Lucky Orange, LLC (“Lucky Orange,”) makes the Lucky Orange website and its proprietary software, services, extensions, and application programming interfaces (collectively, the “Service”) available for your use subject to the terms and conditions herein and any additional terms contained in an amendment or addendum (collectively, the “Agreement”). This Agreement is between Lucky Orange and the legal entity or entities that accept(s) this Agreement by physical or electronic signature, or by a click-through acceptance (“Customer”, “You”, or “your”). This Agreement is effective as of the earlier of the date of click-through acceptance, as applicable (such date, the “Effective Date”).
The disclaimers, terms, and conditions in this Agreement are of general application and may be supplemented by additional policies, procedures, disclaimers, guidelines, rules, terms, and conditions of specific application that Lucky Orange discloses. If You are bound to more than one agreement with Lucky Orange with respect to the Service, and if those agreement terms vary, then the order of precedence is as follows: an agreement executed by Lucky Orange and You that expressly supersedes all other agreements, an electronic version of an agreement accepted pursuant to an amendment or formal written quote, and any other electronic agreement provided with the Service. Customer agrees that the Data Processing Agreement which is hereby incorporated into the Agreement in Exhibit A, forms an integral part of this Agreement and that customer has read and agrees to be bound by its terms.
The terms in this Section shall have the meanings described below, and other terms may be defined within the context of this Agreement.
"Attachment" means any Lucky Orange form detailing a software order, add-on licenses or additional services which are incorporated into and becomes a part of this Agreement. Depending on the service or software ordered, the amendment may be completed online. Examples of an Attachment includes, but is not limited to; a written order form, invoice, quote, statement of work, addendum, amendment or email confirmation. This Agreement shall govern unless the Attachment specifically references a particular Section name and number within this Agreement which is explicitly intended to be superseded by the terms therein.
"Customer Data" means any and all of your data and your User’s data, information, and materials that are uploaded, collected, or otherwise processed by or on behalf of You or that are accessed by Lucky Orange in connection with yours or your User’s use of the Service.
"Derived Data" means all data and information created, processed, or provided to You by Lucky Orange in performing the Service, or that result from the Customer, User or Visitor Data provided to Lucky Orange through the Service.
"Documentation" means any documentation distributed by Lucky Orange or its pertaining to the Service, including without limitation any accompanying or online user guides or technical information relating to the Service, User documentation, and technical data sheets in effect on the Effective Date, in each case, as may be updated or amended by or on behalf of Lucky Orange from time to time.
"Fees" means the subscription license fee and other fees set forth in this Agreement for the right to license and use the Service.
"Service" means the proprietary software, licensed products, services, including any updates, that Lucky Orange provides to Customer under the terms of the Agreement.
"Sensitive Data" includes payment card data or other financial account information, driver’s license numbers, birthdates, social security numbers, government-issued identifiers, passwords or other log-in credentials, racial or ethnic origin, political opinions.