1.1 Defined Terms
“Call” means a voice or voice & video conversation using the SendBird Services (defined below).
“Call Data” means the data related to a Call such as Call history, Call transaction dates, and other Call metadata, but in no event shall Call Data include Personal Data or the actual transcript or recording of a Call.
“Chat Monthly Active User” or “Chat MAU” means any user that has connected through the SendBird Services at least once within a calendar month or access to a user account via an API (Application Programming Interface) call at least once within a calendar month.
“Customer Data” means data or content contained in the Messages or data streams published by Customer or its users to the SendBird Services and any Call Data.
“Customer Products” means any websites, applications, or other technology used to interface with the SendBird Platform, accessible to End Users which are owned and operated by the Customer or at the direction of the Customer or under license from the Customer.
“Customer Service” means the features, products, and services that Customer makes available on or through the Customer Products.
“End User Data” means any data or information of any End User that is provided to or obtained by any Party in the performance of its obligations under this Agreement, including but not limited to, all lists of End Users, former End Users, and all information relating to and identified with such End Users.
“End User” means any subscriber, person or entity that uses the SendBird Services through the Customer Products to access, use, interact with, view or otherwise consume a Customer Service.
“Fees” means the amounts in US Dollars that Customer is obligated to pay SendBird for the provision of the SendBird Services.
“Intellectual Property Rights” means all (i) copyrights (including, without limitation, the right to reproduce, distribute copies of, display and perform the copyrighted work and to prepare derivative works), copyright registrations and applications, trademark rights (including, without limitation, registrations and applications), patent rights, trade names, mask-work rights, trade secrets, moral rights, author’s rights, privacy rights, publicity rights, algorithms, rights in packaging, goodwill and other proprietary rights, and all renewals and extensions thereof, regardless of whether any of such rights arise under the laws of the United States or any other state, country or jurisdiction; (ii) intangible legal rights or interests evidenced by or embodied in any idea, design, concept, technique, invention, discovery, enhancement or improvement, regardless of patentability, but including patents, patent applications, trade secrets, and know-how; and (iii) all derivatives of any of the foregoing.
“Message” means data originating from or destined for delivery to an End User participating in a stream of communication such as (but not limited to) a conversation, chat room or comment thread that is sent or received through the SendBird Services.
“Metadata” means the data and information about the Customer Data and Call Data, objects and processes and data structure such as tables, fields, data types, indexes, etc., including without limitation the definition of the data model and the method of display in the system or user interface along with the reports, schedules, file size CPU time disk reads, disk writes, and rows processed. By definition, Metadata does not contain Personal Data.
“Order Form(s)” means the form evidencing an order for the SendBird Platform and SendBird Services submitted online or in written or electronic form, specifying, among other things, the Effective Date, the applicable Fees, the billing period, and other charges, each such Order Form is automatically incorporated into and becomes a part of this Agreement.
“SendBird Dashboard” means the section of the SendBird website to which access is restricted, allowing the Customer to configure account settings, access and view information about their Usage of the SendBird Services.
“SendBird Platform” means SendBird’s communications platform, also known as the SendBird Cloud, used by SendBird to provide the SendBird Services, for the transmission of text, rich messages, voice, video and other data (in website, application, and other formats), including the SendBird Software and any APIs to such platform.
“SendBird Proprietary Materials” means (i) SendBird Services, SendBird’s SDK’s, API’s and Services Documentation; (ii) any content (other than Customer Service or Customer Products or any derivative works thereof) embodied in or used in connection with the implementation, operation, maintenance, or hosting of the SendBird Services; and (iii) all Intellectual Property Rights embodied therein and all derivative works, improvements, updates, modifications, or translations thereof.
“SendBird Services” means SendBird’s services provided under this Agreement.
“Service Period” means a calendar month.
“Services Documentation” means collectively, written guides and guidelines that describe the SendBird Services, the operating instructions, getting started guides, user manuals, and help files, in written or electronic form, made available to Customer by download or on SendBird’s website, and that are intended for use in connection with the SendBird Services.
“SLA” means the service level agreement signed between SendBird and the customer.
“Software”” means the hosted software solution called SENDBIRD that is intended to provide a whole-stack chat & messaging feature for applications and delivered to Customer hereunder.
“Support” means SendBird’s technical support provided to its Customers described at sendbird.com/pricing, as such may be updated from time to time.
“Telephone Consumer Protection Act” or “TCPA” means the Telephone Consumer Protection Act of 1991 (TCPA).
“Trademarks” means all common law or registered trademark, service mark, trade name and trade dress rights and similar or related rights arising under any of the laws of the United States or any other country or jurisdiction, whether now existing or hereafter adopted or acquired.
“Usage” means the volume of data, number of Chat Monthly Active Users the Customer has processed or registered through the SendBird Service and the volume of data stored in the SendBird Cloud during a Service Period.