Allocadia Terms of Service
These Terms of Service (this “Agreement”) govern your use of and access to the services provided by Allocadia Software Inc. (“Allocadia”).
By entering into a Services order form (“Order”) with Allocadia, you (“Customer”) unconditionally accept and agree to all of the terms of this Agreement. By entering into this Agreement on behalf of a company or other legal entity, Customer represents and warrants that it has the authority to bind such entity and its affiliates to the terms of this Agreement. If Customer does not have such authority, or Customer does not agree to all of the terms of this Agreement, Customer may not, without exception, use the Services.
Allocadia and Customer may be referred to herein collectively as the “Parties” and individually, a “Party”.
“Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control with the subject entity. For purposes of this definition, “control” means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity.“Authorized Users” means the Customer’s individual employees, consultants, contractors, agents, and/or Affiliates who are authorized by Customer to access and use the Subscription Services in accordance with this Agreement and the Order(s).
“Business Data” means all Customer electronic data submitted by or for the Customer to the Subscription Services which does not identify, which does not identify, or through additional processing would not allow the identification of, a natural person. For clarity, Business Data does not include Personal Data.
“Customer Data” means all Customer electronic data submitted by or for the Customer to the Subscription Services, consisting of Business Data and Personal Data.
“Documentation” means the online user instructions made available by Allocadia as part of the Subscription Services, as may be updated from time to time by Allocadia and made available at: https://support.allocadia.com.
“Including,” whether or not capitalized, means “including, but not limited to.”
“Order” means an executed order form issued pursuant to this Agreement for Services purchased from Allocadia.
“Personal Data” has the meaning as defined in Article 4 of the Regulation (EU) 2016/679 (General Data Protection Regulation). Allocadia will only process, according to Customer’s written instructions, the following Personal Data: first name, last name, and the business email address of Authorized Users.
“Professional Services” means fee-based implementation, training, or other consulting services that Allocadia may perform as described in an Order executed by the Parties pursuant to this Agreement.
“Representatives” means the Affiliates, officers, directors, or independent contractors of a Party.
“Services” means the Subscription Services and/or any Professional Services.
“Subscription Services” means the online, cloud-based application, and applicable integration(s) provided by Allocadia, its licensors, and service providers, and any separate recurring support services.
“Subscription Term” means Customer’s subscription rights to use the Subscription Services beginning on the start date specified in the Order(s) and continuing thereafter as set forth therein.