ZANSHIN® Terms of Use
Welcome to ZANSHIN®, a software solution offered on a hosted basis by Tenchi Security Corp. and/or its affiliates (“TENCHI”) that offers a new experience in terms of security and data protection. Access to ZANSHIN® is granted to you, the user (“You”) by TENCHI, either on condition that You are:
(i) an authorized user of a legal entity that has subscribed for ZANSHIN® by entering into an agreement with TENCHI ("CLIENT"), or
(ii) an authorized user of a legal entity that allows itself to be monitored by the CLIENT through ZANSHIN® (“THIRD-PARTY”);
in either case, who carries out the login to ZANSHIN® through an individual account (“AUTHORIZED USER”), thus being subject to the storage and processing of their respective Data by ZANSHIN®.
We recommend that You carefully read these Terms of Use (“ToU”) prior to your first access or interaction with ZANSHIN®. By accessing ZANSHIN® for the first time, You express your agreement to these ToU and our Privacy Policy, and undertake to comply with and respect all the provisions described below.
This ToU is mandatory and binding. If you do not accept this ToU in its entirety, You must refrain from using ZANSHIN® or the services offered by TENCHI. Capitalized terms not otherwise defined herein are defined in Section 11.1 below.
This ToU may be updated at any time by TENCHI by means of electronic notice at [www.______] and/or by email, which is why we recommend that You check such site periodically and/or review any notices in your designated email account. If You have communicated in your account settings or by any other means that You do not wish to receive notifications from TENCHI or otherwise prevent by any means the receipt of notifications from TENCHI, You will be solely responsible for any consequences of that decision. If You do not agree with the updates made to ZANSHIN®, You must cease all use of ZANSHIN® and contact TENCHI immediately so that the necessary measures can be taken to disable your account.
THESE TERMS OF USE CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
1. ACCESS AND USE
1.1 Preparatory Conditions for Access and Use.
1.1.1 Upon completion of the preparatory measures for access and use of the software, You will be granted, during the Term, non-transferable access to use ZANSHIN®. You must operate ZANSHIN® in accordance with the Documentation and will be responsible for the acts and omissions of any persons who may access and use ZANSHIN® through your access password.
1.1.2 Even if the entity that has designated you as an Authorized User does not have a contractual or any other legal relationship with TENCHI, be aware that, while using ZANSHIN®, your Data may be stored and processed by ZANSHIN®
1.2 Account Responsibility. You must create an account and password to login on ZANSHIN®. You must be at least 18 (eighteen) years of age and provide truthful information about yourself. You are is prohibited from impersonating another person. It is your sole responsibility to maintain information provided on ZANSHIN® current and accurate at all times.
1.2.1 f your account is assigned to you by an administrator of a CLIENT or THIRD-PARTY, the account/license may be deactivated or suspended by their decision or any other CLIENT or THIRD-PARTY user administrator.
1.2.2 You must not share your password with anyone, nor use it in any other website or platform, for security reasons.
1.3 Access and Usage Restrictions. You acknowledge that the software, structure, organization and source code of ZANSHIN® are valuable trade secrets of TENCHI and agree that You will not, directly or indirectly: (i) remove any intellectual property rights notice from ZANSHIN®; (ii) reverse engineer any part of ZANSHIN®; (iii) except to the extent permitted by law, decompile, attempt to derive the source code or underlying ideas or algorithms of any part of ZANSHIN®, try to recreate ZANSHIN® or use ZANSHIN® for any competitive activity, including (a) offering and marketing similar products or services, (b) developing competing products or services, (c) using in a manner that competes with any product or service offered by TENCHI, or (d) making ZANSHIN® and any service provided by TENCHI available to an unauthorized person (i.e. who is not an Authorized User of CLIENT or THIRD-PARTY); (iv) copy, modify, translate or otherwise create derivative works from any part of ZANSHIN®; (v) sell, resell, assign, encumber, rent, lease, share, distribute, transfer or otherwise use or commercially exploit or make available ZANSHIN® for or for the benefit of other people; (vi) use ZANSHIN® to infringe on the intellectual property rights, publicity rights or privacy rights of others or to store defamatory, libelous or illegal Data; or (vii) send, store or process on or through ZANSHIN® any Sensitive Personal Data, including, without limitation, health information, credit card data, personal financial data or other data of a confidential nature whether or not protected by any specific legislation. This includes not only the use of this type of information in configuration fields, comments from You on ZANSHIN®, but also in the metadata or configurations of the environments or services that will be processed by ZANSHIN®. You must not access ZANSHIN® if you are engaged by a direct competitor of TENCHI, except with TENCHI's prior express consent. Additionally, you must not access ZANSHIN® for the purpose of monitoring its performance, availability and functionality for competitive purposes. The restrictions on use and access herein provided may only be waived with the prior and express consent of TENCHI.
1.4. ZANSHIN® Login Access. You are solely responsible for ensuring that You: (i) have not shared the login credentials established in your capacity as an AUTHORIZED USER; (ii) have been adequately trained to use and access ZANSHIN®; and (iii) take all reasonable measures to ensure the proper use of passwords, tokens and access procedures with respect to login on ZANSHIN®, including avoiding the adoption of any Sensitive Personal Data in the definition of passwords, tokens and access procedures.
1.5. Refusal or Cancellation of Logins. TENCHI reserves the right to refuse the registration of, or cancel, login IDs that it reasonably believes may violate these ToU, in which case TENCHI will immediately inform You by email of such refusal or cancellation.
1.6. Continuous use. TENCHI does not guarantee continuous and uninterrupted use of ZANSHIN®. Therefore, TENCHI cannot be held liable, nor can any payments or compensation be demanded, due to losses resulting from (i) technical difficulties or failures in systems, on the Internet or any other type of error; (ii) unavailability caused by maintenance or improvements; (iii) failures: (a) of the connectivity network, (b) of infrastructure, (c) caused by unforeseeable circumstances or force majeure, (d) of compatibility or defects in products or services of other people, including other operators connected to its network; (iv) interruptions in the supply of electricity; (v) problems related to the technology used that were not foreseeable, contamination by viruses, hacker attacks; (vi) misuse, negligence, imprudence, or accident resulting from fault or omission on your part or other persons not acting at the direction of TENCHI; (vii) unauthorized modifications or improper use of ZANSHIN® by You; (viii) use of ZANSHIN® by You or by other persons, in a manner incompatible with technical specifications; (ix) use of ZANSHIN® by a person who is not an Authorized User; (x) intervention by persons not authorized by TENCHI; and/or (xi) defects and damage caused by forces of nature.
1.7 Free Demo. Testing Service.
1.7.1 If You obtain a free demo of ZANSHIN® or use any functionality of ZANSHIN® free of charge for evaluation purposes (“Testing Services”), TENCHI will offer the Testing Services on a trial basis until the end of the trial period or the start of any SaaS Subscription Agreement. DURING THE FREE TRIAL/TESTING SERVICES PERIOD, TENCHI WILL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES RESULTING FROM THE USE OF ZANSHIN®, WHICH IS PROVIDED WITHOUT ANY WARRANTY AND ON AN “AS IS” BASIS. Any obligations on behalf of TENCHI to indemnify, defend or hold harmless any person obtaining a free trial of the Services and their respective AUTHORIZED USERS shall not apply during the period of the Testing Services.
1.7.2 Any data that You input into the Testing Services and any settings made in the Testing Services by You or the CLIENT or THIRD-PARTY on whose behalf You are using ZANSHIN® during the term of the Testing Period will be permanently deleted unless the CLIENT or THIRD-PARTY that has designated You as an Authorized User: (i) has acquired a license from ZANSHIN®; or (ii) exports such data or settings before the end of the Testing Services period. There is no guarantee that features or functionality of the Testing Services will be available, or if available, will be the same, in the commercial use version of the ZANSHIN®.
2. INTELLECTUAL PROPERTY RIGHTS
2.1 Intellectual Property. All rights (including reproduction and commercialization rights), title and ownership in relation to ZANSHIN®, including your feedback, the Documentation and the Intellectual Property of TENCHI are reserved to TENCHI. Nothing in these ToU shall: (i) transfer ownership of any Intellectual Property Rights from TENCHI to You; or (ii) provide You with the right to use the trade names, logos or trademarks of TENCHI. The trademarks and copyrighted works of TENCHI include: ZANSHIN® brand names, logos, website, digital networks/platforms, content, the SaaS itself, and other materials protected by trademarks or copyright laws.
2.2 Ownership You agree not to contest ownership of ZANSHIN® and its trademarks and/or copyrights.
2.3 Use of Trademark. Unless permission is granted by contract or other legally valid document, the use of any of the trademarks of TENCHI is forbidden. Should You obtain such permission, TENCHI reserves the right to modify or revoke the permission at its sole discretion. You shall not shorten or abbreviate any of the trademarks of TENCHI, including without limitation ZANSHIN®, except under license or contractual permission, and You may not incorporate any of the trademarks, logos, domain name, website, design, marketing materials, typographic styles or stylizations of TENCHI in the name of your company, application, website, or anything of the sort, unless You have prior permission from TENCHI. Except as otherwise provided by contract, TENCHI has the right to modify or withdraw any permission at any time.
2.4 User’s Data. You represent and warrant that You hold all rights, titles and ownership to all of your Data. Nothing in this ToU shall be construed to grant TENCHI any rights to User Data other than those expressly provided herein. You grant TENCHI a limited, non-exclusive right to view and use User Data solely for the purpose of providing and improving the functionality of ZANSHIN® and to prepare statistical analyses and market studies in an anonymized form. If User Data involves data from other people, including personal data (excluding any sensitive personal data as per item 1.3.(vii)) under the Applicable Data Protection Laws, it will be your responsibility to obtain the necessary consents so that such data can be processed through ZANSHIN® as the case may be. You are entirely responsible for the absence of such consent and its consequences and You and the CLIENT or THIRD-PARTY who has designated You as an Authorized User shall indemnity and hold harmless TENCHI from any such unauthorized use and associated violation of Applicable Data Protection Laws.
2.5 Usage Data and Suggestions. TENCHI shall be permitted to collect, use and disclose Usage Data internally, for the benefit of You and/or the organization of which you are a part, or when required by any administrative or judicial authority. To the extent that You provide Suggestions to TENCHI, such Suggestions shall be free from any confidentiality restrictions that may be imposed on TENCHI under these ToU and may be implemented by TENCHI at its sole discretion without liability or obligation to You. You acknowledge that any TENCHI products or materials that incorporate such Suggestions shall be the exclusive property of TENCHI and You shall not assert any claims of ownership or intellectual property rights to such products or materials.
3. SECURITY AND PROCESSING OF PERSONAL DATA
3.1 Data Content. You are solely responsible for: (i) the Content, quality and accuracy of Data as You make it available, whether by insertion in ZANSHIN® or on the platforms monitored by ZANSHIN®.; (ii) ensuring that You and/or your organization have a valid and secure legal basis to process the Data and share it with TENCHI (to the extent applicable); and (iii) ensuring that Data is made available in compliance with Applicable Data Protection Laws.
3.2 Data Deletion. At the time of cancellation of your account or, as the case may be, a CLIENT license; when the purpose of Data processing ends or upon request, all Data will be deleted immediately and permanently from ZANSHIN®, except as set forth below and for data which maintenance is mandatory by law or regulation and data necessary for the regular exercise of rights in judicial, administrative or arbitration proceedings, including Usage Data (as defined in the Privacy Policy), which will be kept confidential, in a controlled and secure environment, for a period provided for in the Applicable Data Protection Laws. Upon expiration of the aforementioned storage period, TENCHI undertakes to dispose of the Data appropriately.
3.3 Data Preservation. All access records, a set of information regarding the date and time of use of a given Internet application from a given IP address, will be kept by TENCHI, confidentially, in a controlled and secure environment, for the minimum period provided for in the Applicable Data Protection Laws. In addition, due to the nature and intended purposes of ZANSHIN®, and for the purposes of audit trail integrity and maintenance of the monitoring history kept by the software, TENCHI reserves the right to preserve, on the platform, all Data entered by You into ZANSHIN® that is visible to CLIENT (i.e., responses to questionnaires), even in the event of cancellation of your account or, as the case may be, the ZANSHIN® license when the purpose of Data processing ends.
3.4 Data Collection. TENCHI may automatically collect some information that is essential for the execution of the contracted services deliverable to CLIENT and compliance with this ToU. Therefore, each time you access ZANSHIN®, TENCHI will collect some information such as: characteristics of the access device, browser, IP number (with date and time) and IP origin. Additionally, other information may be required for registration and release of the use of the tool to You, such as name, corporate email and URL of the photo of You logged into the browser. TENCHI reserves the right to store all information collected through ZANSHIN® for at least the retention period established in the Applicable Data Protection Laws. The Data collected may be used for sharing with administrative and judicial authorities within the scope of their powers based on strict compliance with legal duty. TENCHI informs you that all Personal Data requested and collected are strictly necessary for the purposes set forth in the contract or other legal instruments entered into with CLIENT and in this ToU. The information collected through the application of ZANSHIN® are subject to the provisions of our Privacy Policy available in our website which seeks to clarify: (i) the information collected; (ii) cookies and other technologies; (iii) how collected information is used; (iv) with whom we share collected information; (v) where we deposit the collected information; (vi) how the collected information is protected; (vii) the period during which we keep the collected information, and (ix) other matters required by Applicable Data Protection Laws.
3.5 Anonymization and Sharing of your Data. TENCHI may use all your Data, including your Personal Data that you have access to through ZANSHIN®, and in the case of your Personal Data, it will be anonymized when used and shared to: (i) generate reports and studies for improvement and presentation of ZANSHIN®; (ii) produce statistical data; (iii) study and improve functionalities; (iv) preparation of advertising and marketing materials; and (v) to execute and defend the interests and demands in relation to the execution of the service provision contract between CLIENT and TENCHI.
3.6 Content Monitoring and Use. TENCHI is not responsible for nor endorses any Content entered or disclosed by You or other individuals who are subject to monitoring or any interaction through ZANSHIN®. Accordingly, TENCHI shall not be liable, directly or indirectly, for any loss or damage caused by You to any other person as a result of such Content. It is your responsibility to disclose Content for which You have a legitimate right or permission to disclose. The application of ZANSHIN® does not imply any transfer of ownership of the Content to TENCHI. However, by allowing monitoring of the Content by ZANSHIN®, TENCHI is authorized to use the Content for the purposes set forth in Section 3.5 above. If you submit any information, suggestions, ideas or other communications regarding ZANSHIN®, such communications will not be confidential, and TENCHI will be authorized to dispose of such communications without any obligations to you or any other person.
4. PRIVACY.
TENCHI is committed to respecting privacy and makes every effort to ensure the confidentiality of all information shared with it. In cases where there is a request for deletion of information, TENCHI may still store some of it if there is a legal justification for doing so. TENCHI makes all industry standard efforts to ensure the security of its systems and the information collected, using software protection against unauthorized access to systems. In addition, TENCHI only authorizes access to the locations where information is stored by previously registered people who have acknowledged the duty of confidentiality with respect to the information collected. However, due to the very nature of the Internet, it is not possible to guarantee that malicious people will not succeed in improperly accessing information stored by TENCHI.
5. LIABILITY.
You agree to indemnify and hold harmless TENCHI, its related companies and their respective directors, managers, employees, representatives, agents and employees harmless in relation to any damage, cost, loss, liability, expense (including, without limitation, attorneys' fees, experts and legal costs) arising from legal and/or extrajudicial actions originated by any third party and/or arising from a failure to comply with the obligations You have assumed in this ToU.
6. DIGITAL NETWORKS AND PLATFORMS
6.1 Modifications. TENCHI reserves the right to modify its digital networks and platforms, including its website and any portal related to its products, at any time, with or without notice. For example, TENCHI may add or remove disclosures, features, or functionality, and TENCHI may suspend or discontinue a particular feature altogether. TENCHI also reserves the right to charge a fee at any time for any of our features that are available on any of our digital networks and platforms.
6.2 Restrictions on Use. TENCHI’s digital networks and platforms must not be used in any way that: (i) violates any laws, infringes the rights of any person, is offensive or interferes with digital networks and platforms other people (including any technological measures we employ to enforce these ToU); (ii) engage in fraudulent activities; (iii) violate the rights of others; (iv) threaten, incite, promote or encourage violence, terrorism or other serious and inappropriate conduct; (v) promote the sexual exploitation or abuse of children; (vi) violate the security, integrity or availability of users, networks, computers or communication systems, software applications or any network or computing devices; (vii) distribute, publish, send or facilitate the sending of unsolicited bulk e-mails or promotions, advertising or “spam”.
6.3 Suspicious Activity. TENCHI reserves the right to conduct due diligence and investigations in case of suspicion of the practice of acts described in Section 6.2 above and, as the case may be, remove or disable access to inappropriate or impermissible Content or resources. You agree to cooperate with TENCHI in correcting such violations.
6.4 Consent to Electronic Communications. By using TENCHI networks and digital platforms or sending communications through them, You are communicating electronically and You consent to electronically receive any communications relating to your use of TENCHI networks and digital platforms. TENCHI may communicate with You by email or by posting notices on its networks and digital platforms. You agree that all agreements, notices, disclosures and other communications that TENCHI provides to You electronically satisfy any legal requirement that such communications be in writing. All notices from TENCHI intended to be received by You will be deemed given and effective when sent to the email address You provide. By submitting Content, creating a user account or providing your email address, postal address or telephone number, You agree that TENCHI may contact You at that address or number in a manner consistent with our Privacy Policy.
7. CONSEQUENCES OF NON-COMPLIANCE
7.1 Notice of Breach. In the event of any violation of the ToU by You, TENCHI may, report such violations to CLIENT and the competent authorities and disclose any information for the purpose of complying with laws, regulations and/or at the request of a competent authority, to cooperate with them in their resolution.
7.2 Suspension of Services. Without prejudice to other remedies available to it, TENCHI may, without prior notice, suspend or terminate, in whole or in part, the license and/or functionalities offered by ZANSHIN®, block any abusive activity and/or take any action deemed appropriate, at its sole discretion. Furthermore, TENCHI reserves the right to restrict and/or suspend, temporarily or permanently, your access to ZANSHIN® and initiate the actions it deems appropriate if You the fail to comply with the ToU or violate any applicable laws.
8. ADDITIONAL PROVISIONS
8.1 Confidentiality Obligations. If You have access to and knowledge of any TENCHI information that is not known to the general public, You must take reasonable efforts to protect such information to prevent unauthorized dissemination, disclosure or publication of such information, and You must limit your use of such information to the purposes contemplated by this ToU and the CLIENT license agreement.
8.2 No Assignment. You are prohibited from assigning or transferring the rights and obligations arising from this ToU without the prior and express consent of TENCHI.
8.3 Questions. If You have any questions about these ToU, or if You wish to contact TENCHI for any reason, please send an email to: support@tenchisecurity.com.
8.4 Governing Law. All provisions of this ToU shall be governed by the laws in force in the State of Florida, United States of America.
8.5 Disputes.
8.5.1 In the interest of resolving disputes between You and TENCHI in the most expedient and cost-effective manner, You and TENCHI agree that any and all disputes arising in connection with these ToU shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of these ToU, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of Your use and access to ZANSHIN®. You understand and agree that, by using ZANSHIN®, You and TENCHI are each waiving the right to a trial by jury or to participate in a class action.
8.5.2 Notwithstanding subsection 8.5.1, we both agree that nothing herein shall be deemed to waive, preclude, or otherwise limit either of our right to (i) bring an individual action in small claims court, (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (iii) seek injunctive relief in a court of law, or (iv) to file suit in a court of law to address intellectual property infringement claims.
8.5.3 Any arbitration between You and TENCHI will be governed by the Commercial Dispute Resolution Procedures ("AAA Rules") of the American Arbitration Association ("AAA") and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting TENCHI.
8.5.4 A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that we do not have a physical address on file for You, by electronic mail (“ Notice” ). TENCHI’ s address for Notice is: TENCHI SECURITY CORP, Inc., _______________________. The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“ Demand” ). TENCHI agrees to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or TENCHI may commence an arbitration proceeding. In the event that you commence arbitration in accordance with this ToU, TENCHI will reimburse you for your payment of the filing fee, unless your claim is for greater than $5,000, in which case the payment of any fees shall be decided by the AAA Rules. Any arbitration hearings will take place at a location to be agreed upon in Dade County, Florida, provided that if the claim is for $5,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a non-appearance based telephonic hearing, or by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, You agree to reimburse TENCHI for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’ s ruling on the merits.
8.5.5 YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST TENCHI ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and TENCHI agree otherwise, the arbitrator may not consolidate more than one person’ s claims, and may not otherwise preside over any form of a representative or class proceeding.
8.5.6 In the event that TENCHI makes any future change to this arbitration provision (other than a change to the TENCHI’ s address for Notice), You may reject any such change by sending us written notice within 30 days of the change to TENCHI’ s address for Notice, in which case your account with TENCHI shall be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject shall survive.
8.5.7 If any of this Section 8.5 or the entirety of this Section 8.5 is found to be unenforceable, then the entirety of this Section 8.5 shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue for any action arising out of or related to this ToU shall be the state and federal courts located in Dade County, Florida.
9. DEFINITIONS
9.1 Capitalized terms have the following meanings:
Affiliate means and includes any and all entities that directly or indirectly (either presently or in the future and/or through one or more intermediaries) control, are controlled by, or are under common control with the organization.
Anonymized Data means data relating to the holder that cannot be identified, considering the use of reasonable and available technical means at the time of its processing.
Applicable Data Protection Laws means any data protection laws and regulations that are applicable in any jurisdiction where ZANSHIN® is used by an AUTHORIZED USER, including without limitation, as applicable, the General Law on the Protection of Personal Data, GDPR, and the CCPA.
AUTHORIZED USER means any natural person who has access to and use of ZANSHIN® authorized by TENCHI through an account and login access.
“CCPA” or “California Consumer Privacy Act” means Cal. Civ. Code Title 1.81.5, §§ 1798.100 et seq., as amended by the California Privacy Rights Act (CPRA).
CLIENT has the meaning set forth in the preamble to these ToU.
Content means any text, data, information, images or videos inserted or disseminated by any CLIENT, THIRD-PARTY, AUTHORIZED USER or other person, which is subject to monitoring or any interaction through ZANSHIN®.
Data means all uploaded data and/or Content and all data derived from it, including personal data, that are subject to monitoring by ZANSHIN®.
Documentation means the user guides, installation documents, safety fundamentals documentation and specifications for ZANSHIN® that are made available from time to time by TENCHI in electronic or tangible form, but excluding any sales or marketing materials.
GDPR means Regulation (EU) 2016/679, the General Data Protection Regulation, together with any additional implementing legislation, rules or regulations that are issued by applicable supervisory authorities.
General Law on the Protection of Personal Data means Law No. 13,709/2018 (Brazil), as amended, consolidated, enacted or replaced from time to time.
Intellectual Property means the material, technology or processes owned by a Party, including services, tools, software, proprietary framework and methodology, designs of hardware, algorithms, objects and documentation (printed and electronic), network designs, know-how, trade secrets and any related intellectual property rights throughout the world (whether owned or licensed by others) and any derivatives, improvements, enhancements or extensions of such intellectual property however conceived, reduced to practice or developed.
Personal Data means personal information that includes, without limitation, names, phone numbers, mailing and email addresses, credit card information, social security numbers, and account or financial information of any and all other persons or entities who provide personally
identifiable information to TENCHI for the purposes of using the Services hereunder.
Sensitive Personal Data means Personal Data regarding data about racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic or biometric data, health, and sex life or sexual orientation.
Service Order means the TENCHI quotation approved by its recipient or other requisition document sent to TENCHI, including acceptance of the proposal, to request the use of ZANSHIN®, which refers to commercial and payment conditions, license quantities and other applicable terms.
Suggestions means any idea or suggestion for improvements, new features, functionalities, corrections, enhancements or changes to the SaaS products suggested by any person (including CLIENT, THIRD-PARTY or AUTHORIZED USER) to TENCHI, whether or not the same constitutes Intellectual Property under applicable legislation.
Testing Services has the meaning provided for in item 1.7.
TENCHI has the meaning set forth in the preamble to these ToU.
THIRD-PARTY has the meaning set forth in the preamble to these ToU.
ToU means these Terms of Use as amended from time to time.
Usage Data means data generated in connection with your access to and use of ZANSHIN® and data derived from them.
User Data means all data and/or content uploaded for the access and use of ZANSHIN® by You and any data derived from them, including Personal Data. For the avoidance of doubt, User Data does not include Usage Data.
ZANSHIN® means the proprietary software product offered on a software as a service (SaaS) basis by TENCHI to CLIENT pursuant to a license agreement, as described in the Documentation (including any updates to ZANSHIN® developed by TENCHI in its sole discretion, and any software, system and local installed software agents and connectors that interact with ZANSHIN® as may be provided by TENCHI in connection with ZANSHIN®).