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 accounts or instances created by or on behalf of You for access and use of SuprSend.
API: means the application programming interfaces developed, enabled by, or licensed to Us that permit You to integrate Your software application with SuprSend.
API Keys: means the workspace key along with the workspace secret that provides You access to the API.
Confidential information: means all information disclosed by one Party to the other Party 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, Service Data shall be deemed Confidential Information. Notwithstanding the foregoing, Confidential Information shall not include any information which (a) becomes publicly known and made generally available after disclosure by the disclosing party to the receiving party through no action or inaction of the receiving party; (c) is, at the time of disclosure, already in the possession of the receiving party without any obligation of confidentiality; (d) is obtained by the receiving party from a third party without a breach of such third party’s obligations of confidentiality; (e) is independently developed by the receiving party without the use of or reference to the disclosing party’s Confidential Information; or (f) is required by law to be disclosed by the receiving party, provided that the receiving party shall, to the extent legally permitted, notify the disclosing party of such requirement prior to disclosing so that the disclosing party may seek a protective order or other appropriate relief.
Documentation: means any written or electronic documentation, images, video, text, or sounds specifying the functionalities of SuprSend provided or made available by Us to You or Your Users through SuprSend or otherwise.
Order Form: means any service order form or statement of work specifying SuprSend subscribed to, particular features and functionalities in SuprSend that You wish to avail, and the Subscription Term.
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.
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.
Sensitive Personal Information: means the information that relates to an individual’s racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health, or data concerning a natural person's sex life or sexual orientation. It also includes information about an individual's criminal offences or convictions, as well as any other information deemed sensitive under the applicable data protection laws.
Service Data: means all electronic data, text, messages, or other materials, including Personal Data of You, Your Users, or Subscribers transmitted by You or provided or obtained on Your behalf for the purpose of performance of SuprSend under these Terms.
Software: means software including any software development kit (SDK) provided by Us (either by download or access through the internet) that allows You to integrate Your software application with SuprSend.
Subscription Plan: means the plan chosen by You and the specific features associated with the chosen plan including the eligible access, usage restriction, billing cycle, etc as described on the Website along with the Subscription Term and the Subscription Charges.
Subscription Term: means the period during which You have agreed to subscribe to SuprSend.
Subscribers: means any person or entity other than You or Your Users with whom You interact using SuprSend.
SuprSend: means Our proprietary platform for API-led automation process for outreach across email, LinkedIn, Twitter, and other messaging channels, including individually and collectively API, Software, and any Documentation and any updates, modifications, or improvements thereto.
Third-party Service(s): shall mean third party application(s) or service(s) integrating with the Platform through APIs or otherwise enabled through the Platform which requires You to have Your own accounts with such third-party application(s) or service(s) in order to utilize them.
Users: means those who are personnel designated by You as users under Your Account, including an Account administrator, agents, and other designated users.
means the websites owned and operated by Us including https://www.suprsend.com/