Publication date May 10, 2024
Effective date May 10, 2024
This Terms of Service (“Agreement”) is entered into by and between Kerekasztal Kör Kft. identified in an Order and the entity or person placing an order for or accessing the Service (“Customer” or “you”). This Agreement consists of the terms and conditions set forth below and any Orders. If you are accessing or using the Service on behalf of your company, you represent that you are authorized to accept this Agreement on behalf of your company, and all references to “you” reference your company.
The “Effective Date” of this Agreement is the date which is the earlier of (a) Customer’s initial access to the Service through any online provisioning, registration or order process or (b) the effective date of the first Order. This Agreement will govern Customer’s initial purchase on the Effective Date as well as any future purchases made by Customer that reference this Agreement. Kerekasztal Kör may modify this Agreement from time to time as permitted in Section 18 (Modifications to Agreement). By indicating your acceptance of this Agreement or accessing or using the Service, you are agreeing to be bound by the terms and conditions of this Agreement. Each party expressly agrees that this Agreement is legally binding upon it.
1. Overview
Kerekasztal offers a unique Service for organisational assessment that is designed to allow Users to create, edit and share different maps of organisational maturity. Customer maintains sole control over the types and content of all Customer Content it submits to the Service.
2. The Service
2.1 Permitted Use
During the Subscription Term, Customer may access and use the Service only for its internal business or personal purposes, including any usage limits in an Order. This includes the right to use the Software as part of Customer’s authorized use of the Service.
2.2 Users
Only Users may access or use the Service. Each User must keep its login credentials confidential and not share them with anyone else. Customer is responsible for its Users’ compliance with this Agreement and actions taken through their accounts (excluding misuse of accounts caused by Kerekasztal breach of this Agreement). Customer will promptly notify Kerekasztal if it becomes aware of any compromise of its User login credentials. Kerekasztal uses User account information as described in its Privacy Policy.
2.3 Administrators
Customer may designate a User as an administrator with control over Customer’s Service account, including management of Users and Customer Content. Customer is fully responsible for its choice of administrators and any actions they take.
2.4 Registration Using Corporate Email
If you created an account using an email address belonging to your employer or other entity, you represent and warrant that you have authority to create an account on behalf of such entity and further acknowledge that Kerekasztal may share your email address with and control of your account may be taken over by such entity (as the “Customer”). Upon such takeover, the administrator controlling the account may be able to (i) access, disclose, restrict or remove information from the account, (ii) restrict or terminate your access to the Service and (iii) prevent you from later disassociating such account from the Customer.
2.5 Age Requirement for Users
The Service is not intended for, and may not be used by, anyone under the age of 16. Customer is responsible for ensuring that all Users are at least 16 years old.
2.6 Restrictions
Customer will not (and will not permit anyone else to) do any of the following: (a) provide access to, distribute, sell or sublicense the Service to a third party, (b) use the Service on behalf of, or to provide any product or service to, third parties, (c) use the Service to develop a similar or competing product or service, (d) scrape, data mine, reverse engineer, decompile, disassemble or seek to access the source code or non-public APIs to or unauthorized data from the Service, except to the extent expressly permitted by Law (and then only with prior notice to Kerekasztal), (e) modify or create derivative works of the Service or copy any element of the Service (other than authorized copies of the Software), (f) remove or obscure any proprietary notices in the Service or otherwise misrepresent the source of ownership of the Service, (g) publish benchmarks or performance information about the Service, (h) interfere with the Service’s operation, circumvent its access restrictions or conduct any security or vulnerability test of the Service, (i) transmit any viruses or other harmful materials to the Service, (j) allow Users to share User seats, (k) engage in any fraudulent, misleading, illegal or unethical activities related to the Service or (l) use the Service to store or transmit material which contains illegal content.
3. Support
During the Subscription Term, Kerekasztal will provide Support in accordance with the Support Policy.
4. Customer Content
4.1 Data Use
Customer grants Kerekasztal the non-exclusive, worldwide right to use, copy, store, transmit and display Customer Content and to modify and create derivative works of Customer Content (for reformatting or other technical purposes), but only as necessary to provide the Service, Support and any Technical Services to Customer under this Agreement.
4.2 Security
Kerekasztal uses reasonable technical and organizational measures designed to protect the Service and Customer Content as described in the Security Policy.
4.3 Personal Data
Each party agrees to comply with the DPA.
4.4 Data Export
During the Subscription Term or within 30 days thereafter, Customer may export its Customer Content from the Service. After this export period, Kerekasztal may delete Customer Content in accordance with its standard schedule and procedures. If Customer elects to proactively delete its account at any time, all associated Customer Content will be deleted permanently and cannot be retrieved.
5. Customer Obligations
5.1 Generally
Customer is responsible for its Customer Content, including its content and accuracy, and agrees to comply with Laws in using the Service. Customer represents and warrants that it has made all disclosures and has all rights, consents and permissions necessary to use its Customer Content with the Service and grant Kerekasztal the rights in Section 4.1 (Data Use), all without violating or infringing Laws, third-party rights (including intellectual property, publicity or privacy rights) or any terms or privacy policies that apply to the Customer Content.
5.2 Prohibited Uses
Customer must not use the Service with Prohibited Data or for High Risk Activities. Customer acknowledges that the Service is not intended to meet any legal obligations for these uses, including HIPAA requirements, and that Kerekasztal is not a Business Associate as defined under HIPAA. Notwithstanding anything else in this Agreement, Kerekasztal has no liability for Prohibited Data or use of the Service for High Risk Activities.
6. Suspension of Service
Kerekasztal may suspend Customer’s or a User’s access to and use of the Service and related services if Customer breaches Section 2.8 (Age Requirement for Users), Section 2.9 (Restrictions) or Section 5 (Customer Obligations), if Customer’s account is 10 days or more overdue or if Customer’s or User’s actions risk harm to other customers or the security, availability or integrity of the Service. Where practicable, Kerekasztal will use reasonable efforts to provide Customer with prior notice of the suspension. Once Customer resolves the issue requiring suspension, Kerekasztal will promptly restore Customer’s or User’s access to the Service in accordance with this Agreement.
7. Technical Services
Any purchased Technical Services are as described in the relevant Order. Customer will give Kerekasztal timely access to Customer Materials reasonably needed for the Technical Services, and if Customer fails to do so, Kerekasztal’s obligation to provide Technical Services will be excused until access is provided. Kerekasztal will use Customer Materials only for purposes of providing Technical Services. Any Technical Services deliverables relate to the configuration or use of the Service. Customer may use Technical Services deliverables only as part of its authorized use of the Service, subject to the same terms as for the Service in Section 2 (The Service) and Section 5 (Customer Obligations).
8. Commercial Terms
8.1 Subscription Term
Unless otherwise specified in the applicable Order, each Subscription Term will renew for successive 12-month periods, unless either party gives the other party notice of non-renewal at least 90 days before the current Subscription Term ends. Upon notice of non-renewal, Customer will not be charged for the next billing cycle but will not receive any refunds or credits for amounts that have already been charged.
8.2 Fees and Taxes
Fees are as described in each Order. Customer will reimburse Kerekasztal for pre-approved travel and lodging expenses it incurs in providing Technical Services. Fees are invoiced on the schedule in the Order and reimbursable expenses are invoiced in arrears. Customer agrees that Kerekasztal may bill Customer’s credit card or other payment method for renewals, expenses and any other unpaid fees, as applicable. Customer may change its payment method information by entering updated information through the user interface of the Service. Unless the Order provides otherwise, all fees and expenses are due within 30 days of the billing date specified in the applicable Order. Fees for renewal Subscription Terms are at Kerekasztal’s then-current rates, regardless of any discounted pricing in a prior Order. Late payments are subject to a service charge of 1.5% per month or the maximum amount allowed by Law, whichever is less. All fees and expenses are non-refundable except as set out in Section 10.2 (Warranty Remedy) and Section 14.4 (Mitigation and Exceptions). Customer is responsible for any sales, use, goods and services, value-added, withholding or similar taxes or levies that apply to its Orders, whether domestic or foreign (“Taxes”), other than Kerekasztal’s income tax. Fees and expenses are exclusive of Taxes.
9. Warranties and Disclaimers
9.1 Limited Warranty
Kerekasztal warrants to Customer that:
(a) the Service will perform materially and Kerekasztal will not materially decrease the overall functionality of the Service during a Subscription Term (the “Performance Warranty”) and (b) Kerekasztal will perform any Technical Services in a professional and workmanlike manner (the “Technical Services Warranty”).
9.2 Warranty Remedy
If Kerekasztal breaches Section 9.1 (Limited Warranty) and Customer makes a reasonably detailed warranty claim within 30 days of discovering the issue, then Kerekasztal will use reasonable efforts to correct the non-conformity. If Kerekasztal cannot do so within 60 days of Customer’s warranty claim, either party may terminate the affected Order as relates to the non-conforming Service or Technical Services. Kerekasztal will then refund to Customer any pre-paid, unused fees for the terminated portion of the Subscription Term (for the Performance Warranty) or for the non-conforming Technical Services (for the Technical Services Warranty). These procedures are Customer’s exclusive remedy and Kerekasztal’s entire liability for breach of the warranties in Section 9.1. These warranties do not apply to (a) issues caused by misuse or unauthorized modifications, (b) issues in or caused by Third-Party Platforms or other third-party systems or (c) Trials and Betas or other free or evaluation use.
9.3 Disclaimers
Except as expressly provided in Section 9.1 (Limited Warranty), the Service, Support, Technical Services and all related Kerekasztal services are provided “AS IS”. Kerekasztal and its suppliers make no other warranties, whether express, implied, statutory or otherwise, including warranties of merchantability, fitness for a particular purpose, title or noninfringement. Without limiting its express obligations in Section 3 (Support), Kerekasztal does not warrant that Customer’s use of the Service will be uninterrupted or error-free or that the Service will meet Customer’s requirements, operate in combination with third-party services used by Customer or maintain Customer Content without loss. Kerekasztal is not liable for delays, failures or problems inherent in use of the Internet and electronic communications or other systems outside Kerekasztal’s control. Customer may have other statutory rights, but any statutorily required warranties will be limited to the shortest legally permitted period.
10. Term and Termination
10.1 Term
This Agreement starts on the Effective Date and continues until 90 days after expiration or termination of all Subscription Terms.
10.2 Termination for Cause
Either party may terminate this Agreement (including all Orders) if the other party (a) fails to cure a material breach of this Agreement (including a failure to pay fees) within 30 days after notice, (b) ceases operation without a successor or (c) seeks protection under a bankruptcy, receivership, trust deed, creditors’ arrangement, composition or comparable proceeding, or if such a proceeding is instituted against that party and not dismissed within 60 days.
10.3 Termination for Convenience
Either party may terminate this Agreement (including all Orders) at any time for any reason upon 90 days’ notice to the other party, provided (i) Customer will not be entitled to a refund of any pre-paid fees and (ii) if Customer has not already paid all applicable fees for the then-current Subscription Term, any such fees that are outstanding will become immediately due and payable.
10.4 Effect of Termination
Upon expiration or termination of this Agreement or an Order, Customer’s access to the Service and Technical Services will cease, other than limited use of the Service to export Customer Content as described in Section 4.4 (Data Export). At the disclosing party’s request upon expiration or termination of this Agreement, the receiving party will delete all of the disclosing party’s Confidential Information (excluding Customer Content, which is addressed in Section 4.4). Customer Content and other Confidential Information may be retained in the receiving party’s standard backups after deletion but will remain subject to this Agreement’s confidentiality restrictions.
10.5 Survival
These Sections survive expiration or termination of this Agreement: 2.9 (Restrictions), 4.4 (Data Export), 5 (Customer Obligations), 8.2 (Fees and Taxes), 9.3 (Disclaimers), 10.4 (Effect of Termination), 10.5 (Survival), 11 (Ownership), 12 (Limitations of Liability), 13 (Indemnification), 14 (Confidentiality), 15 (Required Disclosures), 19 (General Terms) and 20 (Definitions). Except where an exclusive remedy is provided, exercising a remedy under this Agreement, including termination, does not limit other remedies a party may have.
11. Ownership
Neither party grants the other any rights or licenses not expressly set out in this Agreement. Except for Kerekasztal’s use rights in this Agreement, between the parties Customer retains all intellectual property and other rights in Customer Content and Customer Materials provided to Kerekasztal. Except for Customer’s use rights in this Agreement, Kerekasztal and its licensors retain all intellectual property and other rights in the Service, any Technical Services deliverables and related Kerekasztal technology, templates, formats and dashboards, including any modifications or improvements to these items made by Kerekasztal. Kerekasztal may generate and use Usage Data to operate, improve, analyze and support the Service and for other lawful business purposes. If Customer provides Kerekasztal with feedback or suggestions regarding the Service or other Kerekasztal offerings, Kerekasztal may use the feedback or suggestions without restriction or obligation.
12. Limitations of Liability
12.1 Consequential Damages Waiver
The disclaimer in this Section 12.1 (Consequential Damages Waiver) will not apply to the extent prohibited by Laws. Except for Excluded Claims, neither party (nor its suppliers) will have any liability arising out of or related to this Agreement for any loss of use, lost data, lost profits, failure of security mechanisms, revenues, goodwill, interruption of business or any indirect, special, incidental, reliance or consequential damages of any kind, even if informed of their possibility in advance.
12.2 Liability Cap
Except for Excluded Claims, each party’s (and its suppliers’) entire liability arising out of or related to this Agreement will not exceed in aggregate the amounts paid or payable by Customer to Kerekasztal during the prior 12 months under this Agreement.
12.3 Excluded Claims
“Excluded Claims” means: (a) Customer’s breach of Sections 2.9 (Restrictions) or 5 (Customer Obligations), (b) either party’s breach of Section 14 (Confidentiality) (but excluding claims relating to Customer Content), (c) amounts payable to third parties under Customer’s obligations in Section 13.2 (Indemnification by Customer), (d) either party’s willful misconduct or (e) Kerekasztal’s performance of the Service that results in death, personal injury or damage to tangible property.
12.4 Nature of Claims and Failure of Essential Purpose
The waivers and limitations in this Section 12 apply regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise and will survive and apply even if any limited remedy in this Agreement fails of its essential purpose.
13. Indemnification
13.1 Indemnification by Kerekasztal
Kerekasztal will defend Customer from and against any third-party claim to the extent alleging that the Service, when used by Customer as authorized in this Agreement, infringes a third party’s patent, copyright, trademark or trade secret, and will indemnify and hold harmless Customer against any damages or costs awarded against Customer (including reasonable attorneys’ fees) or agreed in settlement by Kerekasztal resulting from the claim.
14.2 Indemnification by Customer
Customer will defend Kerekasztal from and against any third-party claim to the extent resulting from Customer Content, Customer Materials or Customer’s breach or alleged breach of Section 5 (Customer Obligations), and will indemnify and hold harmless Kerekasztal against any damages or costs awarded against Kerekasztal (including reasonable attorneys’ fees) or agreed in settlement by Customer resulting from the claim.
13.3 Procedures
The indemnifying party’s obligations in this Section 13 are subject to receiving (a) prompt notice of the claim, (b) the exclusive right to control and direct the investigation, defense and settlement of the claim and (c) all reasonably necessary cooperation of the indemnified party, at the indemnifying party’s expense for reasonable out-of-pocket costs. The indemnifying party may not settle any claim without the indemnified party’s prior consent if settlement would require the indemnified party to admit fault or take or refrain from taking any action (other than relating to use of the Service, when Kerekasztal is the indemnifying party). The indemnified party may participate in a claim with its own counsel at its own expense.
13.4 Mitigation and Exceptions
In response to an actual or potential infringement claim, if required by settlement or injunction or as Kerekasztal determines necessary to avoid material liability, Kerekasztal may at its option: (a) procure rights for Customer’s continued use of the Service, (b) replace or modify the allegedly infringing portion of the Service to avoid infringement without reducing the Service’s overall functionality or (c) terminate the affected Order and refund to Customer any pre-paid, unused fees for the terminated portion of the Subscription Term. This Section 13 sets out Customer’s exclusive remedy and Kerekasztal’s entire liability regarding infringement of third-party intellectual property rights.
14. Confidentiality
14.1 Definition
“Confidential Information” means information disclosed to the receiving party under this Agreement that is designated by the disclosing party as proprietary or confidential or that should be reasonably understood to be proprietary or confidential due to its nature and the circumstances of its disclosure. Kerekasztal’s Confidential Information includes the terms and conditions of this Agreement and any technical or performance information about the Service. Customer’s Confidential Information includes Customer Content.
14.2 Obligations
As receiving party, each party will (a) hold Confidential Information in confidence and not disclose it to third parties except as permitted in this Agreement, including Section 4.1 (Data Use), and (b) only use Confidential Information to fulfill its obligations and exercise its rights in this Agreement. The receiving party may disclose Confidential Information to its employees, agents, contractors and other representatives having a legitimate need to know (including, for Kerekasztal, the subcontractors referenced in Section 19.9), provided it remains responsible for their compliance with this Section 14 and they are bound to confidentiality obligations no less protective than this Section 14.
14.3 Exclusions
These confidentiality obligations do not apply to information that the receiving party can document (a) is or becomes public knowledge through no fault of the receiving party, (b) it rightfully knew or possessed prior to receipt under this Agreement, (c) it rightfully received from a third party without breach of confidentiality obligations or (d) it independently developed without using the disclosing party’s Confidential Information.
14.4. Remedies
Unauthorized use or disclosure of Confidential Information may cause substantial harm for which damages alone are an insufficient remedy. Each party may seek appropriate equitable relief, in addition to other available remedies, for breach or threatened breach of this Section 14.
15. Required Disclosures
Nothing in this Agreement prohibits either party from making disclosures, including of Customer Content and other Confidential Information, if required by Law, subpoena or court order, provided (if permitted by Law) it notifies the other party in advance and cooperates in any effort to obtain confidential treatment.
16. Trials and Betas
If Customer receives access to the Service or Service features on a free or trial basis or as an alpha, beta or early access offering (“Trials and Betas”), use is permitted only for Customer’s internal evaluation during the period designated by Kerekasztal (or if not designated, 30 days). Trials and Betas are optional and either party may terminate Trials and Betas at any time for any reason. Trials and Betas may be inoperable, incomplete or include features that Kerekasztal may never release, and their features and performance information are Kerekasztal’s Confidential Information. Notwithstanding anything else in this Agreement, Kerekasztal provides Trials and Betas “AS IS” with no warranty, indemnity or support and its liability for Trials and Betas will not exceed US$50.
17. Publicity
Neither party may publicly announce this Agreement except with the other party’s prior consent or as required by Laws. However, Kerekasztal may include Customer and its trademarks in Kerekasztal’s customer lists and promotional materials but will cease this use at Customer’s written request.
18. Modifications to Agreement
Kerekasztal may modify this Agreement (which may include changes to Service pricing and plans) from time to time by giving notice to Customer by email or through the Service. Unless a shorter period is specified by Kerekasztal (e.g., due to changes in the Law or exigent circumstances), modifications become effective upon renewal of Customer’s current Subscription Term or entry into a new Order. If Kerekasztal specifies that the modifications to the Agreement will take effect prior to Customer’s next renewal or Order and Customer notifies Kerekasztal of its objection to the modifications within 30 days after the date of such notice, Kerekasztal (at its option and as Customer’s exclusive remedy) will either: (a) permit Customer to continue under the existing version of this Agreement until expiration of the then-current Subscription Term (after which time the modified Agreement will go into effect) or (b) allow Customer to terminate this Agreement and receive a refund of any pre-paid Service fees allocable to the terminated portion of the applicable Subscription Term. Customer may be required to click to accept or otherwise agree to the modified Agreement in order to continue using the Service, and, in any event, continued use of the Service after the updated version of this Agreement goes into effect will constitute Customer’s acceptance of such updated version.
19. General Terms
19.1 Assignment
Neither party may assign this Agreement without the prior consent of the other party, except that either party may assign this Agreement in connection with a merger, reorganization, acquisition or other transfer of all or substantially all its assets or voting securities. Any non-permitted assignment is void. This Agreement will bind and inure to the benefit of each party’s permitted successors and assigns.
19.2 Governing Law, Jurisdiction and Venue
This Agreement is governed by the laws of Hungary without regard to conflicts of laws provisions and without regard to the United Nations Convention on the International Sale of Goods. The jurisdiction and venue for actions related to this Agreement will be the Central District Court of Buda in Budapest and both parties submit to the personal jurisdiction of that court.
19.3 Attorneys’ Fees and Costs
The prevailing party in any action to enforce this Agreement will be entitled to recover its reasonable attorneys’ fees and costs in connection with such action.
19.4 Entire Agreement
This Agreement (which includes all Orders, the Policies and the DPA) is the parties’ entire agreement regarding its subject matter and supersedes any prior or contemporaneous agreements regarding its subject matter. In this Agreement, headings are for convenience only and “including” and similar terms are to be construed without limitation. This Agreement may be executed in counterparts (including electronic copies and PDFs), each of which is deemed an original and which together form one and the same agreement.
19.5 Amendments
Except as otherwise provided herein, any amendments, modifications or supplements to this Agreement must be in writing and signed by each party’s authorized representatives or, as appropriate, agreed through electronic means provided by Kerekasztal. Nonetheless, with notice to Customer, Kerekasztal may modify the Policies to reflect new features or changing practices, but the modifications will not materially decrease Kerekasztal’s overall obligations during a Subscription Term. The terms in any past, contemporaneous or future Customer purchase order, business form or vendor management portal will not amend or modify this Agreement and are expressly rejected by Kerekasztal; any of these documents are for administrative purposes only and have no legal effect.
19.6 Waivers and Severability
Waivers must be signed by the waiving party’s authorized representative and cannot be implied from conduct. If any provision of this Agreement is held invalid, illegal or unenforceable, it will be limited to the minimum extent necessary so the rest of this Agreement remains in effect.
19.7 Force Majeure
Neither party is liable for any delay or failure to perform any obligation under this Agreement (except for a failure to pay fees) due to events beyond its reasonable control, such as a strike, blockade, war, act of terrorism, riot, Internet or utility failures, refusal of government license or natural disaster.
19.8 Subcontractors
Kerekasztal may use subcontractors and permit them to exercise Kerekasztal’s rights, but Kerekasztal remains responsible for their compliance with this Agreement and for its overall performance under this Agreement.
19.9 Independent Contractors
The parties are independent contractors, not agents, partners or joint venturers.
19.10 Open Source
The Software may incorporate third-party open source software (“OSS”). To the extent required by the OSS license, that license will apply to the OSS on a stand-alone basis instead of this Agreement.
Definitions
“Customer Content” means any data, content or materials that Customer (including its Users) creates within or submits to the Service, including from Third-Party Platforms.
“Customer Materials” means materials, systems and other resources that Customer provides to Kerekasztal in connection with Technical Services.
“DPA” means the Data Processing Addendum between the parties, the current version of which is here.
“High Risk Activities” means activities where use or failure of the Service could lead to death, personal injury or environmental damage, including life support systems, emergency services, nuclear facilities, autonomous vehicles or air traffic control.
“Laws” means all relevant local, state, federal and international laws, regulations and conventions, including those related to data privacy and data transfer, international communications and export of technical or personal data.
“Order” means anyKerekasztal-provided ordering document, online registration, order description or order confirmation referencing this Agreement.
“Policies” means the Privacy Policy, Security Policy and Support Policy.
“Privacy Policy” means the Privacy Policy, the current version of which is here.
“Prohibited Data” means any (a) special categories of data enumerated in European Union Regulation 2016/679, Article 9(1) or any successor legislation, (b) patient, medical or other protected health information regulated by the Health Insurance Portability and Accountability Act (as amended and supplemented) (“HIPAA”), (c) credit, debit or other payment card data subject to the Payment Card Industry Data Security Standards (PCI DSS), (d) other information subject to regulation or protection under specific Laws such as the Children’s Online Privacy Protection Act or Gramm-Leach-Bliley Act (or related rules or regulations), (e) social security numbers, driver’s license numbers or other government ID numbers or (f) any data similar to the above protected under foreign or domestic Laws.
“Security Policy” means the Kerekasztal Security Policy, the current version of which is here.
“Service” means Kerekasztal’s proprietary cloud service, as identified in the relevant Order and as modified from time to time. The Service includes the Software but does not include Technical Services deliverables or Third-Party Platforms.
“Software” means any Kerekasztal client software, scripts, apps or other code provided to Customer by Kerekasztal for use with the Service.
“Subscription Term” means the term for Customer’s use of the Service as identified in an Order.
“Support” means support for the Service as described in the Support Policy. Customer’s Support level will be identified in its Order.
“Support Policy” means the Kerekasztal Support Policy, the current version of which is here.
“Technical Services” means any training, enablement or other technical services provided by Kerekasztal related to the Service, as identified in an Order.
“Third-Party Platform” means any platform, add-on, service, product, app or integration not provided by Kerekasztal that Customer elects to integrate or enable for use with the Service.
“Usage Data” means Kerekasztal’s technical logs, data and learnings about Customer’s use of the Service, but excluding Customer Content.
“User” means any individual that Customer or its Affiliate permits or invites to use the Service.