Confidential Information means any and all information
(whether that information is oral,
written or embodied in any other physical or electronic form) which
is obtained directly or
indirectly from the other party under or in connection with these
Terms, and which is marked or
stated to be confidential or which by its nature is reasonably
intended to be confidential.
Intellectual Property owned by Umajin is Umajin’s Confidential
Information.
Content means any data or content
inputted into or transmitted through a
Umajin Product, by you or on your behalf or by an End
User.
Dashboard means the Umajin
cloud service. This service provides access to all Projects both
Published and in-progress for a
particular Account. The Dashboard provides: a storage service for
all Projects, a storage service
for dynamic content to be fed to Projects, a content management
service to create and maintain
dynamic content, services to compile and build finished Projects and
reporting and analytics
services.
Documentation means the technical documents
associated with Umajin Products
that are made available on the Site.
End User includes
any client of yours on whose behalf you have created or designed an
App, and any ultimate end user
of an App.
Fees means the charges:
Force Majeure Event has the meaning given in clause
19.6.
Insolvency Event
means in respect of a party:
Intellectual Property Rights includes copyright and all
worldwide rights conferred under
statute, common law or equity relating to inventions (including
patents), registered and
unregistered trade marks and designs, circuit layouts, data and
databases, confidential information,
know how, and all other rights resulting from intellectual activity.
Intellectual Property has a
consistent meaning, and includes any enhancement, modification or
derivative work of the
Intellectual Property.
Invited User means any person
or entity, other than you, that
uses any part of the Umajin App Creator with your authorization from
time to time, including your
staff members and End Users that you authorize to use any part of
the Umajin App
Creator.
Loss includes loss of profits, savings,
revenue or data, and any other claim,
damage, loss, liability and cost, including legal costs on a
solicitor and own client
basis.
Personal Information means information about an
identifiable
individual.
Privacy Policy means the Umajin privacy
policy set out at http://umajin.com/privacy-policy/,
as may be updated from time to time.
Project means the
creation, design and
development work undertaken by you or on your behalf to create an
App using the Umajin Products and
prior to that App being Published.
Publish means the
making generally available of an
App to third parties or end users, including via the Umajin Portal,
an app store, website, intranet,
kiosk, television display, internet link or by any other means.
Publication and
Published have consistent meanings.
Site
means a website operated by Umajin
at http://umajin.com
and/or http://dashboard.umajin.com,
or any replacement website operated by Umajin.
Start
Date means the date on which you
first set up an Account or access, download or use any Umajin
Product.
Term means the
period from the Start Date until the date your access to and/or use
of the Umajin Products is
terminated in accordance with these Terms.
Umajin
means Umajin Inc., a Delaware
corporation.
Umajin App Creator includes the
Dashboard, the Editor, Umajin Preview and
the Umajin Portal.
Umajin Portal means Umajin’s
private app portal which is used
for displaying and distributing Published projects, created using
the Umajin App
Creator.
Umajin Preview means the Umajin app that
allows you and your Authorised
Viewers to view a Project created using the Umajin App Creator, on a
target mobile device or
computer platform.
Umajin Products includes:
Update means an update, upgrade, modification, enhancement,
new version or new release of a
Umajin Product.
Year means a 12 month period from the
Start Date or from any
anniversary of that date.
You means you or, if clause
1.1b applies, both you and the
other person on whose behalf you are acting.
where Umajin considers any of the following events has occurred or is likely to occur:
in each case to the extent caused by any act, omission, delay or direction of your, or your personnel, Authorized Viewers or End Users.