For the purposes of this Agreement, the following capitalized terms will have the meanings set forth for each of them below:
“Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control with you, and that has been designated to receive Services under this Agreement. “Control” for purposes of this definition means the power to direct or cause the direction of the management and policies of the subject entity, whether through equity ownership, a credit arrangement, franchise agreement or other contractual arrangement. “Affiliate” also includes any of your business locations and any Franchisees that have been designated to receive Services under this Agreement.
“Aggregated Data” means anonymized, aggregated data derived by or through the operation of the Services that is created by or on behalf of WSC and that does not reveal any personally identifying information.
“API” means WSC’s application programming interface that is described at https://strongcubefitness.com (or such other URL as specified by WSC), as may be updated by WSC from time to time, and any subsequent application programming interfaces that are developed and made available by WSC to interact with or otherwise be used in connection with the Services.
“Apps” means any mobile or other applications through which WSC makes our Services available. “Apps” excludes any WSC App.
“Cardholder Data” means credit card numbers, expiration dates, billing addresses, and cardholder names as entered by End Users and you. Cardholder Data is a subset of End User Data.
"Confidential Information" means (a) any software utilized by WSC in the provision of the Services and its respective source code; (b) each Party’s business or technical information, including but not limited to the Documentation, information relating to software plans, designs, costs, prices and names, business opportunities, personnel, research, development or know-how that is designated by the disclosing Party as “confidential” or “proprietary” or the receiving Party knows or should reasonably know is confidential or proprietary; and (c) any special pricing or other non-standard terms agreed to by the Parties in an Order Form or other separate written document.
“Documentation" means WSC’s online user guides, documentation, and help and training materials, as may be updated by WSC from time to time, accessible at strongcubedfitness.com, and any other materials provided by WSC as part of the Services.
“End User” means a business or individual that schedules or purchases products or services from you through the Services or otherwise interacts with you through the Services.
“End User Data” means all data, information or other material about an End User that you, an Affiliate or End User provides or submits to the Services. End User Data may include Cardholder Data and such portions of Your Data that relates to specific End Users.
“Franchisee” means any party that is bound by a franchise agreement with you, and that you have designated to receive Services under this Agreement. Franchisees are bound by the terms of this Agreement as if they were an original party hereto.
“HIPAA” means the Health Insurance Portability and Accountability Act, as amended and supplemented.
“WSC Marketing Platform” means WSC’s online marketing platform, which allows consumers to locate WSC subscribers and evaluate, review and book their services, directly through any WSC App and through our partner applications.
“WSC App” means the consumer-facing, downloadable mobile app made available by WSC and known as the “WSC App” (and its successor products), which allows consumers to use their mobile devices to find, book and pay for the services of participating WSC subscribing businesses.
“Order Form” means a separate ordering document, invoice or other documentation that specifies the Services purchased hereunder, the applicable fees, and other terms as agreed to between the Parties. If an Order Form indicates that any Affiliates or Franchisees will be receiving Services hereunder, each of them will be bound by the terms of this Agreement as if they were an original party hereto.
“PCI DSS” means the requirements of the Payment Card Industry Data Security Standard, as detailed on https://www.pcisecuritystandards.org/, and as may be updated from time to time.
“Services” means the Software Services, the Website and the Apps. “Services” excludes Third Party Offerings and any WSC App.
“Coaching Service” is defined in the Introduction.
“Third Party Offerings” means any third party products, applications, websites, implementations or services, including loyalty programs, that the Services link to, or that interoperate with or are used in conjunction with the Services.
“Website” means strongcubedfitness.com and any other websites through which WSC makes the Software Service available.
“Your Data” means any data, information or material provided or submitted by you and Affiliates to the Services. Your Data may include End User Data and Cardholder Data, but excludes Aggregated Data.