CRM
Terms of Use
The following terms (“Terms of Use”) form the basis of a contract that govern the use of the CRM Services and any additional agreed services as may be applicable by You and the Users. The Terms of Use constitute a legally binding agreement between You and Opus Fund Services (Bermuda) Ltd. (the “Agreement”). Please review the Terms of Use below check below to indicate that you have read and agree to the terms of the CRM Services.
1. USE OF SERVICES
1.1 Access. During the Subscription Term, we will provide your Users access to use the CRM Service as described in this Agreement and the applicable Order. We may provide your Users access to use our Free Services at any time by activating them in your Opus account. You must ensure that all access, use and receipt by your Users is subject to and in compliance with this Agreement. You may provide access and use of the CRM Service to your Affiliate's Users; provided that, all such access, use and receipt by your Affiliate's Users is subject to and in compliance with the Agreement and you will at all times remain liable for your Affiliates' compliance with the Agreement.
1.2 Additional Features. You may subscribe to additional services by placing an additional Order or activating the additional features from within your Opus account (if this option is made available by us.). This Agreement will apply to all additional Order(s) and all additional features that you activate from within your Opus account.
1.3 Modifications and Service Availability. We may modify the CRM Service from time to time without notice, by adding or deleting features and functions, to improve your experience. Opus will use its best efforts to provide 24-hour daily availability of the CRM Services. However, Opus makes no representation or warranty that 24-hour service will be available. You agree and acknowledge that the CRM Services will, at times, be unavailable due to regularly scheduled maintenance, service upgrades or other mechanical or electronic failures.
1.4 Customer Support. For active subscription customer support, please contact clientsolutions@opusfundservices.com. Please note that email support is available from 9am - 5pm ET Monday to Friday and responses shall only be provided during these hours. Opus, at its full discretion, may limit or deny your access to support if we determine you are acting, or have acted, in a way that results or has resulted in misuse of the CRM Services, support services or abuse of our employees.
1.5 Prohibited and Unauthorized Use. You will not use the CRM Service in any way that violates our Terms of Use, Applicable Law or for any purpose or in any manner that is unlawful or prohibited by this Agreement. You will not (i) directly or indirectly reverse engineer, decompile, disassemble or otherwise attempt to uncover or discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the CRM Services or any software, documentation or data related to the CRM Services; (ii) modify, translate, or create derivative works based on the CRM Services (except to the extent expressly permitted by us); (iii) or remove any proprietary notices or labels. You may not use the CRM Service if you are legally prohibited from receiving or using the CRM Service under the laws of the country in which you are resident or from which you access or use the CRM Service. You will notify us promptly of any unauthorized use of your Users identifications and passwords or your account.
1.6 No Sensitive Information. YOU ACKNOWLEDGE THAT THE CRM SERVICES HAVE NOT BEEN DESIGNED TO PROCESS OR MANAGE SENSITIVE INFORMATION AND ACCORDINGLY YOU AGREE NOT TO USE THE CRM SERVICE TO COLLECT, MANAGE OR PROCESS SENSITIVE INFORMATION. WE SPECIFICALLY DISCLAIM ANY LIABILITY FOR CLAIMS, DAMAGES OR LOSSES (WHETHER ASSERTED ON THE BASIS OF CONTRACT, TORT, OR OTHERWISE) THAT MAY RESULT FROM YOUR USE OF THE CRM SERVICE TO COLLECT, PROCESS OR MANAGE SENSITIVE INFORMATION.
1.7 Free Service. If you register for the free service, we will make the applicable CRM Service available to you until the earlier of (a) you notify us in writing of your intention to terminate or (b) you fail to log in to use the service for a period of 12 months. At the end of the free service, all of your data in the CRM Service may be permanently deleted and we will not recover it.
1.8 Termination of User Account. You agree to notify Opus via email at clientsolutions@opusfundservices.com immediately when a User account is to be terminated. Opus will make every effort to terminate access immediately. However, you cannot be assured that access has been terminated until an email confirmation of termination of termination has been received. Opus shall not be responsible for any use of the CRM Services while an account is being transitioned from active to terminated.
2. TERM AND TERMINATION
2.1 Term. This Agreement will commence on the date access commences (the “Effective Date”) continue in full force and effect for one (1) year. This Agreement will automatically renew for additional one (1) year terms until terminated by the parties in accordance with the terms of this Agreement. This Agreement and any related Order may be terminated at any time by either party upon thirty (30) days written notice.
2.2 Termination and Breach. Either party may terminate this Agreement for the following reasons by providing written notice to the other parties and the opportunity to cure such breach (if capable of remedy) within fifteen (15) business days; (i) if another party commits a material breach of any of its obligations hereunder (iii) if you fail to pay any and all fees due to Opus within thirty (30) days of such fees becoming due and payable.
2.3 Termination for Cause. Notwithstanding the foregoing, Opus shall have the right to terminate this Agreement without notice or cure period if (i) you or Users materially violate Applicable Law with respect to their use or the CRM Services such that Opus is adversely affected, or is named as a respondent, defendant or is otherwise the focus of regulatory, civil or criminal proceeding or investigation; the violation or existence of which is likely to result in reputational damage that would likely have a materially adverse economic impact on the Opus’ business; or (ii) Opus has reasonable grounds to believe that you and/or your Users may be engaging in actions that could expose Opus to material liability or significant reputational risk.
2.4 Effect of Termination. Upon any expiration or termination of the Agreement; (i) access to the CRM Services shall to immediately cease and; (ii) you will immediately pay all due fees. Notwithstanding the foregoing Clause 4 Intellectual Property, Clause 5 Confidentiality, Clause 6 Indemnification and Clause 7 Disclaimers; Liability and shall survive the expiration or termination of this Agreement and/or any related Order.
3. CUSTOMER DATA
3.1 Customer Proprietary Rights. You own and retain all rights to your Materials and Data. This Agreement does not grant us any ownership rights to your Materials or Data. You grant permission to us to use your Materials and Data only as necessary to provide the CRM Services to you and as otherwise permitted by this Agreement. If you are using the CRM Service, you warrant that you shall comply with and observe the Applicable Law with respect to the Users in respect of privacy, information security and/or data protection and ensure that you have obtained all necessary consents, and made any related regulatory filings, required in the United States and/or for non-U.S. jurisdictions (the "Consents") for the Opus and its Affiliates to collect, process, and transfer any data.
3.2 Data Practices and Machine Learning. (i) Usage Data. We may collect information about you and your Users when you interact with the CRM Service as permitted by the Agreement and (ii) Machine Learning. We may use Customer Data for machine learning to support and develop features and functionality within the CRM Service and similar products and services. You instruct us to use Customer Data for such purposes. You may opt-out of having your Customer Data used for machine learning by emailing privacy@opusfundservices.com.
3.3 Protection of Customer Data. Opus shall take appropriate security measures under all Applicable Laws to secure your Data against unauthorized access, or unauthorized alteration, disclosure or destruction, in particular where the data processing involves the transmission of data over a network, and against all other unlawful forms of data processing, including but not limited to taking reasonable steps to ensure that persons employed by the Opus and other persons at Opus’ facilities from where he CRM Services are provided are aware of and comply with the security measures as aforesaid.
3.4 Regional Data Hosting. You acknowledge We will store Customer Data in a specific location or geographical region (e.g. North America or Europe) as part of your subscription subject to the terms of this Agreement.
3.5 Customer Data Transfers. Data may be disclosed or transferred internationally both to other offices of Opus, including to countries with privacy, information security and data protection legal regimes not as stringent as those in the United States. Data transferred will be subject to the General Data Protection Regulation Terms.
4. INTELLECTUAL PROPERTY
4.1 This is an Agreement for access to and use of the CRM Service, and you are not granted a license to any software by this Agreement whether by implication, estoppel or otherwise. We retain all intellectual property rights to the Opus Content, the CRM Service, and any other products or services provided under this Agreement. You agree not to copy, rent, lease, sell, distribute, or create derivative works based on the Opus Content, the CRM Service in whole or in part, by any means, except as expressly authorized in writing by us.
4.2 We encourage all customers to comment on the CRM Services, provide suggestions for improving it, and vote on suggestions they like. You agree that all such comments and suggestions will be non-confidential and that we own all rights to use and incorporate them into the CRM Service without payment or attribution to you.
5. CONFIDENTIALITY
5.1 All parties shall use reasonable efforts to ensure that Confidential Information is not provided to anyone (internal or external), other than to those individuals (including third parties) with a "need to know" in order to perform the receiving party’s obligations under this Agreement. Opus represents that it has and will continue to have during the term of this Agreement, policies and procedures, including reasonable electronic and physical safeguards, reasonably designed to safeguard the Confidential Information and to prevent the direct or indirect disclosure to or access by anyone to any Confidential Information of the Users.
5.2 The terms of this Agreement shall not apply to any Confidential Information of either party: (i) that was already in possession of the receiving party (the "Receiving Party") prior to disclosure; (ii) that is obtained from a third person who, insofar as is known to the Receiving Party, is not prohibited from disclosing or transmitting the information by a contractual, legal or fiduciary obligation; (iii) that is or becomes publicly available through no fault of the Receiving Party; or (iv) that is independently developed by the Receiving Party without use of the Confidential Information; or (v) that is part of a communication covered by the provisions of Section 21F of the Securities Exchange Act of 1934, as amended (15.U.S.C. §78u-6) or Regulation 21F (17 C.F.R. §§ 240.21F-1 et seq.) (where applicable) . Opus may disclose the identity of you as a source or recipient of certain market data to the relevant market data vendors for the purpose of complying with the Opus contractual obligations.
5.3 In the event that either party is requested or in its reasonable discretion is required (by interrogatory, request for information or documents, subpoena, deposition, civil investigative demand or other process or by any government, regulatory or self-regulatory authority) to disclose (i) any Confidential Information or (ii) any information developed from the Confidential Information, the party so requested or required may disclose that portion of the Confidential Information which its counsel advises that it is reasonably required to disclose and, if legally permitted, it may promptly notify the non-disclosing party of any such disclosure subject to any limitations imposed by Applicable Law or regulation.
5.4 All parties shall not directly or indirectly disclose or make available the terms of this Agreement and any related Order agreements whole or in part without the prior written consent of the other parties. Notwithstanding the foregoing, each party shall have the right to disclose the material terms of this Agreement in confidence to its attorneys (“Approved Recipients”) subject to such Disclosing Party obtaining the agreement of such Approved Recipients receiving such Confidential Information to protect such information in the same manner and to the same degree that it protects its own confidential and proprietary information, but shall not take less than commercially reasonable precautions. Further, that the Disclosing Party shall be liable for any failure by any Approved Recipients.
6. INDEMNIFICATION
6.1 You agree to defend, indemnify and hold harmless the Opus and its Indemnified Parties from and against any and all for claims, liabilities, damages, losses, costs and expenses, including amounts paid in satisfaction of judgments, in compromises and settlements, as fines and penalties and legal or other costs and expenses of investigating or defending against any claim or alleged claim, of any nature whatsoever, known or unknown, liquidated or un-liquidated (a "Loss") that is incurred by such Indemnified Parties and arises out of or in connection with the use of the CRM Services or the performance or non-performance by Opus or any of its responsibilities under this Agreement; provided, that Opus shall be entitled to indemnification hereunder only if and to the extent that Opus’ conduct giving rise to such Loss did not constitute proven Negligence, willful misconduct or fraud.
6.2 Notwithstanding any other indemnification, either at law or contained in this Agreement, to which Opus may be entitled (which shall be in addition to, and not in substitution for, the following), You agree to indemnify and keep indemnified the Opus and Indemnified Parties from and against any Loss, except as prohibited by law, which may be imposed on, incurred by or asserted against any of them arising from the use of the CRM Services by you or your Users.
6.3 Promptly upon receiving notice of the commencement of an action or claim to which any or all of the Indemnified Parties may be a party, such Indemnified Party or Parties shall notify the party from whom it seeks the indemnification (the "Indemnifying Party") pursuant to this section relating to such action or claim (provided that the failure immediately to so notify shall not relieve the Indemnifying Party of its obligations hereunder). Subject to subsection (d) below, the Indemnifying Party shall be entitled to participate in such action or claim and assume the defense of such action against the applicable Indemnified Party or claim with counsel of the Indemnifying Party’s choosing.
6.4 If Opus should reasonably determine in good faith that its interests are or may not be aligned or materially adverse to the interests of it or any other party to whom the Indemnifying Party may be liable, the Indemnified Party may retain, at the Indemnifying Party’s expense, its own counsel in connection with such action or claim. The right of the Indemnified Party to the indemnification provided herein shall be cumulative of, and in addition to, any and all rights to which the Indemnified Party may otherwise be entitled by contract or as a matter of law or equity and shall extend to the Indemnified Party’s successors, assigns and legal representatives.
6.5 Without limiting the generality of the foregoing, the Indemnified Parties shall be entitled to receive defense and indemnity, under the terms of this Agreement on an ongoing basis as and when such are payable by the Indemnified Parties irrespective of the nature of the claims made against the Indemnified Parties. The Indemnified Party shall repay any such sums advanced in the event that such proceedings are proven to arise from either the willful misconduct, fraud or Negligence by the Indemnified Parties
7. DISCLAIMERS; LIMITATION OF LIABILITY
7.1 To the fullest extent permitted by law, Opus shall not be liable to you, your Affiliates, any User or third party for a Loss due to any act or omission by the Opus (and not to any other third party including without limitation any User) with respect to a Loss due to any act or omission by Opus, provided that Opus may be liable to the you (and not to any other third party including without limitation any User) with respect to a Loss that was a direct result of Gross Negligence, willful misconduct or fraud of the Opus in connection with the performance of the CRM Services. Notwithstanding any other term of this Agreement, you may not bring any claim under or relating to this Agreement against Opus for any special, indirect, punitive, incidental or consequential damages.
7.2 Absent the fraud of Opus, in no event shall the aggregate of all liabilities of Opus under this Agreement and any related Order be in excess of twelve (12) months previously paid fees. Further, Opus shall not be liable for any actions that occurred or failed to occur prior to the Effective Date of this Agreement or its termination.
7.3 Opus shall not be liable for any Loss due to (i) any error or accuracy with respect to the CRM Services (ii) or for any breach of its servers or systems, any hacking or any unauthorized disclosure, unauthorized use or any unauthorized license to any information or data (including, but not limited to, customer data) in any medium (iii) for the failure to monitor or for the content, or appropriateness regarding the use of the CRM Services.
7.4 Opus shall not be required to take any legal action on behalf of You unless fully indemnified by You to its reasonable satisfaction for all costs and liabilities likely to be incurred or suffered by it. If you require Opus in any capacity to take any action which in the written opinion of legal counsel (either internal or external) to Opus is reasonably likely to make Opus as agent, liable for the payment of money or liable in any other way, Opus shall be indemnified by You and remain indemnified by You for any reasonable amount and form satisfactory to it as a pre requisite to taking such action. In the event that in the course of taking such action you shall remit monies to Opus for the purposes of indemnifying it for actions taken pursuant to this section and within one year of taking such action the monies have not been spent Opus on such legal action, Opus shall promptly return such monies to You.
7.5 IN NO EVENT SHALL OPUS BE LIABLE FOR ANY ERROR OR INACCURACY OF THE CRM SERVICES NOR OTHER INFORMATION OR DOCUMENT PRODUCED IN ACCORDANCE WITH THIS AGREEMENT, UNLESS AND TO THE EXTENT THAT SUCH ERROR OR INACCURACY IS DUE TO THE GROSS NEGLIGENCE, FRAUD OR WILLFUL MISCONDUCT BY OPUS. THE PARTIES AGREE THAT THE USER IS RESPONSIBLE FOR THE ACCURACY OF INFORMAITON PROVIDED OR USED IN CONNECTION WITH THE SERVICES.
8. MISCELLANEOUS
8.1 Amendment; No Waiver. Opus may amend or modify any part or all of the Agreement by posting a revised version at http://opusfundservices.com. The revised version will become effective and binding the following business day after it is posted. If you do not agree with a modification to the Agreement, you must notify us in writing within fifteen (15) days after the revised agreement becomes effective and binding. If you give us this notice, then your subscription will continue to be governed by the terms and conditions of the Agreement prior to modification until your next renewal date, after which the current terms posted at http://opusfundservices.com will apply. In the event Opus can no longer reasonably provide the CRM Services to you under the original terms (for example, if the modifications are required by law or result from general product changes), then the Agreement and/or affected Subscription Services will terminate immediately upon our notice to you. No delay in exercising any right or remedy or failure to object will be a waiver of such right or remedy or any other right or remedy. A waiver on one occasion shall not be construed as a waiver or remedy for any future event.
8.2 Force Majeure. Opus shall not be liable for any action taken, any delay or any failure to take any action required to be taken hereunder or otherwise to fulfill our obligations hereunder (including any loss, delay or mis-delivery or error in transmission of communications or financial information) in the event and to the extent that the taking of such action, such delay or such failure arises out of or is caused by or directly or indirectly due to war, act of terrorism, pandemic, insurrection, riot, labor disputes, civil commotion, act of God, fire, water damage, explosion, any law, decree, regulation or order of any government or governmental body (including any court of tribunal), or any other cause (whether similar or dissimilar to any of the foregoing) whatsoever beyond its reasonable control. In any such event, Opus shall be excused from any further performance of the obligations so affected only for so long as such circumstances prevail and such party continues to use commercially reasonable efforts to recommence performance as soon as practicable.
8.3 Actions Permitted. Except for actions for breach of a party’s proprietary rights, no action, regardless of form, arising out of or relating to this Agreement may be brought by either party more than one (1) year after the cause of action has accrued.
8.4 Relationship of the Parties and Exclusivity. You and Opus agrees that no joint venture, partnership, employment, or agency relationship exists between us. The CRM Services are non- exclusive and Opus is free to render, similar (or different) services to others, including Affiliates. Opus is not under any duty to disclose information obtained from such other clients and/or sources to You.
8.5 Severability. If any part of this Agreement or an Order Form is determined to be invalid or unenforceable by applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect.
8.6 Notices. To Opus: Notice will be sent to legal@opusfundservices.com and will be deemed delivered as of the date of actual receipt.
To you: your address as provided in our Opus Subscription account information for you. We may give electronic notices by general notice via the Subscription Service and may give electronic notices specific to you by email to your e-mail address(es) on record in our account information for you or through the notifications center of the Subscription Service. We may give notice to you by telephone calls to the telephone numbers on record in our account information for you. You must keep all of your account information current.
8.7 Entire Agreement. This Agreement (including each Order) is the entire agreement between us for the Subscription Service and supersedes all other proposals and agreements, whether electronic, oral or written, between us. We object to and reject any additional or different terms proposed by you, including those contained in your purchase order, acceptance, supplier portal, or website. Our obligations are not contingent on the delivery of any future functionality or features of the Subscription Service or dependent on any oral or written comments made by us regarding future functionality or features of the Subscription Service.
8.8 Assignment. You will not assign or transfer this Agreement without our prior written consent. We may assign this Agreement to any Opus Affiliate or in the event of merger, reorganization, sale of all or substantially all of our assets, change of control or operation of law.
8.9 No Third Party Beneficiaries. Nothing in this Agreement, express or implied, is intended to or will confer upon any third party person or entity any right, benefit or remedy of any nature whatsoever under or by reason of this Agreement.
8.10 Contract for Services. This Agreement is a contract for the provision of services and not a contract for the sale of goods. The provisions of the Uniform Commercial Code (UCC), the Uniform Computer Information Transaction Act (UCITA), or any substantially similar legislation as may be enacted, will not apply to this Agreement. If you are located outside of the territory of the United States, the parties agree that the United Nations Convention on Contracts for the International Sale of Goods will not govern this Agreement or the rights and obligations of the parties under this Agreement.
8.11 Authority. Each party represents and warrants to the other that it has full power and authority to enter into this Agreement and that it is binding upon such party and enforceable in accordance with its terms. You further warrant and represent that you have the authority to procure your Affiliates compliance with the terms of this Agreement.
8.12 Precedence. In the event of a conflict between the terms of the Agreement and an Order, the terms of this Agreement will prevail.
8.13 Governing Law and Consent to Arbitration: This Agreement shall be governed by the laws of the State of New York, without giving effect to any principles thereof relating to conflicts of laws. Any dispute or controversy between the parties relating to or arising out of this Agreement or any amendment or modification hereof shall be exclusively determined by confidential arbitration in New York City, New York under the auspices of the American Arbitration Association (“AAA”) with one arbitrator, and pursuant to the Federal Arbitration Act and the Arbitration Rules of the AAA. The arbitration award shall be final and binding upon the parties and judgment may be entered thereon by any court of competent jurisdiction.
8.14 Class Action. Any arbitration hereunder shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class or collective action basis or on a basis involving claims brought in a purported representative capacity on behalf of others. No dispute or controversy may be joined with that of another without the consent of all parties thereto, and class and collective actions under this arbitration provision are prohibited and the arbitrator shall have no authority to proceed on such basis.
8.15 Fees. All fees for use of the CRM Services as agreed by You and Opus (“The Fees”). The Fees shall be payable within 30 days of the last day of the month to which the invoice applies. Late payments received after due dates are subject to a late charge of 5% per month.
8.16 Breach of Fees. In the event there is a default regard payment of any fees or charges due for use of the CRM Services and such default is not cured within 10 days, Opus reserves the right to may suspend access to the CRM Services until such a time the account is paid in full.
Acceptance:
By using the CRM Services, I acknowledge the above Terms of Use shall be applied to me and my Users use of the CRM Services. I have read and agree to the Terms of Use and agree to be bound by them.
DEFINITIONS
"Affiliate" means any entity which directly or indirectly controls, is controlled by, or is under common control with a party to this Agreement. For purposes of this definition, control means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity.
"Agreement" or “Customer Terms of Service” means these terms. and all materials referred or linked to in here, unless otherwise stated.
“Applicable Law” means, with respect to any specified individual, partnership, limited liability company, corporation, trust or other legal entity, any law, rule, regulation or administrative or self-regulatory requirement that is binding upon such any individual, partnership, limited liability company, corporation, trust or other legal entity.
“Confidential Information” means all confidential information disclosed by a party ("Disclosing Party") to the other party ("Receiving Party"), whether orally or in writing, that is designated as confidential, or a reasonable person would consider confidential. Confidential Information includes all information concerning: the Disclosing Party's customers and potential customers, past, present or proposed products, marketing plans, engineering and other designs, technical data, business plans, business opportunities, finances, research, development, and the terms and conditions of this Agreement. Confidential Information does not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party, (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party, (iii) is received from a third party without breach of any obligation owed to the Disclosing Party, or (iv) was independently developed by the Receiving Party. Subject to the foregoing exclusions, Customer Data will be considered Confidential Information under this Agreement regardless of whether or not it is designated as confidential.
"Contact" means a single individual (other than a User) whose Contact Information is stored by you in the Subscription Service.
"Contact Information" means the name, email address, phone number, online username(s), and similar information submitted by visitors to your landing pages on the Subscription Service or uploaded by you to the Subscription Service.
"Customer Data" or “Data” means all information that you submit or collect via the Subscription Service.
"Customer Materials" or “Materials” means all materials that you provide or post, upload, input or submit for public display through the Subscription Service.
“Free Services” means the Subscription Service or other products or features made available by us to you on an unpaid trial or free basis.
“Indemnified Parties” means Opus and its subsidiaries, Affiliates, directors and other officers, shareholders, servants, employees and permitted delegates and sub-delegates under this Agreement.
"Opus Content" means all information, data, text, messages, software, sound, music, video, photographs, graphics, images, and tags that we incorporate into the Subscription Service or Consulting Services, including Enrichment Data (as defined in the Product Specific Terms).
"Order" or "Order Form" means the Opus-approved form or online subscription process by which you agree to subscribe to the Subscription Service.
“Personal Data” means any information relating to an identified or identifiable individual where (i) such information is contained within Customer Data and (ii) is protected as personal data, personal information, or personally identifiable information under applicable Data Protection Laws.
"Sensitive Information" means credit or debit card numbers; financial account numbers or wire instructions; government issued identification numbers (such as Social Security numbers, passport numbers), biometric information, personal health information (or other information protected under any applicable health data protection laws), personal information of children protected under any child data protection laws, and any other information or combinations of information that falls within the definition of “special categories of data” under GDPR or any other applicable law relating to privacy and data protection.
"Subscription Service" means all of our web-based applications, tools and platforms that you have subscribed to under an Order Form or that we otherwise make available to you, and are developed, operated, and maintained by us, accessible via http://opusfundservices.com or another designated URL, and any ancillary products and services, including website hosting, that we provide to you.
"Subscription Term" means the initial term of your subscription to the applicable Subscription Service, as specified on your Order Form(s), and each subsequent renewal term (if any). For Free Services, the Subscription Term will be the period during which you have an account to access the Free Services.
"Third-Party Products" means non-embedded products and professional services that are provided by third parties which interoperate with or are used in connection with the Subscription Service. These products and services include non-Opus apps available from, for example, our marketplaces, directories, and links made available through the Subscription Service and non-Opus services.
"Third-Party Sites" means third-party websites linked to from within the Subscription Service, including Communications Services.
"Users" means your employees, representatives, consultants, contractors, or agents who are authorized to use the Subscription Service for your benefit and have unique user identifications and passwords for the Subscription Service.
"Opus", "we", "us" or “our” means the applicable contracting entity as specified in the ‘Contracting Entity and Applicable Law’ section.
"You", "your" or “Customer” means the person or entity using the Subscription Service or receiving the Consulting Services and identified in the applicable account record, billing statement, online subscription process, or Order Form as the customer and your Affiliates included in the scope of your purchase.