“Account Information”
includes names, usernames, phone numbers, email
addresses and billing information associated with your
“katalitic” account.
“API”
means an application program interface.
“katalitic Confidential Information”
means all nonpublic information disclosed by us, our
affiliates, business partners or our or their respective
employees, contractors or agents that is designated as
confidential or that, given the nature of the
information or circumstances surrounding its disclosure,
reasonably should be understood to be confidential.
“katalitic” Confidential Information includes: (a)
nonpublic information relating to our or our affiliates
or business partners’ technology, customers, business
plans, promotional and marketing activities, finances
and other business affairs; (b) third-party information
that we are obligated to keep confidential; and (c) the
nature, content and existence of any discussions or
negotiations between you and us or our affiliates.
“katalitic” Confidential Information does not include
any information that: (i) is or becomes publicly
available without breach of this Agreement; (ii) can be
shown by documentation to have been known to you at the
time of your receipt from us; (iii) is received from a
third party who did not acquire or disclose the same by
a wrongful or tortious act; or (iv) can be shown by
documentation to have been independently developed by
you without reference to the “katalitic” Confidential
Information.
“katalitic Content”means Content we or any of our affiliates make
available in connection with the Services or on the
“katalitic” Site to allow access to and use of the
Services, including APIs; WSDLs; Documentation; sample
code; software libraries; command line tools; proofs of
concept; templates; and other related technology
(including any of the foregoing that are provided by our
personnel). “katalitic” Content does not include the
Services or Third-Party Content.
“katalitic Marks”
means any trademarks, service marks, service or trade
names, logos, and other designations of “katalitic” and
its affiliates that we may make available to you in
connection with this Agreement.
“katalitic Site”
means https://www.katalitic.io (and any
successor or related site designated by us), as may be
updated by us from time to time.
“Content”
means software (including machine images), data, text,
audio, video or images.
“Documentation”
means the user guides and admin guides (in each case
exclusive of content referenced via hyperlink) for the
Services located at
https://docs.katalitic.io (and any successor or
related locations designated by us), as such user guides
and admin guides may be updated by Virtual Lab from time
to time.
“Indirect Taxes”means applicable taxes and duties, including, without
limitation, VAT, Service Tax, GST, excise taxes, sales
and transactions taxes, and gross receipts tax.
“Losses”
means any claims, damages, losses, liabilities, costs,
and expenses (including reasonable attorneys’
fees).
“Policies”
means the Acceptable Use Policy, Privacy Policy, the
Site Terms, the Service Terms, the Trademark Use
Guidelines, all restrictions described in the
“katalitic” Content and on the “katalitic” Site, and any
other policy or terms referenced in or incorporated into
this Agreement, but does not include whitepapers or
other marketing materials referenced on the “katalitic”
Site.
“Privacy Policy”means the privacy policy located at
https://www.katalitic.io/privacy (and any
successor or related locations designated by us), as it
may be updated by us from time to time.
“Service”
means each of the services made available by us or our
affiliates, including those web services described in
the Service Terms. Services do not include Third-Party
Content.
“Service Attributes”
means Service usage data related to your account, such
as resource identifiers, metadata tags, security and
access roles, rules, usage policies, permissions, usage
statistics and analytics.
“Service Offerings”means the Services (including associated APIs), the
“katalitic” Content, the “katalitic” Marks, and any
other product or service provided by us under this
Agreement. Service Offerings do not include Third-Party
Content.
“Suggestions”means all suggested improvements to the Service
Offerings that you provide to us.
“Term”
means the term of this Agreement described in Section
7.1.
“Termination Date”
means the effective date of termination provided in
accordance with Section 7, in a notice from one party to
the other.
“Third-Party Content”
means Content made available to you by any third party
on the “katalitic” Site or in conjunction with the
Services.
“Your Content”
means Content that you or any End User transfers to us
for processing, storage or hosting by the Services in
connection with your “katalitic” account and any
computational results that you or any End User derive
from the foregoing through their use of the Services.
“Your Submissions”
means Content that you post or otherwise submit to
developer forums, sample code repositories, public data
repositories, or similar community-focused areas of the
“katalitic” Site, or any other part of the “katalitic”
Site that allows third parties to make available
software, products or data.