1.1 “Affiliate” means an entity that, directly or indirectly, owns or controls or is owned or controlled by, or is under common ownership or control with, a Party as of the Effective Date and for as long as such entity remains directly or indirectly owned or controlled by the Party. As used herein, “control” means the power to direct, directly or indirectly, the management or affairs of an entity and “ownership” means the beneficial ownership of more than fifty percent of the voting equity securities or other equivalent voting interests of an entity.
1.2 “Agreement” means, collectively, these iConnections Terms of Service and any attachments, addenda, conditions, notices, operating rules, policies (including the iConnections Privacy Policy), exhibits, schedules or documents incorporated by reference or hyperlinked herein or which we may publish from time to time on the Website or Customer’s Accounts and any order documents entered into between iConnections and Customer that reference this Agreement.
1.3 “Customer” means the customer who is Party to this Agreement, on behalf of which You are accepting the terms of this Agreement as its legal representative.
1.4 “Customer Data” means any data (including aggregated or transformed versions thereof and analytical outputs), models, algorithms, analyses, transformation code or other content that is provided by, whether directly or indirectly from a third party, or created by Customer, or Users using the Service or Website, for integration, use, or other processing in or through the Service. Customer Data excludes Usage Data.
1.5 “Documentation” means any technical documentation for the Service made available in connection with the Service, updated from time to time at iConnections’ sole discretion.
1.6 “Intellectual Property Rights” means all rights, title, and interest in and to any trade secrets, patents, copyrights, service marks, trademarks, know-how, trade names, rights in trade dress and packaging, moral rights, rights of privacy, rights of publicity, and any similar rights, including any applications, continuations, or registrations with respect to the foregoing, under the laws or regulations of any governmental, regulatory, or judicial authority.
1.7 “iConnections” means iConnections LLC.
1.8 “iConnections Technology” means the Service, Documentation, Website, models, and application programming interfaces (APIs), provided or made available to Customer as a service in connection with this Agreement, and any improvements, modifications, derivative works, patches, upgrades, and updates thereto.
1.9 “iConnections Privacy Policy” means any privacy-specific policies available on the Website.
1.10 “Service” means software-as-a-service access to iConnections Technology or platforms.
1.11 “Taxes” means any applicable sales, use, transaction, value added, goods and services tax, harmonized sales tax, withholding tax, excise or similar taxes, and any foreign, provincial, federal, state or local fees or charges, (including but not limited to, environmental or similar fees) duties, costs of compliance with export and import controls and regulations, and other governmental assessments, including any penalties and interest in respect thereof, imposed on, in respect of or otherwise associated with any transaction hereunder.
1.12 “Third Party Content” means any third party data, services, or applications that interoperate with the Service which iConnections may, at Customer’s sole discretion, facilitate the use of in connection with the Service and subject to an independent agreement between Customer and such third party.
1.13 “Third Party Services” means third party services that iConnections may utilize in the provision of the Service as set forth in the Documentation (or as otherwise agreed by the Parties).
1.14 “Website” meanswww.iconnections.ioor any other iConnections-owned domains, including any subdomains of the foregoing, and all software, applications, products, content, and services provided by iConnections at or through the Website.