “Buddy Media”. As such, the notices and licensing documentation, and security and privacy information that apply to services branded as “Radian6” and “Buddy Media” found at: https://help.salesforce.com/apex/HTViewSolution?urlname=Marketing-Cloud-Trust-and-Compliance-Documentation&language=en_US, (the “Documentation”) applies to Social Studio. Accordingly, any representations, warranties and covenants in the MSA regarding the privacy, security or disaster recovery measures with respect to the Service Salesforce Success Cloud or any data submitted to or accessed via the Service Salesforce Success Cloud, are hereby disclaimed with respect to the Social Studio Services. SFDC will maintain administrative, physical and technical safeguards for protection of the security, confidentiality and integrity of Customer Data as described in the Documentation. Those safeguards will include, but will not be limited to, measures for preventing access, use, modification or disclosure of Customer Data by SFDC personnel except (a) to provide the Social Studio Services and prevent or address service or technical problems, (b) as compelled by law in accordance with the confidentiality terms of the Agreement, or (c) as expressly permitted in writing by Customer. SFDC MAKES NO REPRESENTATION OR WARRANTY REGARDING COMPLIANCE WITH HIPAA OR GLBA IN PROVIDING THE SOCIAL STUDIO SERVICES, TO THE EXTENT THE DOCUMENTATION HAS TERMS THAT PROHIBIT CUSTOMER FROM SUBMITTING DATA SUBJECT TO HIPAA OR GLBA. BETA SERVICES ARE PROVIDED “AS IS”, EXCLUSIVE OF ANY WARRANTY OR AVAILABILITY COMMITMENT WHATSOEVER. SFDC DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERS.
5. SOCIAL STUDIO SERVICES & CONTENT - RESTRICTIONS
This Order Form Supplement allows you, as an authorized User under the Master Subscription Agreement, to access the Social Studio Services and the Content via SCS as follows:
Customer will not: (i) make the Social Studio Services or Content available to, or use the Social Studio Services or Content for the benefit of, anyone other than Customer or Users, unless expressly stated otherwise in the Documentation, (ii) sell, resell, license, sublicense, distribute, make available, rent or lease the Social Studio Services or Content, or include the Social Studio Services or Content in a service bureau or outsourcing offering, (iii) use the Social Studio Service to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights, (iv) use the Social Studio Services to store or transmit Malicious Code, (v) interfere with or disrupt the integrity or performance of the Social Studio Service or third-party data contained therein, (vi) attempt to gain unauthorized access to the Social Studio Services or Content or its related systems or network; (vii) permit direct or indirect access to or use of the Social Studio Services or Content in a way that circumvents a contractual usage limit, (viii) copy the Social Studio Services or any part, feature, function or user interface thereof, (ix) copy Content, except as permitted herein or the Documentation, (x) frame or mirror any part of any Social Studio Services or Content, other than framing on Customer's own intranets or otherwise for its own internal business purposes, or as permitted in the Documentation, (xi) reverse engineer the Social Studio Services, (to the extent such restriction is permitted by law), or (xii) access any Social Studio Services or Content in order to build a competitive product or service.
Content shall not be considered Customer Data or “Your Data” under any circumstances. Content may be indecent, offensive, inaccurate, unlawful or otherwise objectionable. SFDC shall have no obligation to preview, verify, flag, modify, filter, store or remove any Content, even if requested to do so, although SFDC may do so in its sole discretion. CONTENT IS PROVIDED “AS IS,” EXCLUSIVE OF ANY WARRANTY WHATSOEVER. Customer’s use of Content is at its sole risk, and SFDC shall not be liable to Customer or any third party based on Content. SFDC shall have no indemnity obligations under the MSA with respect to Content nor arising from any Claims Against Customer as a result of Customer’s breach of this Order Form Supplement.
6. DELETION & REMOVAL OF DATA COLLECTED FROM SOCIAL ACCOUNTS
Customer acknowledges and agrees that any information collected through the Customer’s social account(s) with a Non-SFDC Application provider, whether such information is publicly available or not, may, from time to time, be subject to deletion without notice to Customer to the extent required by applicable law or by a Non-SFDC Application providers from which such information is derived, and Customer hereby directs SFDC to so delete such information.
Notwithstanding anything to the contrary in the Customer’s subscription agreement for Service Salesforce Success Cloud, Customer acknowledges and agrees that: (i) the foregoing deletion requirements shall apply to any information exported to the Service Salesforce Success Cloud; and (ii) Twitter prohibits any distribution or making available of information received from Twitter and as such, Customer shall not display, distribute or make available information received from Twitter through the Social Studio service to any third party, provided such restriction does not apply to aggregations of data which do not reveal individual posts. Additional Non-SFDC Applications may impose additional terms, as set forth here:http://www.salesforcemarketingcloud.com/terms-of-service/third-party/ as applicable and if You use Social Studio Services in conjunction with its social account with Sine Weibo, Customer shall comply with Sine Weibo’s terms of service at:http://www.weibo.com/signup/v5/protocol.
In addition, if SFDC is required by a rights holder to remove Content, or receives information that Content may violate applicable law or third-party rights, SFDC may so notify Customer and in such event Customer will promptly remove such Content from its instance of Service Cloud. If Customer does not take required action in accordance with the above, SFDC may disable the applicable Content until the potential violation is resolved.
7. TERM AND TERMINATION
This Order Form Supplement shall terminate immediately and automatically upon the earlier of any termination or expiration of the Customer's subscription to the Services or upon Customer’s purchase of a paid subscription to Social Studio Services. Upon any such termination or expiration due to Customer’s termination or expiration of the Customer’s subscription to the Services, the Customer (including you) shall no longer be permitted to access the SCS feature.
Termination of this Order Form Supplement shall not entitle the Customer to any refund, credit, or other compensation from salesforce.com under the Master Subscription Agreement or any other agreement or from any third party.
Please indicate whether you agree to the terms of this Order Form Supplement.