Service Agreement
This Agreement along with all the annexures, schedules, Order Form, and privacy policy available at www.zorp.one/privacy-policy/ forms a binding contract
and governs the use of and access to the Service(s).
Customer and Company will be individually referred to as “Party” and collectively as
“Parties”.
CUSTOMER RIGHTS
Subject to Customer’s compliance with this Agreement and solely during the Subscription Term, Customer
shall have the limited, non-exclusive, revocable right to access and use the Service(s) for Customer’s
internal business purposes in accordance with the subscription plan as specifically stated in an Order
Form.
CUSTOMER RESPONSIBILITIES
- Customer’s Account: Each User shall be identified using unique login information
(“User Login”) and such User Login shall be used only by one individual.
- Acceptable Use: Customer agrees not to (a) license, sublicense, sell, resell, rent,
lease, transfer, assign, distribute, timeshare disassemble, reverse engineer, decompile or make the
Service(s) available to any third party, other than Users in furtherance of Customer’s internal
business purposes as expressly permitted by this Agreement; (b) modify, adapt, or hack the Service(s)
or otherwise attempt to gain or gain unauthorized access to the Service(s) or related systems or
networks; (c) use the Service(s) to store or transmit Sensitive Personal Information; (d) use the
Service(s) to store or transmit Service Data in violation of applicable laws and regulations,
including but not limited to violation of any person’s privacy rights, export control
laws/regulations; (e) access it for purposes of creating derivative works based on, or developing or
operating products or services for third-parties in competition with the Service(s); (f) use the
Service(s) to store or transmit any content that infringes upon any person’s intellectual property
rights or is unlawful, racist, hateful, abusive, libelous, obscene, or discriminatory; (g) use the
Service(s) to knowingly post, transmit, upload, link to, send or store any viruses, malware, trojan
horses, time bombs, or any other similar harmful software; (h) “crawl,” “scrape,” or “spider” any
page, data, or portion of or relating to the Service(s) (through use of manual or automated means);
- If the Company informs the Customer that a specified activity or purpose is prohibited with respect
to the Service(s), Customer will ensure that it shall immediately cease use of the Service(s) for such
prohibited activity or purpose.
- Customer represents and warrants that it has obtained and maintained necessary authorizations,
approvals and permissions from Users and individuals with whom Users interact when using Third-party
Service(s), for the Company to Process such Service Data for the purpose of providing the Service(s).
- Customer represents and warrants that it is free to enter into this Agreement and perform the
obligations hereunder and doing so will not violate any other agreement to which it is a party,
including any agreements with Third-party Service(s).
SERVICE(S)
- Customer may request demo of the Company’s Service(s) by creation of accounts for trail use for a
limited period of time (“Trial Period”). The Trial Period shall be subject to this
MSA and any additional terms that the Company may specify. The Company at its sole discretion, shall
have the right to terminate the Service(s) and Customers right to use the Service(s) at any time
during the Trial Period and for any reason, without being liable to the Customer.
- Any enhancements, new features or updates (“Updates”) to the Service(s) are also subject to this
Agreement and the Company reserves the right to deploy Updates at any time.
- The Service(s) may temporarily be unavailable due to scheduled downtime for upgrades and maintenance
in which case the Company shall use commercially reasonable endeavours to notify the Customer in
advance.
INTELLECTUAL PROPERTY RIGHTS
- Except for the rights granted to the Customer under clause 1, all rights, title and interest in and
to all intellectual property and/or proprietary rights, title and interest in or related to the
Service(s), including patents, inventions, copyrights, trademarks, domain names, trade secrets or
know-how (collectively, “Intellectual Property Rights”) shall belong to and remain exclusively with
the Company.
- Customer owns the rights to the Service Data that the Customer provides to the Company. The Company
does not claim ownership over such Service Data. Customer grants to the Company a royalty-free license
and right to use Service Data solely to provide, support, maintain and improve the Service(s).
- The Company shall have the right and license to incorporate into the Service(s) or otherwise use any
suggestions, enhancement requests, recommendations or other feedback it receives from the Customer.
- All rights not expressly provided to the Customer herein are reserved.
THIRD PARTY SERVICES
- The Service(s) enables integration with a wide range of Third-party Service(s). Customer
acknowledges and agrees that Customer’s use of Third-party Service(s) will be subject to the terms and
conditions and privacy policies of such third-party and that the Company shall not be liable for
Customer’s enablement, access or use of such Third-party Service(s), including Customer’s data
processed by such third party. The Company shall only be liable for Customer data when it is being
transmitted through the Service(s). Customer shall contact that Third- party service provider for any
issues arising in connection with use of such Third-party Service(s).
- When Customer authorises integration with Third-party Service(s), Customer authorises the Company to
access and store certain data provided by the Third-party Service(s) and any other information that
the Third-party Service(s) makes available to the Company, and to Process it in accordance with this
Agreement.
- Customer is responsible for authorizing the integration of Third-party Service(s) and ensuring the
Company’s access to and the transmission of Service Data through the Service(s). The Company will not
be liable for ensuring the accuracy and sufficiency of Service Data submitted to and transmitted
through the Service(s). Customer acknowledges and agrees that the Company shall have no liability for
claims arising due to Customer’s violation of this clause.
CHARGES AND PAYMENT
- Fees: All charges associated with Customer’s Account shall be based on the
Service(s) the Customer has subscribed and at the prices and payment schedule mentioned in the Order
Form (“Fees”) and any other details regarding such Fees shall be mentioned in an Order Form. The Fees
are due in full and payable in advance in accordance with clause 6.3, when the Customer subscribes to
the Service(s).
- Renewal: Unless Customer’s Account and subscription to the Service(s) is
terminated, Customer’s subscription to the Service(s) will auto-renew for a Subscription Term
equivalent in length to the then expiring Subscription Term at the then prevailing Fees.
- Payment: Customer hereby authorizes the Company or the Company’s authorized agents,
as applicable, to bill Customer upon Customer’s subscription to the Service(s) (and any renewal
thereof). Unless otherwise stated in an Order Form, Customer’s payment is due within thirty (30) days
of the Company’s invoice date.
- Refunds: Unless otherwise specified in this Agreement, all Fees are non-refundable.
No refunds shall be issued for partial use or non-use of the Service(s).
- Late Payments/Non-payment of Fees: The Company will notify Customer in the event
the Company does not receive payment towards the Fees within the due date. The Company must receive
payments within a maximum of ten (10) days from the date of the Company’s notice. If the Company does
not receive payments within the foregoing time period, in addition to the Company’s right to other
remedies available under law, the Company may (i) charge an interest for late payment @ 1.5% per month
and/or; (ii) suspend Customer’s access to and use of the Service(s) until the Company receives
Customer’s payments towards the Fees as specified in the Order Form and/or; (iii) terminate Customer’s
Account.
- Applicable Taxes: Unless otherwise stated, the Fees is inclusive of any taxes,
levies, duties or similar governmental assessments, including value-added, sales, use or withholding
taxes assessable by any local, state, provincial or foreign jurisdiction (collectively “Taxes”).
TERM, TERMINATION AND SUSPENSION
- The Subscription Term shall be set forth in a relevant Order Form.
- Termination by Customer: Customer may terminate one or more of Customer Account(s)
in the event the Company materially breaches this Agreement, provided that Customer shall provide an
advance notice of such breach and afford the Company not less than sixty (60) days to cure such
breach. In case of such termination, the Company shall, pro-rata, refund the Fees for the remainder of
the Subscription Term.
- Suspension and Termination by the Company: In addition to suspension for late
payment or non-payment of the Fees, the Company may suspend Customer’s access to and use of Customer’s
Account or the Service(s) if Customer is in violation of this Agreement. The Company will notify
Customer, if Customer’s activities violate this Agreement and, at the Company’s sole discretion,
provide Customer with a period of fifteen (15) days (“Cure Period”) to cure or cease such activities.
If Customer fails to cure or cease such activities within said Cure Period or if the Company believes
that such breaches cannot be cured, Customer’s Account/ Service(s) shall be terminated. Further, the
Company also reserves the right to terminate Customer’s Account/ Service(s) at any time by written
notice due to business reasons which shall include discontinuation of the Service(s).
- Termination for Insolvency: Notwithstanding anything contained herein, either Party
may terminate this Agreement without notice if the other Party becomes insolvent, makes or has made an
assignment for the benefit of creditors, is the subject of proceedings in voluntary or involuntary
bankruptcy instituted on behalf of or against such Party (except for involuntary bankruptcies) which
are dismissed within sixty (60) days, or has a receiver or trustee appointed for substantially all of
its property.
- Effect of Terminating Customer’s Account: Following the termination of Customer’s
Account/ Service(s) either by the Customer or by the Company, Customer’s access and use of the
Service(s) shall cease. The Company retain all Service Data in its possession for ninety (90) days
from the date of effective termination (“Data Retention Period”). The Company shall upon written
request by Customer, provide necessary assistance to the Customer in downloading Customer’s Service
Data within the Data Retention Period. Beyond the Data Retention Period, the Company reserves the
right to delete all the Service Data in the Company’s possession.
CONFIDENTIALITY; DATA PRIVACY AND SECURITY
- If Customer chooses, or is provided with, a user identification code, login, password or any other
piece of information as part of the Company’s security procedures, Customer must treat such
information as confidential. Customer must not disclose it to any third party. The Company shall have
the right to disable any user identification code or password, whether chosen by Customer or allocated
by the Company, at any time, if in the Company’s reasonable opinion, Customer has failed to comply
with any of the provisions of this Agreement. The Company will not be responsible for any activities,
including any attempted or actual access or loss of data occurring in Customer’s Account as a result
of Customer’s non-compliance of obligations under this clause.
- Each of the Parties will protect the other’s Confidential Information from unauthorized use, access
or disclosure in the same manner as each of the Parties protects its own Confidential Information, and
in any event, no less than reasonable care. Except as otherwise expressly permitted pursuant to this
Agreement, each of the Parties may use the other’s Confidential Information solely to exercise its
respective rights and perform its respective obligations under this Agreement and shall disclose such
Confidential Information solely to those of its respective employees, representatives and agents who
have a need to know such Confidential Information for such purposes and who are bound to maintain the
confidentiality of, and not misuse, such Confidential Information. The provisions of this clause shall
supersede any non-disclosure agreement by and between the Parties entered prior to this Agreement that
would purport to address the confidentiality of Service Data and such agreement shall have no further
force or effect with respect to Service Data.
- The Company shall Process any Personal Data forming part of the Service Data only on Customer’s
behalf as a data processor. The Company shall Process such Personal Data in accordance with this
Agreement and applicable data privacy laws and as part of the direct relationship between the Company
and Customer.
- Customer acknowledges and agrees that Customer shall be responsible for providing the required
notice to Consumers with respect to sharing their Personal Information with the Company.
- The Company shall provide reasonable cooperation to assist Customer to respond to any requests from
individuals or applicable data protection authorities relating to the processing of Personal
Information under this Agreement/ Data Processing Addendum when Customer is required to respond to
such requests under applicable data protection laws. In the event that any such request is made
directly to the Company, the Company shall not respond to such communication directly without
Customer’s prior authorization, unless legally compelled to do so.
- In addition to the above, if the Company is Processing any Personal Data forming part of the Service
Data originating from EEA/ UK/ Switzerland, the Data Processing Addendum in Exhibit A herein shall
apply to the Customer.
- Customer acknowledges and agrees that the Company and the Company’s group companies may access or
disclose information about Customer, Customer’s Account, Users, including Service Data, in order to
(a) comply with the law or respond to lawful requests or legal process; or (b) prevent any
infringement of group companies’ or the Company’s customers’ proprietary rights. Further, at the
Company’s sole discretion, any suspected fraudulent, abusive, or illegal activity by Customer may be
referred to law enforcement authorities.
DISCLAIMER OF WARRANTIES
- THE COMPANY WARRANTS THAT THE SERVICE(S) WILL PERFORM IN ALL MATERIAL ASPECTS IN ACCORDANCE WITH THE
DOCUMENTATION.
- THE SERVICE(S), INCLUDING ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS
AVAILABLE” BASIS. ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED
WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR NON-INFRINGEMENT, ARE
HEREBY EXCLUDED.
- CUSTOMER ACKNOWLEDGES THAT THE COMPANY DOES NOT WARRANT THAT THE ACCESS TO THE SERVICE(S), WHICH IS
PROVIDED OVER INTERNET AND VARIOUS TELECOMMUNICATIONS NETWORKS, ALL OF WHICH ARE BEYOND THE COMPANY’S
CONTROL, WILL BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE, ERROR-FREE OR FREE FROM VIRUSES OR OTHER
MALICIOUS SOFTWARE OR THAT IT WILL BE SUITABLE FOR OR MEET CUSTOMER’S REQUIREMENTS.
LIMITATION OF LIABILITY
10.1.TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EITHER PARTY BE LIABLE TO ANY
PERSON FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST REVENUE, LOST SALES, LOST GOODWILL, LOSS OF USE OR
LOST CONTENT, IMPACT ON BUSINESS, BUSINESS INTERRUPTION, LOSS OF ANTICIPATED SAVINGS, LOSS OF BUSINESS
OPPORTUNITY) HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT,
TORT, WARRANTY, BREACH OF STATUTORY DUTY,NEGLIGENCE OR OTHERWISE, EVEN IF A PARTY HAS BEEN ADVISED AS TO
THE POSSIBILITY OF SUCH DAMAGES OR COULD HAVE FORESEEN SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, THE COMPANY’S AGGREGATE LIABILITY AND THAT OF ITS AFFILIATES, OFFICERS, EMPLOYEES,
AGENTS, SUPPLIERS AND LICENSORS, RELATING TO THE SERVICE(S), WILL BE LIMITED TO AN AMOUNT EQUAL TO
TWELVE MONTHS OF THE SUBSCRIPTION CHARGES PAID BY THE CUSTOMER FOR THE SERVICE(S) PRIOR TO THE FIRST
EVENT OR OCCURRENCE GIVING RISE TO SUCH LIABILITY.
10.2.IN JURISDICTIONS WHICH DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE COMPANY’S LIABILITY WILL BE LIMITED TO THE
GREATEST EXTENT PERMITTED BY LAW.
10.3.NOTWITHSTANDING ANYTHING ELSE TO THE CONTRARY, THE COMPANY DISCLAIMS ALL LIABILITIES, TO THE
MAXIMUM EXTENT PERMITTED BY LAW, WITH RESPECT TO THE SERVICES OFFERED DURING THE TRIAL PERIOD.
INDEMNIFICATION
11.1.Indemnification by Customer: Customer will indemnify and hold the Company harmless against any
claim brought by a third party against the Company, its respective employees, officers, directors and
agents arising from Customer’s acts or omissions in connection with clause 2 of this Agreement provided
that (a) the Company promptly notifies Customer of the threat or notice of such a claim, (b) Customer
will have the sole and exclusive control and authority to select defense attorneys, defend and/or settle
any such claim; and (c) the Company shall fully cooperate with the Customer in connection therewith.
11.2.Indemnification by Company: The Company will defend Customer, from any third-party claim alleging
that Customer’s use of the Service(s) as contemplated hereunder infringes any third party’s patent,
copyright and/or trademark intellectual property rights (an “IP Claim”), and will indemnify and hold
Customer harmless from and against any damages and costs awarded against Customer, or agreed in
settlement by the Company (including reasonable attorneys’ fees) resulting from such IP Claim. The
Company will have no liability or obligation with respect to any IP Claim if such claim is caused in
whole or in part by (i) unauthorized use of the Service(s) by the Customer, or Customer’s Users; (ii)
modification of the Service(s) by anyone other than the Company; or (iii) the combination, operation or
use of the Service(s) with other data, hardware or software not provided by the Company. If Customer’s
use of the Service(s) results or in the Company’s opinion is likely to result in an IP Claim, the
Company may at its own option and expense (a) procure for the Customer the right to continue using the
foregoing items as set forth hereunder; (b) replace or modify them to make them non-infringing; or (c)
if options (a) or (b) are not commercially reasonably as determined by the Company, then either Customer
or the Company may terminate Customer’s subscription to the Service(s), and the Company shall refund to
the Customer, on a pro-rated basis, any Fees that Customer has previously paid for the corresponding
unused portion. This sections above state the Company’s entire liability and Customer’s exclusive remedy
with respect to an IP Claim.
MISCELLANEOUS
12.1.Entire Agreement and Revisions: This Agreement, including all schedules, exhibits
and Order Form incorporated herein by reference, contains the entire agreement and understanding of the
Parties and supersedes all prior communications, discussions, negotiations, proposed agreements, and all
other agreements between the Parties, whether written or oral, concerning the subject matter herein.
This Agreement may be amended only by a written agreement of the Parties and signed by the duly
authorized agents of the Parties.
12.2.Relationship of the Parties: The Parties are independent contractors. This
Agreement does not create a partnership, franchise, joint venture, agency, fiduciary, or employment
relationship among the Parties.
12.3.Assignment: Except to either Party’s affiliates/within group companies, either
Party may not, directly or indirectly, assign all or any part of this Agreement or rights under this
Agreement or delegate performance of its respective duties under this Agreement without the prior
consent, which consent shall not be unreasonably withheld, by the other Party. In the event of
assignment to an affiliate/ group company, the party assigning its performance shall promptly intimate
the other party of such assignment and shall not default in any of its payment obligations under this
Agreement. Subject to the foregoing restrictions, this Agreement will be fully binding upon, inure to
the benefit of and be enforceable by the Parties and their respective successors and assigns.
12.4.Force Majeure: Notwithstanding anything to the contrary contained elsewhere, the
Company shall not be liable for unavailability of the Service(s) caused by circumstances beyond the
Company’s reasonable control, such as but not limited to, acts of God, acts of government, pandemic,
epidemic acts of terror or civil unrest, technical failures beyond the Company’s reasonable control
(including, without limitation, inability to access the internet, unauthorized loss, distribution or
dissemination of Service Data), or acts undertaken by third parties, including without limitation,
distributed denial of service attacks.
12.5.Governing Law and Dispute Resolution: This Agreement shall be governed by the
laws of the State of Delaware. Customer hereby expressly agrees to submit to the exclusive personal
jurisdiction of the courts in Delaware. Any dispute, claim or controversy arising out of or relating to
this Agreement or the breach, termination, enforcement, interpretation, or validity thereof, including
the determination of the scope or applicability of this Agreement to arbitrate, shall be first settled
by arbitration administered by JAMS pursuant to its arbitration rules and procedures. Judgment on the
award may be entered in any court having jurisdiction. This clause will not preclude the Parties from
seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The
language of the arbitration shall be English, and the seat shall be the State of Delaware.
12.6.Export Compliance: The Service(s) and Documentation, thereof may be subject to
export laws and regulations of the U.S. and other applicable jurisdictions. Customer represents and
warrants that Customer is not on any U.S. government prohibited list. Customer will not permit any User
to access or use the Services or Documentation in a country or region that is embargoed by the U.S. or
other applicable jurisdictions or in violation of any export law or regulation of the U.S. or other
applicable jurisdictions.
12.7.Publicity Rights: Customer hereby grants the Compamy a royalty-free, worldwide,
transferable license to use Customer’s trademarks or logos to identify the Customer as the Company’s
customer on the Company’s websites and/or marketing collateral.
12.8.Notices and Consent to Electronic Communications: All notices to be provided by
the Company to Customer under this Agreement may be delivered in writing (i) by nationally recognized
overnight delivery Service(s) (“Courier”) or to the contact mailing address provided by the Customer in
the relevant Order Form; or (ii) electronic mail to the e-mail address provided by the Customer. The
Company’s address for a notice to Us: (i)in writing by Courier is 1007, N Orange Street, 4th Floor, 1285
Wilmington 19801 Delaware U.S.A or (ii) by electronic mail is bala@zorp.one. All notices shall be deemed
to have been given immediately upon delivery by electronic mail, or if otherwise delivered upon receipt
or, if earlier, two (2) business days after being deposited in the mail or with a Courier as permitted
above.
12.9.Survival: All clauses which, by their nature are intended to survive, including
without limitation Clauses 4 (Intellectual Property Rights), 6 (Charges and Payment), 7 (Term and
Termination), 8 (Confidentiality; Security and Data Privacy;), 9 (Disclaimer of Warranties), 10
(Limitation of Liability), 11 (Indemnification), 12 (Miscellaneous) and 13 (Definitions) shall survive
any termination of this Agreement with respect to use of the Service(s) by the Customer. Termination
shall not limit either Party’s liability for obligations accrued as of or prior to such termination or
for any breach of this Agreement.
DEFINITIONS
When used in this Agreement with the initial letters capitalized, in addition to terms defined
elsewhere in this Agreement, the following terms have the following meanings:
Account: means any accounts or instances created by the Customer or on Customer’s
behalf for access and use of the Service(s).
API: means the application programming interfaces developed, enabled by or licensed to
the Company that permits access to certain functionality provided by the Service(s).
Confidential Information: means all information disclosed by one Party to the other
Party which is in tangible form and labelled “confidential” (or with a similar legend) or which a
reasonable person would understand to be confidential given the nature of the information and
circumstances of disclosure. For purposes of this Agreement, Service Data shall be deemed Confidential
Information. Notwithstanding the foregoing, Confidential Information shall not include any information
which (a) was publicly known and made generally available in the public domain prior to the time of
disclosure by the disclosing party; (b) becomes publicly known and made generally available after
disclosure by the disclosing party to the receiving party through no action or inaction of the receiving
party; (c) is already in the possession of the receiving party at the time of disclosure by the
disclosing party as shown by the receiving party’s files and records prior to the time of disclosure;
(d) is obtained by the receiving party from a third party without a breach of such third party’s
obligations of confidentiality; (e) is independently developed by the receiving party without use of or
reference to the disclosing party’s Confidential Information, as shown by documents and other competent
evidence in the receiving party’s possession; or (f) is required by law to be disclosed by the receiving
party, provided that the receiving party shall, to the extent legally permitted, give the disclosing
party written notice of such requirement prior to disclosing so that the disclosing party may seek a
protective order or other appropriate relief.
Documentation: means any written or electronic documentation, images, video, text or
sounds specifying the functionalities of the Service(s) provided or made available by the Company to the
Customer or Customer’s Users through the Service(s) or otherwise.
Order Form: means any service order form or statement of work specifying the
Service(s) subscribed to, particular features and functionalities in the Service(s) that the Customer
wishes to avail and the Subscription Term.\
Personal Data: means data relating to a living individual who is or can be identified
either from the data or from the data in conjunction with other information that is in, or is likely to
come into, the possession of the data controller.
Processing/To Process: means any operation or set of operations which is performed
upon Personal Data, whether or not by automatic means, such as collection, recording, organization,
storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission,
dissemination or otherwise making available, alignment or combination, blocking, erasure or destruction.
Sensitive Personal Information means information that relates to an individual’s
racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership,
genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning
health, or data concerning a natural person's sex life or sexual orientation. It also includes
information about an individual's criminal offences or convictions, as well as any other information
deemed sensitive under applicable data protection laws.
Service(s): means the Company’s cloud-based metering and billing services offered to
the Customer and any new services that the Company may introduce as a service to which the Customer may
subscribe to, and any updates, modifications or improvements thereto, including individually and
collectively, Software, API and any Documentaiton.
Service Data: means all electronic data, text, messages, emails, personal data or
other materials, including without limitation Personal Data of Users and end users, submitted to the
Service(s) by the Customer through Customer’s Account or through integration with Third-party Service(s)
in connection with Customer’s use of the Service(s).
Software: means software provided by the Company (either by download or access through
the internet) that allows the Customer to use any functionality in connection with the Service(s).
Subscription Term: means the period during which Customer has agreed to subscribe to
the Service(s) specified in the subscription plan or in a relevant Order Form
Third-party Service(s) shall mean third party application(s) or service(s) integrating
with the Service(s) through APIs or otherwise enabled through the Service(s) which requires the Customer
to have Customer’s own accounts with such third-party application(s) or service(s) in order to utilize
them.
User: means those who are designated users within the Service(s), including an Account
administrator, agents and other designated users.
Website(s) shall mean the websites owned and operated by the Company including www.zorp.one.