When used in these Terms with the initial letters capitalized, in addition to terms defined elsewhere in these Terms, the following terms have the following meanings:
Account: means any AzureDesk accounts or instances created by or on behalf of AzureDesk User or its Agents within the Service.
Affiliate: means, with respect to a party, any entity that directly or indirectly controls, is controlled by, or is under common control with such party, whereby “control” (including, with correlative meaning, the terms “controlled by” and “under common control”) means the possession, directly or indirectly, of the power to direct, or cause the direction of the management and policies of such person, whether through the ownership of voting securities, by contract, or otherwise.
Agent: means an individual authorized to use the Service through Your Account for such Service as an agent and/or administrator as identified through a unique login.
API: means the application programming interfaces developed and enabled by AzureDesk that permits a AzureDesk User to access certain functionality provided by the Service.
Confidential Information: means all information disclosed by You to AzureDesk or by AzureDesk to You which is in tangible form and labeled “confidential” (or with a similar legend) or which a reasonable person would understand to be confidential given the nature of the information and circumstances of disclosure. For purposes of these Terms, Your Data shall be deemed Confidential Information. Notwithstanding the foregoing, Confidential Information shall not include information that (a) was already known to the receiving party at the time of disclosure by the disclosing party; (b) was or is obtained by the receiving party by a third party not known by the receiving party to be under an obligation of confidentiality with respect to such information; (c) is or becomes generally available to the public other than by violation of these Terms; or (d) was or is independently developed by the receiving party without use of the disclosing party’s Confidential Information.
Directive: means Directive 95/46/EC on the protection of individuals with regard to the processing of Personal Data and on the free movement of such data.
Documentation: means any written or electronic documentation, images, video, text or sounds specifying the functionalities of the Service provided or made available by AzureDesk to You, Your Affiliates, Agents or End-Customers through the Service or otherwise.
End-Customer: means any person or entity other than AzureDesk User or Agents with whom AzureDesk User or its Agents interact using the Service.
Form: means any service order form executed or approved by You and AzureDesk with respect to Your subscription to the Service, which form may detail, among other things, the number of Agents authorized to use the Service under Your subscription to the Service and the Service Plan(s) applicable to Your subscription to the Services.
AzureDesk: means AzureDesk Inc., a Delaware corporation, or any of its successors or assignees. In these Terms, AzureDesk may also be referred to as “We” and “Our.””
AzureDesk Group: means AzureDesk together with its Affiliates.
Other Services: means third-party products, applications, services, software, products, networks, systems, directories, websites, databases and information that the Service links to, or which You may connect to or enable in conjunction with the Services, including, without limitation, Other Services which may be integrated directly into Your Account.
Personal Data: means data relating to a living individual who is or can be identified either from the data or from the data in conjunction with other information that is in, or is likely to come into, the possession of the data controller (as defined in the Directive).
Processing/To Process: means any operation or set of operations which is performed upon Personal Data, whether or not by automatic means, such as collection, recording, organization, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure or destruction.
Service: means the on-demand AzureDesk customer service solution and tools provided by AzureDesk, including, individually and collectively, Software, the API and any Documentation. Any new or modified features added to or augmenting or otherwise modifying the Service or other updates, modifications or enhancements to the Service (“Updates”) are also subject to these Terms and AzureDesk reserves the right to deploy Updates at any time. You understand and agree that the Services may be sold separately or as a bundle; and, that individual Services may be subject to separate and distinct Service Plans.
Service Plan(s): means the service plan(s) and the functionality and services associated therewith (as detailed on the Websites) for which You subscribe with respect to any Agent.
Software: means software provided by AzureDesk (either by download or access through the internet) that allows an Agent, Your Affiliates or End-Customer to use any functionality in connection with the Service.
Subscription Term: means the period during which You have agreed to subscribe to the Service with respect to any individual Agent.
Websites: means www.azuredesk.co and other websites that AzureDesk operates.
Your Data: means all electronic data, text, messages or other materials submitted to the Service by You, Your Affiliates, Agents and End-Customers in connection with Your use of the Service, including, without limitation, Personal Data.