“Agreement” means this Master Subscription Agreement.
“We”, “Us” or “Our” means Growpolis, a company established and registered in Finland on June 21, 2018 with the business registration number 2921163-7.
“You” or “Your” means, in the case of an individual accepting this Agreement on behalf of a legal entity, the legal entity for which you are accepting this Agreement, and Affiliates of that entity which have entered into Order Forms.
“Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control with the subject entity. “Control,” for purposes of this definition, means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity.
“User” means, in the case of an individual accepting this Agreement on behalf of a legal entity, an individual who is authorized by You to use a Service, for whom You have purchased a subscription (or in the case of any Services provided by Us without charge, for whom a Service has been provisioned), and to whom You (or, when applicable, We) have supplied a user identification and password. Users may include, for example, Your employees and consultants working for You.
“Partner” means Our authorized service provider offering and providing the Services to You online at the Platform.
“Platform” means Our technical operating environment running on Our website(s), including any subdomains thereof, through which the Services are made available under the GROWPOLIS® brand.
“Services” mean the products and services that are ordered by You under an Order or provided to You free of charge (as applicable) or under a Free Trial, and made available online at the Platform.
“Beta Services” mean the Services or functionality that may be made available to You to try at no additional charge which is clearly designated as beta, pilot or by a similar description.
“Free Services” mean the Services that Us and the Partner make available to You free of charge. Free Services exclude Services offered as a Free Trial and Purchased Services.
“Purchased Services” mean the Services that You or Your Affiliate purchase under an Order, as distinguished from Free Services or those provided based on a Free Trial.
“Free Trial” means the Purchased Services that Us and/or the Partner makes available to You exceptionally free of charge for a fixed period of time.
“Order” means an online order placed through the Platform and accepted by the Partner, specifying the Services to be provided hereunder that is entered into between You and Our Partner(s), including any addenda and supplements thereto. Each Order will become binding only after it has been confirmed in writing by Us and/or the Partner.
“Content” means Our and/or Our Partners’ documentation and other materials (such as but not limited to photos and videos) made available as a part of the Services or otherwise at the Platform.
“User Material” means documentation and other materials (such as but not limited to photos and videos) uploaded to the Platform by You and/or Your Users.
“Your Data” means electronic data and information submitted by or for You to the Platform, or generated in the course of Your use of the Services and/or the Platform, excluding User Material.
“Documentation” means the applicable usage guides and policies, as updated from time to time, accessible at the Platform.
“Non-Growpolis Application” means software, service or other application provided to You by Our Partner or a third party in relation to the Services.
“Malicious Code” means code, files, scripts, agents or programs intended to do harm, including, for example, viruses, worms and Trojan horses.
“Force Majeure” means circumstances beyond Our and/or Our Partners’ reasonable control, including without limitation actions of government, accidents, fire, epidemic, pandemic, labor disputes, power or telecommunications failures, Internet service provider failure or delay, or denial of service attacks.