Revised August 2, 2016
This Enterprise Master Services Agreement (the “Agreement”) is entered into as of the Effective Date between Contactually, Inc. (“Contactually”) and the entity signing related agreements (“Customer”).
GLOSSARY |
|
Term | Definition |
Aggregated Anonymous Data | Is defined in Section 5.5. |
Agreement | This Enterprise Subscription Agreement, together with any Purchase Orders, Statements of Work and other exhibits agreed to by the Parties and made a part hereof. |
Confidential Information | Is defined in Section 6.2. |
Contactually Properties | Any and all websites and mobile sites owned or controlled by Contactually. |
Customer | The entity identified in the signature block of this Agreement. |
Customer Data | Contact and other information provided by Customer for use with the Subscription Services. |
Disclosing Party | Is defined in Section 6.1. |
Documentation | Any documentation made available to Customer by Contactually in connection with the Service. |
Effective Date | The last date entered in the signature block to this Agreement. |
Feedback | Is defined in Section 5.3. |
Indemnified Party | Is defined in Section 9.3. |
Indemnifying Party | Is defined in Section 9.3. |
Initial Term | The initial term of the Subscription Services, as set forth in the Order. |
Intellectual Property | With respect to each Party, its patents, trademarks, service marks, logos, copyrights, trade secrets, and any other intellectual property. |
Marks | With respect to each Party, its trademarks, service marks, and taglines and associated logos. |
Order | Is defined in Section 1.1. |
Parties | Collectively, Customer and Contactually. |
Party | Either Customer or Contactually. |
Professional Services | Is defined in Section 3.1. |
Purchase Order | The document used to purchase Services under this Agreement, signed by both parties, and incorporated into this Agreement. |
Receiving Party
Renewal Term |
Is defined in Section 6.1.
Is defined in Section 10.1. |
Seats | The number of Customer personnel authorized to access the Service (also referred to as “Users”). |
Service | The products and services, including, without limitation, the software application used to collect, track, and analyze Data and generate Analyzed Data on behalf of Customer, together with any Documentation provided to Customer by Contactually pursuant to this Agreement and any Order hereunder. |
Subscription Service | Is defined in Section 2.1. |
Supplementary Data | Data generated by Contactually from any digital sources, including email service providers, social media accounts, and mobile phones; digital news and media content; and any digital communication content and messages collected through the Service from Third Party Properties, and made available to Customer through the Subscription service. |
Term | The Initial Term and any renewal periods. |
Third Party | Any third party from which Data is collected by the Service. |
Third-Party Properties | Any websites, mobile sites, apps, and products, owned or controlled by Third Parties, from which Contactually collects Data. |
User Account | Is defined in Section 2.3. |
Users | The Customer personnel authorized to access the Service (also referred to as “Seats”). |