1. Applicability and Acceptance of these Terms of Services
1.1. These terms of service (hereafter, the “Terms of Service”) are applicable to the use of the Platform and, if applicable, to all Orders placed by the Client via the subscription page. Any (general or special) terms and conditions of the Client are not applicable and are hereby expressly excluded.
1.2. Capitalized terms used throughout these Terms shall have the meaning given to them in clause 20.
1.3. These Terms of Service are a part of the Agreement between Hallar and the Client. By accepting the Terms of Service, either by clicking a box indicating acceptance or otherwise using the Platform, the Client acknowledge(s) having read and accepted the Terms of Service and agrees to be bound by them. The Terms of Service will be made available to the Client, at least before the conclusion of the Agreement, in a manner that will allow the Client to save the Terms on a durable electronic data carrier. If the Client is a legal entity and several end users are provided access to the Platform on the Client’s behalf, the Client undertakes that each end users shall comply with these Terms of Service.
1.4. If you are an employee (or contractor) of the Client accepting these Terms of Services on behalf of the Client, you represent and warrant that (i) you have full legal authority to bind the Client to this these Terms of Service; (ii) you have read and understand the Terms of Service; and (iii) you agree on behalf of the Client to the Terms of Service.
1.5. With the exception of clauses 11, 12 and such other clauses that do not apply given their context, these Terms of Service shall also apply to end users accessing the Platform on behalf of a Client that is a legal entity, in which case such end users must, for the purposes of these Term of Service, be regarded as a “Client”.
2. License Grant
2.1. Subject to the terms of the Agreement and, if the Client has opted for a payable subscription, subject to the payment of the relevant Subscription Fees, Hallar grants the Client, a personal, revocable, restricted, non-exclusive, non-transferable and non-sublicensable license to, access and use the Platform and Documentation, during the Subscription Period for its internal (business) purposes, in accordance with the Documentation and for the scope detailed in the applicable Subscription Plan. For the avoidance of doubt, the foregoing license does not include the license to access any software code (including object code, intermediate code and source code) of the Platform.
2.2. If the Client is a legal entity, the license pursuant to clause 2.1 includes the right to grant end users access to the Platform on behalf of the Client in accordance with and subject to these Terms of Service. The amount of end users accessing the Platform on behalf of the Client is limited to the amount of end users corresponding to the applicable Subscription Plan and/or as further specified in the Order.
2.3. The extent of the License granted hereunder is restricted to the scope expressly set forth herein, and there are no implied licenses under the Agreement. Hallar reserves any right not expressly granted to the Client hereunder.
2.4. Unless to the extent expressly permitted by the Agreement or mandatory law, the Client shall not, either directly or indirectly (including, without limitation, through the actions of any affiliate, agent, subcontractor, end user or, in general, any third party):
a) use the Platform other than in accordance with the Agreement and the Platform’s intended purposes;
b) sell, rent, sublicense, lease, distribute, transfer, provide, disclose the Documentation or the Client’s rights to use the Platform;
c) permit access to (or use of) the Platform or Documentation to any third party or otherwise use the Platform on a “service bureau basis”;
d) adapt, alter, translate or modify the Platform or Documentation in any manner;
e) (attempt to) access, decompile, reverse engineer, disassemble, or otherwise derive or determine the software code (including the source code) or the underlying ideas, algorithms, structure or organization of the Platform;
f) alter, remove, or obscure any copyright notice, digital watermarks, proprietary legends or other notice(s) incorporated in the Platform or Documentation;
g) intentionally distribute any virus, or other items of a destructive or deceptive nature via the Platform;
h) use the Platform for any unlawful, illegal invasive, infringing, defamatory or fraudulent purpose or activity; or
i) remove or in any manner circumvent any technical or other protective measures in the Platform or Documentation.
3. User Accounts
3.1. Certain functionalities of the Platform can only be used upon registration of a user account. If the Client is a legal entity, a user account must be created for each end user accessing the Platform, in accordance with the then-current registration process, as may be amended from time to time.
3.2. The Client acknowledges and agrees that each user account is personal and that the login details (such as username and password) may not be shared with third parties.
3.3. If the Client has reasons to believe that its account details (or, if applicable, the account details of an end user) have been obtained by non-authorized persons, it shall contact Hallar immediately to suspend the user account.
3.4. Hallar reserves the right to suspend or terminate any user account that acts in violation of the Terms of Service.
4. Use Restrictions
4.1. While using the Platform, the Client shall not (and, if applicable, procures that the end users shall not), directly or indirectly:
a) use the Platform in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the Terms of Service;
b) act fraudulently or maliciously (for example, by hacking into the Platform or inserting malicious code, such as viruses or harmful data, into the Platform or any operating system);
c) use the Platform to distribute any form of spam or unwanted commercial and non-commercial information;
d) violate privacy and data protection rights of other users or try to collect personal data of other users either manually or automatically by using a ‘robot’, ‘spider’, ‘crawler’, search or retrieval applications, or by using any other (automatic) tools, processes or methods to access the Platform and any data or information;
e) use the Platform in a way that could damage, disable, overburden, impair or compromise Hallar’s systems or security or interfere with other users;
f) collect or harvest any information or data from the Platform or Hallar’s systems or attempt to decipher any transmissions to or from the servers running the Platform;
g) impersonate as another person or entity;
h) try to access an account from another person;
i) distribute fake information via the Platform;
j) transmit any information or data that can be regarded as offensive, disrespectful, insulting, defamatory, threatening, obscene, racist, sexual or otherwise objectionable.
5. Platform Content
5.1. Via the Platform, the Client shall receive access to information, dashboards, data visualizations and other content (hereafter, “Platform Content”). The Client shall use (and, if applicable, procures that each end user shall use) the Platform Content only for the purposes permitted by the Terms of Service and any applicable laws, regulations and generally accepted online practices.
5.2. The Client acknowledges that some Platform Content may be provided by third parties and that Hallar assumes no responsibility for such third-party Platform Content (including, but not limited with regard to its relevance, accuracy, legality, decency, quality or completeness )
5.3. All Platform Content available on the Platform is provided for general information only and its relevance or accuracy may differ depending on the exact situation, context and applicable Subscription Plan. It is not intended to amount to advice (whether financial or of other nature) on which the Client (or, if applicable, the end users) should rely. The Client is advised to obtain professional or specialist advice before taking, or refraining from any action on the basis of the Platform Content. The Client (and, if applicable, each end user) shall bear full responsibility for the use, interpretation or implementation of the Platform Content and Hallar cannot be held liable for any damage suffered by the Client (or, if applicable, the end users) as a result thereof.
5.4. Hallar neither represents, nor warrants that Platform Content will be available at all times and cannot necessarily confirm availability. Platform Content may be updated, replaced and/or complemented from time to time, at Hallar’s sole discretion.
5.5. The Client acknowledges that some Platform Content may be protected by copyright or other intellectual property rights, and the Client shall (and procures that each end user shall) refrain from copying, distributing or otherwise using such Platform Content unless it has obtained the permission of the relevant owner of the copyright or intellectual property rights.
6. End User Content
6.1. The Platform may allow the Client to (i) upload, create and/or publish its own content, information and dashboards related to specific projects managed by the Client (hereafter, “Project Content”) and (ii) to create and if preferred publish visualizations and dashboards derived from Platform Content (hereafter, “Derived Content”) in the Platform (hereafter together, “End User Content”). In such case, the Client grants Hallar a non-exclusive, royalty-free, worldwide, sublicensable, transferable license to use, copy, store, publish, distribute, modify and transmit the End User Content to operate and commercialize the Platform and to make such End User Content available to other users of the Platform.
6.2. The Client remains solely responsible for the End User Content it uploads, creates and/or publishes in the Platform and the Client represents and warrants that it owns all rights or has obtained all necessary licenses to upload and/or publish the End User Content in the Platform.
6.3. The Client is not allowed to store or transmit any End User Content that is harassing, libelous, threatening, obscene, indecent, criminal, deceptive, fraudulent, illegal, unlawful, invasive of others privacy or that would violate Intellectual Property Rights of third parties, or that would adversely or negatively affect or reflect Hallar’s name, reputation or goodwill.
6.4. Hallar reserves the right to immediately remove or block End User Content that violates clause 6.3.
6.5. The Client expressly recognizes and agrees that all Project Content shall become publicly available on the Platform, and may be shared by itself and/or any end users on third-party websites and applications. Derived Content shall only become public in the event the Client has opted to publish such Derived Content (in whole or in part) on the Platform and/or any third party websites and applications.
7. Links to other Websites and Applications
7.1. The Platform may contain links to other third-party websites or applications. These links are provided for the Client’s information only.
7.2. Hallar has no control over third-party websites or applications and assumes no responsibility for such third-party websites or applications (including but not limited to, with regard to its content, accuracy, completeness, legality, decency, or quality), and disclaims any liability for any and all forms of loss or damage arising out of their usage.
8. Hosting and Availability
8.1. The Client acknowledge(s) that the Platform shall be hosted in the data centers of a third-party hosting provider and that such hosting services are governed by the applicable (third-party) terms and conditions, which may be modified from time to time by the hosting provider. Hallar does not assume responsibility for the hosting services provided by the third-party hosting provider and shall not be responsible for any non-availability of the Platform to the extent due to the hosting provider.
8.2. Hallar does not warrant that the Platform shall be available on an uninterrupted basis, however, it shall, to the best of its abilities, try to ensure the undisturbed usage of the Platform. The Client agree(s) that the Platform may be unavailable during periods of maintenance undertaken by Hallar or the hosting partner.
9. Services and Support
9.1. The Client may request and Hallar may, in its sole discretion, agree to provide professional services in relation to the Platform. In such case, the Client and Hallar shall mutually agree in writing on the scope, costs and other conditions of such services.
9.2. Unless expressly agreed otherwise, any support services in relation to the Platform are provided during business hours and on a best efforts basis only. The Client (or an end user on its behalf) may notify a problem to Hallar and Hallar shall try to provide a resolution or workaround as soon as commercially possible, but Hallar makes no warranty whatsoever to provide a resolution or workaround for each specific problem that could arise.
10. Maintenance and Changes
10.1. The Client acknowledges that in order to ensure a correct functioning of the Platform, maintenance services are needed from time to time. Hallar shall carry out such maintenance services at its sole discretion and shall use all reasonable endeavors to minimize the impact on the Client. Where practicable, Hallar shall give prior notice to the Client of scheduled maintenance that is likely to affect the availability of the Platform or is likely to have a material negative impact upon the Platform.
10.2. Hallar reserves the right to make operational or technical changes and updates to the Platform, and to modify, add or remove certain functionalities from time to time, without prior notification to the Client, provided that Hallar shall not change any material functionalities of the Platform without prior notification to the Client.
11. Financial Conditions
11.1. The provisions of this clause 11 shall apply if the Client has opted for a payable Subscription Plan.
11.2. The Client shall pay the applicable Subscription Fee in the amounts and times set forth in the Order.
11.3. Unless specified otherwise, the Subscription Fees are payable in advance and all payments shall be made automatically via credit card (by using the online payment provider used by Hallar) on the commencement date of the Client’s Subscription Period and on each subsequent renewal date of the Subscription Period pursuant to clause 18.
11.4. Unless payment is done automatically via credit card, each invoice issued by Hallar must be paid within thirty (30) days following the date of the invoice. If the Client disputes an invoice, it must notify Hallar thereof (including the reasons for its dispute) within ten (10) days following the invoice date (failure of which shall result in the invoice being irrevocably deemed accepted by the Client).
11.5. All prices are inclusive of VAT and all other taxes (if any). All invoices and/or Orders shall indicate which part/percentage of the prices are compounded of VAT and taxes.
11.6. All amounts payable to Hallar hereunder shall be paid without the right to set off or counterclaim.
11.7. In the event of no or late payment by the Client, Hallar reserves the right to, at its own discretion: a) suspend any of its obligations under the Agreement (including, but not limited to, suspending the Client’s access to the Platform) until full payment of the amounts due has been received; b) charge a late payment interest of 1,5% or the maximum permitted by applicable law, which shall be compounded daily from the due date until full payment of the outstanding amount; and/or c) charge a lump sum of 10% of the unpaid amounts (with a minimum of forty (40) euros).
11.8. In case of late payment or non-payment, all amounts which are outstanding but are not yet due by the Client, become immediately due and payable.
11.9. Except if the Client is a Consumer and has executed its right to withdrawal in accordance with clause 12, any upfront payments made hereunder are final and non-refundable. If the Client wishes to upgrade its Subscription Plan before the end of the then current Subscription Period, Hallar will make an appropriate adjustment of the Subscription Fees on a pro-rata basis for the period until the end of then-current Subscription Period and an invoice will be generated for the pro-rata amount in accordance with the then current prices. Renewals of a Subscription Period shall be prolonged in accordance with the then current Subscription Plan.
12. Right to Withdraw
12.1. This clause 12 shall only apply if the Client is a Consumer.
12.2. The Client has a legal right to withdraw its subscription to the Platform within fourteen (14) days after the purchase of the subscription, without having to provide a reason for the withdrawal.
12.3. In case the Client decides to withdraw its subscription, the Client must notify Hallar thereof within fourteen (14) days after the purchase of the subscription by stating unambiguously that it wishes to withdraw its subscription or by filling out the model form of withdrawal in Annex 1 to these Terms and by sending this form to: email@example.com
12.4. The Client’s withdrawal right ceases to exist at the moment the Client requests Hallar to provide the Client access to the Platform and acknowledges that it thereby loses its right of withdrawal.
12.5. In case of withdrawal, Hallar shall refund the amounts already paid by the Client for the withdrawn Subscription Plan within fourteen (14) days after obtaining the notification of withdrawal.
13.1. The Client understands that Hallar may disclose confidential and/or proprietary materials relating to its business, or that such information may be available to the Client (hereinafter referred to as “Confidential Information”). The Client hereby undertakes to keep the Confidential Information secret and not disclose it, in whole or in part, to any person other than (i) with the prior written consent of Hallar, or (ii) its employees, directors, subcontractors and consultants who have a direct need to know such Confidential Information for the sole purposes of the Terms of Service. The Client shall ensure that these persons are bound by confidentiality obligations which are not less stringent than those set out in these Terms of Service.
13.2. The provisions of this clause 13 shall not apply to any secret or information which: (i) is published or comes into the public domain other than by a breach of these Terms of Services, (ii) can be shown to have been known by the Client before disclosure by the Hallar, (iii) is lawfully obtained from a third party, (iv) can be shown to have been created by the Client independently of the disclosure under these Term, or (v) is required to be disclosed by any law or regulation or by any judicial or governmental order or request.
13.3. The provisions of this clause 13 shall continue in force during five (5) years following the termination of the Agreement.
14.1. Hallar (or its licensors) shall at all times retain all titles, interests and rights, including but not limited to any Intellectual Property Rights (IPR) in and to the Platform, Documentation and related services (including any amendments, improvements, modifications or derivative works thereof).
14.2. Except for the limited license granted pursuant to clause 2, no other rights in respect of Hallar’s intellectual property rights shall be granted or transferred to the Client and/or end user in connection with these Terms.
15.1. Subject to the maximum extent permitted by mandatory law, Hallar’s aggregate liability arising out of or in connection with these Terms, the Client’s and/or end-user’s use of Platform and/or related services, whether in contract, warranty, tort or otherwise, shall, per event (or series of related events) and in the aggregate per Subscription Period, not exceed the higher of the following two amounts: (i) EUR one hundred (€100); or (ii) the amount equal to the Subscription Fees paid by the Client under the Agreement during the Subscription Period wherein the event giving rise to the liability claim occurred.
15.2. Subject to the maximum extent permitted by mandatory law, in no event shall Hallar be liable for any indirect damage and/or consequential damage, such as but not limited to loss of profits, loss of income, loss of anticipated savings, loss of opportunity, loss of clients, claims of customers or other third parties, damage as a result of loss and/or corruption of data, loss of goodwill and reputational damage.
15.3. Nothing in these Terms shall limit or exclude Hallar’s liability resulting from (i) its gross negligence, (ii) its willful misconduct; (iii) any fraud committed by Hallar; and/or (iii) death or personal injury.
16.1. Unless otherwise agreed upon by Hallar in writing and subject to applicable mandatory law, Hallar makes no representations or warranties regarding the condition or functionality of the Platform or any part thereof, its suitability for use, or that the Platform and/or the Platform Content will be uninterrupted or error-free. Without limiting the foregoing and subject to applicable mandatory law, the Platform, Platform Content and any information or content relating thereto is provided "as is" without warranty of any kind, either expressed or implied, including, but not limited to the implied warranties of accuracy or completeness of data, merchantability, fitness for a particular purpose or non-infringement.
17. Privacy and Data Protection
17.1. Each Party shall comply with the Data Protection Legislation.
18. Term and Termination
18.1. Each subscription shall commence on the date of the Order (except in the event clause 19 applies) and shall continue for the Subscription Period. Upon expiration of the Subscription Period, each subscription shall renew automatically for a duration equal to the then current Subscription Period, unless either Party has notified its intention not to renew the subscription the last day of the then current Subscription Period at the latest.
18.2. Either Party may terminate the Agreement, by written notice to the other Party if the other Party (i) materially breaches these provisions of the Agreement and fails to cure such breach within thirty (30) calendar days for yearly subscriptions and within fifteen (15) days for monthly subscriptions from receipt of a default notice, or (ii) becomes the subject of a voluntary or involuntary bankruptcy, insolvency or similar proceeding or otherwise liquidates or ceases to do business.
18.3. Hallar shall, without prejudice to any other rights or remedy available under the Agreement or applicable law, be entitled to immediately terminate the Agreement in whole or in part (or alternatively suspend the access to the Platform) by giving written notice, in the event the Client (and/or its end users) infringe(s) Hallar’s and/or a third party’s Intellectual Property Right or Confidential Information, or if the Client fails to pay to Hallar any amount due under the Agreement and fails to cure such failure within thirty (30) calendar days from the date of a written payment default notice from Hallar.
18.4. Upon termination of the Agreement, regardless of the underlying reason (i) the Client shall promptly pay Hallar all fees and other amounts earned by or due to Hallar pursuant to the Agreement, up to and including the date of termination; (ii) all user rights and licenses granted to the Client pursuant to the Agreement, shall automatically terminate and the Client shall (and procures that each end user shall), at Hallar’s sole discretion, return or delete (and certify such deletion) all Confidential Information or other proprietary information of Hallar in its possession or under its control, unless to the extent required to comply with any applicable legal or accounting record keeping requirement.
19. Pilot period
19.1. In the event the Client has been granted access to a pilot version of the Platform, the Client shall, subject to these Terms of Service, be granted a personal, restricted, non-exclusive, non-transferrable and non-assignable license, without the right to sublicense, to use the pilot account for its internal business purposes for the duration of the pilot term as described in the relevant Order (hereafter, “Pilot Term”). Unless the Client has notified its intentions to withdraw its subscription the last day of the Pilot Term at the latest, the selected subscription shall automatically commence upon expiry of the Pilot Term in accordance with the relevant Subscription Plan and Subscription Period.
20.1. Changes . Hallar reserves the right to revise or update the Terms of Service from time to time. In such a case, Hallar will inform the Client about the changes in writing (including without limitation by email), prior to the coming into force of such changes. Unless specified otherwise, the revised Terms of Service shall enter into force fourteen (14) calendar days after they have been notified to the Client. If the Client does not agree to the changes, it shall have the right to stop using the Platform and cancel its subscription without charge within fourteen (14) calendar days after notification of the modified Terms of Service. The Client’s continued use of the Platform after the Terms of Service have been changed will constitute acknowledgment and acceptance of the modified Terms of Service.
20.2. Assignment. The Client may not assign or transfer any rights and/or obligations as set forth in the Agreement to any third party. Hallar shall be free to (i) transfer or assign (part of) its obligations or rights under the Agreement to one of its affiliates and (ii) to subcontract the performance of the Agreement to its affiliates, individual contractors and to third party service providers without prior notification to the Client.
20.3. Entire Agreement – Severability – Waiver. The Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersede all prior agreements, whether oral or written, between the Parties with respect to such subject matter. The provisions of the Agreement are severable and if any one or more such provisions shall be determined to be invalid, illegal or unenforceable, in whole or in part, the validity, legality and enforceability of any of the remaining provisions or portions thereof shall not in any way be affected thereby. Any failure to enforce any provision of the Agreement shall not constitute a waiver thereof or of any other provision. Any obligation under the Agreement may be waived only by a written document signed by the Party entitled to the benefits of such term or provision. No such waiver or consent shall be deemed to be or shall constitute a waiver or consent with respect to any other terms or conditions, whether or not similar.
20.4. Publicity. If the Client is a legal entity, Hallar shall have the right to use any trademarks, logos or other marks of the Client (including the Client’s corporate name) for client references on Hallar’s website, social media or other public announcements, sales presentations or for other advertising purposes.
20.5. Survival. The provisions of these Agreement that are expressly or implicitly intended to survive termination shall survive any expiration or termination of these Terms, including but not limited to the clauses in respect of the license, Hallar’s intellectual property rights, confidential information and the limitation of liability.
20.6. Force Majeure. A Party shall not be liable for delays or failure to perform its (non-monetary) obligations under the Agreement, if such delay or failure is caused by Force Majeure. The Party invoking Force Majeure, must immediately notify the other Party in writing of these circumstances. The execution of the obligation that cannot be carried out due to Force Majeure, will be suspended for the duration of the Force Majeure and must be resumed as soon as the Force Majeure has disappeared. The Party invoking the Force Majeure, must also notify the other Party of the cessation of these circumstances. The Parties have in any event, the right to terminate the Agreement affected by a situation of Force Majeure which has continued for more than thirty (30) calendar days.
20.7. Independence. No employment, partnership, temporary partnership, joint venture or agency form exists between the Parties as a result of these Terms. The relationship between Hallar and the Client is that of independent contractors.
20.8. Notices. Any notice required to be served under the Agreement shall in first instance be given by email. All notices given by email, shall only be valid in case confirmation of receipt was expressly given by email within five (5) business days. In case no confirmation of receipt was given within five (5) business days, all notices can be done in writing and served by personal delivery, registered letter, addressed to either Party at its address given in the Order (or as otherwise made available by the Parties). However, notices of termination or notices of default cannot be given by electronic mail and are to be sent by certified or registered mail to the authorized representative of the other Party.
20.9. Contact Information. Hallar can be contacted for further information regarding the Platform and these Terms of Service via following contact details: Hallar BV Leuvensesteenweg 713 2812 Mechelen, Belgium firstname.lastname@example.org
20.10. Complaint procedure. In case the Client is a Consumer and has any complaints, it can contact Hallar via email@example.com. The Client also has the option of submitting complaints on the European 'Online Dispute Resolution' (ODR)Platform via this link: http://ec.europa.eu/odr.
20.11. Applicable law and jurisdiction. These Terms are governed by and will be interpreted in accordance with Belgian law, without giving effect to any laws of conflict. Any dispute with respect to the validity and/or interpretation of these Terms will be finally settled by the competent courts of Antwerp (department Mechelen), without prejudice to the rights of the Client, if it is a Consumer, to take legal action before any other courts of competent jurisdiction based on mandatory law.
21. Definitions “Agreement” means the contractual relationship between Hallar and the Client, consisting of the Terms of Service, the applicable Order and such other document expressly agreed to between the Parties in writing; “Client” shall mean the legal entity or natural person with whom Hallar enters into the Agreement; “Consumer” shall have the meaning given to it in applicable law. “Data protection Legislation” means the Belgian and European Privacy Laws, including Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (“General Data Protection Regulation” or “GDPR”); “Documentation” shall mean any documentation provided by Hallar relating to the use of the Platform; “Force Majeure” means an event beyond the reasonable control of one of the Parties, including but not limited to, natural disasters, riots, war and military operations, national or local emergencies, actions or omissions of the government, economic disputes, fire, flooding, lightning, explosions, collapses, the reduced or non-functioning of networks, systems and equipment of third parties, and delays in or bankruptcy of Hallar’s subcontractors because of the foregoing circumstances. “Hallar” means Hallar BV, a company organized and existing under the laws of Belgium, having its registered office at Leuvensesteenweg 713, 2812 Mechelen (Belgium) and registered with company number 0786.420.867. “Intellectual Property Rights”: means (non-exhaustive list) patents, trademarks, copyrights, rights in software programs (both in object code and source code), design rights, database rights, proprietary rights in know-how, business names, trade names and all rights or forms of protection of a similar nature or having equivalent or similar effect to any of the afore listed which may subsist anywhere in the world, and any other intellectual or industrial property rights in any country and any existing or future applications for or registrations of such rights; “Order” means the written or electronic document, (sales) order or form (including, without limitation, the subscription page) agreed to by the Parties, containing the commercial arrangements (such as, without limitation, the costs of, the nature, the number of, and other specifics of the Subscription Plan ordered by the Client). “Parties” or “Party” means the Client and or Hallar. “Platform” means the online platform, developed and maintained by Hallar, which aims at offering the Client a tool to understand market trends with respect to cryptocurrency, blockchain and the “web3”, and through which the Client can access related content. “Subscription Fee” means any and all amounts due to Hallar under the Agreement, as specified in the Order. “Subscription Period” means the monthly or yearly subscription as specified in the Order. “Subscription Plan” means the commercial model(s) pursuant to which the Client purchases its subscription to the Platform, and as further detailed on Hallar’s website or in the Order.