Terms of service and data processing agreement (dpa) — Piano Analytics

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Facts read from this source

• Contracting entities Report an error

  “The relevant Piano Entity shall be specified in the Software Schedule and/or order form between Client and Piano. This may be: Piano Software, Inc. located at 111 S Independence Mall E, Philadelphia PA 19106; Piano Software Norway located at Drammensveien 165 0277, Oslo, Norway; Applied Technologies Internet SAS located at 85 avenue Président JF Kennedy 33700 Merignanc France; Piano Software GmbH located at Mehringdamm 55, 10961 Berlin, Germany”

• DPA required Report an error

  “the Parties shall conclude a Data Processing Agreement (“DPA”) pursuant to GDPR Article 28, and the applicable DPA (depending on the relevant Piano entity as set forth in a Schedule and the Services purchased by Client) is listed as an Exhibit below”

• Payment terms Report an error

  “Unless otherwise stated in a Schedule, Client will pay all undisputed amounts within thirty (30) days of the date of the applicable invoice.”

• Late fee Report an error

  “Late payments by Client will be subject to late fees at the rate of one and one-half percent (1.5%) per month, or, if lower, the maximum rate allowed by law, determined and compounded daily from the invoice due date until such invoice is paid in full.”

• Currency Report an error

  “All fees shall be payable in USD unless another currency is specified in the applicable Schedule.”

• Refund policy Report an error

  “(i) fees are payable based on Software or Services purchased and not actual usage, (ii) payment obligations are non-cancelable and, except as expressly provided herein, fees paid are non-refundable, and (iii) the agreed fee amount cannot be decreased during the relevant term stated in a Schedule.”

• Annual increase Report an error

  “Piano shall increase the fee on a per-unit pricing basis by the greater of: (i) seven percent (7%); or (ii) a percentage equal to the increase for the prior 12-month period, or the prior period of the same duration as the Initial Term as defined in a Schedule, if longer than 12-months, in the CPI - All Urban Consumers (U.S. All Items) or successor series”

• Taxes excluded Report an error

  “Fees charged to Client hereunder do not include any local, state, federal or foreign taxes, levies or duties of any nature, including value-added, sales use or withholding taxes ("Taxes"). Client is responsible for paying all Taxes, excluding only taxes based on Piano's income.”

• Software modules Report an error

  “Software may include but is not limited to: Software Modules Piano Analytics PA Piano Amplifier Socialflow ESP Piano Audience Insight DMP CDP Long Term Storage Piano Activation Composer Subscription Orchestration ID”

• Services scope Report an error

  “Piano agrees to provide Client with content monetization services on a hosted basis, using Piano’s software as a service platform”

• Translations Report an error

  “Piano provides translations of its administrative dashboard and End-User Communications for Client’s benefit in English, German, French, Spanish, and Portuguese, but makes no warranty regarding the accuracy or suitability of those translations.”

• Beta services Report an error

  “Beta Services are intended for evaluation purposes only and not for production use, are not supported, and may be subject to additional terms. Beta Services are specifically excluded from the Service Level Agreement located at https://www.piano.io/legal/sla.”

• Ip ownership deliverables Report an error

  “Client shall own the entire right, title and interest in any Deliverables. Piano agrees to assign and hereby assigns, all right, title and interest it may have in any Deliverables to Client.”

• Return on termination Report an error

  “Upon Client’s request made within thirty (30) days after the effective date of termination of this Agreement or any Schedule, Piano will make available to Client for download a file of Client Data. After such thirty (30) day period, Piano shall have no obligation to maintain or provide any of Client’s Data”

• Termination for breach Report an error

  “Either party may terminate this Agreement or any Schedule upon written notice of termination if the other party: (1) defaults in the performance of any material requirement or obligation created by this Agreement, or breaches any material provision of this Agreement, which default or breach is not cured within thirty (30) days following the defaulting party’s receipt of written notice of default or breach”

• Refund on termination Report an error

  “For any termination of a Schedule or this Agreement, other than termination by Piano for Client’s breach, Client shall receive a refund from Piano of any prepaid and unused payments as of the effective date of termination.”

• Subscription orchestration terms Report an error

  “Where Client has purchased a subscription to Piano Activation's subscription platform, the use thereof shall be subject to Piano's Subscription Orchestration Terms located at https://www.piano.io/legal/subscription-orchestration-terms.”

• Acceptable use policy Report an error

  “Client will be responsible for compliance with the Acceptable Use Policy (https://piano.io/aup)”

• DPA conflict precedence Report an error

  “Piano shall adhere to the DPA attached in Exhibit(s) A hereto and made a part hereof. If and to the extent of an express and direct conflict between the terms of this Section 4(b) and the DPA in Exhibit A, the terms of the DPA shall apply.”

• Order of precedence Report an error

  “(i) the Software Schedule, (ii) the Schedules, (iii) the Agreement, and (iv) any other document which is incorporated into this agreement by reference.”

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