“Annual Services” | means the provision by Autto of the Services specified in a Subscription for a fixed period of twelve (12) months. |
“Autto” | Autto Limited, a company registered in England with number 10143556 and its registered office at 8 Devonshire Square London EC2M 4PL. |
“Autto Platform” | means Autto’s proprietary web platform which can be accessed at https://www.autto.io/. |
“Autto Pricing and Payments Policy” | means the then-current version of Autto’s pricing and payments policy in respect of Autto Services, which may be accessed at https://autto.io/pricing. |
Autto Services | means the workflow automation software tools with the functionality, features and other benefits, and subject to the workflow and monthly actions limits, associated with a “Free”, “Basic”, “Business” or “Corporate” package, as further described on the Autto Platform and that are made available by Autto to the Customer by means of Autto’s proprietary web applications which are accessed on a hosted, software-as-a-service (SaaS) basis pursuant to a Contract. |
“Autto Support Policy” | means the then-current version of Autto’s support policy for the provision of Support Services, which may be accessed at https://autto.io/support. |
“Business Days” | Mondays to Fridays, excluding English Bank and public holidays. |
Charges | means: (i) in the case of Annual Services, the annual subscription charges or; (ii) in the case of Monthly Services, the monthly subscription charges, as specified in the Autto Pricing and Payments Policy. |
“Contract” | means a contract between Autto and the Customer made up of a Subscription, these Terms and Conditions and any documents expressly referred to in either of them, and any amendments to that contract from time to time. |
“Customer” | means the person or entity identified as such in a Subscription. |
“Customer Data” | means any data provided by the Customer to Autto or created by the Customer under or in connection with a Contract. |
“Customer Personal Data” | means any Personal Data provided by the Customer to Autto under or in connection with a Contract and in respect of which the Customer is a Data Controller. |
“Confidential Information” | means any information disclosed or made available (whether in writing, verbally or otherwise) by either party (“Discloser”) to the other party (“Recipient”) including: (a) any information that is marked, or at the time of disclosure is otherwise designated, as being confidential; (b) any information that would be regarded as confidential by a reasonable business person in or relating to the business, affairs, operations, processes, products, clients, customers inventions, know-how, trade secrets, designs or software of the Discloser (including, in the case of Autto, the Autto Services); and (c) any information or analysis derived from any of the information referred to in (a) or (b). |
“Data Controller” | has the meaning given to it in the Data Protection Legislation |
“Data Processor” | has the meaning given to it in the Data Protection Legislation |
“Data Protection Legislation” | means: (i) the EU Data Protection Directive (Directive 95/46/EC), the Data Protection Act 1998, the Data Protection Act 2018 and Electronic Communications (EC Directive) Regulations 2003; (ii) the EU General Data Protection Regulation (Regulation (EU) 2016/679); and (iii) any other data protection laws and regulations, orders and any codes of practice, guidelines and recommendations issued by the Information Commissioner’s Office or any replacement or equivalent body, as amended and in force from time to time. |
“Force Majeure Event” | an event, or a series of related events, that is outside the reasonable control of the party affected, including: failures of the internet or any public telecommunications network; hacker attacks; denial of service attacks; virus or other malicious software attacks or infections; power failures; industrial disputes affecting any third party; changes to the law; disasters, explosions, fires, floods, riots, terrorist attacks and wars; failure of computer systems or infrastructure owned or managed by a party’s subcontractor or supplier. |
“Intellectual Property Rights” | patents, rights in inventions, know how, show how and trade secrets, copyright and related rights, moral rights, registered designs, design rights, database rights, semiconductor topography rights, trade marks and service marks, trade names, business names, brand names, get up, logos, domain names and URLs, rights in unfair competition, goodwill and rights to sue for passing off and any other intellectual property rights (in each case, whether or not registered, and including all applications to register and rights to apply to register any of them and all rights to sue for any past or present infringement of them) and all rights or forms of protection having equivalent or similar effect in any jurisdiction. |
“Monthly Services” | means the provision by Autto of the Services specified in a Subscription on a monthly basis. |
“Personal Data” | has the meaning given to it in the Data Protection Legislation. |
“Processing” | has the meaning given to it in the Data Protection Legislation. |
“Services” | means: - the Autto Services; and
- the Support Services,
or, as required by the context, either of them. |
“Specifications” | means the descriptions of the Autto Services on the Autto Platform. |
“Subscription” | means an order for the supply of Services that is submitted by the Customer via the Autto Platform and is accepted in writing by Autto. |
“Support Services” | means the support and maintenance services that are available in relation to a “Free”, “Basic”, “Business” or “Integrator” package, as further described on the Autto Support Policy. |
“Term” | has the meaning given to it in clause 2.1. |
“Workflows” | has the meaning given to it in clause 8.3. |