Definitions

Latest update: March 10, 2024

Administrator

Administrator” means a User with privileged rights to manage a Team, Business, or Enterprise subscription plan.

Beta Services

Beta Services” means a product, service, or functionality provided by Draft that may be made available to you to try at your option at no additional charge and which is clearly designated as “beta”, “pilot”, “limited release”, “non-production”, “early access”, “evaluation” or by a similar description.

Business Partner

Business Partner” means a third-party legal entity that can resell the right to use the Service under its specific terms.

Contract

Contract” means all of the following contractual documents: (i) the Terms & Conditions, (ii) the definitions, (iii) the Data Processing Agreement, and if applicable, (iv) the associated Order. These documents are provided in an electronic version (i) when taking out a Subscription and creating a Draft.io Account; (ii) at any time when accessing the Draft.io Account if this functionality exists; and (iii) on written request from the Customer and/or User.

Customer

Customer” means an individual or a legal entity that pays a fee to use an unlimited version of the Service.

Direct Customer

Direct Customer” means a Customer that deals directly with Draft.

Draft.io Account

Draft.io Account” means the User’s account that is made available via the Platform thanks to its Login. A Draft.io Account can be provided to you either through your company or following your own creation.

EEA

EEA means the European Economic Area.

Force Majeure Event

Force Majeure Event” means any event caused by circumstances beyond the reasonable control of Draft, including but not limited to an act of God, act of government, flood, fire, earthquake, civil unrest, act of terror, strike, or other labor problem (other than one involving the employees of Draft), Internet service provider failure or delay, Draft’s hosting provider failure or delay, or acts undertaken by third parties, including without limitation, denial of service attack.

GDPR

GDPR” means the General Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC. The terms “Commission”, “Controller”, “Data Subject”, “Member State”, “Personal Data”, “Personal Data Breach”, “Processing,” “Processor,” and “Supervisory Authority” shall have the same meaning as in the GDPR and their cognate terms shall be construed accordingly.

Incident

Incident” means an error or abnormal behavior of the Service.

Indirect Customer

Indirect Customer” means a Customer that deals with Draft through a Business Partner.

Login

Login” means usernames, passwords, and other credentials or Your identity provider (for example, Single Sign-On) enabling access to the Service through a Draft.io Account.

Malicious Software

Malicious Software” has the meaning given in section 5 of the T&Cs.

Notification

Notification” has the meaning given in section 4.6 of the T&Cs.

Performance Warranty

Performance Warranty” has the meaning given in section 9.1 of the T&Cs.

Platform

Platform” means the web application published by Draft in order to provide the Service, available at https://draft.io/ or any successor website.

Order

Order” means any Draft-provided ordering document, online registration, order description, or order confirmation referencing the T&Cs.

Service

Service(s)” means the services (whether provided for free or on a paid basis) that are provided by Draft to you from your Draft.io Account and described in the article “Description of the Service” in these T&Cs.

Service Data

Service Data” means electronic data, text, messages, communications, or other materials submitted to and stored within a Service by you in connection with your use of such Service, which may include, without limitation, personal data. Service Data are sent at your request to the Service, especially by direct data input into the Service, by import through the Service, or directly generated as a result of your use of the Service.

Subprocessor

Subprocessor” means any entity appointed by or on behalf of the Processor to process Personal Data on behalf of the Customer in connection with the Data Processing Agreement.

Subscription

Subscription” means a subscription to the Service.

Subscription Term

Subscription Term” means the term for the Customer’s use of the Service as identified in an Order or invoice.

Support

Support” means support provided by Draft to Users or Clients for using the Service appropriately or fixing issues that may prevent Users or Clients from doing so.

Support Services Warranty

Support Services Warranty” has the meaning given in section 9.1 of the T&Cs.

T&Cs

T&Cs” refer to the terms and conditions.

User

User” means any individual using the Service with or without a Draft.io Account.

User Content

User Content” means all content within the meaning of Article 6-III of the French law n°2004-575 dated June 21, 2004, for the confidence in the digital economy, created by the User in the context of the use of the Service and which is accessible to other users through the Platform.

Website

Website” means the showcase website https://draft.io/ operated by Draft. 

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