"Account" means the account created and used by an Organization in connection with its use of the Platform.
"Affiliate" means any entity that directly or indirectly controls, is controlled by, or is under common control with a party to this Agreement. For the purposes of this definition, control means the direct or indirect ownership or control of more than 50% of the voting interests of the relevant entity.
"Anonymized Data" means all Usage Data, Organization Data and other data generated by the Services that have been processed using appropriate technology or a de-identification method recognized by industry standards and which, as a result, no longer identifies an identified or identifiable Person. For greater certainty, Anonymized Data does not include Personal Information.
"Confidential Information" means, subject to the exclusions set forth in Section 6(a) of this Agreement, any information of a party (the "Disclosing Party") that is or will be disclosed to the other party (the "Receiving Party") concerning the business, property, operations or finances of the Disclosing Party or its business, including proprietary information and trade secrets. Confidential information must be indicated as such, or it must be clear at the time of disclosure that the information is to be treated as confidential according to its nature or the context of the disclosure.
"Content" means any message, information, data, text, article, blog post, graphic, report, illustration, photograph, video and other content provided by Simplyk through the Services.
"Contributor" means a legal or natural person who makes a payment to the benefit of the Organization via the Platform / Payment Account (or any other functionality of the Platform).
"Documentation" means all documentation and other materials made available to you in connection with the provision of the Services, including the specifications and description of the Services that are publicly available on the Platform.
"End User" means each user authorized by an Organization to use the Services through that Organization's Account.
"Intellectual Property" means all intellectual property, including, without limitation, works, inventions (patentable or unpatentable), discoveries, improvements, trade secrets, know-how, scientific formulae, data, information, images, reports, results, analyses, software, research and development information, technical information, prototypes, specifications, models, designs, algorithms, products, compositions, processes and protocols, methods, tests, devices, computer programs, trade-marks and all proprietary rights under patent law, copyright law, trade-mark law, industrial design law, semiconductor chip law, or any other statutory provision or principle of civil or common law applicable to the protection of information or intangible property rights, including trade secret law, which may confer an interest in any of the foregoing, and all applications, registrations or other evidence of an interest in any of the foregoing.
"Law" means any statute, regulation, rule, code, ordinance, constitution, treaty, common law, judgment, decree or other requirement of any federal, provincial, territorial, municipal or foreign government or any political subdivision thereof, or of any arbitrator, court or tribunal of competent jurisdiction.
"Member" means a member or supporter of the Organization, as defined in the Organization's governing documents.
"Notification Email Address" means the email address you provided when creating your Account, which is designated to receive notifications from us.
"Organization Content" means any information, data, documents, intelligence and other content about an Organization that is posted by that Organization or its End Users through the Services, all for the purpose of being publicly displayed and accessible on the Platform as part of the provision of our Services.
"Organization Data" means (i) any Personal Information; and (ii) any data generated or submitted by the Organization through the Services, including any Organization Content. Notwithstanding anything to the contrary in this Agreement, Anonymized Data and Usage Data is not considered Organization Data.
"Payment Account" means the Organization's payment account created with Stripe, independently or via the Platform, which allows the Organization to receive all payments made to it such as donations.
"Personal Information" means any information or intelligence that meets the definition of "personal information", "personal data" or "personal data" (or similar nomenclature) under applicable Laws and that is (i) submitted by you through the Services or (ii) collected or generated by the Services.
"Platform" means the web platform publicly accessible via https://s.simplyk.io/, allowing Organizations to obtain online donations, administer event ticketing, organize peer-to-peer campaigns, publish their volunteer opportunities and receive payments from their members with personalized forms.
"Representatives" means any company, subsidiary, contractor, subcontractor, service provider or agent of an Organization, and the respective employees, directors and officers of each of these third parties.
"Security Breach" means any act or omission that materially compromises the security, confidentiality or integrity of Personal Information.
"Services" means :
any other website, service, feature or communication related to the foregoing;
all the technologies we have developed (software, hardware, algorithms, codes, processes, user interfaces, know-how, techniques, models, drawings and other technical or information materials, whether tangible or intangible);
the system administration, hosting, management and monitoring activities that we perform in relation to the web interface that we make available.
"Tax Receipt" means a certificate of payment issued by the Organization to its Contributors, generated via the Platform, entitling them to a deduction or other tax benefit in accordance with applicable Tax Laws.
"Urgent Security Issue" means (i) any use of the Services in violation of this Agreement; (ii) any Security Breach; or (iii) any situation that reasonably requires us to take immediate action to prevent or mitigate security risks, including taking significant security fixes.
"Usage Data" means data captured through and/or generated by the Services regarding statistics, trends, performance and analysis, such as pages viewed, performance statistics, errors that occur and electronic attributes of devices and devices, such as web browser name and version, operating system and country. Usage Data is generally used to improve our Services, monitor their performance and identify their most popular features.
"Volunteer" means any volunteer, volunteer or other individual contributing without charge or compensation to the Organization and who has been referred and matched through the Platform.
that is prohibited by applicable Laws or by our policies available to you, including this Agreement;
that will interfere with the use or enjoyment of the Services by third parties, including if such use results in automated, constant, repeated requests for data other than as permitted by this Agreement and has an adverse effect on our systems or network, including abnormal usage that overloads servers or causes parts of our network to be blocked (for example, denial of service attacks and distributed denial of service attacks);
who uses the Services to create, transmit, distribute or store any material that violates the Intellectual Property, privacy, publicity or other personal rights of individuals, export control, or which may otherwise be threatening, abusive, hateful, or which constitutes or encourages conduct that would be considered fraud, a criminal offense, or give rise to civil liability;
which results in (1) the sharing of credentials, identifiers and passwords among End Users or between End Users and third parties and (2) the distribution, disclosure or use of any of the Services in any form to or by unauthorized third parties (i.e., other than End Users), including through any time-sharing service, service bureau, network or other means;
which involves the use of any robot, spider, scraper, deep link or other similar automated data collection or extraction tool, program, algorithms or methodology to access, acquire, copy or monitor the Services or any part of the Services;
which involves decompiling, disassembling or otherwise reverse engineering or attempting to reconstruct or discover any source code or the ideas or algorithms of any of the Services underlying the Technology by any means;
that involves breaking into our security, including, without limitation:
Posting or transmitting any file that contains viruses, worms, Trojan horses or any other contaminating or destructive features;
by interfering with the proper functioning of services;
trying to hack security requirements or processes in the use of the services;
attempting to access any part of the Services (or any of their systems, networks, servers or other related equipment) that you are not authorized to access;
by attempting to disrupt in any way whatsoever the operation of the services, its servers or its network;
disobeying any requirements, procedures, policies or regulations of your network connected to the Services;
manipulating identifiers to disguise the origin of any content transmitted or uploaded to the services, or the source of any content;
modifying or tampering with the services in any unauthorized manner.