“We,” “Us” or “Our” means PowerTeam LLC. DBA PowerObjects, or its Affiliate that is listed in the applicable Order Form.
“You” or “Your” means the company or other legal entity for which You are accepting this Agreement, and Affiliates of that company or entity which have signed Order Forms.
“Solution” means any of the PowerPack Software Solutions published by Us that are ordered by You under an Order Form or provided to You under a free trial.
“Service” means any Online Services made available by Us as part of the PowerPack Solutions that are ordered by You under an Order Form or provided to You under a free trial.
“Agreement” means these Terms of Service, as the same may be amended or modified (in accordance with Section 3.28 or 3.31 below) from time to time.
“ToS” means these Terms of Service.
“EULA” means the PowerPacks End User License Agreement
“Brands” means, with respect to either party, the name, trade name, trademarks and icons of such party.
“Documentation” means the applicable usage guides and policies, as updated from time to time, accessible via https://www.powerobjects.com or login to the applicable Service.
“Effective Date” means the date that You accept this Agreement.
“Initial Term” shall have the meaning set forth in Section 3.4 below.
“Renewal Term” shall have the meaning set forth in Section 3.4 below.
“Term” shall have the meaning set forth in Section 3.4 below.
“Order Form” means an ordering document or online order specifying the Services or Solutions to be provided hereunder that is entered into between You and Us or any of Our Affiliates, including any addenda and supplements thereto. By entering into an Order Form hereunder, an Affiliate agrees to be bound by the terms of this Agreement as if it were an original party hereto.
“Third-Party Application” means a Web-based, mobile, offline or other software application functionality that is provided by You or a third party and interoperates with a Service.
“Instance” means any Microsoft Business Applications service or environment.
“Malicious Code” means code, files, scripts, agents or programs intended to damage the operation of another’s computer or property of another, including, for example, viruses, worms, time bombs, cancelbots and Trojan horses.
“External User” means a user of an Online Service that is not an employee, onsite contractor, or onsite agent of Customer or its Affiliates.
“Beta” means preview, beta or other pre-release features, Solutions, and Services offered by Us for optional evaluation.
“Your Data” means all data, including all text, sound, video, or image files, and software, that are provided to Us by You, or on Your behalf of, through use of the Services and Solutions. Your Data does not include Support Data.
“Personal Data” means any information relating to an identified or identifiable natural person. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
“Professional Services” means Our technical support and consulting services (e.g., for data migration) related to any PowerPack Service.
“General Data Protection Regulation” or “GDPR” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.
“GDPR Terms” means the terms in Section 7 Attachment, under which We make binding commitments regarding its processing of Personal Data as required by Article 28 of the General Data Protection Regulation.
“Standard Contractual Clauses” means the standard data protection clauses for the transfer of personal data to processors established in third countries which do not ensure an adequate level of data protection, as described in Article 46 of the GDPR. The Standard Contractual Clauses are in Section 6 Attachment.
“Subprocessor” means other processors used by Us to process data.
“Support Data” means all data, including all text, sound, video, image files, or software, that are provided to Microsoft by or on behalf of Customer (or that Customer authorizes Microsoft to obtain from an Online Service) through an engagement with Microsoft to obtain technical support for Online Services covered under this agreement.
The terms “data subject”, “processing”, “processor”, and “supervisory authority” as used herein have the meanings given in the GDPR and the terms “data importer” and “data exporter” have the meanings given in the Standard Contractual Clauses.