Bitext Terms of Service
Welcome to Bitext. Please read these terms carefully before you use the Bitext service.
These Terms of Service set out the terms of a contract between us and our customers. They describe the Bitext service we will provide to you, how we will work together, and other aspects of our business relationship. We cannot provide the Bitext service to you unless you agree to them. We are Bitext Innovations S.L, a company registered in Spain company tax id number ESB85291649 and whose registered office and principal place of business is at 8, Jose Echegaray St. Madrid 28233 Las Rozas de Madrid, Spain. We are referred to as “we”, “us” or “Bitext” in these Terms of Service. “You” means the person or entity requesting access to the Bitext service.
Your attention is drawn in particular to the ability for us to suspend your access to the Bitext Services under section 1.6; section 3, which sets out important disclaimers in respect of the Bitext Services; and the limits of liability in section 14.
If you think that there is a mistake in these terms or they require any changes, or you would like to discuss any of them, please contact us at info@bitext.com
You agree to these Terms of Service on behalf of the entity or organisation whose details you enter on the Bitext website as subscribing to or evaluating the Bitext service. By doing so, you are representing to us that you have the authority to do so.
The binding contract created by your acceptance of these Terms of Service and our acceptance of your order for a subscription is referred to in these Terms of Service as “our agreement”. If you breach any of the terms, we may terminate your access to the Bitext Services.
If not given a meaning right away when they are mentioned, capitalised terms (like “the Bitext Services”, for example) are defined at the end of these Terms of Service in section 17.
1. Usage of the Bitext Services
1.1 You may use the Bitext Services during the period of your Subscription solely for your internal business operations and subject to these Terms of Service. The right to use the Bitext Services applies to you only, and not anyone else (for example, if you are a company, any other company which might be affiliated with you).
1.2 You must ensure that your usage of the Bitext Services does not exceed your Subscription Allocation.
1.3 You must ensure that each of your Authorised Users shall keep a secure password for their use of the Bitext Services, and that each Authorised User shall keep their password confidential. You are responsible for maintaining the security of your account and password. Bitext will not be liable for any loss or damage from your failure to comply with this security obligation. You will be responsible for any activity undertaken using your account credentials.
1.4 You must ensure that you comply at all times with our Acceptable Use Policy, which forms part of our agreement.
1.5 We will be entitled to suspend or disable your access to any User Data Model that breaches the provisions of our agreement.
1.6 Bitext may temporarily disable your account if your usage significantly exceeds the allocation specified in respect of your Subscription. Bitext will contact you before taking any such action, except in rare cases where the level of use may negatively impact the performance of the Bitext Services for other customers.
1.7 From time to time, Bitext may make Beta Services available to you at no charge. You may choose to try such Beta Services at your sole discretion. Bitext makes no warranty or representation regarding any Beta Services, and may discontinue Beta Services at any time in its sole discretion and may never make them generally available.
1.8 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Bitext Services, use of the Bitext Services, or access to the Bitext Services without the express written permission by Bitext.
2. Subscriptions, Upgrades and Downgrades
2.1 You may at any time upgrade your Subscription. If you wish to upgrade your Subscription, you shall pay to Bitext the relevant fees for such additions as set out on the Bitext Website and, if the upgrade is purchased by you part way through a Subscription Period, such fees shall be pro-rated from the date of activation by Bitext for the remainder of the current Subscription Period. If you are upgrading from a Trial Subscription to a paid Subscription, we will charge your payment card immediately and your new Subscription Period starts on the day of upgrade.
2.2 For downgrades in Subscription level, the new rate starts from the end of your current Subscription Period. There will be no prorating for downgrades made mid-Subscription Period.
2.3 You are only permitted to set up one Trial Subscription per legal entity. Any user found setting up multiple Trial Subscriptions for any entity will be terminated and blocked from accessing the Bitext Services immediately.
3. Disclaimers
3.1 Without limitation, the information provided by Bitext regarding any User Data Model is intended for general information only. You acknowledge that Bitext Services are not designed for your own particular individual circumstances and the Bitext Services are not provided as a substitute for bespoke analysis of the User Data Model.
3.2 Bitext makes reasonable efforts to update the algorithms and analysis used to power the Bitext Services, but it makes no representations, warranties or guarantees, whether express or implied, that the Bitext Services or the processes used to generate our evaluation reports are accurate, complete or up to date.
3.3 You assume sole responsibility for results obtained from the use of the Bitext Services by you, for conclusions drawn from such use, and for any use you make of the User Data Model. Bitext shall have no liability for any damage caused by errors or omissions in any information or recommendations provided to Bitext by you in connection with the Bitext Services.
3.4 You acknowledge that the technical processing and transmission of the Bitext Services, including User Data Model, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
4. User Data Model
4.1 You own your User Data Model. You are responsible for the legality, reliability, integrity, accuracy and quality of the User Data Model. Except as set out in our agreement, Bitext will not have any rights to use your User Data Model.
4.2 In the event of any loss or damage to the User Data Model, your sole and exclusive remedy against Bitext shall be for Bitext to use reasonable commercial endeavours to restore the lost or damaged User Data Model from the latest back-up of such User Data Model maintained by Bitext. Bitext shall not be responsible for any loss, destruction, alteration or disclosure of User Data Model caused by any third party (except those third parties sub-contracted by Bitext to perform services related to User Data Model maintenance and back-up).
5. Usage Data
5.1 Bitext uses Usage Data to build features and improve the functionality and feature set of the Bitext Services, and may disclose to third parties aggregated and anonymised research data (which cannot reasonably be used to infer the identity of any user or customer of Bitext) based on the Usage Data and User Data Model. Nothing in our agreement shall restrict Bitext from such use of Usage Data.
6. Bitext’s obligations
6.1 Bitext will perform the Bitext Services substantially in accordance with the Service Description. This does not apply to the extent of any non-conformance which is caused by use of the Bitext Services contrary to Bitext’s instructions, or modification or alteration of the Bitext Services by any party other than Bitext or Bitext’s duly authorised contractors or agents. If the Bitext Services do not conform with the foregoing undertaking, Bitext will, at its expense, use all reasonable commercial endeavours to correct any such non-conformance promptly, or provide you with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes your sole and exclusive remedy for any breach of the undertaking set out in section 6.1. This section does not apply to any Trial Subscription or Beta Services – these are provided ‘as is’ without any such commitment.
6.2 Bitext does not warrant that:
a. your use of the Bitext Services will be uninterrupted or error-free; or
b. that the Bitext Services and/or the information obtained by you through the Bitext Services will meet your particular requirements.
7. Your obligations
You shall:
a. without affecting your other obligations under our agreement, comply with all applicable laws and regulations with respect to your activities under our agreement;
b. ensure that the Authorised Users use the Bitext Services in accordance with the terms and conditions of our agreement and shall be responsible for any Authorised User’s breach of our agreement;
c. obtain and shall maintain all necessary licences, consents, and permissions necessary for Bitext, your contractors and agents to perform their obligations under our agreement, including without limitation the Bitext Services.
8. Charges and payment
8.1 Bitext offers a free trial period (“Trial Subscription”) allowing you up to five (5) tests of the User Data Model. Any use of the Bitext Services thereafter is subject to you agreeing to a paid Subscription.
8.2 Unless you are on a Trial Subscription, you shall pay the Subscription Fees to Bitext for the Subscription. Bitext reserves the right to change the Subscription Fees at any time. We will post changes on the Bitext Website or by e-mail to the address you have provided to us in connection with your account. The changes will be applicable from the end of the then-current Subscription period, or (if you are on a Trial Subscription) at any time.
8.3 You shall provide to Bitext valid, up-to-date and complete credit card details and any other relevant valid, up-to-date and complete contact and billing details and you hereby authorises Bitext to bill such credit card for the Subscription Fees payable in respect of the Initial Subscription Term and thereafter for each Renewal Period.
8.4 All amounts and fees stated or referred to in our agreement:
a. are, subject to section 14.3(b), non-cancellable and non-refundable; and
b. are exclusive of any value added tax, which to the extent applicable shall be added to Bitext’s invoice(s) at the appropriate rate.
8.5 You agree to immediately notify Bitext of any change in your billing address or the credit card used for payment of your Subscription Fees.
8.6 All amounts due under our agreement from you to Bitext shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law). If any such deduction or withholding of any tax is required by law, you will notify Bitext and will pay any additional amounts necessary to ensure that the net amount that Bitext receives, after deduction and withholding, equal the amount Bitext would have received if no deduction or withholding had been required.
9. Proprietary rights
9.1 You acknowledge and agree that Bitext and/or its licensors own all intellectual property rights in the Bitext Services. Except as expressly stated herein, our agreement does not grant you any rights to, under or in, any patents, copyright, database right, trade secrets, trade names, trade marks (whether registered or unregistered), or any other rights or licences in respect of the Bitext Services.
9.2 Bitext confirms that it has all the rights in relation to the Bitext Services that are necessary to grant all the rights it purports to grant under, and in accordance with, the terms of our agreement.
9.3 You may choose to submit comments, feedback, questions, or other information (“Feedback”) to Bitext. Bitext may freely use, copy and exploit any Feedback in any manner without any obligation, royalty or restriction based on intellectual property rights or otherwise.
9.4 You are not permitted to use Bitext logo without Bitext’s prior written approval.
10. Identifying you as a user of Bitext
10.0 You grant to Bitext a royalty-free, worldwide, irrevocable licence for the Subscription Term any logo or other trade mark used by you to identify your goods and services (“User Marks”) for the purposes of (i) providing the Bitext Services; and (ii) identifying you, on the Bitext Website and its sales and marketing materials, as Bitext’s customer. Any further use of the User Marks by Bitext shall be subject to your prior consent. Bitext acknowledges that all goodwill generated through Bitext’s use of any of the User Marks will accrue to you and Bitext hereby assigns and will assign to you any and all goodwill generated through Bitext’s use of any of the User Marks, without payment or other consideration of any kind to Bitext.
11. Confidentiality
11.1 Each party may be given access to Confidential Information from the other party in order to perform its obligations under this agreement. A party’s Confidential Information shall not be deemed to include information that:
a. is or becomes publicly known other than through any act or omission of the receiving party;
b. was in the other party’s lawful possession before the disclosure;
c. is lawfully disclosed to the receiving party by a third party without restriction on disclosure; or
d. is independently developed by the receiving party, which independent development can be shown by written evidence.
11.2 Subject to section 11.4, each party shall hold the other’s Confidential Information in confidence and not make the other’s Confidential Information available to any third party, or use the other’s Confidential Information for any purpose other than the implementation of this agreement.
11.3 Each party shall take all reasonable steps to ensure that the other’s Confidential Information to which it has access is not disclosed or distributed by its employees or agents in violation of the terms of this agreement.
11.4 A party may disclose Confidential Information to the extent such Confidential Information is required to be disclosed by law, by any governmental or other regulatory authority or by a court or other authority of competent jurisdiction, provided that, to the extent it is legally permitted to do so, it gives the other party as much notice of such disclosure as possible and, where notice of disclosure is not prohibited and is given in accordance with this section 11.4, it takes into account the reasonable requests of the other party in relation to the content of such disclosure.
11.5 You acknowledge that details of the Bitext Services, and the results of any performance tests of the Bitext Services, constitute Bitext’s Confidential Information.
11.6 Bitext acknowledges that the User Data Model is your Confidential Information.
11.7 No party shall make, or permit any person to make, any public announcement concerning this agreement without the prior written consent of the other parties (such consent not to be unreasonably withheld or delayed), except as required by law, any governmental or regulatory authority (including, without limitation, any relevant securities exchange), any court or other authority of competent jurisdiction.
11.8 The above provisions of this section 11 shall survive termination of this agreement, however arising.
12. Indemnity
12.1 You shall defend, indemnify and hold harmless Bitext against claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with your User Data Model or any use by you or Authorised Users of the Bitext Services in breach of our agreement.
12.2 Bitext shall indemnify you for any claims, actions, proceedings, expenses and costs (including without limitation court costs and reasonable legal fees) amounts awarded against or incurred by you in relation to a third party claim that your use of the Bitext Services in accordance with our agreement infringes any copyright, database right, UK patent, or trade mark (‘IP Claim’), provided that:
a. Bitext is given prompt notice of any such IP Claim;
b. you provide reasonable co-operation to Bitext in the defence and settlement of such IP Claim, at Bitext’s expense; and
c. Bitext is given sole authority to defend or settle the IP Claim.
12.3 In the defence or settlement of any IP Claim, Bitext may procure the right for you to continue using the Bitext Services, replace or modify the Bitext Services so that they become non-infringing or, if such remedies are not reasonably available, terminate this agreement on 2 Business Days’ notice to you without any additional liability or obligation to pay liquidated damages or other additional costs to you.
12.4 In no event shall Bitext, its employees, agents and sub-contractors be liable to you to the extent that the alleged infringement is based on:
a. the User Data Model or any other data submitted by you; or
b. a modification of the Bitext Services by anyone other than Bitext; or
c. your use of the Bitext Services in a manner contrary to the instructions given to you by Bitext; or
d. your use of the Bitext Services after notice of the alleged or actual infringement from Bitext.
12.5 The foregoing and clause 14 state your sole and exclusive rights and remedies, and Bitext’s (including Bitext’s employees’, agents’ and sub-contractors’) entire obligations and liability, for infringement of any patent, copyright, trade mark, database right or other intellectual property right.
12.6 The indemnity in clause 12.2 above does not apply to free Subscriptions or any Beta Services
13. Changes
13.1 If you have a Trial Subscription, Bitext may at any time update and change any part or all of our agreement.
13.2 If you have a paid Subscription: Bitext may at any time update and change any part or all of our agreement (but not, for avoidance of doubt the Subscription Fees, except as set out in section 8.1). In the event of such a change, Bitext shall notify you of the change by email or by means of a message by means of the Bitext Services (“Change Notice”). The updated terms will become effective and binding on the next business day in the UK after such notification (“Immediate Change”), unless the Change Notice specifies that the change applies upon the commencement of the next Renewal Period (“Renewal Change”). If an Immediate Change operates to your material detriment, and you do not agree to such a change in the terms, you may terminate this agreement on notice in writing to be sent by you within 28 days after the date of the Change Notice. In the event of a Renewal Change, the change will apply from the commencement of the next Renewal Period.
14. Limitation of Liability
14.1 Except as expressly and specifically provided in our agreement:
a. you assume sole responsibility for results obtained from the use of the Bitext Services by you, and for conclusions drawn from such use. Bitext shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to Bitext by you in connection with the Bitext Services, or any actions taken by Bitext at your direction;
b. all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from our agreement; and
c. the Bitext Services are provided to you on an “as is” basis.
14.2 Nothing in our agreement excludes the liability of Bitext:
a. for death or personal injury caused by Bitext’s negligence; or
b. for fraud or fraudulent misrepresentation.
14.3 Subject to section 14.1 and section 14.2:
a. Bitext shall not be liable whether in tort (including for negligence or breach of statutory duty), contract (including under the indemnity in section 12), misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under our agreement; and
b. Except in relation to Trial Subscriptions and Beta Services, Bitext’s total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of our agreement shall be limited to the greater of £100.00 (one hundred pounds sterling) and the total Subscription Fees paid for the Bitext Services during the 12 months immediately preceding the date on which the claim arose; and
c. In relation to Trial Subscriptions and any Beta Services, Bitext’s total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of our agreement shall be limited to £100 (one hundred pounds sterling).
15. Term and termination
15.1 Our agreement shall, unless otherwise terminated as provided in this section 15, commence on the date of activation of your account and shall continue for the Initial Subscription Term and, thereafter, our agreement shall be automatically renewed for successive periods of the same duration (each a Renewal Period), unless either you or Bitext notifies the other party of termination, in writing, no later than 90 days before the end of the Initial Subscription Term or any Renewal Period (in which case our agreement shall terminate upon the expiry of the applicable Initial Subscription Term or Renewal Period) or it is otherwise terminated in accordance with the provisions of our agreement. The Initial Subscription Term together with any subsequent Renewal Periods shall constitute the Subscription Term.
15.2 We may terminate our agreement at any time immediately on notice, in the event that you breach its terms.
15.3 We may terminate a Trial Subscription at any time on notice to you.
15.4 If you cancel the Bitext Services before the end of your current paid up Subscription Period, your cancellation will take effect immediately, and you will not be charged again. But there will not be any prorating of unused time in the last billing cycle.
15.5 On termination of our agreement for any reason your right to use the Bitext Services will immediately terminate and you shall immediately cease all use of the Bitext Services.
15.6 We will on termination or expiry of our agreement deactivate or delete your account or your access to your account. You will be unable to access your User Data Model following termination of our agreement.
16. Other Important Terms
16.1 Bitext shall have no liability to you under our agreement if it is prevented from or delayed in performing its obligations under our agreement, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of Bitext or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors, provided that you are notified of such an event and its expected duration.
16.2 No failure or delay by Bitext to exercise any right or remedy provided under our agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
16.3 Our agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter. Each party acknowledges that in entering into our agreement it does not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in our agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in our agreement.
16.4 No terms or conditions endorsed on, delivered with, or contained in your purchase conditions, order, confirmation of order, specification or other document shall form part of our agreement except to the extent that Bitext otherwise agrees in writing. Except as stated in these Terms of Service, no variation of our agreement shall be binding unless expressly agreed in writing.
16.5 Bitext may at any time assign, novate, delegate, sub-license or sub-contract any of its rights or obligations under our agreement. You shall not sub-license, assign or transfer any or all of your rights and obligations under our agreement without the prior written consent of Bitext.
16.6 Our agreement does not confer any rights on any person or party (other than the parties to our agreement and, where applicable, their successors and permitted assigns) pursuant to the Contracts (Rights of Third Parties) Act 1999.
16.7 Our agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with our agreement or its subject matter or formation (including non-contractual disputes or claims).
17. Interpretation
17.1 A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established. A reference to writing or written includes e-mail or other durable electronic medium. Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
17.2 The definitions and rules of interpretation in this section apply in our agreement.
Authorised Users: those of your employees, agents and independent contractors who are authorised by you to use the Bitext Services.
Back-up Policy: Bitext’s standard schedule for backing up User Data Model from time to time in force.
Beta Services: any pre-release and beta features within the Bitext Services that Bitext makes available to users in a manner clearly identified with a ‘Beta’ designation.
Confidential Information: information that is proprietary or confidential and is either clearly labelled as such or identified as Confidential Information in clause 11.5 or 11.6.
Initial Subscription Term: the period of one year or (as agreed with Bitext in the Order) one month from the activation of your access to the Bitext Services.
Order: the Bitext-approved form or online subscription process by which you agree to subscribe to the Bitext Services.
Bitext Services: the data model and conversational AI platform evaluation tool services are provided to you under our agreement via the Platform.
Bitext Website: Bitext’s website at https://Bitext.com or any replacement or substitute for it.
Platform: Bitext’s online platform application by means of which the Bitext Services are provided.
Service Description: means the description of the Bitext Services on the Bitext Website.
Subscription: the subscription purchased by you pursuant to section 8.1 which entitle Authorised Users to access and use the Bitext Services in accordance with our agreement, in accordance with the Subscription Allocations.
Subscription Allocation: the usage allocation for your Subscription as agreed with Bitext in your Order.
Subscription Fees: the subscription fees payable by you to Bitext for the Subscription, as set out from time to time on the Bitext Website.
Subscription Period: means the Initial Subscription Term or a Renewal Period (as the case may be).
Subscription Term: has the meaning given in section 15.1 (being the Initial Subscription Term together with any subsequent Renewal Periods).
Trial Subscription: has the meaning ascribed to it in section 8.1.
Usage Data: Bitext’s analytics, collected automatically by means of the Bitext Services, on User Data Model types and usage, how Authorised Users use the Bitext Services, as well as the performance of the User Data Model, the Bitext Services and the Platform.
User Data Model: the digital files uploaded by you, or Authorised Users, in JSON or CSV format (or such other format as may be supported by the Bitext Services) by means of the Platform, for the purpose of receiving the Bitext Services.
Bitext Acceptable Use Policy
You must not access, store, distribute or transmit any viruses or malware, or any material during the course of your use of the Bitext Services that:
a. contains any information relating to an identified or identifiable natural person;
b. impairs or attempts to impair security, integrity or availability of the Bitext Services, including their use by any other customer of Bitext;
c. is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
d. facilitates illegal activity;
e. depicts sexually explicit images;
f. promotes unlawful violence;
g. is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability;
h. is otherwise illegal or causes damage or injury to any person or property;
I. infringes any person’s intellectual property rights;
j. contains branding of any commercial organisation other than your own;
k. impersonates any business or entity;
l. incorporates materials from a third-party web site (other than with the authority of the owner of the rights to those materials).
You must not:
a. except as may be allowed by any applicable law which is incapable of exclusion by agreement between us and you: (i) attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Platform in any form or media or by any means; or (ii) attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Platform; or
b. use or attempt to use the Bitext Services to breach or otherwise circumvent any security or authentication measures, or interfere with or disrupt any user, host or network associated with the Bitext Services; or
c. access all or any part of the Bitext Services in order to build a product or service which competes with the Bitext Services; or
d. use the Bitext Services to provide Bitext Services to third parties; or
e. license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Bitext Services available to any third party except the Authorised Users; or
f. attempt to obtain, or assist third parties in obtaining, access to the Bitext Services, other than as provided under our agreement; or
g. introduce or permit the introduction of, any Virus or Vulnerability into Bitext’s network and information systems. “Virus” means any thing or device (including any software, code, file or programme) which may: prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any programme or data, including the reliability of any programme or data (whether by re-arranging, altering or erasing the programme or data in whole or part or otherwise); or adversely affect the user experience, including worms, trojan horses, viruses and other similar things or devices. “Vulnerability” means a weakness in the computational logic (for example, code) found in software and hardware components of the Platform that when exploited, results in a negative impact to the confidentiality, integrity, or availability of any data on the Platform.