Spectiv is a registered d/b/a of DecisionWise, LLC, a Utah limited liability company. These Spectiv Master Terms of Service (“Master Terms”) is a contract that governs our customers’ use of the Spectiv services. It consists of the following parts:
- Master Terms: This document contains the core legal and commercial terms that apply to your subscription, which also includes your Order Form.
- Data Processing Agreement (DPA): This explains how we process your data and includes the EU Standard Contractual Clauses.
- Acceptable Use Policy (AUP): This establishes what you can and can’t do while using our products and services.
Your Order Form (or “Order”) is the Spectiv-approved form created to document your purchase of one of our products or services through our purchasing process. It contains all the details about your purchase, including your subscription term, features and products purchased, and your fees. Your Order Form is subject to and accompanies these Master Terms. Your Order and these Master Terms are sometimes referred to as (“the Agreement”) in this document.
This is a legally binding contract. By using the Subscription Service or receiving Consulting Services, you are agreeing to these Master Terms. We update these Master Terms from time to time. If you have an active Spectiv subscription, we will let you know when we update these Master Terms.
“Add-Ons” means additional product enhancements (including limit increases, capacity packs, and other add-ons) that are made available for purchase and are listed in the ‘Add-Ons and Technical Limits’ section of our Products and Services Catalog.
“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 “Master Terms of Service” or “Master Terms” means these Spectiv Master Terms of Service and all materials referred or linked to in here, including your Order Form.
“Billing Period“ means the period for which you agree to prepay fees under an Order Form. This may be the same length as the Subscription Term specified in the Order Form, or it may be shorter. For example, if you subscribe to the Subscription Service for a one (1) year Subscription Term, with a twelve (12) month upfront payment, the Billing Period will be twelve (12) months.
“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. 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), telephone number, and similar information uploaded by you as you use the Subscription Service.
“Consulting Services“ means the professional services provided to you by us, which may include training services, installation, integration or other consulting services.
“Customer Data“ means all information that you submit or collect via the Subscription Service. Customer Data does not include Spectiv Content.
“Customer Materials“ means all materials that you provide or post, upload, input or submit for public display through the Subscription Service.
“DPA” means the Spectiv Data Processing Agreement at https://spectiv.com/legal.
“Free Services” means the Subscription Service or other products, or features made available by us to you on an unpaid trial or free basis.
“Order“ or “Order Form“ means the Spectiv-approved form or online subscription process by which you agree to subscribe to the Subscription Service and purchase Consulting Services.
“Personal Data” means any information relating to an identified or identifiable individual where such information is contained within Customer Data and is protected similarly as personal data or personally identifiable information under applicable Data Protection Laws (as defined in the DPA).
“Product and Services Catalog” means Spectiv’s Product and Services Catalog available at spectiv.com/services, as updated by us from time-to- time.
“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 Fee“ means the amount you pay for the Subscription Service.
“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://Spectiv.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-Spectiv apps available from, for example, our marketplaces, directories, and links made available through the Subscription Service and non-Spectiv services listed on spectiv.com/services.
“Third-Party Sites“ means third-party websites linked to from within the Subscription Service, including Communications Services.
“Total Committed Subscription Value” means the aggregate amount of Subscription Fees paid or payable to us during your then-current Subscription Term(s) for all of your Spectiv accounts, but this amount excludes fees for renewals, Consulting Services and applicable taxes.
“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.
“Spectiv“, “we”, “us” or “our” means DecisionWise, LLC, a Utah limited liability company, doing business as “Spectiv”.
“Spectiv 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.
“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.