License Agreement
Below our license agreement to be approved before starting with Blackbell.
Last updated - February 12th, 2019
If you do not understand any of the terms of this Agreement, please contact us on legal@blackbellapp.com before using the services.
Last updated - February 12th, 2019
If you do not understand any of the terms of this Agreement, please contact us on legal@blackbellapp.com before using the services.
You may not access or use any services unless you agree to abide by all of the terms and conditions in this Agreement.
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This License Agreement (this “Agreement”) constitutes a legal agreement between Blackbell, Inc. (“Blackbell”) and you (the “Customer”) (each, a “Party,” and together, the “Parties”). This Agreement governs use of the Blackbell Products (as defined below) by Authorized Users (as defined below) and End Users (as defined below). This Agreement will be effective as of the date that the Customer click “I Agree” or “Next” to the terms and conditions of this Agreement (“Effective Date”).
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This License Agreement (this “Agreement”) constitutes a legal agreement between Blackbell, Inc. (“Blackbell”) and you (the “Customer”) (each, a “Party,” and together, the “Parties”). This Agreement governs use of the Blackbell Products (as defined below) by Authorized Users (as defined below) and End Users (as defined below). This Agreement will be effective as of the date that the Customer click “I Agree” or “Next” to the terms and conditions of this Agreement (“Effective Date”).
1 - Definitions. The definitions for some of the defined terms used in this Agreement are set forth below. The definitions for other defined terms are set forth elsewhere in this Agreement.
1.1 “Affiliate” means, with respect to any entity, any other entity that, directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with, such entity. The term “control” means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of an entity, whether through the ownership of voting securities, by contract, or otherwise.
1.2 “Authorized User(s)” means an employee or individual contractor of Customer (solely to the extent such contractor is providing services to Customer), who has been authorized by Customer to use the Blackbell Products set forth on the Online Subscription.
1.3 “Blackbell Platform” means Blackbell’s Internet based proprietary platform, including but not limited to the interface known as the “Back Office” and the Blackbell APIs, together with the associated Documentation.
1.4 “Blackbell Product(s)” means the Blackbell Platform, the Blackbell Solution and the Software.
1.5 “Blackbell Solution” means Blackbell’s proprietary Internet based platform/system that allows End Users to access information and order certain goods and services from Customer or Third Party Vendor(s), together with the associated Documentation.
1.6 “Customer Data” means all data, information, content, and other materials that Customer, or its Authorized Users store, process, or otherwise transmit through their use of the Blackbell Products. Customer Data shall also include all data related to Customer’s account at the Payment Service Provider
1.7 “Destructive Elements” means computer code, programs, or programming devices that are intentionally designed to disrupt, modify, access, delete, damage, deactivate, disable, harm, or otherwise impede in any manner, including aesthetic disruptions or distortions, the operation of any software, firmware, hardware, computer system, or network (including, without limitation, “Trojan horses,” “viruses,” “worms,” “time bombs,” “time locks,” “devices,” “traps,” “access codes,” or “drop dead” or “trap door” devices).
1.8 “Documentation” means any user guides and other documentation for the Blackbell Products that Blackbell provides to Customer.
1.9 “End User(s)” means a guest, a Third Party Vendor or an end customer of Customer that is designated by Customer as having the right to access and use the Blackbell Solution.
1.10 “End User Data” means all data, information, content, and other materials that End Users store, process, or otherwise transmit through their use of the Blackbell Solution, including but not limited to, orders or requests for goods and services.
1.11 “Licensed Facility” means a specific Customer facility located at the specific address communicated with the Online Subscription where Authorized Users are authorized to use the Software. Servers that service this specified facility may be hosted elsewhere.
1.12 “Online Subscription” means an order that is placed online by Customer or its Authorized Users in order to subscribe to the Blackbell Products. The Online Subscription process sets forth: (i) the Blackbell Product(s) being ordered; (ii) whether such Blackbell Product is being made available as downloadable software or as Customer-hosted, web-based service (“SaaS Software”); (iii) the applicable License Term and/or the Subscription Term (as defined below); (iv) the applicable fees; and (v) other mutually-agreed upon terms and conditions relating to such order.