1. THE AGREEMENT
“Sandbox” means the limited, no-cost access to certain features and functionalities of the IndyKite Platform, as made available by IndyKite solely for evaluation, testing, and non-production purposes, and as further described in this Agreement (the “Sandbox Agreement”). The Sandbox is provided subject to the terms and conditions set forth herein and is expressly excluded from any service levels, warranties, support obligations, or other commitments applicable to paid or commercial offerings under the Subscription Agreement.
Any capitalized terms not defined in this agreement shall have the meanings set forth in the Subscription Agreement or other related agreement hereto.
2. ELIGIBILITY AND AVAILABILITY
Sandbox is made available to individual developers and legal entities for the purpose of evaluation, testing, and development of applications using the IndyKite Platform (the “Sandbox Users”). By registering for or accessing any Sandbox, Sandbox Users represent and warrant that it is not accessing such service for competitive benchmarking or reverse engineering, and that their use is solely in accordance with the permitted purposes outlined in this Sandbox Agreement and any associated Documentation, if applicable.
IndyKite reserves the right to perform revisions and update the Sandbox Agreement at any time at its sole discretion without prior notice. Continued use of the Sandbox constitutes acceptance of any applicable terms, policies, or changes. If you do not agree with any such terms or modifications, you should discontinue the use. IndyKite will not be liable for any loss or impact resulting from such changes or discontinued use.
3. SCOPE OF USE AND RESTRICTIONS
Use of the Sandbox is subject to all limitations, obligations, and restrictions under this Sandbox Agreement, including the usage restrictions outlined in Clause 4, and is further subject to additional limitations defined in any associated Documentation, if any, or as communicated by via the Platform. Without limiting the generality of the foregoing:
3.1. Sandbox Users may not use Sandbox to operate live or customer-facing systems, handle sensitive or confidential business data, or support business-critical functions. This includes, but is not limited to:
3.1.1. Managing or storing personally identifiable information (PII), payment data, or other regulated information;
3.1.2. Running applications that are used by end users in real time (i.e., production environments);
3.1.3. Supporting business operations where downtime, data loss, or performance degradation could have a material financial or reputational impact.
3.2. Sandbox Users shall not circumvent or attempt to circumvent any usage caps, feature restrictions, or technical controls applied to the Sandbox.
3.3. Sandbox Users must ensure that only non-production, test, or anonymized data is used within the Sandbox. Use of live, sensitive, or regulated data is strictly prohibited, and any resulting compliance, privacy, or security obligations shall rest solely with the Sandbox User.
3.4. Sandbox Users acknowledge that the Sandbox may not include all features or capabilities available in Purchased Services, and IndyKite makes no representation or guarantee as to compatibility, performance, or continuity.
3.5. Any violation of this clause shall be deemed a material breach of the Sandbox Agreement.
4. USAGE LIMITS AND MONITORING
Sandbox Users understand and acknowledge that the Sandbox has usage limits, such as limits on API calls, storage, the number of users or tenants, and other features. IndyKite may:
4.1. Enforce these limits automatically or manually
4.2. Monitor usage to ensure it stays within fair use
4.3. Slow down or suspend access if usage is too high, unsafe, or outside normal patterns.
IndyKite may request that Sandbox Users upgrade to a Purchased Service if such limits are exceeded or if the Sandbox is used in a manner inconsistent with the Sandbox Agreement or the intended use.
5. SUPPORT, UPTIME, AND MODIFICATIONS
Sandbox is provided “as is” and “as available”, with no service level agreement, technical support obligations, maintenance commitments, or guarantees of uptime or availability. IndyKite may modify, reduce, disable, or discontinue any aspect of the Sandbox at any time without notice, including restricting access to certain APIs, functionality, or environments.
Scheduled maintenance and unscheduled downtime may occur without advance notice or compensation. IndyKite shall have no liability for any loss, degradation, or inaccessibility of the Sandbox or data therein.
6. TERMINATION AND SUSPENSION
The Sandbox is made available for a period of three (3) weeks, unless otherwise agreed in writing by IndyKite.
IndyKite reserves the right to suspend, restrict, or terminate access to the Sandbox at any time, with or without cause, and without prior notice or liability to Sandbox Users. Without limiting the foregoing, IndyKite may immediately suspend the Sandbox where:
6.1. Sandbox Users breach the Sandbox Agreement or any other agreements related hereto;
6.2. Usage of the Sandbox poses operational, reputational, or security risks;
6.3. Continued access to the Sandbox is inconsistent with applicable law, regulations, or IndyKite’s internal risk controls.
Upon termination, all rights granted under the Sandbox shall immediately cease, and access to the Platform and Sandbox Users' data may be revoked without notice.
7. DATA HANDLING AND RETENTION
7.1. IndyKite expressly disclaims any guarantee regarding the storage, backup, availability, or durability of Sandbox Users' data submitted or generated during use of the Sandbox.
7.2. IndyKite shall delete Sandbox Users' data associated with the Sandbox after three (3) weeks or upon termination of access to the Sandbox, whichever occurs first.
7.3. IndyKite shall not be liable for any loss or destruction of Sandbox Users' data due to such deletion;
7.4. Sandbox Users are solely responsible for preserving their data stored under the Sandbox Agreement .
7.5. Sandbox Users acknowledge that certain features related to data export, migration, or interoperability may be limited or unavailable under the Sandbox.
8. TRANSITION TO PURCHASED SERVICES
Sandbox Users may upgrade from Sandbox to Purchased Services at any time by executing an applicable Order Form. Upon such upgrade, the terms and conditions of IndyKite’s Subscription Agreement shall govern the Purchased Services and shall supersede this Sandbox Agreement with respect to those services.
Sandbox Users acknowledge that upgrading to Purchased Services does not include automatic migration or transfer of data, configurations, or access credentials from the Sandbox. Any data or settings within the Sandbox environment will not be preserved or carried over to the Purchased Services.
IndyKite may, at its sole discretion, offer limited assistance during the transition; however, such assistance is provided "as is," without any warranty, guarantee, or obligation. Users are responsible for exporting or replicating any desired configurations or data prior to the end of the Sandbox period or transition.
9. MARKETING COMMUNICATION
By accessing the Sandbox, Sandbox Users acknowledge and agree that IndyKite may process certain business contact information provided during registration (such as name, email address, job title, and associated company) for the purposes of sending product updates, promotional materials, invitations to events, and other relevant communications relating to IndyKite's products and services. Such processing is based on IndyKite’s legitimate interest in promoting its offerings to users of the Sandbox Service as described in our Privacy Policy.
Sandbox Users may opt out of receiving marketing communications at any time by following the unsubscribe instructions in the communication or by contacting IndyKite directly.
10. COMPLIANCE WITH LAWS AND SECURITY OBLIGATIONS
Sandbox Users are solely responsible for ensuring that their access to and use of the Sandbox complies with all applicable laws, regulations, and third-party rights, including those related to data privacy, intellectual property, and export control. Sandbox Users must also implement and maintain appropriate technical, administrative, and organizational measures to secure their systems, data, and any integrations with the Sandbox. IndyKite shall not be responsible for any security incidents, regulatory violations, or third-party claims resulting from the Sandbox User’s failure to comply with such obligations.
11. NO WARRANTIES AND LIMITATION OF LIABILITY
NOTWITHSTANDING ANY PROVISION TO THE CONTRARY IN THIS AGREEMENT, SANDBOX IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. INDYKITE DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND AVAILABILITY.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, INDYKITE SHALL HAVE NO LIABILITY ARISING FROM OR RELATED TO SANDBOX , INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF USE, BUSINESS INTERRUPTION, OR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES.
12. GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law principles. Any disputes arising from or relating to this Agreement shall be subject to the exclusive jurisdiction of the courts located in San Francisco County, California.
