"Customer," "you," or "your" mean the person or legal entity using or accessing the Platform, and "DynaLens" means YOUR COMPASS FOR MANAGEMENT & TECHNICAL CONSULTING L.L.C.. BY ACCESSING OR USING THE PLATFORM, YOU AGREE TO BE BOUND BY THE TERMS OF SERVICE; AND, IF YOU ARE ENTERING INTO THE TERMS OF SERVICE ON BEHALF OF A LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND THAT ENTITY.
1. License to Customer
Subject to the Terms of Service, DynaLens grants you a non-exclusive, non-sublicensable, non-transferable, revocable, limited license to use the Platform during the Term solely for internal business purposes in accordance with the documentation available at docs.dynalens.ai ("Documentation").
2. Customer Data
You grant DynaLens a royalty-free, worldwide, non-exclusive license to use Customer Data to provide the Platform to you. "Customer Data" means the data and information submitted or transmitted by you or on your behalf for processing by the Platform — including telemetry, configuration, and metadata read from your connected Dynatrace tenant(s) via a read-only API token — as well as the output generated by the Platform for your benefit.
As between you and DynaLens, except for those rights that you expressly grant to DynaLens herein, you retain all rights in and to Customer Data. DynaLens does not write to, modify, or otherwise alter your Dynatrace environment through this connection, and you may revoke your API token at any time.
You also grant DynaLens a limited license to aggregate and de-identify Customer Data to improve the Platform, understand usage, and develop new features, provided that any such aggregated or de-identified data is used and disclosed only in a form that is not identifiable with you or your business.
Customer Data provided to or processed by the solution is not used to train AI models, including shared or cross-customer models. Our policy is that Customer Data remains isolated to the customer's environment and is excluded from model training activities. Any use of Customer Data for model training would require explicit customer authorization and a separate opt-in process.
3. Ownership; Restrictions
DynaLens owns and reserves all right, title, and interest in and to the Platform, the Documentation, all DynaLens confidential information, and all modifications, improvements, and derivative works of any of the foregoing. No rights are granted to you other than as expressly set forth herein. You will not:
- use the Platform other than in accordance with these Terms of Service and applicable laws and regulations;
- use the Platform for the benefit of any third party or make the Platform available to any third party;
- modify, adapt, translate, copy, or create derivative works based on the Platform, or use the Platform to create or distribute any competitive product or service, or perform any benchmark or competitive analysis;
- reverse engineer, decompile, or disassemble the Platform, or attempt to derive or gain access to its object code, source code, or any underlying algorithms or methods; or
- use the Platform to upload, store, or transmit any malicious or harmful code.
4. Access to the Platform
You are responsible for securing your account access credentials and API tokens, and for all use of the Platform via your account(s). DynaLens may suspend or terminate your account and access to the Platform at any time in cases of a security concern or breach of these Terms. If you choose to provide feedback about the Platform, DynaLens may use that feedback without restriction, provided DynaLens will not identify you as its source.
5. Confidentiality
Each party (the "Recipient") will protect the other party's ("Discloser's") Confidential Information using the same degree of care it uses to protect its own information of a similar nature, but in no event less than reasonable care, and will limit access to those employees, affiliates, and service providers who need it for purposes permitted under these Terms of Service.
"Confidential Information" means all nonpublic information disclosed by a party that is designated as confidential or should reasonably be understood to be confidential given the nature of the information. DynaLens's Confidential Information includes the Platform, the Documentation, and related pricing, security, and business information. Confidential Information does not include information that was already known to the Recipient, becomes public without breach of these Terms, or is independently developed without use of the Discloser's Confidential Information.
These confidentiality obligations survive for a period of three (3) years following termination of your access to the Platform, except that obligations with respect to Confidential Information constituting a trade secret continue for as long as that information remains a trade secret under applicable law.
6. Data Privacy
Where DynaLens, as a data processor, processes personal data on your behalf that is subject to applicable data protection laws, the parties will enter into a data processing agreement as required by those laws. Our handling of personal data is further described in our Privacy Policy.
7. Disclaimers; Limitation of Liability
DYNALENS PROVIDES THE PLATFORM, THE DOCUMENTATION, AND ALL OUTPUT "AS-IS" AND EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND RELIABILITY.
Unless expressly stated in an Order Form or a separate written agreement between you and DynaLens, the Platform is provided without service-level commitments, and support is provided on a commercially reasonable basis.
DYNALENS SHALL HAVE NO LIABILITY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, WHETHER ARISING FROM CONTRACT, WARRANTY, TORT, OR OTHERWISE.
8. Platform Data; AI Features
You acknowledge that DynaLens may collect, store, and process technical and system usage data, analytics, and diagnostic information ("Platform Data"), which DynaLens may use to operate and improve the Platform.
Machine learning and generative AI may enable certain Platform functionalities ("AI Features") — including Assist's natural-language answers, root-cause hypotheses, and automated summaries. If provided for your use, AI Features are considered part of the Platform governed by these Terms of Service. DynaLens will clearly indicate which Platform features are AI Features.
You are responsible for configuring and monitoring workflows enabled by AI Features and for reviewing and approving associated output before relying on it, particularly before taking any operational action on its basis. AI Feature output may include inaccuracies and requires human review prior to use. DynaLens will not be liable for loss or damage arising from your misconfiguration or inadequate monitoring of AI Features.
Where AI Features are configured to run with the underlying language model hosted entirely on your own infrastructure ("on-premises" or "air-gapped" deployment), no Customer Data or AI Feature prompts are transmitted to DynaLens or any third-party AI service as part of that processing.
9. Term and Termination
The Term begins on the date you accept these Terms of Service and continues for the duration of your Subscription. Either party may terminate by written notice (email to suffice) — DynaLens for your uncured material breach, or you at any time by contacting info@yourcompass.ca.
Upon termination, your access to the Platform will be disabled. You may export Customer Data for a period of thirty (30) days following termination, after which DynaLens will delete Customer Data in accordance with its data retention practices.
10. Export Control
You will comply with all applicable export control and economic sanctions laws and regulations, and will not export, re-export, or otherwise use the Platform in any country or for any purpose prohibited by such laws. You certify that you are not on any relevant government list of prohibited or restricted persons.
11. Miscellaneous
These Terms of Service contain the entire agreement between the parties with respect to the Platform. Failure to enforce any provision will not constitute a waiver. If any provision is held invalid or unenforceable, it will be enforced to the maximum extent permissible without affecting the remaining provisions. You may not assign your rights or obligations under these Terms without DynaLens's consent. DynaLens may use qualified affiliates and service providers to help provide the Platform, remaining responsible for their actions.
These Terms of Service are governed by the laws of the United Arab Emirates, without regard to conflict-of-law principles, and the parties submit to the exclusive jurisdiction of the courts of the United Arab Emirates.
Contact
YOUR COMPASS FOR MANAGEMENT & TECHNICAL CONSULTING L.L.C.
206 Baynunah 2 Tower, Abu Dhabi, UAE
info@yourcompass.ca