Last updated: October 24, 2024

Multiple Accounts, Transfer Prohibited. Customer shall not have more than one (1) account and shall not sell, trade, or transfer that account to any other person or entity.

Customer Responsibilities. It is Customer’s responsibility to ensure that any of Customer’s websites are compatible with the Service Provider’s tools. If Customer is using an AJAX application, the AJAX application must be designed to allow a crawler to access its content. Customer must use the current version of a well-known Internet browser such as Firefox, Chrome, Safari, Internet Explorer, or Edge. Regardless of the Web browser or coding language used, Customer shall ensure that the Service Provider’s crawler is not blocked by any of the Customer’s technology.

Service Levels. The Services shall be available ninety-nine Percent (99.0%) of the time, measured monthly, excluding holidays and weekends and scheduled maintenance (“Monthly Target Availability”). If Customer requests maintenance during these hours, any uptime or downtime calculation will exclude the periods affected by such maintenance. Further, any downtime resulting from outages of third-party connections or utilities or other reasons beyond Acquia’s control will also be excluded from any such calculation. If the actual monthly availability during two consecutive months or three months in any six-month period was less than the Monthly Target Availability, Customer may terminate the applicable Order upon seven days advance written notice to Acquia. This right to termination is Customer’s sole and exclusive remedy, and Service Provider’s entire liability, in connection with Service availability.

Pricing and Overages. Acquia Optimize is licensed based on the number of pages scanned. The number of pages scanned is defined as the total number of pages and documents crawled by Acquia Optimize in a scan of all Customer domains within the Acquia Optimize platform, where multiple crawls of the same page or document are each individually counted as one scanned page. This information is accessible through the administrator's interface in the Acquia Optimize product, and Acquia, Inc. reserves the right to audit and validate the Customer's usage of the system at any time, typically on a monthly basis, for the purpose of ensuring compliance with the licensing terms.

If the Customer exceeds the number of pages and documents included in their licensing package for any three (3) months in a given twelve-month subscription term, the Customer must either upgrade to an appropriate licensing tier that accommodates the additional usage or reduce the number of pages scanned using available configuration options.

In the event that the Customer neither upgrades to an appropriate tier nor reduces the number of pages scanned or domains, Acquia, Inc. reserves the right to restrict the number of pages scanned to ensure compliance with the licensed limits.

Reliance on the Services; Assumption of the Risk. Customer acknowledges that Acquia Optimize is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Customer acknowledges further that any reliance on the Services is at Customer’s own risk.

Restriction on Pages and Information Scanned. Acquia Optimize is intended to be used to scan only Customer’s public-facing web pages. For the avoidance of doubt, in no event shall Customer utilize Acquia Optimize to scan private areas of Customer’s websites, such as those areas that are password-protected or contain private information about Customer and/or its users, employees, contractors, officers, directors, and/or other agents. In the event Customer so utilizes Acquia Optimize in such a manner, Customer agrees and acknowledges that Acquia shall not be held liable for any damages arising from or related to the same, including but not limited to damages that may arise related to the failure to comply with data protection rules and regulations.

Customer shall utilize Acquia Optimize to scan only those URLs and domains belonging to Customer and/or for which Customer has a license to operate and manage the same. In no event shall the Software be used to scan URLs and domains outside of Customer’s control or otherwise in bad faith. To the extent permitted by law, Customer shall defend, indemnify, and hold harmless Acquia for any and all damages related to or arising from Customer’s breach of this provision.