ARTICLE I—DEFINITIONS
Section 1.1—Defined Terms.
As used in this Agreement, the following terms shall have the meanings set forth below:
(a) “Affiliate” means, with respect to any Person, any other Person that directly or indirectly Controls, is Controlled by, or is under common Control with such Person.
(b) “Agreement” has the meaning set forth in the preamble.
(c) “Applicable Law” means all applicable federal, state, local, and foreign laws, statutes, ordinances, regulations, rules, orders, judgments, decrees, and other requirements of any Governmental Authority.
(d) “Arbitration Rules” means the Consumer Arbitration Rules of the American Arbitration Association then in effect.
(e) “Authorized Purpose” means the use of the Service solely for analyzing communications to identify potential scam or fraud indicators for personal, non-commercial, informational purposes.
(f) “Business Day” means any day other than a Saturday, Sunday, or a day on which banks are authorized or required to be closed in the State of Delaware.
(g) “Claims” means any and all claims, demands, actions, causes of action, suits, proceedings, investigations, audits, assessments, judgments, awards, damages, liabilities, losses, costs, and expenses (including reasonable attorneys' fees and expert witness fees).
(h) “Company” means Blue Horizons Technologies LLC, a Wyoming limited liability company, and its successors and permitted assigns.
(i) “Company Parties” means the Company and its Affiliates, and their respective officers, directors, managers, members, shareholders, employees, agents, representatives, licensors, service providers, contractors, successors, and assigns.
(j) “Confidential Information” means any non-public information concerning the Service, including without limitation: (i) algorithms, detection methodologies, scoring mechanisms, and rule sets; (ii) software, source code, and technical specifications; (iii) business plans, strategies, and financial information; (iv) user metrics and analytics; and (v) any information designated as confidential.
(k) “Content” means any text, messages, images, files, data, or other materials submitted by User to the Service for analysis.
(l) “Control” means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of a Person, whether through ownership of voting securities, by contract, or otherwise.
(m) “Dispute” has the meaning set forth in Section 15.1.
(n) “Effective Date” means the date User first accesses or uses the Service.
(o) “Fees” means any fees, charges, or payments due to the Company for access to or use of the Service.
(p) “Force Majeure Event” means any event beyond the reasonable control of a party, including without limitation: acts of God; natural disasters; war; terrorism; riots; civil unrest; embargoes; acts of governmental authorities; fire; floods; earthquakes; epidemics; pandemics; labor disputes; power failures; internet or telecommunications failures; and cyberattacks.
(q) “Governmental Authority” means any federal, state, local, municipal, foreign, or other government or governmental or quasi-governmental authority of any nature, including any governmental agency, branch, department, commission, board, bureau, or instrumentality.
(r) “Intellectual Property Rights” means all intellectual property rights, including without limitation: patents; copyrights; trademarks; service marks; trade dress; trade names; trade secrets; know-how; inventions; algorithms; methodologies; processes; techniques; software; databases; and all applications, registrations, renewals, and extensions thereof.
(s) “Losses” means any and all Claims, damages, liabilities, deficiencies, judgments, settlements, interest, awards, penalties, fines, costs, and expenses (including reasonable attorneys' fees, expert witness fees, and costs of investigation, litigation, settlement, judgment, and appeal).
(t) “Payment Processor” means Stripe, Inc., or any successor payment processing service provider designated by the Company.
(u) “Person” means any individual, corporation, partnership, limited liability company, joint venture, trust, association, unincorporated organization, Governmental Authority, or other entity.
(v) “Privacy Policy” means the Company's privacy policy, as amended from time to time, available at zeroscam.io/privacy.
(w) “Prohibited Conduct” has the meaning set forth in Section 4.2.
(x) “Security Violations” has the meaning set forth in Section 5.1.
(y) “Service” means the ZeroScam™ scam detection and analysis platform, including all features, tools, functionalities, interfaces, software, and documentation, as modified, updated, or enhanced from time to time.
(z) “Subscription” means a recurring payment arrangement for access to premium features of the Service.
(aa) “Subscription Period” means the applicable billing period for a Subscription (e.g., monthly or annual).
(bb) “Term” has the meaning set forth in Section 16.1.
(cc) “Threat Intelligence” means indicators, patterns, signatures, and data derived from detected malicious activity, which may be retained by the Company for defensive and detection purposes.
(dd) “User” means the individual or entity accessing or using the Service.
(ee) “User Data” means any data collected by the Company in connection with User's access to or use of the Service, as described in the Privacy Policy.