Please read these terms of service carefully.
Each party acknowledges that it has read this agreement, understands it, and agrees to be bound by its terms, and that the person signing on its behalf has been authorized to do so. the person executing this agreement on customer’s behalf represents that he or she has the authority to bind customer to these terms and conditions.
The following capitalized terms shall have the following meanings whenever used in this Agreement.
1.1. “Customer Data” means data in electronic form input or collected through the Platform by or from Customer, including without limitation by Customer’s Users or from individuals or business entities doing business with Customer or that Customer has invited to use the Platform.
1.2. “Documentation” means any written documentation provided to Customer by Ematic to facilitate Customer’s use of the Platform under the terms of this Agreement.
1.3. “Order” means an order for access to the Platform created either electronically through the Platform when Customer opens an Ematic account or in the form of a document signed by both Ematic and Customer, including by electronic signature.
1.5. “Platform” means Ematic’s Email Intelligence Cloud Platform which includes Bye-IQ, Hi-IQ, and Retry-IQ.
1.6. “Term” is defined in Section 11.1 below.
1.7. “Third Party Platform” means third party software product and service.
1.8. “User” means any individual who uses the Platform on Customer’s behalf or through Customer’s account or passwords, whether authorized or not.
2. THE PLATFORM
3. PLATFORM FEES, BILLING & PAYMENT
4. CUSTOMER DATA & PRIVACY
5. CUSTOMER’S RESPONSIBILITIES & RESTRICTIONS
6. IP & FEEDBACK
7. CONFIDENTIAL INFORMATION
8. REPRESENTATIONS & WARRANTIES
10. LIMITATION OF LIABILITY
11. TERM & TERMINATION
12. THIRD PARTY SOFTWARE PRODUCT AND SERVICE