Veeva Engage

Healthcare Professionals’ Terms of Use

Last Updated: December 10, 2021

We, Veeva, operate the Veeva Engage mobile application and related websites (collectively, the “Service”). These Healthcare Professionals’ Terms of Use (“Terms”) govern use of the Service by healthcare professionals and their staff (“you”). If you are located in the European Economic Area, United Kingdom or Switzerland (collectively, the “EEA+”), you are contracting with Veeva Systems Hungary Kft., Alkotás út 50.B. tower, 4th floor, H - 1123, Budapest, Hungary, “Veeva” means this entity in these Terms, and these Terms are governed by Hungarian law without regard to conflict of law principles. If you are located outside of the EEA+, you are contracting with Veeva Systems Inc., 4280 Hacienda Drive, Pleasanton, California, USA, 94588, “Veeva” means this entity in these Terms, and these Terms are governed by California law without regard to conflict of law principles. Any reference to the “Service” in these Terms includes a reference to any component of the Service. If you are entering into these Terms on behalf of a company or other person, you represent and warrant that you have the authority to bind that person to these Terms and “you” refers to you personally and the person you represent.

PLEASE READ THESE TERMS CAREFULLY

BY CLICKING “I ACCEPT,” OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU ARE NOT ELIGIBLE TO USE THE SERVICE OR DO NOT AGREE TO THESE TERMS, YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOU AGREE THAT THE SERVICE IS NOT INTENDED TO STORE PROTECTED HEALTH INFORMATION OR ANY OTHER INFORMATION ABOUT YOUR PATIENTS AND THAT YOU ARE NOT PERMITTED TO TRANSMIT ANY SUCH INFORMATION THROUGH THE SERVICE.

ARBITRATION NOTICE. Except for certain kinds of disputes and unless you opt out in accordance with Section 16, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND VEEVA EACH WAIVE THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.

1. Service Overview. The Service is intended to help connect healthcare professionals and their staff with life sciences companies and their representatives (“LS Reps”). LS Reps may make available to you information about their companies and other information (“LS Company Information”) through the Service. The Service makes LS Company Information available for informational purposes only and you must not use LS Company Information as a substitute for your own professional judgment when diagnosing or treating patients. You use LS Company Information at your own discretion and at your own risk. Veeva is not responsible for and makes no representations or warranties with respect to LS Company Information or your use thereof. Veeva does not recommend or endorse any specific drugs, tests, healthcare providers, products, procedures, opinions, “off-label” drug uses or other information that may be mentioned in the Service, and we assume no responsibility for such information.

2. Eligibility. By agreeing to these Terms, you represent and warrant to us that: (a) you are a healthcare professional or medical staff located in a geographic region currently supported by Veeva for the Services; (b) you have registered for the Service using your full legal name, (c) you have accurately represented your medical license and/or credentials (if any), (d) you are at least 18 years old; (e) you have not previously been suspended or removed from the Service; and (f) your registration and use of the Service will be in compliance with any and all applicable laws, regulations, ordinances, rules, orders, or other requirements of governmental authorities having jurisdiction or professional bodies that govern licensed healthcare professionals and their staff (collectively, “Applicable Laws”).

3. Accounts and Registration. To access the Service, you must register for an account. When you register for an account, you will be required to provide us with certain information about yourself, such as your name, email address and other contact information. You must provide accurate information and update us promptly if that information changes. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your login credentials have been compromised, you must immediately notify us via email to support@veevaengage.com.

4. Limited Right to use the Service. Subject to your complete and ongoing compliance with these Terms, Veeva grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to: (a) install and use copies of the object code of any mobile application associated with the Service on a mobile device that you own or control; and (b) access and use the Service.

5. Materials on the Service. The Service includes all materials made available through the Service, including the visual interfaces, graphics, designs, compilations, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (collectively, the “Materials”). The Materials are protected by intellectual property and other Applicable Laws. All Materials are the property of Veeva or are made available to you with the permission of their respective owner. You may only use Materials in accordance with these Terms. We reserve all rights to the Materials not granted expressly in these Terms. You acknowledge that some Materials, including LS Company Information and materials submitted by you and other users of the Service, are not owned by Veeva. We disclaim any and all liability with respect to such Materials.

6. Third-Party Terms

6.1 Third-Party Services and Linked Websites. Some features of the Service may be intended to enable you to transfer information, including User Content (defined below), to third parties, including life sciences companies. By using these features, you agree that Veeva may transfer such information to the applicable third party. Such third parties are not under Veeva’s control, and, to the fullest extent permitted by Applicable Law, Veeva is not responsible for any third party’s use of the information you transmit to them. The Service may also contain links to third-party websites. Linked websites are not under Veeva’s control, and Veeva is not responsible for their content.

6.2 Third-Party Software. The Service may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third-Party Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third-Party Components under the applicable third-party licenses or to limit your use of Third-Party Components under those third-party licenses.

7. Information You Provide

7.1 User Content Generally. Certain features of the Service may permit users to upload content to the Service, including messages, reviews, photos, video, images, folders, data, text, and other types of works (collectively, “User Content”) and to transmit User Content to other users of the Service.

7.2 Grants to Veeva. By uploading or transmitting User Content to or via the Service, you grant Veeva a perpetual, worldwide, non-exclusive, irrevocable, royalty-free, transferable, fully paid right to use, host, store, transfer, display, perform, reproduce, modify and distribute your User Content, in whole or in part, for any purpose reasonably related to providing and administering the Service and these Terms, including to display your User Content to other users. In addition, if you choose to provide us with input and suggestions regarding problems with or proposed modifications or improvements to the Service (“Feedback”), you hereby grant us an unrestricted, perpetual, worldwide, irrevocable, royalty-free, transferable and fully paid right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.

7.3 User Content and Feedback Representations and Warranties. You are solely responsible for your User Content and the consequences of providing User Content via the Service. By uploading or transmitting User Content to or via the Service, or by providing us with Feedback, you affirm, represent, and warrant to us that:

  1. you are the creator and owner of the User Content or Feedback, or have the necessary licenses, rights, consents, and permissions to authorize Veeva, the LS Reps, and other users of the Service as applicable to use and distribute your User Content or Feedback as necessary to exercise the rights granted by you under these Terms, in the manner contemplated by Veeva, the Service, and these Terms;
  2. your User Content and Feedback, and the use of your User Content or Feedback as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Veeva to violate any Applicable Law;
  3. your User Content and Feedback do not include any (i) Protected Health Information, as defined by the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”); (ii) genetic data, biometric data or data concerning health as defined by Article 4 (13)-(15) of Regulation 2016/679 (EU) ("GDPR"); or (iii) any other personal information or personal data about your patients;
  4. your User Content and Feedback do not include any confidential information, and you acknowledge that Veeva, the LS Reps or other users of the Service shall not have any obligation to keep your User Content or Feedback confidential; and
  5. your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.

7.4 User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users post or publish and will not be in any way responsible or liable for User Content. Veeva may, however, at our sole discretion, screen, monitor, remove, edit, or block any User Content. These Terms use “at our sole discretion” to mean in our sole judgment, at any time, with or without notice, for any or no reason, without liability to you. You understand that, when using the Service, you may be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Veeva with respect to User Content.

8. Communications with LS Reps. You may be able to use the Service to connect and communicate with LS Reps and other users. You can communicate (for example, via chat) with LS Reps via the Service. In order to do so, you must first either accept or initiate a connection with the LS Rep with whom you wish to communicate. If you revoke or decline a connection with an LS Rep, that LS Rep will no longer be able to contact you using the Service. Connecting with LS Reps of a particular life sciences company will allow LS Reps from the same life sciences company to initiate communications with you using the Service, and revoking or declining connections with all LS Reps from a particular life sciences company will prevent other LS Reps from the same life sciences company from initiating communications with you using the Service. The life sciences companies whose LS Reps you connect with via the Service disclose their data processing practices in their own privacy policies. We do not control or take responsibility for data processing practices of life science companies.

9. Prohibited Conduct. YOU MUST NOT, OR ATTEMPT TO, OR HELP ANYONE ELSE, DO ANY OF THE FOLLOWING:

  1. use the Service for any illegal purpose or in violation of any Applicable Law;
  2. harass, threaten, demean, embarrass, bully, or otherwise harm any other user of the Service;
  3. use the Service to violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;
  4. reproduce, distribute, publicly display, or publicly perform the Service;
  5. interfere with or circumvent any security-related or other features of the Service, including by: (i) disabling or circumventing features that prevent or limit use or copying of any Materials or access to any part of the Service; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by Applicable Law;
  6. interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;
  7. perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, or accessing any other Service account without permission;
  8. sell or otherwise transfer the access granted under these Terms or any Materials or any right or ability to view, access, or use any Materials;
  9. take any action that imposes an unreasonable or disproportionately large load on the Service or our or our host’s infrastructure;
  10. use robots, spiders, automated scripts, scraping techniques or other technology to collect information from or otherwise interact with the Service or other users;
  11. use the Service to develop or produce a product or service that is the same as or similar to, may be substituted for, is intended to be used for any of the same purposes as, or is intended to compete with, the Service; or
  12. use the Service from any geographic location to which we have decided not to provide the Service at our sole discretion.

10. Copyright and Intellectual Property Protection

10.1 DMCA Notification. If you have a copyright-related complaint about material posted on the Service, you may contact our Designated Agent under the Digital Millennium Copyright Act at the following address: Veeva Systems Inc.

Attn: Legal Department (Copyright Notification)

4280 Hacienda Drive, Pleasanton, CA 9458

Email: contracts@veeva.com

10.2 Content of Notification. Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must include the following information:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
  2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
  3. a description of the material that you claim is infringing and where it is located on the Service;
  4. your address, telephone number, and email address;
  5. a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright or intellectual property owner, its agent, or the law; and
  6. a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

10.3 Repeat Infringers. Without prejudice to our rights under Section 12.2 (Termination), we will take steps to promptly terminate the accounts of users that we determine at our sole discretion to be repeat infringers of third-party copyrights.

11. Modification of Terms. Please check these Terms periodically for changes. We reserve the right to change these Terms on a going-forward basis at any time, provided however that any such changes shall be effective upon the earlier of your use of the Service with knowledge of such changes and thirty days after posting, or else with your consent if required by Applicable Law. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.

12. Term, Termination, and Modification of the Service

12.1 Term. These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated as described in these Terms.

12.2 Termination. If you violate any provision of these Terms, your authorization to access the Service and these Terms automatically terminate. In addition, we may terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at our sole discretion. You may terminate your account and these Terms at any time by contacting customer service at support@veevaengage.com.

12.3 Effect of Termination. Upon termination of these Terms: (a) your rights to use the Service will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or the Service; and (c) Sections 5 (Materials on the Service), 6 (Third-Party Terms), 7 (Information You Provide), Section 8 (Prohibited Conduct), Section 11 (Modification of Terms), Section 12 (Term, Termination, and Modification of the Service), Section 13 (Indemnity), Section 14 (Disclaimers; No Warranties), Section 15 (Limitation of Liability), Section 16 (Dispute Resolution and Arbitration) and Section 17 (Miscellaneous) will survive.

12.4 Modification of the Service. We reserve the right to modify or discontinue the Service at our sole discretion. For the avoidance of doubt, we will have no liability for any change to the Service or any suspension or termination of your access to or use of the Service.

13. Indemnity. To the fullest extent permitted by Applicable Law, you are responsible for your use of the Service, and you will defend and indemnify Veeva, its affiliates and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (together, the “Veeva Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Service; (b) your use of or reliance on any information received through the Service or from a LS Rep; (c) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any Applicable Law; (d) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (e) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.

14. Disclaimers; No Warranties

14.1 THE SERVICE IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. VEEVA DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE, INCLUDING: (a) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (b) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. YOU ACKNOWLEDGE THAT YOU USE ANY INFORMATION OR MATERIALS PROVIDED TO YOU VIA THE SERVICE, WHETHER BY VEEVA, A LS REP, OR ANOTHER USER OF THE SERVICES, IS AT YOUR OWN DISCRETION AND AT YOUR OWN RISK, AND VEEVA HEREBY DISCLAIMS ANY AND ALL LIABILITY WITH RESPECT TO SUCH USE. VEEVA DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND VEEVA DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.

14.2 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR VEEVA ENTITIES WILL CREATE ANY WARRANTY REGARDING ANY OF THE VEEVA ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.

14.3 THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THESE TERMS APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. VEEVA DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT VEEVA IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.

15. Limitation of Liability

15.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE VEEVA ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY VEEVA ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

15.2 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE VEEVA ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (a) THE AMOUNT YOU HAVE PAID TO VEEVA FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM AND (b) USD $100.

15.3 EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES OR OBLIGATIONS, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS OF LIABILITY IN THESE TERMS WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

16. Dispute Resolution and Arbitration

16.1 Generally. In the interest of resolving disputes between you and Veeva in the most expedient and cost effective manner, and except as described in Section 16.2, you and Veeva agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND VEEVA EACH WAIVE THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

16.2 Exceptions. Despite the provisions of Section 16.1, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.

16.3 Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 16 within 30 days after the date that you agree to these Terms by sending a letter to Veeva Systems Inc., Attention: Legal Department – Arbitration Opt-Out, 4280 Hacienda Drive, Pleasanton, CA 94588 that specifies: your full legal name, the email address associated with your account on the Service, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once Veeva receives your Opt-Out Notice, this Section 16 will be void and any action arising out of these Terms will be resolved as set forth in Section 17.2. The remaining provisions of these Terms will not be affected by your Opt-Out Notice.

16.4 Arbitrator. Any arbitration between you and Veeva will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at +1-800-778-7879, or by contacting Veeva. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

16.5 Notice of Arbitration; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Veeva’s address for Notice is: Veeva Systems Inc., 4280 Hacienda Drive, Pleasanton, CA 94588. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Veeva may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by you or Veeva must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards a party (“offeree”) an amount higher than the last written settlement amount offered by the other party (“offeror”) in settlement of the dispute prior to the award, the offeror must pay to the offeree the higher of: (a) the amount awarded by the arbitrator; and (b) USD $10,000.

16.6 Fees. Payment of any arbitration filing fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Alameda County, California, but if the claim is for USD $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

16.7 No Class Actions. YOU AND VEEVA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Veeva agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

16.8 Modifications to this Arbitration Provision. If Veeva makes any future change to this arbitration provision, other than a change to Veeva’s address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to Veeva’s address for Notice of Arbitration, in which case your account with Veeva will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.

16.9 Enforceability. If Section 16.7 or the entirety of this Section 16 is found to be unenforceable, or if Veeva receives an Opt-Out Notice from you, then the entirety of this Section 16 will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 17.2 will govern any action arising out of or related to these Terms.

17. Miscellaneous

17.1 General Terms. These Terms, together with any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Veeva regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. Any transfer of these Terms in violation of this Section will be null and void. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of Section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to.” Any word in these Terms in plural form includes the singular form and vice-versa. If a court or arbitrator of competent jurisdiction determines that any part of these Terms is invalid or unenforceable, such court or arbitration shall reduce or otherwise modify such invalid or unenforceable part to the minimum extent necessary to make it valid and enforceable. If such part cannot be so modified, it will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

17.2 Governing Law. If you are located in the EEA+, you are contracting with Veeva Systems Hungary Kft., Alkotás út 50.B. tower, 4th floor, H - 1123, Budapest, Hungary, these Terms are governed by Hungarian law without regard to conflict of law principles, and you and Veeva submit to the personal and exclusive jurisdiction of Hungarian courts for resolution of any lawsuit or court proceeding permitted under these Terms; and you agree that, in accordance with Section (3) of Paragraph 5 of Act CVIII of 2001 on Electronic Commerce and on Information Society Services (the “E-Commerce Act”), we do not apply Section (2) of Paragraph 5 of the E-Commerce Act regarding these Terms. If you are located outside of the EEA+, you are contracting with Veeva Systems Inc., 4280 Hacienda Drive, Pleasanton, California, USA, 94588, these Terms are governed by California law without regard to conflict of law principles, and you and Veeva submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Alameda County, California for resolution of any lawsuit or court proceeding permitted under these Terms. We make no representation that Materials included in the Service are appropriate or available for use from any particular location.

17.3 Privacy Statement. Please read the Engage Privacy Statement for information relating to our collection, use, storage, and disclosure of your personal data or personal information and rights you may have under applicable privacy laws.

17.4 Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.

17.5 Consent to Electronic Communications. You agree and accept that any notices, agreements, disclosures, or other communications that we send to you electronically will be valid under these terms and will also satisfy any legal communication requirements.

17.6 Contact Information. The Service is offered by Veeva Systems Inc., located at 4280 Hacienda Drive, Pleasanton, CA 94588. You may contact us by sending correspondence to that address or by emailing us at support@veevaengage.com.

17.7 Support. We are under no obligation to provide support for the Service. In instances where we may offer support, the support forms a part of the Service and your use thereof is subject to these Terms.

17.8 Prevailing Language. These Terms and the related documents if any, have been drafted in English. Any translations to any other language shall be for convenience and for information purposes only. In case of a conflict between the English version and another language version, the English version of these Terms shall prevail in all matters related to these Terms.

18. Notice Regarding Apple. This Section only applies to the extent you are using our mobile application on an iOS device. You acknowledge that these Terms are between you and Veeva only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Service or the content of it. Apple has no obligation to furnish any maintenance and support services with respect to the Service. If the Service fails to conform to any applicable warranty, you may notify Apple, and Apple will refund any applicable purchase price for the mobile application to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including: (1) product liability claims; (2) any claim that the Service fails to conform to any applicable legal or regulatory requirement; or (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the Service and/or your possession and use of the Service infringe a third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Service. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms. You hereby represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.