Information of OmboriGrid. Customer Data constitutes Confidential Information of the Customer. Feedback is not Confidential Information.
“Customer Agreement” means a separate agreement entered into by the Customer with OmboriGrid regarding the Customer’s Use of the Service, e.g. a Master Service Agreement.
“Customer App” means an application, including any content therein, developed by the Customer or by OmboriGrid or any third party on behalf of the Customer.
“Customer Data” means any data processed by OmboriGrid, its Affiliates or Approved Partners on behalf of the Customer, including any data or other information uploaded by the Customer and/or any User to the Service, but excluding any Feedback.
“Customer” means the legal entity subscribing to or Using the Service under this Agreement.
“Data Processing Addendum” means the data processing addendum entered into between OmboriGrid and the
Customer.
“Data Residency” means the country or region where the data of the Customer’s Tenant is located.
“Derived Data” means anonymized and aggregated data (such as metadata, generated data, by-product data and information about usage of functions or features) which is collected, derived or obtained by OmboriGrid, its Affiliates or Approved Partners and is based on Customer Data, or otherwise in connection with the Customer’s or the Users Use of the Service, through which neither the Customer nor Users are identifiable.
“Developer Account” means an Account permitting Use of the Platform solely to develop new Apps or offer Third- Party Content. All Use or customization of Apps on the Marketplace requires additional Account(s).
“Devices” means any third-party computer, mobile handset, tablet, screen, wearable device, speaker, hardware or any other device provided as part of the Service, or otherwise used together with the Service as specified in Section 11, including Certified Devices. Supply of Devices is subject to separate terms and conditions.
“Feedback” means any feedback, suggestions, ideas, materials or similar that the Customer or any User shares, uploads or otherwise makes available to OmboriGrid or via the Service.
“Fees” means the prices for the Service, the Apps and any services offered by OmboriGrid from time to time, including, any Use of the Service or the Apps, any Service Level Agreement or any support offered by OmboriGrid, and any Tenant Plans and Support Plans.
“Force Majeure Event” means war, natural disaster, order of any government, court or regulatory body having jurisdiction, blockade, embargo, riot, civil disorder, epidemic, pandemic or other similar event, in each case where such event was not foreseeable at the time of entering into this Agreement by the parties and its effects not capable of being overcome without unreasonable expense or loss of time of the Party who is obligated to render performance under this Agreement.
“Grid Usage Unit” means the billing unit that may be used by OmboriGrid to charge and bill the Fees when an agreement for Use of the Service with the Customer is entered through an Approved Partner.
“Installation” means the combination of an App, a Customer specific configuration of that App, and the number of chosen instances for that App. The same App can have multiple installations but only one configuration is possible per Installation.
“Managed Tenant” means a Tenant created in the Service for a specific Customer and for the Customer’s use, which belongs to the Customer but can be managed by an Approved Partner on the Customer’s behalf.
“Master Service Agreement” means a separate agreement entered into between OmboriGrid or any of its Affiliates or an Approved Partner and the Customer for the supply of the Service, sale of Apps and/or development of Customer Apps and/or the provision of other services to the Customer, including any schedules or addenda thereto.
“OmboriGrid Content” means any Apps, templates, methods, designs, tools, widgets, tool data, and any other information made available by OmboriGrid or any of its Affiliates to the Customer via the Service from time to time.
“Party” and “Parties” means either OmboriGrid or the Customer and OmboriGrid and the Customer jointly, respectively.
“Personal Data” shall have the meaning given to it in the General Data Protection Regulation (EU) 2016/679 (“GDPR”).
“Pricing Policy” means OmboriGrid’s Pricing and Billing Policy, as amended from time to time.