Genymotion SaaS

– EULA –

PLEASE READ CAREFULLY: IF YOU ARE ACCEPTING THESE TERMS OF USE (“AGREEMENT”) ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY (“CUSTOMER”), YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND THE CUSTOMER TO THIS AGREEMENT. UNLESS THE CUSTOMER HAS ANOTHER VALID AGREEMENT FOR THE PURCHASE AND USE OF GENYMOBILE SAS. (“GENYMOBILE”) PRODUCTS (AS DEFINED BELOW), THIS AGREEMENT GOVERNS YOUR RIGHTS TO THE GENYMOBILE PRODUCTS.

BY CLICKING “ACCEPT” CUSTOMER ACCEPTS THIS AGREEMENT AND THE AGREEMENT WILL BE DEEMED A BINDING CONTRACT BETWEEN GENYMOBILE AND CUSTOMER. IF CUSTOMER DOES NOT AGREE TO OR CANNOT COMPLY WITH ALL OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT OR IF YOU DO NOT HAVE AUTHORITY TO BIND THE CUSTOMER, THEN DO NOT CLICK “ACCEPT” AND CUSTOMER WILL NOT BE AUTHORIZED TO USE THE PRODUCTS.

This Agreement is entered into as of the earlier date that Customer accepts the terms and conditions herein or, if earlier, first orders any product (the “Effective Date”).

1. Definitions

Software means all cloud services and documentation created or managed by Genymobile and made available to Customer under this Agreement.

a. “Product” means Genymotion SaaS (Software as a Service), the integrated solution, made available by access to and use of software hosted by the Genymotion infrastructure.

b. “Order” means any purchase order, product schedule, or ordering document between Customer and Genymobile that identifies the product licensed and any applicable licensing parameters (e.g., the number of licenses).

c. “Documentation” shall mean, in digital, printed, or another form, the technical, user and reference manuals, notes, instructions and summaries, technical release notes, Specifications, and any other supporting documentation, including but not limited to the data dictionary (business descriptions of the content of each table and business descriptions of the content of each column within a table) for any databases, which will be written in English, related to the Software.

2. Rights of Access and Use

Subject to the terms and conditions of this Agreement, and subject to Customer payment of applicable fees as defined below, Genymobile grants you a worldwide, non-exclusive, non-transferable right to access and use the Software during the applicable License Term under the applicable Documentation.

Customer may provide access to the product to its employees, contractors, customers, and affiliates (and any employees and contractors of such affiliates). Provided Customer is responsible for their actions that violate the terms of this Agreement. 

The license granted under this Section 2 shall terminate upon the termination or expiration of this Agreement.

3. Use Restrictions; Customer Obligations

Genymobile respects the intellectual property rights of others and expects users to do the same. Customer may not use Genymobile’s Software for any illegal use, and may not use Genymobile’s Software in any way which violates the intellectual property rights of others.

As a condition of the license granted in Section 2, Customer shall not itself and shall not authorize or permit any third party to (a) reverse engineer, decompile, decode, decrypt, disassemble, or attempt to derive any source code from the product (except and only to the extent any foregoing restriction is prohibited by applicable law); (b) use the Documentation except for supporting Customer’s authorized use of the product; or (c) use the product to store or transmit malicious code or infringing, libelous, unlawful or tortious material; or (d) disrupt the integrity or performance of any product; or (i) employ or authorize a Genymobile Competitor to use or view the product or Documentation, or to provide management, support or similar services with regard to the product without the prior written consent of Genymobile. 

Customer shall use commercially reasonable efforts to prevent unauthorized access to or use of any product and notify Genymobile promptly of any such unauthorized access or use. 

4. Fee and Payment

Genymobile offers several plan types, which may include a free trial plan of 60 min with 2VDs. Customer shall then pay to Genymobile the fees according to Genymobile’s publicly listed pricing terms on Genymotion’s website, or as mutually agreed between the parties in writing. Customer agree that applicable fees include the plan base charge plus any minutes overage charges you incur based on your usage volume.

Customer agree to provide valid and updated payment information to Genymobile. If Genymobile cannot charge Customer for applicable fees 24 hours after payment is due, Genymobile may suspend Customer use of the Software. Fees are non-refundable, and payable weekly or monthly via credit card, or as mutually agreed between the parties in writing. 

If the total consumption represents more than a specified amount, Genymobile will activate a billing threshold. With a default value of $150, this billing threshold shall issue an intermediate payment, but do not reset the current billing cycle. However, this amount can be enlarged or disabled for some clients automatically or upon request.

Genymobile may modify the fees it charges for the Software at any time but will give existing customers at least 90 days’ written notice before any changes in fees take effect.

5. Confidentiality

Both Parties acknowledge that either Party may receive (the “Receiving Party”) Confidential Information from the other Party (the “Disclosing Party”) during the term of this Agreement, and such Confidential Information will be deemed to have been received in confidence and will be used only for purposes of this Agreement.  

The Receiving Party shall use the Disclosing Party’s Confidential Information only to perform its obligations under this Agreement and disclose the Disclosing Party’s Confidential Information only to the Receiving Party’s personnel needing to know the information for the purpose of this Agreement.  

The Receiving Party shall treat the Confidential Information as it does its own valuable and sensitive information of a similar nature and, in any event, with not less than a reasonable degree of care.

Upon the Disclosing Party’s written request, the Receiving Party shall return or certify the destruction of all Confidential Information, and the obligation of confidentiality shall continue for three (3) years from the expiration or termination of this Agreement; provided, however, the Receiving Party shall keep (i) any personally identifiable information (“PII”) confidential in perpetuity; and (ii) any trade secrets of the Disclosing Party confidential as long as such information is deemed a trade secret.

a. Definition

“Confidential Information” includes, without limitation, (i) all information and data communicated by either Party that should reasonably be considered confidential under the circumstances, whether in oral, written, or electronic form or any other form whatsoever notwithstanding whether it was identified as such at the time of disclosure; (ii) all information identified as confidential to which Receiving Party has access in connection with the subject matter hereof, whether before or after the Effective Date; and (iii) this Agreement, and shall include without limitation (A) all trade secrets, (B) Deliverables, research, developmental, manufacturing, operating, performance, process, product and any other technical information, know how, samples, models, apparatus and all data bearing media containing or disclosing such information and techniques which are made available during the negotiation and performance of this Agreement and includes the existence of this Agreement, negotiation and provisions of this Agreement and the subject matter related thereto, and (C) information relating to business plans, sales or marketing methods and customer lists or requirements.  

b. Non-disclosure and Non-Use

The Receiving Party may use the Confidential Information solely for purposes of this Agreement.  No other use will be made of the Confidential Information by the Receiving Party or its Representatives, it being recognized that the Disclosing Party has reserved all rights to the Confidential Information not expressly granted herein. 

The Receiving Party shall, and shall cause its Representatives to, protect the Confidential Information by using the same degree of care to prevent the unauthorized disclosure of such Confidential Information as the Receiving Party uses to protect its own confidential information of a like nature.  

The obligations of either Party under this Section will not apply to information that the Receiving Party can demonstrate (i) was in its possession at the time of disclosure and without restriction as to confidentiality; (ii) at the time of disclosure is generally available to the public or after disclosure becomes generally available to the public through no breach of agreement or other wrongful act by the Receiving Party; provided, however, PII remains subject to confidentiality obligations regardless of its availability to the public or availability through unauthorized disclosure; (iii) has been received from a third party without restriction on disclosure and without breach of agreement or other wrongful act by the Receiving Party; or (iv) is independently developed by the Receiving Party without regard to the Confidential Information of the other Party.

6. Ownership

This is a subscription agreement for use of Genymobile product and not an agreement for sale. Customer acknowledges that it is obtaining only a limited right to the Genymobile product and that irrespective of any use of the words “purchase”, “sale” or like terms hereunder no ownership rights are being conveyed to Customer under this Agreement. 

Genymobile and its suppliers own and retain all rights, title, and (except as expressly licensed in this Agreement) interest in and to the product. Customer is not obligated to provide Genymobile with any suggestions or feedback about the products or services (“Feedback”). To the extent Customer does provide Feedback to Genymobile, Customer assigns ownership of such Feedback to Genymobile and Genymobile may use and modify such Feedback without any obligation, restriction, or payment. 

Further, Customer acknowledges that the Genymobile product is offered as an on-line solution and that Customer has no right to obtain a copy of the Genymobile product itself.

7. Indemnity

a. Indemnification by Genymobile

Genymobile shall at its cost and expense (i) defend or settle any claim brought against Customer and its directors, officers, and employees (“Customer Indemnitee(s)”) against and from any and all online unaffiliated third party substantiated claims resulting from,  the infringement of that third party’s intellectual property right(s) caused by Customer’s use of the product and (ii) pay, indemnify and hold Customer Indemnitees harmless from any settlement of such claim or any damages finally awarded to such third party by a court of competent jurisdiction as a result of such claim.

b. Indemnification for Genymobile

Should a customer build their product leveraging the Genymobile product (Genymotion SaaS) for further use by downstream customer, Customer shall at its cost and expense (i) defend or settle any claim brought against Genymobile and its directors, officers, and employees (“Genymobile Indemnitee(s)”) by an unaffiliated third party alleging that downstream customer’s use of the customer’s product infringes or violates that third party’s intellectual property right(s), and (ii) pay, indemnify and hold Genymobile Indemnitees harmless from any settlement of such claim or any damages finally awarded to such third party by a court of competent jurisdiction as a result of such claim.

c. Remedies

If a claim under Section 7.a occurs or in Genymobile’s opinion is reasonably likely to occur, Genymobile may at its expense and sole discretion: (i) procure the right to allow Customer to continue using the applicable product, (ii) modify or replace the applicable product to become non-infringing, or (iii) if neither (i) nor (ii) is commercially practicable, terminate Customer’s license to the affected portion of applicable product and credit to the Customer Genymotion Cloud account a portion of the prepaid, unused license fees paid by Customer corresponding to such product.

d. Exclusions

Genymobile shall have no obligations under this Section 7.a if the claim is based upon or arises out of (i) any modification to the applicable product not made by or at the direction of Genymobile, (ii) any combination or use of the applicable product with any third party products or systems, to the extent that such claim is based on such combination or use, (iii) Customer’s continued use of the allegedly infringing technology after being notified of the infringement claim, (iv) Customer’s failure to use Updates made available by Genymobile, (v) Customer’s failure to use the product in accordance with the applicable Documentation, and/or (vi) use of the product outside the scope of the license granted under this Agreement. This Section 7.a constitutes Customer’s sole and exclusive remedies, and Genymobile’s entire liability, with respect to infringement of third party intellectual property rights.

e. Indemnification by Customer

Customer shall at its cost and expense (i) defend or settle any claim brought against Genymobile and its directors, officers, and employees (“Genymobile Indemnitee(s)”) by an unaffiliated third party alleging that the Customer Data infringes or violates a third party’s intellectual property or privacy right(s), and (ii) pay, indemnify and hold Genymobile Indemnitees harmless from any settlement of such claim or any damages finally awarded to such third party by a court of competent jurisdiction as a result of such claim. “Customer Data” means any data originated by Customer or Customer Representatives that Customer or Customer Representatives submit to the product.

e. Procedures

In the event of a Company Claim or Genymobile Claim, the applicable party (the “Indemnifying Party”) will: (i) give the other party (the “Indemnified Party”) prompt written notice of any such claim; provided, however, that failure to provide such notice shall not relieve the Indemnifying Party of its liabilities or obligations hereunder, except solely to the extent of any material prejudice as a direct result of such failure; (ii) cooperate with the Indemnifying Party, at Indemnifying Party’s sole cost and expense, in connection with the defense and settlement of the such claim; and (iii) permit the Indemnifying Party to select counsel (but with the Indemnified Party’s advice and input) and to control the defense and settlement of the claim; provided that Indemnifying Party may not settle any claim or take any other action to the extent such settlement or other action would materially adversely impact Indemnified Party’s rights, obligations or business operations without Indemnified Party’s  prior written consent.  

Indemnified Party, at its cost and expense, may participate in the defense of the claim through counsel of its own choosing.  Notwithstanding the foregoing, if Indemnifying Party fails to assume the defense of any claim within thirty (30) calendar days after Indemnifying Party receives a request for indemnification under this Section, Indemnified Party shall control its own defense and follow such course of action as it reasonably deems necessary to protect its interests and shall be fully indemnified by Indemnifying Party for all costs (including attorneys’ fees and settlement payments) reasonably incurred in such course of action 

8. Support and Maintenance Services

GenyMobile shall provide Company with the Support Services described in this Exhibit and Company shall pay Genymobile according to the support fee described by Genymobile upon request. 

a. Escalation Procedures

The following definitions of escalation levels are to be used as guidelines by Company and Genymobile personnel to define each Party’s obligations before any problem or issue will be escalated to the next defined level.  

The activities identified are the minimum required and, upon the mutual agreement of both Genymobile and Company, can be supplemented by further actions during the course of the investigation to effect a resolution for the issue or problem; however, Company reserves the right to escalate any issue to any reasonable level at any time based on the impact to Company’s business as determined by Company at its sole discretion.

  • First Level Support: Company will provide basic help desk functions to its locations directly (“First Level Support”).

Typically, First Level Support will include product information, configuration guidance and assistance, product and problem analysis, fact and information gathering for correction of problems, as well as attempting to duplicate the problem. 

Genymobile shall have no responsibility for any such First Level Support.  Company agrees to forward relevant technical information and initial problem diagnosis relating to a request for assistance to Genymobile.

  • Second Level Support: Second Level Support will be provided by Genymobile’s support center in accordance with Subsection (b) below in the event First Level Support is unable to resolve a problem.

Genymobile’s Second Level Support may include a more detailed diagnosis service for identifying complex problems, provision of Error Corrections. assistance on First Level Support issues or when Company is unable to resolve First Level Support issues, errors, and design faults that cannot be resolved by First Level Support.

  • Third Level Support: If a problem cannot be resolved with Second Level Support, Genymobile will provide the Company with advanced Error Corrections up to, but not including, code-level fixes.
  • Fourth Level Support: The correction of Errors requiring code-level fixes.  

b. Severity Designations

Company, at its sole discretion, agrees to use the following severity levels to determine the severity level of any failure of the Licensed Technology: 

  • Severity 1: The Licensed Technology cannot be used and no usable workaround exists.  The resulting situation is critical to the operation of the business, causing or continued use is likely to cause data loss/corruption, or fails catastrophically.
  • Severity 2: occurs when important features of the Company Software or Hosted Services do not function in accordance with the Software Documentation.
  • Severity 3: occurs when a minor system impact restricts the use of features and functionality of the Company Software or the Hosted Services. Or when an End User has a question regarding the functionality of the Company Software or Hosted Services, or an Update request.

c. Resolution Times

Genymobile and Company agree to the following response times schedule for errors reported to Genymobile utilizing the above severity designations previously defined.

  • Severity 1 – For Severity Level 1: Company shall respond to the email, within the same working day, to determine the problem, only after the reception of all the technical elements requested by Company. Company shall then use its best efforts to provide Company with a resolution within the same working day the support team received the ticket.
    For Level Basic and Bronze: If the Support team receives the ticket by the end of the day – Paris time, the resolution will be shared the next morning.
  • Severity 2 – For Severity Level 2: Company shall respond to the email, within the following working days, to determine the problem, only after the reception of all the technical elements requested by Company. Company shall then use its best efforts to provide Company with a resolution within forty-eight (48) hours, and status report via email, upon request, and in a reasonable period of time.
  • Severity 3 – For Severity Level 3: Company shall respond to the email within forty-eight (48) hours to assess the problem and determine a time period in which the issue will be addressed. Company shall provide Company with a resolution status report upon request and in a reasonable period of time.

Company shall provide Company with the Severity applicable to an Error at the time Company initiates a technical support email to Company.

9. Warranties

Genymobile represents and warrants that it has the legal power and authority to enter into this Agreement.

a. Product

Genymobile represents and warrants to Customer that the product materially conforms to the specifications specified in the relevant Documentation. Genymobile does not warrant that the functions contained in the Software will meet specific requirements or that the operation of the Software will be correct, uninterrupted, or error-free.

Customer must notify Genymobile of any warranty deficiencies within thirty (30) days from the provision of the deficient product. 

Customer’s sole and exclusive remedy and the entire liability of Genymobile for Genymobile’s breach of this warranty will be for Genymobile, at its option, to (i) repair such product (and/or deliver new applicable Software) or (ii) terminate the applicable License Term and credit to the Customer Genymotion Cloud account any prepaid, unused subscription fees paid to Genymobile for the unused period of any such terminated License Term.

b. Professional Services

Customer may order professional services from Genymobile. Such professional services shall be subject to the terms and conditions of this Agreement and mutually agreed-upon statement of work (if any). 

For ninety (90) days following the date of delivery of any professional service by Genymobile to Customer, Genymobile represents and warrants that such professional services shall be professional, workman-like, and performed in a manner conforming to generally accepted industry standards and practices for similar services. 

Customer’s sole and exclusive remedy and the entire liability of Genymobile for Genymobile’s breach of this warranty will be for Genymobile, at its option, to re-perform the non-conforming services or credit to the Customer Genymotion Cloud account the fees paid for such non-conforming professional services.

c. Exclusions

The express warranties do not apply if the applicable product (i) has been modified, except by or at the direction of Genymobile, (ii) has not been used, or maintained in accordance with this Agreement and Documentation, (iii) has been subjected to abnormal stress, misuse, negligence or accident, and/or (iv) is used with any other software or products not specified in the Documentation. Additionally, these warranties only apply if notice of a warranty claim is provided within the applicable warranty period.

d. Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT FOR THE WARRANTIES EXPRESSLY STATED IN THIS SECTION 9, THE PRODUCT AND SERVICES ARE PROVIDED “AS IS,” AND GENYMOBILE PROVIDES NO OTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND GENYMOBILE SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

10. Term and Termination

The License to the Software provided by Genymobile to Licensee under these Terms and Conditions, and any additional written agreement signed by both parties, shall commence on the Effective Date and, unless terminated in accordance with the provisions hereof, is granted for successive one (1) week, month or year periods in accordance with the Customer selected plan, unless either party provides, at least seven (7) days’ prior to the end of the then-current term of the License, written notice to the other party of its intent not to renew (“Notice”). 

Upon such receipt of such Notice by the non-sending party, the License shall terminate upon the expiration of its then-current term. By exception to the above, any License subscribed during a Free Trial Period shall commence on the day after the end date of the Free Trial Period.

11. Limitation of Liabilities

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT FOR ANY BREACHES OF OR FOR LIABILITY ARISING OUT OF SECTION 3 (RESTRICTIONS), 5 (CONFIDENTIALITY) OR A PARTY’S INDEMNIFICATION OBLIGATIONS UNDER THIS AGREEMENT, OR CUSTOMER’S PAYMENT OBLIGATIONS, NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY IN CONNECTION WITH THIS AGREEMENT OR THE SUBJECT MATTER HEREOF (UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STATUTE, TORT OR OTHERWISE) FOR: (a) ANY LOST PROFITS, LOST BUSINESS OPPORTUNITIES, LOST DATA, OR SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES OR SUCH DAMAGES OR LOSSES WERE REASONABLY FORESEEABLE, OR (b) AN AMOUNT THAT EXCEEDS THE TOTAL FEES PAYABLE TO GENYMOBILE FOR THE RELEVANT PRODUCT OR SERVICE DURING THE TWELVE-MONTH PERIOD BEFORE THE EVENT GIVING RISE TO SUCH LIABILITY. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY SPECIFIED IN THIS AGREEMENT. MULTIPLE CLAIMS SHALL NOT EXPAND THE LIMITATIONS SPECIFIED IN THIS SECTION 11.

12. General

a. Export/Import

To the extent applicable, the product and Documentation may be subject to U.S. and foreign import and export control laws and regulations. Customer agrees to comply with all such regulations applicable to Customer, including obtaining applicable import licenses.

b. U.S. Government End Users

To the extent applicable, the Product, and Documentation are “commercial items,” as that term is defined in 48 C.F.R. 2.101, consisting of “commercial computer software” and “commercial computer software documentation,” as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R.227.7202-1 through 227.729204, the product and Documentation are being licensed to U.S. Government end users only as “commercial items” and with only those rights as are granted to all other end users pursuant to the terms and conditions of this Agreement.

c. In-Licensed Materials and Open Source

The product may contain or may interoperate with software services or another technology that is not owned by Genymobile but has been licensed to Genymobile by a third party or that is available under open source or free software licenses (“In-Licensed Materials”). 

The In-Licensed Materials may be subject to additional terms and conditions made available as required to Customer. 

To the extent Genymobile uses open-source software in its product, the applicable licenses shall not restrict the license rights granted to Customer under this Agreement or impose further obligations or restrictions upon Customer, provided Customer uses the product in accordance with this Agreement.

d. Governing Law and Jurisdiction

The parties hereto agree that the Paris Court of Commerce will have exclusive jurisdiction to resolve any dispute between the Licensee and GENYMOBILE arising from or in connection with these Terms and Conditions. Notwithstanding the foregoing, the parties may apply to any court of competent jurisdiction for injunctive relief.

These Terms and Conditions shall be governed by French law, exclusive of any of its conflicts of law or international private law rules or principles that would result in the application of the law of any other jurisdiction.

e. Assignment

Neither party may assign these Terms and Conditions, or sublicense, assign or delegate any of its rights or obligations, in whole or in part under these Terms and Conditions without the advance written consent of the other party. Any attempted or purported assignment thereof by a party without the other party’s consent shall open the right for the other party to terminate the Agreement immediately upon written notice. Notwithstanding the foregoing, Genymobile may assign and shall be fully discharged of the performance of these Terms and Conditions without such prior written consent in the context of a change of control, a merger, acquisition, or sale of all or substantially all of its assets. 

f. Data Communications

Genymobile may or may not collect, access, use, store, safeguard, disclose and transfer (“Process”) Personal Information (i) for this Agreement, including without limitation, to implement and deliver the product and its features and associated services, provide Customer support, and help Customer prevent or address service or technical problems, (ii) as otherwise expressly permitted by Customer in writing, or (iii) as compelled by law. Customer shall make such disclosures, obtain such consents, and provide such access, choices, and other applicable rights to individual users about the Processing of Personal Information as are required under applicable law, rules, or regulations. “Personal Information” means any information relating to an identified or identifiable individual user that is obtained by or communicated to Genymobile by Customer in performance by Genymobile of its obligations under this Agreement. Genymobile may or may not collect, analyze, and use aggregated, de-identified technical data and related information (such as product or feature usage, device metrics/metadata, or mobile application usage) to facilitate market research, product development/improvement, and to provide support and maintenance services. Genymobile may or may not use, store, or disclose such information or material derived from such information, as long as it is in a form that does not identify or is not attributable to any individual.

g. Equitable Relief

The parties agree that a material breach of this Agreement adversely affecting Genymobile’s or its suppliers’ intellectual property rights in the product or either party’s Confidential Information may cause irreparable injury to such party for which monetary damages would be an inadequate remedy and the non-breaching party shall be entitled to equitable relief (without a requirement to post a bond) in addition to any remedies it may have under this Agreement or at law.

h. Publicity

Genymobile may publicly disclose that (i) Customer is a client of Genymobile and a licensee of the software, (ii) including in a list of Genymobile customers and (iii) other promotional materials as publicity, press or news release, or another public statement concerning the relationship between the Parties with the name, trademarks, or service marks of Customer.

All communication can be canceled by Customer, at any time, by giving Genymobile written notice of such revocation.

i. Independent Contractor

The parties are independent contractors. This Agreement shall not establish any relationship of partnership, joint venture, employment, franchise, or agency between the parties.

j. Waiver & Severability; Amendments

The failure of either party to enforce any provision of this Agreement shall not constitute a waiver of any other provision or any subsequent breach. If any provision of this Agreement is held to be illegal, invalid, or unenforceable, the provision will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remaining provisions of this Agreement will remain in full force and effect. This Agreement may only be amended, or any term or condition set forth herein waived, by written consent of both parties.

k. Notices

Except as otherwise provided in this Agreement, all legal notices to Customer will be given in writing to any Customer address listed on the applicable Order. All legal notices to Genymobile will be given in writing to Genymobile SAS, 34 rue de Montmorency 75003 Paris, FRANCE., Attention: Chief Operating Officer. 

Such notices will be effective (a) when personally delivered, (b) on the reported delivery date if sent by a recognized international or overnight courier, or (c) five business days after being sent by registered or certified mail (or ten days for international mail). For clarity, purchase orders, invoices, and other documents relating to order processing and payment are not legal notices and may be delivered electronically by Genymobile and Customer’s standard ordering procedures.

l. Entire Agreement

This Agreement consists of these terms and conditions, and the attached schedule(s), which are incorporated by reference. This Agreement constitutes the entire agreement between the parties with respect to its subject matter and supersedes and cancels all prior agreements, representations, communications, and understandings of the parties, written or oral, relating to such subject matter, and is not intended to confer upon any person other than the signatories below any rights or remedies. This Agreement prevails over any conflicting or additional terms of any ordering document, acknowledgment, confirmation, or other document issued by Customer before or after the execution of this Agreement unless such conflicting or additional terms have been introduced via an amendment and accepted in writing by both parties. The headings of sections of this Agreement are for convenience and are not for use in interpreting this Agreement.


A. Service Level Agreement

These SLAs apply to all Genymotion SaaS users on mutualized streamers. For dedicated ones (streamers and SLAs with specific conditions and uptime) and the additional fee required, please contact [email protected]

Genymobile will provide a Monthly Uptime Percentage to Customer of 99.9%. 

If Genymobile does not meet the SLA, and if Customer (monthly or annual paying clients) meets its obligations under the SLA, Customer will be eligible to receive compensation (financial credits) described below.

“Downtime” means either of the following occurs:

  • Genymobile Cloud’s website www.cloud.geny.io, including any app-specific URL, is inaccessible or returns HTTP status codes starting with 5 (e.g., 500, 503)
  • Genymobile’s streaming servers fail to start sending frames to users after 3 consecutively devices start and after receiving a connection from the user (devices fail to start consecutively)

“Downtime Period” means a period of at least five consecutive minutes of Downtime.

“Service Availability Percentage” means the total number of minutes in a month, minus the total number of minutes of Downtime suffered from all Downtime Periods in a month, divided by the total number of minutes in a month.

“Compensation” means a credit percentage that will apply to future use on cloud.geny.io as listed below:

Services Availability PercentageCredit Percentage
99.9% or greaterNo Credit
98.00% to 99.89%10%
96.00% to 97.99%20%
95.00% to 95.99%25%
94,01% to 94.99%50%

Customer must request compensation within 30 days of eligibility. Failure to comply with this requirement will forfeit the Customer’s right to receive compensation.


B. Sessions & Data Security

The privacy and security of your data are our top priority.

Genymotion’s website (cloud.geny.io) maintains a formal security program designed to:

  1. Ensure the security and integrity of your data.
  2. Protect against threats or hazards to the security or integrity of your data.
  3. Prevent unauthorized access to your data.

Without limiting the forgoing Genymotion’s website (cloud.geny.io), follows the following security policies and procedures:

Data

  • The data is stored or processed in Canada and France on OVH servers.
  • The data backed-up or archived is located in France.
  • Users’ data is transferred between our organization and them through HTTPS and WSS connections – TLS 1.2 1.3
  • If you need any specific documentation/guidance on how we comply with GDPR, please check our Private policy explained here.

Security Review – Security Management

  • We performed internal security audits of our code or application that, at a minimum, addressed the OWASP Top 10 (GitHub security, Lynis, Ansible…)
  • A security audit has been performed by an external third-party  (https://detectify.com)
  • Users’ data (stored on our servers or within our applications) are well protected. We host our service on the OVH data center, which has ISO, SOC certifications, and Information Systems Security Policy. And we are using/communicating with other third-party providers such as Cloudflare (Firewalling, rate limiting, CDN, and DDOS protection) or Sendgrid (transactional emails).
  • We prevent other customers from obtaining access to data provided by users thanks to ACLs to control access to the resources. And we use the Cloudflare Access solution to provide BeyondCorp-style remote access for internal tools and back offices.
  • For dealing with externally-reported security issues, we provide a Responsible Disclosure available here.

Security Review – Technical Design

  • We support full SSL/TLS communication for all inbound and outbound communications (TLS 1.2 and 1.3).
  • For user authentication, we support username/password and, shortly, API key. 
  • Single Sign-On (SSO) is not supported but currently on our roadmap.
  • Authentication secrets (e.g., passwords) are stored in a non-reversible form within our database (e.g., hashing) as they are salted & hashed (PBKDF2 algorithm with a SHA256 hash).
  • Salts added to the hashing algorithm are unique for each user.