Capitalized terms used in this Agreement, and not otherwise defined in this Agreement, shall have the following meanings:
"Account" means the Measured account, which is linked via OAuth 2.0 to your Shopify account, used by Client to access and use the Service."Applicable Laws" means all statutes, codes, rules, regulations, by-laws, judicial or arbitral or administrative or ministerial or departmental or regulatory judgments, orders, decisions, rulings or awards, policies, guidelines, or any provisions of the foregoing, including general principles of common and civil law and equity, binding on or affecting the Person referred to in the context in which such word is used.
"Business Partners" means affiliates, licensors, or clients, customers, other users and other third parties that the Company does business with.
"Client Data" means non-anonymized electronic data pertaining to Client, the Users and the Customers that is collected and/or processed using the Service, including personal information, login credentials, and other information that relates to such parties' use of the Service.
"Content" means any all content, data and other materials including, without limitation, images, trademarks, html e-mail codes, live streams, documentation, reports, materials, files, text, logos, artwork, graphics, pictures, advertisements, works, works of authorship or any other intellectual property contained in any such materials.
"Customer" means any customer that uses or views the Client Content, including your customers.
"Customer Data" means the electronic data concerning the characteristics and activities of Customer (including personal information of such Customer) collected and analyzed by the Service relating to such Customer use or viewing of the Client Content.
"Person" means a natural person or any legal, commercial or governmental entity, such as, but not limited to, a corporation, general partnership, joint venture, limited partnership, limited liability company, trust, business association, group acting in concert, or any person acting in a representative capacity.
"Product Overview" means the overview of the Services to be provided to a Client set out in the Subscription Agreement.
"Users" means Client's employees, representatives, consultants, contractors or agents who are authorized to use the Services for Client's benefit and have unique user identifications and passwords for the Services.
"Measured App" means the code, technology and servers used in the operation and provision of the Services and includes the Documentation and Software.
The Services are controlled, operated and administered by the Company (or its licensees) from its offices within Canada and is not intended to subject the Company to the laws or jurisdiction of any state, country or territory other than those of Canada. Those who choose to access the Services do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. You are also subject to Canadian export controls and are responsible for any violations of such controls, including without limitation any Canadian embargoes or other federal rules and regulations restricting exports. Additional charges such as customs, fees, taxes, and import duties are the responsibility of the buyer. Without limiting the foregoing, the Company may limit the availability of the Services, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
If you have any questions about these Terms of Service or if you wish to provide any feedback with respect to the Services, please contact us at: firstname.lastname@example.org