Terms & Conditions New

Welcome to Supernova, the next-generation design system platform that helps product teams in large companies work faster and more efficiently — and actually enjoy the process of building, using, and maintaining their design systems. Supernova website and apps are operated by:

Supernova.io INC, Delaware entity number: 7171181, VAT ID/EIN: 83-2789008
Registered office: 1111B S Governors Ave STE 6495, Dover, Delaware 19904, United States of America
Email: support@supernova.io

(“Supernova” or “we”).

We are happy you have decided to use the Service.

Acceptance of the Terms
1. These Terms & Conditions together with other documents referenced herein (the “Terms”) form a legally binding agreement between you and Supernova (the “Agreement”) regarding your use of Supernova.io, cloud.supernova.io (including account and workspace administration), and supernova-docs.io (together, the “Service”). Please read the Terms carefully.
2. You accept the Terms and therefore enter into the Agreement by (i) clicking to accept or agree with the Terms & Conditions, (ii) paying for the Service, or (iii) using the Service. You may not use the Service if (a) you are contracting on behalf of an entity and are not authorized to legally bind it, or (b) you are a person or entity barred from receiving the Service under the laws of the State of Delaware or other applicable laws, including the laws of the country in which you reside or from which you use the Service.
3. To access the Service, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process or continued use. You agree that all registration information you provide will be accurate, correct, and up to date. You may also use your Google account to register and/or sign in.
4. If you have entered into a master service agreement, enterprise agreement, order form, or any other written agreement signed by both you and Supernova that governs the Service (“MSA”), then the MSA will prevail in case of any conflict or inconsistency between the MSA and these Terms. To the extent not addressed by the MSA, these Terms will apply.
Terms of use
1. The Service is provided on a hosted basis and you do not receive any source code. As between you and Supernova, Supernova (and its licensors) retain all rights, title, and interest in and to the Service and its contents, including all intellectual property rights. Subject to your compliance with the Terms and payment of applicable fees, Supernova grants you a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Service during your subscription term and only for the number of seats you have purchased. No rights are granted to you other than this limited right of access and use.
2. You must not (i) access, obtain, or attempt to discover the source code or underlying ideas, algorithms, or structure of the Service, or reverse engineer, decompile, disassemble, or otherwise attempt to derive source code from the Service; (ii) modify, translate, or create derivative works of the Service (except as expressly permitted through the Service’s intended configuration options); (iii) interfere with or circumvent any technical limitations, security measures, or access controls of the Service; or (iv) copy, reproduce, distribute, sell, resell, rent, lease, lend, publicly display, publish, or otherwise make available the Service or any part of it, except as expressly permitted by the Terms. You may allow access to the Service only through the user accounts, seats, or other access mechanisms provided by Supernova and only for the number of seats included in your subscription. You must not sublicense the Service, provide it to third parties on a service bureau, timesharing, hosting, outsourcing, or similar basis, or assign or transfer your rights or subscription (in whole or in part) to any third party. You must not use the Service to build, offer, or support a competing product or service, or to benchmark the Service for publication or disclosure to any third party without Supernova’s prior written consent. You must not scrape, harvest, or extract data from the Service through automated means except as expressly permitted by the Service or by Supernova in writing.
3. You must not use the Service in a manner that violates applicable law or these Terms. Without limitation, you must not (i) upload, transmit, or store any content that is unlawful, infringing, defamatory, obscene, or otherwise violates the rights of others (including intellectual property, privacy, or publicity rights); (ii) upload or transmit malware, viruses, worms, Trojan horses, spyware, or other harmful or malicious code; (iii) engage in phishing, spamming, credential harvesting, or other fraudulent or deceptive practices; (iv) access or use the Service to interfere with, disrupt, damage, or gain unauthorized access to any systems or networks; (v) probe, scan, or test the vulnerability of the Service, or bypass or attempt to bypass security or authentication measures, without Supernova’s prior written permission; (vi) perform load testing, stress testing, or benchmarking of the Service without Supernova’s prior written consent; or (vii) use automated means (including bots, scrapers, or crawlers) to access, extract, or harvest data from the Service except as expressly permitted by the Service or by Supernova in writing. Supernova may set and enforce reasonable rate limits, throttling, usage caps, or other technical limitations to protect the Service, maintain performance, and ensure fair use. We may suspend or restrict access to the Service if we reasonably believe your use creates a security risk, causes harm, or exceeds such limits.
4. Supernova is constantly innovating and may change the form and nature of the Service from time to time without prior notice. Supernova may disable the Service and/or access to your account for non-payment or other material breaches of the Terms. If access is disabled and later reactivated, the period of disabled access will not be refunded and your original subscription period will not be extended.
5. The Service is subject to U.S. export restrictions and may be subject to import restrictions by certain foreign governments. You agree to comply with applicable export and import laws. You warrant that you (1) are not a citizen, national, permanent resident of, or incorporated/organized to do business in, and are not under the control of the governments of any country to which the U.S. embargoes goods; (2) are eligible under U.S. law to receive the Service; and (3) will not sell, export, re-export, transfer, use, or enable the use of the Service, related technology and services, or other items provided by Supernova for end-use in or by embargoed countries or their citizens/nationals/permanent residents.
6. You are responsible for maintaining the confidentiality of passwords associated with any account used to access the Service and for all activities that occur under your account. If you become aware of any unauthorized use of your password or account, you must notify Supernova immediately at support@supernova.io. If you used Google sign-in and your Google account becomes deleted or non-functional, you may no longer be able to access the Service.
Payment, pricing and billing
1. Subscription fees, plans, and current rates are available at https://supernova.io/pricing. Unless otherwise agreed, the subscription period starts when you pay the subscription fee. You can choose between monthly and annual subscriptions.
2. You may change your subscription plan, including the number of seats. If you decrease licenses, the reduced license count takes effect at the end of the subscription period. If you increase the seats, you will be invoiced together with the next billing day.
3. Subscriptions renew automatically. You can pay by entering credit or debit card information or by other payment methods published from time to time on the Supernova website. By providing your payment details to pay for the first subscription, you authorize Supernova (or our payment provider) to charge your credit or debit card or other payment method for the upcoming subscription term. To prevent renewal, you must cancel the renewal in accordance with section 6.1.
4. Supernova may change pricing at any time. You will be notified of any changes in advance. The price for the remainder of an already paid subscription period remains the same. If you do not agree to the change in pricing, you may cancel your subscription in accordance with the Terms before the expiry of your current subscription period. If you do not cancel your subscription before automatic renewal, you accept the updated pricing.
5. You can find your billing history, edit company information, and download invoices in PDF format by clicking on “Invoices” in the workspace administration (https://app.supernova.io → Workspace → Workspace settings → Invoices). Invoices, payment, and billing details stored in your workspace administration are separate from the rest of your account and can be accessed independently. If you delete invoices, payment, or billing details, you will lose that data.
6. Supernova is not responsible for payment processing provided by any third party under their Terms of Third Parties. Each party is responsible for payment of any taxes applicable to its own income and activities in connection with the Service. Prices on the website include VAT and/or other sales taxes if relevant for the respective place of sale.
7. Supernova may, at its sole discretion, provide promo codes for discounts. Discounts apply only after entering the correct promo code for a new order.
8. Except where required by applicable law or expressly stated in the Terms, all fees are non-refundable and non-cancellable, and we do not provide refunds or credits for any partial subscription periods, unused seats, downgrades, or periods during which you did not use the Service. We do not provide service credits for downtime, outages, or changes in the Service, unless we expressly agree otherwise in writing.
Your content, outputs and exporters
1. Supernova does not acquire any ownership rights to content you submit, post, transmit, or display on or through the Servic. Depending on your subscription, the Service may allow you to export outputs you create using the Service (for example, code, design tokens, assets, configurations, documentation, or other export formats made available under your plan. s between you and Supernova, you own your content and your outputs, and Supernova does not claim ownership in them. You may use your content and your outputs without limitation, provided you comply with the Terms.
2. You are solely responsible for any content you create while using the Service and for the consequences of your actions (including any loss or damage that Supernova or third parties may incur, and any legal liability under any legal theory). Unless agreed otherwise in writing, you are responsible for protecting and enforcing your rights in such content and Supernova has no obligation to do so on your behalf.
  
  Exporters
3. The Service uses “Exporters” to export applications created through the Service into different formats. Exporters may be (a) “Standard Exporters” provided by Supernova, or (b) “User-Created Exporters” created by you, including by customizing Standard Exporters or creating derivative works based on them. To enable User-Created Exporters, Supernova grants you a non-exclusive, non-transferable license to use the components, data model, and exportable functionalities available in Standard Exporters (“Resources”). You may use the Resources freely, but you must not use them in any manner that constitutes economic or other competition to Supernova or that could harm Supernova. Supernova has no responsibility for use of any exporters, including when published on Supernova’s subdomains.
4. Supernova does not claim ownership rights in User-Created Exporters. You may use, distribute, and publish User-Created Exporters and their source code at your own will. However, once any User-Created Exporter becomes publicly available (regardless of how or by whom it is published), you grant Supernova a non-exclusive license to use, reproduce, distribute, lease, lend, sell, prepare derivative works of, combine with other works, exhibit, perform, and publish the User-Created Exporter. This license is worldwide, perpetual, royalty-free, sublicensable, and irrevocable. You agree that Supernova may incorporate User-Created Exporters into the Service and distribute them with the Service for consideration. You further agree not to restrict or inhibit the use of User-Created Exporters by any other person. Supernova is not obliged to use the license.
5. You may use third-party software (including free and open-source software) to create User-Created Exporters only if doing so does not (1) entail communicating the source code of the Service to third persons, (2) require further conveying or distribution of the work under a particular license, or (3) impose requirements incompatible with Supernova’s licensing terms for end-users (including proprietary terms and restrictions on sublicensing, gaining source code, modifications, or derivative works). You are prohibited from using, in particular (but not limited to), works licensed under general public licenses with copyleft clauses such as GNU GPL, GNU LGPL, GNU Affero GPL, or other licenses incompatible with this clause.
  
  User content moderation / illegal content notices
6. Supernova takes a passive and neutral approach and generally does not monitor for any content you create and upload to the Service, including User-Created Exporters (“User Content”) or actively search for facts indicating illegality. Supernova may conduct voluntary investigations or take measures to detect, identify, remove, or disable access to illegal content, and may take necessary measures to comply with legal requirements or orders. Supernova is not responsible for the illegality, inaccuracy, or reliability of User Content.
7. Supernova accepts notices regarding content in the Service that you (or another third party) consider illegal. Notices may be sent to security@supernova.io and should include: (a) a sufficiently substantiated explanation why the content is supposed to be illegal; (b) the exact electronic location of the content (e.g., exact URL) and any additional information needed to identify it; (c) the name and email address of the person/entity submitting the notice (except where information is considered to involve offences referred to in Articles 3–7 of Directive 2011/93/EU); and (d) a statement confirming good-faith belief that the information and allegations are accurate and complete.
8. If the notice includes electronic contact information, Supernova will acknowledge receipt without undue delay and will inform the notifier without undue delay of its decision regarding the notified information, including information on further legal remedies. If Supernova becomes aware of unlawful activity, illegal content, or content inconsistent with the Terms, Supernova may remove or disable access to it, or impose restrictions such as lower search ranking, suspension or termination of the user’s use of the Service, or suspension/termination of the user’s account. Where Supernova has the relevant electronic contact information, it will provide affected users with a clear and specific justification for such restriction. If Supernova assesses the content as compliant with law and the Terms, it may decide not to act.
  
  Supernova content
9. The Service and its contents (including trademarks, brand names, logos, graphics, images, photographs, texts, audiovisual content, advertisements, sponsored content, etc.) may be protected by intellectual property rights of Supernova or third parties, under the respective Terms of Third Parties. Unless agreed otherwise in writing, nothing in the Terms gives you the right to use Supernova’s brand names, trademarks, Service marks, logos, domain names, or other distinctive brand features in a way that could cause confusion. You must not remove, alter, or obscure any such names, marks, or copyright notices.
Personal Data
1. During provision of Service, personal data of Users may be processed. When activating the account, the processing of personal data is governed by Supernova’s Privacy Policy, available here: https://www.supernova.io/privacy-policy. Processing of personal data of Users for purposes stipulated by Supernova is also governed by Supernova’s Privacy Policy.
2. Supernova may also store personal information about Users and work with personal information about Users based on your instructions, for purposes stipulated by you and in accordance with these Terms. In this case, Supernova will process personal data as data processor and processing is governed by Annex 1 – Data processing terms.
3. The Service is not intended for the storage or processing of personal data of third parties beyond what is necessary for the administration and use of the Service (e.g., user account and team administration data such as names, work e-mail addresses, roles or job titles). You remain responsible for ensuring that you have an appropriate legal basis to provide such personal data to Supernova and for fulfilling any information or other obligations towards the relevant data subjects. Where your breach of this clause results in claims, fines, damages or other costs asserted against Supernova by a third party or a public authority, you shall indemnify and hold Supernova harmless for such losses and reasonable costs (including legal fees).
4. When you use the Service, you may choose to create and save various data (e.g. design templates) to Supernova cloud storage. You do not grant Supernova any ownership over the contents of your design data or over your intellectual property included in it, except for the limited rights that are necessary for Supernova to store, backup, or transfer your data when you ask us to do so.
Termination
1. Monthly and yearly subscriptions renew automatically unless you cancel. You can turn off auto-renewal by clicking “cancel subscription” in the workspace administration. If you cancel, your subscription will remain active until the end of the then-current paid term (month/year) and will not renew for the next term. For annual subscriptions, you must cancel auto-renewal at least thirty (30) days before the end of the then-current annual term in order to prevent renewal. If you continue using paid features of the Service after your subscription ends (for example, by reactivating access or continuing to use seats), you authorize Supernova (or our payment provider) to charge, and you agree to pay, the applicable fees at the then-current rates for the period of such continued use, unless prohibited by law. If your subscription expires, we may suspend or limit access to the Service until you renew.
2. Either party may terminate the Agreement by written notice if the other party materially breaches the Terms or acts in a manner that clearly shows it does not intend to, or is unable to, comply with the Terms. A material breach includes, without limitation, a breach of the Service use restrictions set out in Section 2.
3. Supernova may terminate the Agreement by written notice if (i) Supernova is required to do so by applicable law (including where providing the Service to you is or becomes unlawful), or (ii) Supernova stops providing the Service to users in the country in which you reside or from which you use the Service.
4. Termination or expiration of the Agreement does not affect any rights or obligations that by their nature or express terms should survive, including Supernova’s rights and your obligations under Sections 3 (Payment Terms), 7 (Exclusion of Warranties), and 8 (Limitation of Liability).
Exclusion of Warranties
1. You shall ensure that the devices and internet browsers from which the Service will be accessed, and your Internet connection meet the current system and other technical requirements (including necessity to install plugins or other necessary software of third parties) specified in the Documentation. If you have an issue, incident, or technical problem, or any questions regarding use of the Service, you can contact support at support@supernova.io.
2. From time to time, Supernova may release features that are still under testing and evaluation and do not represent a final product (“Prototyping Features”). Prototyping Features may be made available through a special version of the Service called Supernova Beta. Prototyping Features may be less reliable or available than other parts of the Service and may contain errors, defects, or instability.
3. THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SUPERNOVA (INCLUDING ITS SUBSIDIARIES, AFFILIATES, AND LICENSORS) DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, SUPERNOVA DOES NOT WARRANT THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) ANY INFORMATION OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, COMPLETE, OR RELIABLE; OR (IV) DEFECTS WILL BE CORRECTED. MATERIALS OF THIRD PARTIES ARE PROVIDED “AS IS” AND ANY WARRANTIES REGARDING THEM ARE PROVIDED SOLELY BY THE APPLICABLE THIRD-PARTY OWNER OR DISTRIBUTOR, IF ANY. NO OTHER WARRANTIES APPLY EXCEPT AS EXPRESSLY SET OUT IN THE TERMS.
4. The Service may allow you to enable and use Supernova AI tools and/or third-party AI tools (“AI Features”). AI Features and any AI output are provided “as is” and “as available,” without warranties of any kind. You acknowledge that AI output may be inaccurate, incomplete, misleading, offensive, or unreliable, and you are solely responsible for reviewing, testing, and validating any AI output before using or relying on it. Supernova makes no warranties that AI output will be original, non-infringing, or suitable for any particular purpose, and AI output may not be copyrightable in some cases and may therefore be provided without any copyright license.
Limitation of liability
1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SUPERNOVA (INCLUDING ITS SUBSIDIARIES, AFFILIATES, AND LICENSORS) WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUES, BUSINESS, GOODWILL, REPUTATION, DATA, USE, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE SERVICE, EVEN IF SUPERNOVA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUPERNOVA DISCLAIMS ALL LIABILITY ARISING OUT OF OR RELATING TO (I) ANY BETA OR PROTOTYPING FEATURES, AND (II) ANY AI FEATURES AND AI OUTPUT, INCLUDING ANY ERRORS, DEFECTS, INTERRUPTIONS, INACCURATE OR INCOMPLETE OUTPUTS, SECURITY ISSUES, OR OTHER RESULTS PRODUCED BY OR IN CONNECTION WITH SUCH FEATURES, AND SUPERNOVA WILL HAVE NO RESPONSIBILITY OR LIABILITY FOR YOUR USE OF (OR INABILITY TO USE) BETA/PROTOTYPING FEATURES OR AI FEATURES, OR FOR ANY RELIANCE ON AI OUTPUT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SUPERNOVA’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY) WILL NOT EXCEED THE AMOUNT YOU PAID TO SUPERNOVA FOR USE OF THE SERVICE DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. YOU ACKNOWLEDGE THAT THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION ARE A FUNDAMENTAL BASIS OF THE BARGAIN BETWEEN YOU AND SUPERNOVA AND WILL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. NOTHING IN THE TERMS EXCLUDES OR LIMITS LIABILITY TO THE EXTENT IT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
1. You will defend, indemnify, and hold harmless Supernova, its subsidiaries, affiliates, licensors, and their respective directors, officers, employees, and agents (collectively, “Supernova Indemnitees”) from and against any and all third-party claims, demands, suits, actions, proceedings, damages, losses, liabilities, fines, penalties, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) (collectively, “Claims”) arising out of or relating to: (a) Any content, data, materials, or information you submit to, upload to, transmit through, or otherwise make available via the Service (including any User Content and any content included in User-Created Exporters) and any applications, exports, outputs (including AI Output), or other materials you generate, publish, distribute, or use in connection with the Service, including Claims alleging that such content or outputs infringe, misappropriate, or otherwise violate any intellectual property right, privacy right, publicity right, confidentiality obligation, or other right of any third party; (b) Your use of any third-party software, libraries, or other works (including open-source software) in connection with the Service or in any User-Created Exporter in breach of Section 4.5 and/or applicable Terms of Third Parties, including any Claim arising because (i) Supernova uses, incorporates, hosts, distributes, or makes available a User-Created Exporter (including through the Service or Supernova’s subdomains) and (ii) a third party alleges that such User-Created Exporter (or its components) violates licensing terms or other third-party rights or obligations; (c) Your violation of applicable law, regulation, or the Terms (including the Service use restrictions), including Claims arising from unlawful content, unauthorized processing of personal data, or misuse of the Service.
2. Supernova will (i) promptly notify you of any Claim for which it seeks indemnification (provided that a delay will not relieve you of your obligations except to the extent you are materially prejudiced by the delay), (ii) provide reasonable cooperation in the defense of the Claim at your expense, and (iii) allow you to control the defense and settlement of the Claim. You may not settle any Claim without Supernova’s prior written consent if the settlement (a) imposes any obligation on a Supernova Indemnitee, (b) requires any admission of fault or wrongdoing by a Supernova Indemnitee, or (c) does not include a full release of the Supernova Indemnitees.
Changes to the Terms
1. Supernova may update these Terms from time to time. The updated Terms will be posted on our website (or made available within the Service) and will indicate the effective date. If we make changes that materially affect your rights or obligations, we will use reasonable efforts to notify you (for example, by email to the address associated with your account or by an in-Service notice) before the changes take effect. Unless otherwise stated, updated Terms become effective on the effective date shown in the updated Terms. By continuing to access or use the Service on or after the effective date, you agree to the updated Terms. If you do not agree to the updated Terms, you must stop using the Service and may cancel your subscription in accordance with the Terms; in that case, the version of the Terms in effect immediately prior to the update will apply until the end of your then-current paid subscription term, unless the parties agree otherwise or unless the update is required by law.
General legal terms
1. The Terms constitute the entire agreement between you and Supernova regarding your use of the Service and supersede all prior or contemporaneous agreements, proposals, or representations relating to the Service, except for any separate written agreement signed by both parties.
2. Supernova may provide notices to you by email, regular mail, in-Service notifications, or by posting notices on the Service or our website. Notices are deemed received when sent (for email) or when posted (for in-Service/website notices), unless applicable law requires otherwise.
3. You may not assign, transfer, or delegate the Agreement or any rights or obligations under the Terms, whether by operation of law or otherwise, without Supernova’s prior written consent. Any attempted assignment in violation of this Section is void. Supernova may assign the Agreement (in whole or in part), without your consent, in connection with a merger, acquisition, corporate reorganization, sale of all or substantially all of its assets, or by operation of law.
4. A party’s failure to enforce any right or provision of the Terms will not constitute a waiver of that right or provision. Any waiver must be in writing and signed by the waiving party.
5. Supernova will not be liable for any failure or delay in performance to the extent caused by circumstances beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, power or internet outages, third-party service failures, government actions, or denial-of-service attacks, provided that Supernova uses reasonable efforts to resume performance.
6. The parties are independent contractors. Nothing in the Terms creates any agency, partnership, joint venture, employment, or franchise relationship between you and Supernova, and neither party has authority to bind the other.
7. If any provision of the Terms is held invalid or unenforceable by a court of competent jurisdiction, that provision will be modified to the minimum extent necessary to make it enforceable (or, if not possible, severed), and the remaining provisions will remain in full force and effect.
8. The Terms and your relationship with Supernova are governed by the laws of the State of Delaware, without regard to its conflict of laws principles. You and Supernova agree to the exclusive jurisdiction of the state and federal courts located in Delaware to resolve any dispute arising out of or relating to the Terms or the Service. Notwithstanding the foregoing, Supernova may seek injunctive or other urgent equitable relief in any jurisdiction.

ANNEX 1 - DATA PROCESSING TERMS

Introductory provisions
1. These Data Processing Terms (the “DPT”) are incorporated into and form an integral part of the Agreement constituted by the Terms & Conditions. By accepting the Terms & Conditions (and thus entering into the Agreement), you confirm that you have read, understood, and agree to this DPT.
2. Under the Agreement, Supernova provides you with a Service as a Service solution. You are enabled to access the Service and use its functionalities online. For the purposes of this DPT, “personal data” means personal data of data subjects, in particular Users and other data subjects whose personal data are processed by Supernova for the purpose of providing the Service to you and fulfilling other obligations under the Agreement (the “Personal Data”).
3. This DPT governs the conditions for the processing of Personal Data by Supernova as a processor within the meaning of Article 28 of Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (the General Data Protection Regulation or “GDPR”).
4. Where Personal Data are transferred to a third country outside the EEA that is not subject to an adequacy decision under Article 45 GDPR, Supernova will ensure that appropriate safeguards under Article 46 GDPR are in place. In particular:
  - for transfers to the United States to entities certified under the EU-U.S. Data Privacy Framework, Supernova may rely on the EU-U.S. Data Privacy Framework as an adequacy decision; and
  - for other transfers, Supernova shall enter into the standard contractual clauses adopted by the European Commission pursuant to Article 46(2)(c) or (d) GDPR and implement any supplementary measures that may be required in light of the relevant transfer impact assessment.
Tasks and instructions for data processing
1. Parties acknowledge and agree that:
  1. Supernova is the processor of Personal Data,
  2. you are the controller or processor of Personal Data,
  3. both Parties undertake to fulfill their obligations under the legislation applicable to the processing of Personal Data.
2. If you as the customer act as a processor, you guarantee to Supernova that the competent controller has approved his instructions and actions in connection with Personal Data, including Supernova’s mandate as another processor.
3. Supernova will process Personal Data only in accordance with applicable law and for the purpose of providing the Service to you, and as further stated in other written
instructions given by you.
1. For the purposes of Article 2.3 of this DPT, a “written instruction” also includes an instruction (i) sent by email to support@supernova.io (or to any other email address designated by Supernova for privacy matters), or (ii) given through the Service.
Duration of processing of personal data
1. Supernova will process Personal Data only for the duration of the Agreement or until all Personal Data are deleted by Supernova according to this DPT, and the Privacy Policy in case the Provider acts as a personal data controller.
Nature and purpose of the processing of personal data
1. For the purposes of providing the Service to you, Supernova will process Personal Data in electronic form. The subject matter of the processing includes viewing Personal Data, using Personal Data to create and manage User profiles, storing Personal Data, enabling you to build and maintain design systems collaboratively, and performing other activities necessary to provide the Service and the services and functionalities made available through the Service under the Agreement.
2. The purpose of the processing of Personal Data is the provision of the Service and ensuring the functionalities of the Service.
Types of personal data
1. The following Personal Data will be processed in accordance with this DPT:
  1. identification data, name, surname;
  2. contact details - e-mail address;
  3. user content posted in the Service;
  4. information about Service usage (including log details, third-party analytics information, IP address, browser type, access times, device type, ID, meta data and other automatically collected information);
  5. other information provided or entered into the Service by you or the users of the Service.
Categories of data subjects
1. Personal Data will cover the following categories of data subjects:
  1. users;
  2. other data subjects about which you or the user has obtained Personal Data and which you have transmitted to Supernova in connection with the provision of the Service.
Rights and obligations of the parties
1. Supernova declares and undertakes to:
  1. if Supernova becomes aware of a breach or impending breach of the security of Personal Data, including accidental or unlawful destruction, loss, alteration, unauthorized provision, or unauthorized disclosure of processed Personal Data, Supernova will inform you in writing without undue delay, and in any event no later than forty-eight (48) hours, and will describe, to the best of its ability, the resulting or imminent security risk, inform you of appropriate measures to prevent or minimize the breach of the security of the Service, and take all necessary measures to minimize damage;
  2. upon your reasonable request, conclude standard contractual clauses under Article 46 GDPR or adopt another appropriate safeguard or additional measure;
  3. ensure that Personal Data are secured in accordance with Article 8 of this DPT;
  4. process Personal Data only in accordance with this DPT, the Agreement, or other written instructions from you in accordance with Article 2.3 of this DPT;
  5. assist you in implementing and maintaining appropriate technical and organizational measures to secure Personal Data, in reporting Personal Data breaches to the supervisory authority and/or data subjects where applicable, in carrying out data protection impact assessments, and in prior consultations with the supervisory authority;
  6. provide cooperation to you through appropriate technical and organizational measures, no later than fourteen (14) days after your request, to enable you to fulfil your obligation to respond to requests for the exercise of data subject rights;
  7. provide you, upon request, without undue delay and in any event no later than fourteen (14) days, with all cooperation necessary to demonstrate that Personal Data are appropriately secured from an organizational and technical perspective, and provide cooperation in cases where an inspection by a supervisory authority is initiated with you.
2. If Supernova receives any request from a data subject relating to Personal Data while processing Personal Data as your processor, Supernova will instruct the data subject to contact you directly with the request. You are responsible for handling such request. Supernova will provide you with the cooperation necessary to support the handling of data subject rights.
3. You agree that Supernova may engage sub-processors for the processing of Personal Data and, where sub-processors are engaged, Supernova will ensure that they are subject to the same data protection obligations as set out in this DPT. Supernova maintains an up-to-date list of its sub-processors, including their locations and the nature of processing, in its Trust Center (or a similar online resource) accessible to you.
4. Supernova will inform you in the written form determined by Supernova (including by updating the sub-processor list available in the Trust Center or a similar online resource) about any intended engagement of an additional sub-processor before such sub-processor is involved. You may object to the engagement of the additional sub-processor within ten (10) business days after notification. If you do not object within this period, Supernova may engage the additional sub-processor. If you object, Supernova will assess the objection and, if it considers it justified, will either (i) not engage the additional sub-processor, or (ii) make a commercially reasonable change to your configuration or use of the Service to avoid processing by such sub-processor. If such change is not possible, Supernova may terminate the contractual relationship with you (or the relevant part of it), or may cease providing the part of the Service to which the additional sub-processor relates, without being in default or in breach of any obligation.
5. You expressly agree that Supernova may involve in the processing Supernova’s personnel and individuals working for Supernova under a mandate agreement or a similar contractual arrangement.
6. Supernova will enable you, or a person authorized by you, to verify compliance with this DPT (including by audit or inspection), in particular compliance with obligations relating to the processing of Personal Data, and Supernova will contribute to such verification in accordance with your reasonable instructions (or the reasonable instructions of the authorized auditor). You will bear all costs associated with such verification, audit or inspection.
7. The Parties agree that any verification (including audits) will be conducted in a reasonable and proportionate manner, with prior notice (as set out in Section 7.9 below), during normal business hours, and with scope limited to the processing of your Personal Data. Supernova may satisfy audit requests by providing relevant documentation and responses (including materials available via the Trust Center). On-site audits will take place only where reasonably necessary and where other means are insufficient (e.g., where an audit is required by applicable law or a competent regulatory authority, or in the event of a confirmed personal data breach affecting your data).
8. You acknowledge that Supernova’s independent third-party security certifications and audit reports (including SOC 2 Type II and ISO/IEC 27001) made available via Supernova’s Trust Center or otherwise provided to you by Supernova may be used as evidence of Supernova’s compliance with its security and data protection obligations under this DPT.
9. You must submit any audit request exclusively to the email address designated by Supernova for audit requests. Upon receipt of an audit request, and if Supernova deems the audit reasonable, necessary and unachievable by other reasonable comparable means, Supernova and you will first agree in advance on: (a) the proposed audit date, security measures, and how confidentiality obligations will be ensured during the audit, and (b) the expected start, scope, and duration of the audit. If no agreement is reached within thirty (30) days from submission of the audit request, the terms of the audit will be determined by Supernova.
10. Supernova may object in writing to any auditor appointed by you if, in Supernova’s reasonable opinion, the auditor is not sufficiently qualified, is not independent, is in a competitive position with Supernova, or is otherwise manifestly unsuitable. Following such objection, you must appoint another auditor or conduct the audit yourself.
11. You are responsible for fulfilling all obligations relating to the processing of Personal Data, in particular for properly informing data subjects about the processing of their Personal Data, obtaining consent where necessary, and handling requests from data subjects to exercise their rights (including the right to information, access, rectification, erasure, restriction of processing, objection, etc.).
Security of personal data
1. Supernova has taken the following measures and undertake to maintain them to ensure the security of the processing of Personal Data throughout the processing process.
2. Organizational measures:
  1. Supernova or workers of Supernova are regularly trained on the principles of data protection and cybersecurity;
  2. Supernova and its staff are also obliged to confidentiality in connection with the processing of Personal Data;
3. Supernova undertakes to implement and maintain such technical, personnel, and other necessary measures to prevent unauthorized or accidental access to Personal Data, and to prevent their alteration, destruction, loss, unauthorized transfers, other unauthorized processing, or other misuse of Personal Data.
4. Supernova undertakes to implement and maintain appropriate technical and organizational measures to ensure a level of security appropriate to the risk, taking into account the state of the art, the nature, scope, context, and purposes of the processing, and the varying likelihood and severity of risks to the rights and freedoms of individuals.
5. Such measures include, in particular, as appropriate: (i) pseudonymization and encryption of Personal Data; (ii) the ability to ensure the ongoing confidentiality, integrity, availability, and resilience of processing systems and services; (iii) the ability to restore the availability of and access to Personal Data in a timely manner in the event of a physical or technical incident; and (iv) a process for regularly testing, assessing, and evaluating the effectiveness of the technical and organizational measures in place to ensure processing security.
6. Supernova has implemented and will maintain an information security management system aligned with industry standards. As of the Effective Date, Supernova holds SOC 2 Type II and ISO/IEC 27001 certifications (or equivalent) covering the Services provided under the Agreement. Supernova will maintain such certifications or a comparable level of security during the term of the Agreement.
7. Supernova will secure the Service against cyber-attacks using appropriate measures, taking into account the nature of the Personal Data and the state of the art.
End of the processing
1. After termination of the Agreement, regardless of the manner or reason for termination, Supernova will, within six (6) months, delete all Personal Data processed on your behalf under these Data Processing Terms and delete all access data to the Software and other communication tools. This does not apply to the extent that data retention is required by applicable law, or to Personal Data that Supernova processes as a data controller (e.g., where a User maintains an individual user profile created independently of the Agreement or chooses to keep such user profile), in which case such Personal Data will be processed in accordance with Supernova’s Privacy Policy.
Other arrangements
1. Supernova may charge you for costs reasonably incurred in connection with any request referred to in Article 7 of this DPT or with any verification, including an audit, referred to in Article 7.6 and the following provisions of this DPT. You will pay such costs based on an invoice issued by Supernova.
2. Supernova will not be liable for any direct or indirect damage, including in particular lost profits or special or incidental damages, that you incur in connection with the processing of Personal Data, even if you notify Supernova in advance that such damage could occur. Supernova will also not be liable for any non-material damage incurred by you.
3. If, notwithstanding Article 10.2, Supernova is obliged to pay any compensation to you, such obligation will be limited according to the limitations set forth in the Terms.
4. Supernova’s trust report is available at: https://app.vanta.com/supernovaio/trust/gi7a46lxd23m07sgju3ook

Terms & Conditions

ANNEX 1 - DATA PROCESSING TERMS

Platform

Resources

Product

Company