TERMS OF SERVICE
IMPORTANT – READ CAREFULLY:
THIS IS A LEGAL AGREEMENT (“AGREEMENT”) BETWEEN CUSTOMER AND CATAPULT SERVICES. BY ACCESSING AND/OR USING THE SERVICE(S), YOU ARE AGREEING, ON BEHALF OF YOURSELF AND/OR YOUR COMPANY, TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT ACCESS AND/OR USE THE SERVICE(S).
- 1. Definitions. As used in this Agreement, the following defined terms shall apply:
- 1.1. Agreement means these Terms of Service as may be amended from time to time and any other documents incorporated by reference.
- 1.2. Catapult Services means the entity set forth in Section 9 of this Agreement.
- 1.3. Confidential Information means any non-public information and/or materials provided by a Party under this Agreement to the other Party and reasonably understood to be confidential.
- 1.4. Customer means the legal entity or individual that enters into this Agreement.
- 1.5. Effective Date means the date of electronic acceptance of this Agreement by Customer.
- 1.6. My Account means Customer’s specific page within the Catapult Services website where Customer subscribes to the Services and provides Customer account information such as Registration Data and Payment Information. Customer may access Customer’s My Account page at any time and update certain account information.
- 1.7. Party means individually Customer or Catapult Services and Parties means Customer and Catapult Services collectively.
- 1.8. Payment Information means limited Customer information related to billing and payment matters collected by Catapult Services during the online registration process. Such Payment Information will include a valid debit card or credit card number with available credit sufficient to pay the applicable Subscription and Retainer Fees, an election of a preferred billing frequency, and other information as required by Catapult Services.
- 1.10. Registration Data means limited Customer information collected by Catapult Services during the online registration process.
- 1.11. Services means the generally available services, provided by Catapult Services to Customer, as subscribed to by Customer hereunder. The Services are described on Exhibit 1 and Catapult Services may update the Services at any time in order to maintain the effectiveness of the Services.
- 1.12. Subscription and Retainer Fee means the subscription or monthly retainer fee for Services performed by Catapult Services and/or Customer’s use of and access to the Services as subscribed to by Customer.
- 1.13. Term means the term of this Agreement commencing on the Effective Date and continuing until the expiration of all subscription period(s), including any renewal subscription period(s), for Services as stated on Customer’s My Account page and/or during online registration process.
- 1.14. One-time and Set-up Fees means the one-time fee for Set-up Fees and/or Services performed by Catapult Services and/or Customer’s use of and access to the Services as chosen by Customer.
- 2. Customer Rights and Restrictions.
- 2.1. Customer Access and Use. During the Term of this Agreement, and upon payment of all applicable Subscription and Retainer Fees, Customer may access and use the Services pursuant to and in accordance with the provisions of this Agreement and receive Services to be performed. Catapult Services will enable Customer and its Named Authorized Users to access and utilize the Services as contemplated by the Agreement. Thereafter, Customer shall be solely responsible for selecting and managing its users and providing each of them with the information necessary for access to and use of the Services. Customer may reassign (if applicable) Named Authorized Users, Devices and/or Server(s) without incurring additional fees provided that the number of such Named Authorized Users, Devices and/or Server(s) does not increase. Customer may inform its users, customers and employees that the Services are powered by Catapult Services. If Customer’s broadband connection fails, the Services and some related online service will also fail. The Services may cease to function if there is a power cut or failure. These failures may be caused by reasons outside of the control of Catapult Services.
- 2.2. Reverse Engineering. Except to the extent permitted by law, Customer may not modify, distribute, prepare derivative works of, reverse engineer, reverse assemble, disassemble, decompile or otherwise attempt to decipher any code used in connection with the Services and/or any other aspect of Catapult Services’ technology.
- 2.3. Abuse. Customer shall not access and/or engage in any use of the Services (i) in a manner that abuses or materially disrupts the networks, security systems, Services and/or websites of Catapult Services and/or (ii) to communicate any message or material that is deemed harassing, threatening, indecent, obscene, slanderous, or otherwise unlawful.
- 2.4. Illegal Purposes. Customer shall not use the Services for fraudulent or illegal purposes. Furthermore Customer shall not use the Services to record phone communications without notifying the concerned persons and participants that it is recording such communications.
- 2.5. Resale. Customer shall not market, offer to sell, sell and/or otherwise resell the Services to any third Party.
- 2.6. No Representation by Customer. Neither Customer nor any of its Named Authorized Users, customers, employees or representatives shall make any representations with respect to Catapult Services, the Services or this Agreement (including, without limitation, that Catapult Services is a warrantor or co-seller of any of Customer’s products and/or services).
- 2.8. Limited Grant of Rights. No other rights are granted hereunder to Customer except as expressly set forth in this Agreement.
- 2.9. CAN-SPAM. When using the Catapult Software Services, the Catapult Software may allow Customer to send emails or sms blasts. Customer Agrees:
- 2.9.1. Catapult Software may only be used to send emails to recipients who have voluntarily signed up to receive emails. All email sent using Catapult Software must comply with US CAN-SPAM Act of 2003. Using Catapult Software to send messages to addresses that have been obtained without the consent of the recipient is a violation of our policy to respect the rights of others.
- Catapult Software may not be used to send content that is pornographic, offensive, illegal or that encourages illegal activities or links to such information.
- Catapult Software also cannot be used to publish content in violation of copyright laws. Better Than Good Media LLC, the developers of Catapult Software, will have final say on the determination of what constitutes offensive content or spamming. Catapult Services reserves the right to prohibit the use of Catapult Software by any company or site in its sole discretion. Better Than Good Media LLC reserves the right to terminate access to Catapult Software by anyone violating its policies and to take legal action if necessary.
- Your use of Catapult Software constitutes your agreement to comply with the US CAN-SPAM Act of 2003.
- 3. Online Registration. To subscribe to Services via the various Catapult Services product websites, Customer must complete the online registration process, including Customer’s electronic acceptance of this Agreement, and Catapult Services must then accept such online registration. Catapult Services may reject an online registration by a potential Customer in its sole discretion and is not obligated to provide a reason for its rejection. In the event a potential Customer’s online registration is rejected by Catapult Services, such potential Customer may submit a new online registration for re-evaluation by Catapult Services.
- 3.1. Registration Data. All Registration Data provided by or on behalf of Customer must be current, complete and accurate, and Customer is solely responsible for updating such Registration Data as necessary. Catapult Services reserves the right to terminate this Agreement immediately in the event any Registration Data is found to be inaccurate, incomplete and/or not current at any time. Customer is hereby informed that Registration Data is subject to automatic processing by Catapult Services for the purposes of managing Customer’s account. Customer will have access to Registration Data and may update or correct it as necessary.
- 3.2. Account Password/Security. Occasionally, as part of the online registration process, Customer will choose a password and a user name. Customer is entirely responsible for maintaining the confidentiality of its password and account, and Customer is solely responsible for any and all activities that occur under its account. Customer agrees to notify Catapult Services immediately of any unauthorized use of its account or any other breach of security. Catapult Services shall not be liable for any loss that Customer may incur as a result of a third party using its password or account, either with or without its knowledge. Customer may be held liable for losses incurred by Catapult Services and/or another party due to a third party using Customer’s account or password.
- 3.3. Payment Information. All Payment Information provided by or on behalf of Customer must be current, complete and accurate, and Customer is solely responsible for updating such Payment Information as necessary. Customer hereby authorizes Catapult Services, from time to time, to take steps to determine whether the debit card or credit card number provided is valid. Catapult Services reserves the right to terminate this Agreement immediately in the event any Payment Information is found to be inaccurate, incomplete and/or not current at any time. Catapult Services shall not be responsible for any overdraft charge or other fees that may be incurred by Catapult Services’ use of Customer’s debit card or credit card for payment hereunder.
- 3.4. Trial and Promotional Offers. From time to time, Catapult Services may offer certain trial and/or promotional offers. Catapult Services reserves the right to discontinue or modify coupons, credits, trials and promotional offers at its discretion and without notice. Any such trial or promotional offers may not be combined with other coupons, credits, trials, promotions or any other discounts, and are limited to one (1) per Customer. The details of any trial or promotional offers applicable to Customer shall be listed on Customer’s My Account page and/or the Catapult Services website offering the trial.
- 4. Term and Termination.
- 4.1. Term. This Agreement shall commence on the Effective Date and continue for the Term or in the case of a Monthly Retainer until cancelled by Customer in writing at least 15 days prior to scheduled/automated payment date.
- 4.2. Termination for Cause. Catapult Services reserves the right to terminate this Agreement immediately if Customer breaches any of its material obligations under this Agreement.
- 4.3. Effect of Termination. Upon termination of this Agreement, Customer will immediately discontinue all access to and use of the Services and cease to represent in any form that it is a user of the Services. Catapult Services will immediately disable Customer’s account upon termination. Neither Party shall be liable for any damages resulting from a termination of this Agreement in accordance with this Section 4.3; provided, however, the termination of this Agreement shall not affect any claim arising prior to such termination.
- 5. Fees and Charges.
- 5.1. Subscription and Retainer Fees. Customer is responsible for all Subscription and Retainer Fees, and hereby authorizes Catapult Services to obtain payment of all such Subscription and Retainer Fees in accordance with the Payment Information, as stated on Customer’s My Account page and/or during the online registration process. Customer authorizes Catapult Services to use the Payment Information, as indicated above, to obtain payment each month, or the frequency agreed upon during the online registration process, on the monthly anniversary date. If the above noted payment dates fall on a weekend or holiday, I understand that the payments may be executed on the next business day. I understand that this authorization will remain in effect until I cancel it in writing, and I agree to notify the business in writing of any changes in my account information or termination of this authorization at least 15 days prior to the next billing date. Customer shall also be responsible for all applicable taxes (withholding tax, sales tax, services tax, value-added tax (VAT), goods and services tax (GST), etc.) or duties imposed by any government entity or collecting agency EXCEPT those taxes based on Catapult Services’ or Catapult Services net income. In the event Customer fails to satisfy its tax and/or duty obligations herein, Customer shall reimburse Catapult Services upon demand for any taxes and/or duties paid on behalf of Customer and shall indemnify and hold Catapult Services harmless against any claim and/or liability (including penalties) resulting from Customer’s failure to pay such taxes and/or duties.
- 5.2. Data and Usage Charges. Customer shall be responsible for all fees and charges imposed on Customer by Customer’s server and instance providers, telephone carriers, wireless providers, and other voice and/or data transmission providers for voice and/or data transmission used by Customer to access and use the Services.
- 5.3 One-time and Set-up Fees. Customer is responsible for all One-time and Set-up Fees, and hereby authorizes Catapult Services to obtain payment of all such One-time and Set-up Fees in accordance with the Payment Information, as stated on Customer’s My Account page and/or during the online registration process. Customer shall also be responsible for all applicable taxes (withholding tax, sales tax, services tax, value-added tax (VAT), goods and services tax (GST), etc.) or duties imposed by any government entity or collecting agency EXCEPT those taxes based on Catapult Services’ or Catapult Services net income. In the event Customer fails to satisfy its tax and/or duty obligations herein, Customer shall reimburse Catapult Services upon demand for any taxes and/or duties paid on behalf of Customer and shall indemnify and hold Catapult Services harmless against any claim and/or liability (including penalties) resulting from Customer’s failure to pay such taxes and/or duties.
- 6. Confidentiality. Unless expressly authorized in writing by the other Party, neither Party shall disclose to any third party any Confidential Information of the other Party, nor use such Confidential Information in any manner other than to perform its obligations under this Agreement. The foregoing restrictions do not apply to any information that (i) is publicly disclosed through no fault of the receiving Party, (ii) is already lawfully in the receiving Party’s possession and not subject to a confidentiality obligation to the disclosing Party, (iii) becomes known to the receiving Party from a third party having an apparent bona fide right to disclose the information, or (iv) is Confidential Information that the receiving Party is obligated to produce pursuant to an order of a court of competent jurisdiction or a valid administrative subpoena, provided receiving Party supplies disclosing Party with timely notice of such court order or subpoena. Furthermore, Customer will keep in confidence all passwords and/or other access information related to the Services. Customer acknowledges that Catapult Services, and its licensors, retain all intellectual property rights and title, in and to, all of their Confidential Information and/or other proprietary information. This shall include, but not be limited to: products, services, and the ideas, concepts, techniques, inventions, processes, software or works of authorship developed, embodied in, or practiced in connection with the Services provided by Catapult Services hereunder.
- 7. WARRANTY. CATAPULT SERVICES WARRANTS THAT (i) ANY SERVICES PROVIDED HEREUNDER WILL BE PERFORMED IN A PROFESSIONAL AND WORKMANLIKE MANNER; (ii) THE SERVICES WILL PERFORM SUBSTANTIALLY IN ACCORDANCE WITH THE APPLICABLE SERVICE DOCUMENTATION UNDER NORMAL USE AND CIRCUMSTANCES; AND, (iii) THE FUNCTIONALITY OF THE SERVICES WILL NOT BE MATERIALLY DECREASED DURING THE TERM. CATAPULT SERVICES’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THIS WARRANTY WILL BE, AT THE SOLE OPTION OF CATAPULT SERVICES AND SUBJECT TO APPLICABLE LAW, TO PROVIDE RESTORED SERVICE(S) WHICH CONFORMS TO THESE WARRANTIES OR TO TERMINATE THE SERVICE(S) AND PROVIDE A PRO-RATED REFUND OF ANY PREPAID SUBSCRIPTION AND RETAINER FEES (FOR THE PERIOD FROM THE DATE OF THE BREACH THROUGH TO THE END OF THE TERM). TO THE EXTENT PERMITTED BY APPLICABLE LAW, CATAPULT SERVICES DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THOSE OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CATAPULT SERVICES MAKES NO WARRANTY THAT ANY OF THE SERVICES WILL MEET THE REQUIREMENTS OF CUSTOMER OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CUSTOMER.
- 8. LIMITATION ON LIABILITY. IN NO EVENT SHALL CATAPULT SERVICES BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL LOSS, EXEMPLARY OR OTHER DAMAGES RELATED TO THIS AGREEMENT OR WHETHER DIRECT OR INDIRECT: (i) LOSS OF DATA, (ii) LOSS OF INCOME, (iii) LOSS OF OPPORTUNITY, (iv) LOST PROFITS, AND (v) COSTS OF RECOVERY OR ANY OTHER DAMAGES, HOWEVER CAUSED AND BASED ON ANY THEORY OF LIABILITY, AND INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR OTHERWISE, AND WHETHER OR NOT CATAPULT SERVICES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, CATAPULT SERVICES’S LIABILITY HEREUNDER IS LIMITED TO $50.00. SOME JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CUSTOMER.
- 9. Contracting Party, Choice of Law and Location for Resolving Disputes.
- The Catapult Services contracting entity under this Agreement, the applicable notice address, governing law and jurisdiction to resolve disputes (including non-contractual disputes and claims) will depend on where Customer is domiciled. Please refer to the chart below to identify the Catapult Services contracting entity:
|If Customer is domiciled in:||Customer is contracting with:||Notices should be addressed to*:||The governing law is:||The courts having exclusive jurisdiction are:|
|A Country in North, South or Central America or the Caribbean||Better Than Good Media LLC457 E 700 S, Vernal, Utah U.S.A.
||Better Than Good Media LLCPO Box 7775 #55108
San Francisco, CA 94120-7775
|Utah and controlling United States federal law||Uintah County, Utah, U.S.A|
· 10. Additional Terms.
- 10.1. Relationship of the Parties. Customer and Catapult Services are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the Parties.
- 10.2. Assignment. Customer may not assign its rights or delegate its duties under this Agreement either in whole or in part, and any such attempted assignment or delegation shall be void.
- 10.3. Force Majeure. Neither Party will be responsible for any delay, interruption or other failure to perform under this Agreement due to acts beyond its reasonable control, but only for so long as such conditions persist. Force majeure events include, but are not limited to: natural disasters (e.g., lightning, earthquakes, hurricanes, floods); wars, riots, terrorist activities, and civil commotions; activities of local exchange carriers, telephone carriers, wireless carriers, Internet service providers, and other third parties; explosions and fires; embargoes, strikes, and labor disputes; governmental decrees; and any other cause beyond the reasonable control of a Party.
- 10.4. Notice. Catapult Services may provide Customer with notice via email, regular mail and/or postings on the Catapult Services website.
- 10.5. High-Risk Use. Customer hereby acknowledges that the Services are not designed or intended for access and/or use in or during high-risk activities including, but not limited to: medical procedures; online control of aircraft, air traffic, aircraft navigation or aircraft communications; or the design, construction, operation or maintenance of any nuclear facility. Catapult Services hereby expressly disclaims any express or implied warranty of fitness for such purposes.
- 10.6. Compliance with Laws. Both Parties agree to comply with all applicable local, state, national and foreign laws, rules, and regulations, including, but not limited to, all applicable export and import laws and regulations, in connection with their performance, access and/or use of the Services under this Agreement. Notwithstanding the preceding sentence Catapult Services does not guarantee that the Services shall be appropriate and/or available for use in any particular location and Customer is responsible for compliance with local laws to the extent applicable. Catapult Services reserves the right to modify the Services for any reason, without notice and without liability to Customer or any end user. Customer shall comply with all legal duties applicable to the Customer including obligations as data controller by virtue of Customer’s role as meeting organizer and/or Named Authorized User. Customer must provide the relevant persons and/or participants with all information Customer is required by law to provide and, if necessary, must obtain the consent of these persons and/or participants. Notwithstanding any other provision in this Agreement, Catapult Services shall have the right to terminate this Agreement immediately upon the determination by Catapult Services that Customer is not in compliance with U.S. export laws or violates any government privacy and/or data protection laws.
- 10.7. No Waiver. The failure of either Customer or Catapult Services in any one or more instance(s) to insist upon strict performance of any of the terms of this Agreement will not be construed as a waiver or relinquishment of the right to assert or rely upon any such term(s) on any future occasion(s).
- 10.8. Severability. If any provision of this Agreement is declared by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be severed from this Agreement and the other provisions shall remain in full force and effect and the Parties agree to comply with the remaining terms of this Agreement in a manner consistent with the original intent of the Agreement.
- 10.9. No Third Party Beneficiaries. No person or entity not a party to this Agreement will be deemed to be a third party beneficiary of this Agreement or any provision hereof.
- 10.10. Entire Agreement. This Agreement sets forth the entire agreement and understanding of the Parties relating to the subject matter hereof and supersedes all prior and contemporaneous oral and written agreements and understandings with respect to the same. No waiver or amendment of any term or condition of this Agreement shall be valid or binding on either Party unless agreed to in writing by both Parties.
- 10.11. Captions and Headings. Captions and headings are used herein for convenience only, are not a part of this Agreement, and shall not be used in interpreting or construing this Agreement.
- 10.12. Controlling Language. The English language version of this Agreement shall be the controlling version and is incorporated by reference into any translation of this Agreement. Any translation or other language version of this Agreement shall be provided for informational purposes only.
- 10.13. References. Pronouns contained in this Agreement shall apply equally to the feminine, neuter and masculine genders. The singular shall include the plural, and the plural shall include the singular.
- 10.14. Beta version. The terms of this subsection 10.14 shall only apply to Customer with respect to any “Beta’ version of any of the Services (the “Beta Services”) made available to Customer for purposes of evaluation and feedback. Customer acknowledges that the Beta Service(s) Customer is evaluating may contain bugs, errors and other problems and is provided to Customer “as-is.” Therefore, to the extent permitted by applicable law, Catapult Services disclaims any warranty, condition and/or liability obligations to Customer of any kind with respect to the Beta Services. Customer further acknowledges the importance of communication between Catapult Services and Customer during Customer’s use of the Beta Services and participation in Catapult Services’ Beta program and hereby agrees to receive related correspondence and updates from Catapult Services. In the event Customer requests to opt-out from such communications, Customer’s participation in the Catapult Services Beta program will be canceled. Customer also hereby acknowledges that Catapult Services has not made any representations, promises or guarantees that the Beta Services will ever be announced or made available to anyone in the future and that Catapult Services has no express or implied obligation to Customer to announce or introduce the Beta Services. During the Catapult Services Beta program, Customer will be asked to provide feedback regarding Customer’s use of the Beta Service(s) and Customer hereby grants to Catapult Services a perpetual, royalty-free worldwide license to use and/or incorporate such feedback into any Catapult Services product or service (including the Beta Services) at any time at the sole discretion of Catapult Services. With respect to the Beta Services, this subsection shall supersede any other terms and conditions contained herein, but only to the extent necessary to resolve conflict.
DESCRIPTION OF SERVICES
- 1. Description of Services. The selection(s) made and submitted by Customer during the online registration process will identify the specific Service(s) subscribed to by Customer hereunder and the number of Named Authorized Users for each Service, and/or the number of hours to be performed for each Service, and/or the items to be performed for each Service, all of which shall be listed on Customer’s My Account page within the Catapult Services website and/or be made available to the Customer during the online registration process. Notwithstanding, this Agreement will apply to any Services subscribed to by Customer at any time on or after the Effective Date. The following describes the Services currently offered by Catapult Services:
- 1.1. Catapult Software Services:
- 1.1.1. Catapult Software. By subscribing to the Catapult Software Service, Customer may access and use the Catapult Software for the purpose of managing, creating, distributing online media campaigns and campaign analytics within a single cloud-based service using customizable workflow applications, and the ability to integrate other cloud services into Catapult Software workspaces. Customers’ administrator may add Named Authorized Users as deemed appropriate by Customer providing the Named Authorized User is employed by Customer. Customer may not add Named Authorized Users that are not explicitly part of Customer and its business without permission in writing from Catapult Services.
- 1.1.2. Access. Access to the Catapult Software Service is through https://catapult.212dev.com/ Customer signs up at http://videocatapult.com/ and, after email verification to ensure the identity of the user accessing the account, a password is issued and an account created. Customer may then invite Catapult Software Users to workspaces within the Catapult Software service. Customer is at all times fully liable for all acts and omissions by Catapult Software Users.
- 1.1.3. Uploaded Data. As between Customer and Catapult Services, Customer shall own any data, information or material that Catapult Software Users submit to the Catapult Software Service in the course of using the Catapult Software Service (“Uploaded Data”). Customer shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use any and all Uploaded Data. Catapult Services shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Uploaded Data. Upon request by Customer or as required by law, Catapult Services may remove, modify, edit or otherwise alter any Uploaded Data. If Catapult Services, on its own or through any third party, determines that data stored by the Customer and/or Catapult Software User is in violation of any law or infringes third party rights, Catapult Services shall have the right to, without liability to the Customer or user, immediately remove or suspend access to such data without prior notice to the Catapult Software User or Customer. Customer and/or Catapult Software User may be notified by Catapult Services of any such action under this Section, where reasonable and possible. Customer agrees and acknowledges that Catapult Services has no obligation to retain Uploaded Data following termination.
- 1.1.4. Technical Support. Customer/technical support for the Catapult Software Service is available via email at firstname.lastname@example.org
- 1.2. Online Services:
- 1.2.1. Search Engine Optimization (SEO) Service. By subscribing to the SEO Service, Customer may have some or all of the following items performed on their behalf by Catapult Services: on-site optimization, social site optimization, off-site optimization. The specific items and details of each category listed above are made available to the customer during the online registration process.
- 1.2.2. Digital Asset Management (DAM). By subscribing to the Digital Asset Management (DAM) Service, Customer may access and use the Digital Asset Management (DAM) online application for the purpose of enabling Named Authorized Users to synchronous all Customers’ digital assets, including but not limited to videos, electronic files, audio, content library, company logos and graphics, web content, and copywriting papers. Customer may organize, search, view, maintain, and share assets as deemed appropriate within Customers business activities if activities are accepted within the terms of this agreement.
- 1.2.3. Copywriting Services. By subscribing to the Copywriting Services Service, Customer may have some or all of the following items performed on their behalf by Catapult Services: Copy for blogs, newsletters, websites, scripts for video and/or audio, white paper, and possible other copywriting services. The specific items and details of each category listed above are made available to the customer during the online registration process.
- 1.2.4. Social Media Management (SMM) Service. By subscribing to the Social Media Management (SMM) Service, Customer may have some or all of the following items performed on their behalf by Catapult Services: social media site updates and posts, new accounts created, list management, and possible other social media management services. The specific items and details of each category listed above are made available to the customer during the online registration process.
- 1.2.5. Email Blasts (HTML and VIDEO) Service. By subscribing to the Email Blasts (HTML and VIDEO) Service, Customer may have some or all of the following items performed on their behalf by Catapult Services: email blast, html email created, analytics, list management, and possible other email blast management services. The specific items and details of each category listed above are made available to the customer during the online registration process.
- 1.2.6. SMS Video Campaign Service. By subscribing to the SMS Video Campaign Service, Customer may have some or all of the following items performed on their behalf by Catapult Services: SMS Video Campaign, analytics, list management, and possible other SMS Video Campaign management services. The specific items and details of each category listed above are made available to the customer during the online registration process.
- 1.2.7. Newsletter and List Management and Growth Service. By subscribing to the Newsletter and List Management and Growth Service, Customer may have some or all of the following items performed on their behalf by Catapult Services: Copy for newsletters, list management, capture pages, email blasts, SMS Video Campaigns, and possible other Newsletter and List Management and Growth services. The specific items and details of each category listed above are made available to the customer during the online registration process.
- 1.2.8. Web Content Management Service. By subscribing to the Web Content Management Service, Customer may have some or all of the following items performed on their behalf by Catapult Services: website management, digital asset management, social media management, and possible other Web Content Management services. The specific items and details of each category listed above are made available to the customer during the online registration process.
- 1.3. Services Definitions:
- 1.3.1. Named Authorized User(s) (sometimes referenced as “NAU”) means (i) those Customer-designated individuals who may access and use the Services in accordance with this Agreement. Each Named Authorized User must have a unique identifier (i.e. “Named User ID” as defined below), and (ii) for the Catapult Software Service, Customer-designated host computers/servers (if applicable) which may be accessed by authorized individuals in accordance with this Agreement. Customer-designated individuals may include, by way of example, employees, contractors, consultants and agents or third parties with which Customer transacts business as determined by Customer.
- 1.3.2. Named User ID means the unique identifier of each Customer-designated individual authorized to use the Services. A Named User ID may not be of a generic nature (e.g., email@example.com is a unique Named User ID; whereas firstname.lastname@example.org, email@example.com, firstname.lastname@example.org, etc., are examples of generic user identifiers).
- 1.1. Catapult Software Services:
- 2. Customer Access and Use. During the Term of this Agreement, and upon payment of all applicable Fees, Customer may access and use the Services subscribed to hereunder pursuant to and in accordance with the provisions of this Agreement. Catapult Services will enable Customer and its Named Authorized Users to access and utilize the Services as contemplated by the Agreement. Thereafter, Customer shall be solely responsible for selecting and managing its users and providing each of them with the information necessary for access to and use of the Services. Customer may reassign Named Authorized Users, Devices and/or Server(s) without incurring additional fees provided that the number of such Named Authorized Users, Devices and/or Server(s) does not increase. Customer may inform its users, customers and employees that the Services are powered by Catapult Services. If Customer’s broadband connection fails, the Services and some related voice service will also fail. The Services may cease to function if there is a power cut or failure. These failures may be caused by reasons outside of the control of Catapult Services.
- 3. Training. In connection with the Services subscribed to hereunder, Customer shall have access to generally available website(s) for all individuals who are either Named Authorized Users or authorized by Customer to access the Services.
- 5. Data Access Authorization. Certain Services will require Catapult Services to access existing Customer accounts and possibly create new accounts on the Customers’ behalf using Customers account specific data. By accepting this agreement, Customer grants permission to and authorizes Catapult Services to access and create accounts needed to perform chosen Services. Data used by Catapult Services to Access Customers accounts may be provided to Catapult Services orally, written, websites, My Account, fax or any other form of communication. Catapult Services will use personal and account specific data solely for the purpose of performing Services and will follow data protection guidelines as described in 6. Data Protection.