Singlewire Visitor Aware Service Schedule
This Visitor Aware Service Schedule (“Visitor Aware Service Schedule”) forms part of, and is incorporated into, the Agreement between Singlewire and Customer and is applicable only where Customer orders Visitor Aware Services.
1. Defined Terms. For purposes of this Visitor Aware Service Schedule, the following capitalized terms shall have the meanings ascribed thereto. Other capitalized terms used in this Visitor Aware Service Schedule are defined in the context in which they are used and shall have the meanings there indicated. Other capitalized terms used but not defined herein shall have the meanings given to them in the Singlewire Master Terms and Conditions (the “Terms“), available at [https:www.singlewire.com/terms].
(a) “Customer Visitor Data” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with an identified or identifiable individual uploaded, collected, generated by or otherwise processed through or in connection with Customer’s access to and use of the Visitor Aware Services. For clarity, Customer Visitor Data constitutes Visitor Aware Content.
(b) “Locations” means the authorized locations set forth in the applicable Agreement at which Customer may access and use the Visitor Aware Services in accordance with the applicable Agreement.
(c) “Visitor Aware Content” means all text, audio, imagery, video and other information or content input by Customer’s Users into the Visitor Aware Services. For clarity, Visitor Aware Content constitutes Customer Data.
(d) “Visitor Aware Materials” means the Documentation and any other documents, software, devices, works or materials provided or otherwise made available to Customer by Singlewire in connection with Singlewire’s provision and Customer’s receipt, access to and use of the Visitor Aware Services under an Agreement.
(e) “Visitor Aware Services” means the Visitor Aware Management Software SaaS Offering Singlewire provides to Customer pursuant to an Agreement.
2. Visitor Aware Services.
(a) Authorization for Access and Use of Visitor Aware Materials. Subject to Customer’s compliance with the terms of the applicable Agreement, including, without limitation, this Visitor Aware Service Schedule, in addition to, and not in lieu of, any rights granted under the applicable Agreement, including, without limitation, the limited rights to access and use the Visitor Aware Services as specified in the Terms, Singlewire grants to Customer a limited, non-exclusive, non-transferable, non-sublicensable, non-assignable, revocable right to access and use the Visitor Aware Materials for Customer’s own internal business purposes, as described in the Documentation and solely in connection with Customer’s access to and use of the Visitor Aware Services. Customer’s rights with respect to the Visitor Aware Materials shall terminate upon the expiration or earlier termination of the applicable Order Form.
(b) Use of Visitor Aware Services. In addition to, and not in lieu of, any terms governing Customer’s or a Customer’s User’s access to or use of the Visitor Aware Services set forth in the applicable Agreement, including, without limitation, as specified in the Terms, the following shall apply to Customer’s access to and use of the Visitor Aware Services:
(1) Updates. Singlewire may, but is not obligated to, provide or otherwise make available updates or modifications to the Visitor Aware Services or Visitor Aware Materials from time to time (collectively, “Visitor Aware Updates“). In the event Singlewire provides or otherwise makes available a Visitor Aware Update, the prior version of, as applicable, the Visitor Aware Services or Visitor Aware Materials will no longer be accessible (collectively, “Prior Visitor Aware Versions“). Without limiting the generality of the foregoing, Customer shall not, and shall not attempt to, access or use any Prior Visitor Aware Version after Singlewire provides or otherwise makes available an applicable Visitor Aware Update.
(2) Compliance with Applicable Laws and Regulations. Customer represents and warrants that:
(a) Customer and Customer’s Users will not use the Visitor Aware Services in a manner that is prohibited by any law or regulation, or to facilitate the violation of any law, including, without limitation, any laws applicable to the collection and use of biometric data (as such term or terms of similar import are defined in applicable laws);
(b) Customer and Customer’s Users will comply with all applicable laws concerning the privacy and protection of Visitor Aware Content, including, without limitation any Customer Visitor Data, uploaded, collected, generated or otherwise processed through or in connection with Customer’s and Customer’s Users’ access to and use of the Visitor Aware Services, including, without limitation, any laws applicable to the collection and use of biometric data (as such terms or terms of similar import are defined in applicable laws); and
(c) Customer acknowledges and agrees that, as between Customer and Singlewire, Customer shall be solely responsible for providing notices to and obtaining any consents and authorizations and maintaining appropriate technical, physical and organizational measures all as required under applicable law and as otherwise necessary to upload, collect, generate or otherwise process any and all Visitor Aware Content through or in connection with Customer’s and Customer’s Users’ access to and use of the Visitor Aware Services.
(3) Visitor Aware Content. Without limiting anything set forth in the applicable Agreement(s) regarding Customer Data, including, without limitation, any rights or licenses granted with respect to Customer Data, Customer agrees as follows:
(a) all Visitor Aware Content is the sole responsibility of Customer, including, without limitation, the integrity, legality and quality of all Visitor Aware Content;
(b) Visitor Aware Content shall not infringe the Intellectual Property rights of any Party or third party, violate any applicable laws, including, without limitation, any applicable privacy laws, conflict with any of Customer’s applicable privacy policies or notices or violate any Party’s or third party’s right to privacy; and
(c) Singlewire has no obligation or liability for any loss, alteration, destruction, damage, corruption or recovery of any Customer Data collected through, or otherwise generated by, Customer’s access to or use of the Visitor Aware Services, including, without limitation, any Visitor Aware Content. Without limiting the foregoing, under no circumstances will Singlewire or any of its service providers or suppliers be responsible for any loss, alteration, destruction, damage, corruption, recovery or loss of access to any such Customer Data or any damage or liability arising out of such Customer Data, including, without limitation, any mistakes or errors contained in any such Customer Data or the use or transmission of any such Customer Data or any such Customer Data that infringes the Intellectual Property rights of any Party or third party.
(4) Prohibited Uses. Without limiting anything set forth in the applicable Agreement(s), Customer will not access or use or permit or attempt to access or use the Visitor Aware Services or Visitor Aware Materials:
(a) to engage in or facilitate any illegal, unethical, deceptive or misleading practices;
(b) in any manner which violates or facilitates the violation of any law, statute, ordinance, rule or regulation, (including without limitation, any applicable privacy or data protection laws and regulations, the Family Educational Privacy Rights Act or any applicable state education privacy laws, and any related rules or regulations).
(5) Locations. Customer shall only use the Visitor Aware Services at and for the benefit of the Location(s). Any use of the Visitor Aware Services at or for the benefit of any other facility or location without Singlewire’s prior express consent is strictly prohibited.
(c) No Reliance. Without limiting anything set forth in the applicable Agreement(s), Customer acknowledges and agrees that Customer’s acquisition of the right to access and use the Visitor Aware Services was not made in reliance on an expectation Singlewire will provide or otherwise make available any additional features or functionalities to the Visitor Aware Services in the future or on any statements made by Singlewire regarding the possibility of any such future features or functionalities.