EUROPE DPP SUBSCRIPTION AGREEMENT
This Agreement is entered into by and between Europe DPP (“Europe DPP”) and your organization (“Customer”) as of the Effective Date defined below. If the individual accepting this Agreement is doing so on behalf of a company, government agency, or other legal entity, such individual represents that they have the authority to bind such entity and its Affiliates to this Agreement. In that case, the term "Customer" will refer to such entity and its Affiliates. If the individual does not have such authority or does not agree with the terms and conditions of this Agreement, they must not accept the Agreement and must not use the Service and/or the Trial Service. This Agreement allows the Customer to receive software-as-a-service products or services from Europe DPP, obtain support, and/or receive other professional services.
1. Service and Professional Services
1.1. Europe DPP’s Obligations
1.1.1. Europe DPP shall provide the Service to the Customer during the Subscription Term in accordance with this Agreement and the applicable Order Form, and shall grant the Customer a limited, non-sublicensable, non-exclusive, non-transferable right (except as expressly permitted in Section 12.1) for its Users to access and use the Service for the Customer’s business purposes only. The Customer acknowledges that the purchase of Service or Professional Services is not contingent on the delivery of any future functionality or features, or any oral or written public comments made by Europe DPP regarding future functionality or features. Europe DPP shall comply with all applicable Laws in providing the Service. Europe DPP shall use commercially reasonable efforts to make the Service available 24 hours a day, 7 days a week, every day of the year (excluding Excluded Downtime).
1.2. Customer Obligations
1.2.1. The Customer is responsible for all activities under the Service and for the inputs of its Users. The Customer shall use the Service in accordance with this Agreement, applicable Order Forms, Documentation, and all applicable Laws, and shall not:
1.2.1.1. Copy, rent, sell, distribute, transfer, or otherwise assign rights to any part of the Service;
1.2.1.2. Transmit or store any personal health data, credit card data, personal financial data, or other sensitive data in the Service;
1.2.1.3. Transmit or store infringing or unlawful material in connection with the Service;
1.2.1.4. Transmit or store malicious code in the Service;
1.2.1.5. Attempt to gain unauthorized access to the Service or interfere with its integrity or performance;
1.2.1.6. Access the Service to build a competitive product or service or copy its features or user interface;
1.2.1.7. Remove, alter, or add any copyright or proprietary notices in the Service or as required by Europe DPP;
1.2.1.8. Remove, modify, add or fail to reproduce Europe DPP’s name or any required copyright or proprietary notices in the Service.
1.2.2. If the Service is used in breach of this Agreement, Documentation, or applicable Order Forms by the Customer or Users and it threatens the security, integrity, or availability of the Service, Europe DPP may immediately suspend access, but will use commercially reasonable efforts to notify the Customer prior to such suspension and allow time to resolve the issue.
1.3. Professional Services. The Customer and Europe DPP may enter into Statements of Work describing specific Professional Services to be performed by Europe DPP or authorized third parties. Europe DPP personnel onsite during such services shall comply with Customer's security and conduct rules as communicated, and if noncompliant, shall be removed upon reasonable request.
1.4. Customer Affiliates. The Customer may allow Affiliates to use the Service and/or Professional Services under the terms of this Agreement and any applicable Order Form. Any entity executing an Order Form or Statement of Work shall be considered a “Customer” for that document and a separate agreement between that Customer and Europe DPP.
1.5. Administrative User. The Customer may authorize a User as an Administrative User to access admin features on the Platform and manage the Account.
1.6. Customer Account. The Customer is solely responsible for maintaining its Users’ status and protecting all credentials in its control. The Customer shall be responsible for all activity under its account and shall immediately notify Europe DPP in case of unauthorized use or if credentials are lost or stolen. The Customer shall take reasonable steps to prevent unauthorized access and promptly inform Europe DPP of any such incidents.
2. Europe DPP Partner Orders
2.1. Under a separate agreement between the Customer and an authorized Europe DPP Partner (including a valid purchase document between the Customer and such Partner, a “Partner Agreement”), the Customer may obtain certain products or services provided by Europe DPP through that Partner. In such case, this Agreement specifies the terms and conditions under which those products or services will be delivered by Europe DPP, excluding any terms on pricing, payment, or other matters governed by the Partner Agreement.
2.2. Notwithstanding anything to the contrary in this Agreement, if the Customer subscribes to the Service or purchases any Professional Services through a Europe DPP Partner, then:
2.2.1. The Customer shall pay all applicable fees to the Europe DPP Partner under the Partner Agreement;
2.2.2. The Partner Agreement is solely between the Customer and the Europe DPP Partner, not binding on Europe DPP, and any disputes must be resolved directly between those parties;
2.2.3. The Customer acknowledges that certain products or services purchased may be subject to additional terms from the Partner;
2.2.4. Any refund requests must be submitted by the Customer to the Partner. In the event of a conflict between this Agreement and the Partner Agreement, this Agreement shall prevail with respect to the relationship between Europe DPP and the Customer;
2.2.5. If the Europe DPP Partner from whom the Customer purchased the Service fails to pay Europe DPP the applicable fees, Europe DPP may suspend access to the Service with notice to the Customer.
3. Security and Support
3.1. Security. Europe DPP will implement appropriate administrative, physical, and technical safeguards to protect the security and integrity of the Service and Customer Data, as described in the applicable Europe DPP Documentation.
3.2. Europe DPP will implement and maintain security incident management procedures, including a notification plan to inform the Customer within 24 hours of any breach. Notification will be sent to the contact listed as “sold to” in the Order Form by default, unless changed by the Customer by notifying support@europe.dpp.com. Europe DPP will initiate appropriate countermeasures and provide updates on resolution.
3.2.1. Unauthorized decryption of Customer Data;
3.2.2. Unauthorized copying or export of Customer Data (e.g., via email to third parties);
3.2.3. Tampering with or loss of integrity of Customer Data (technical issues or misuse);
3.2.4. Theft or loss of hardware/data media involving Customer Data;
3.2.5. Misuse of administrative privileges;
3.2.6. Unauthorized escalation of admin rights;
3.2.7. Termination of employees with broad access to Customer Data for sensitive reasons (e.g., employer-employee disputes);
3.2.8. Any act or omission compromising the security, confidentiality, or integrity of Customer Data or of Europe DPP’s protective measures. This includes unauthorized access, disclosure, or acquisition of Customer Data.
3.3. The Customer acknowledges and agrees that any data stored on a Shared or Distributed Network or Peer-to-Peer Network is beyond the control of Europe DPP.
3.4. The Customer acknowledges that local applications are also beyond the control of Europe DPP.
3.5. Support Services. During the Subscription Term, Europe DPP will provide Support Services to the Customer in accordance with its then-current support policies and as set forth in an Order Form. Unless otherwise stated, the Customer will receive the Standard Support Plan. Any updates to Support Services will not materially reduce Europe DPP’s support obligations during the Subscription Term.
4. Confidentiality
4.1. Each party shall take reasonable technical and organizational measures to protect the other party’s Confidential Information as it would protect its own of similar type, but using no less than a reasonable degree of care. A party shall not:
4.1.1. Disclose or use the other party’s Confidential Information for any purpose outside the scope of this Agreement without prior written consent;
4.1.2. Disclose or make the Confidential Information available to anyone except its employees, contractors, Related Persons, and agents on a 'need-to-know' basis, and only if such parties have signed a confidentiality agreement with terms substantially similar to this Agreement and are informed of the confidentiality obligations.
4.2. Confidential Information does not include information that:
4.2.1. Is or becomes publicly known without breach of any obligation;
4.2.2. Is rightfully known by the receiving party before disclosure without obligation of confidentiality;
4.2.3. Is received from a third party without breach of any obligation;
4.2.4. Is independently developed by the receiving party without use of the disclosing party’s Confidential Information.
4.3. If a party is legally compelled to disclose the other party’s Confidential Information, it shall provide prior notice (if legally permitted) and reasonable assistance to contest the disclosure. The disclosing party will limit the disclosure to only what is legally required.
4.4. The confidentiality obligations under this Agreement shall commence on the Effective Date and continue for three (3) years following the termination of the Subscription Term, to the extent necessary for compliance.
5. Ownership, Feedback, and Statistical Usage Data
5.1. Customer Data. Between Europe DPP and the Customer, the Customer retains ownership of its Customer Data. The Customer grants Europe DPP, its Affiliates, and relevant contractors a worldwide, time-limited license to host, copy, access, transmit, and display Customer Data only to the extent reasonably necessary to provide the Service under this Agreement and generate revenue. The Customer understands and agrees that usage restrictions on Customer Data may not apply to data stored on a public blockchain. Subject to the limited licenses granted, Europe DPP obtains no rights or interest in the Customer Data. The Customer is responsible for the accuracy, quality, and legality of Customer Data and the means by which it was acquired.
5.2. Service Ownership. Except for the rights explicitly granted under this Agreement, Europe DPP and its licensors retain all rights, title, and interest in and to the Service, Documentation, and Professional Services, including all related intellectual property rights. If the Customer purchases Professional Services, Europe DPP grants the Customer and its Affiliates a non-exclusive, non-transferable (except as expressly permitted in Section 12.1), non-sublicensable, worldwide, perpetual license to use the Professional Services solely with the Service. No other rights are granted under this Agreement.
5.3. Feedback. Europe DPP shall have a royalty-free, worldwide, transferable, irrevocable, perpetual license to use or incorporate any suggestions, enhancement requests, recommendations, feedback, or other information provided by the Customer or its Users relating to the Service or Professional Services. Europe DPP is not obligated to use any Feedback, and the Customer is not obligated to provide any.
5.4. Statistical Usage Data. Europe DPP owns statistical usage data derived from operation of the Service, such as applications, configurations, log data, and performance results (“Usage Data”). Europe DPP may use such Usage Data for business purposes, provided it is anonymized and aggregated such that neither the Customer nor Users can be identified by third parties.
6. Fees, Expenses, and Taxes
6.1. Fees. The Customer agrees to pay all fees (“Fees”) specified in the applicable Subscription Plan or Order Form to Europe DPP in accordance with this Agreement. Unless otherwise stated in the Order Form, all such Fees (excluding Fees under a good faith dispute) are due within thirty (30) days of the invoice date. Except as explicitly stated otherwise, all Fees paid or payable to Europe DPP are non-cancellable and non-refundable. All Fees are based on access rights acquired, not actual usage, except for Overages. Overages will be calculated by multiplying the excess actual usage by the agreed locked rate in the Subscription Plan or Order Form. If the Customer fails to pay any due amount under this Agreement:
6.1.1. Europe DPP reserves the right to suspend access to the Service with thirty (30) days' prior written notice until all due amounts are paid in full; and
6.1.2. Europe DPP may charge interest on overdue amounts at a rate of three percent (3%) per month or the highest rate allowed by law, whichever is lower, unless the delay is due to a good faith dispute and the Customer is cooperating in resolving the issue.
6.2. Fee Changes. Unless otherwise stated in the Order Form, Europe DPP reserves the right to adjust Service fees at any time without the Customer’s consent. Europe DPP will notify the Customer at least 30 days before implementing any fee changes. If fees increase by more than 5%, the Customer may terminate the Service or modify the Subscription Plan and receive a prorated refund for any unused portion.
6.3. Subscription Plan. The Customer agrees not to reduce commitments under the applicable Subscription Plan and acknowledges that no refunds will be issued if actual usage is lower than the subscribed amount.
6.4. Expenses. Unless otherwise stated in the Statement of Work, the Customer will reimburse Europe DPP for all pre-approved, reasonable expenses incurred while delivering Professional Services, including travel, lodging, meals, and incidentals. Europe DPP shall provide itemized documentation for such expenses with each invoice.
6.5. Taxes. Fees are exclusive of all applicable local, state, federal, or foreign taxes, charges, duties, or similar government assessments, including value-added, use, or withholding taxes (collectively, “Taxes”). The Customer is responsible for all Taxes associated with its purchases, excluding taxes based on Europe DPP’s net income or property, unless the Customer provides a valid tax exemption certificate authorized by the relevant authority.
7. Warranties and Disclaimers
7.1. Warranties.
7.1.1. Service. Each party represents that it has the authority to enter into this Agreement. During the Term, Europe DPP warrants that:
7.1.1.1. The Service will perform substantially in accordance with the applicable Documentation;
7.1.1.2. Europe DPP will apply industry-standard measures to test the Service and detect and remedy any Malicious Code designed to harm performance;
7.1.1.3. The overall functionality of the Service will not be materially degraded as described in the Documentation;
7.1.1.4. To its knowledge, it owns or has the right to use all components (including software) of the Service and Documentation. Europe DPP will use commercially reasonable efforts to correct non-compliant Services at no extra charge. If Europe DPP fails to resolve the issue within a reasonable time after written notice, the Customer may terminate the Service and receive a prorated refund for unused prepaid Fees. These remedies are exclusive unless the breach constitutes a material breach under Section 11.3 (“Termination”). These warranties apply only when the Service is used per the Documentation, this Agreement, and applicable Law.
7.1.2. Professional Services. Europe DPP warrants that Professional Services will be performed diligently, carefully, and in accordance with industry standards. As the sole remedy for a breach of this warranty, Europe DPP will either promptly re-perform the non-compliant Services or refund the fees for them, provided the Customer notifies Europe DPP within thirty (30) days of delivery.
7.2.2. No Professional Advice. The Customer agrees that any content available on Europe DPP’s website or Platform is for informational purposes only and should not be construed as professional advice. The Customer should consult a qualified expert to ensure legal and regulatory compliance.
7.3. Disclaimer. Except for the express warranties in Section 7.1, Europe DPP and its suppliers disclaim all other warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title, or non-infringement. The parties agree not to rely on any other warranties, whether express or implied. Europe DPP makes no warranty regarding any Non-Europe DPP Application used with the Service.
8. Limitation of Liability
8.1. Under no circumstances shall Europe DPP (or its third-party licensors) be liable under this Agreement or its terms and conditions, whether in contract, tort, strict liability, or other legal theory, for:
8.1.1. Errors in use or service interruption, data loss or inaccuracy, or data corruption;
8.1.2. Cost of procurement of substitute goods, services, rights, or technologies;
8.1.3. Any lost profits or revenues;
8.1.4. Any indirect, special, incidental, consequential, or punitive damages, regardless of whether a party was advised of their possibility.
8.2. To the fullest extent permitted by law, each party's and all its Affiliates’ total liability under or in connection with this Agreement shall not exceed the total amount paid or payable by the Customer during the twelve (12) months prior to the event giving rise to the liability. This limitation applies regardless of the form of action, whether in contract or tort, but shall not limit the Customer’s payment obligations under Section 6.
8.3. The limitations above shall apply to the Customer's responsibilities, except for payment obligations under Fees (excluding item 8.1.3).
9. Indemnification
9.1. Europe DPP’s Indemnification Obligation. Subject to Section 9.3, Europe DPP will defend the Customer against any third-party claims, demands, suits, or proceedings (“Claims”) alleging that the Service provided under this Agreement infringes any patent, copyright, or trademark (“Infringement Claim”). Europe DPP will indemnify the Customer for damages, costs, and reasonable attorneys' fees awarded by a court or agreed in a written settlement signed by Europe DPP. Damages for any Infringement Claim shall not exceed 30% of the total amount paid by the Customer and its Affiliates under this Agreement. Europe DPP’s liability for such damages is limited to the amount recoverable under its insurance.
In the event of an Infringement Claim, Europe DPP may, at its discretion:
9.1.1. Obtain rights for the Customer to continue using the Service;
9.1.2. Modify the infringing portion to be non-infringing with substantially equivalent functionality;
9.1.3. Terminate the Agreement as it pertains to the infringing Service and provide a prorated refund for any unused prepaid Fees;
9.1.4. Europe DPP shall not be liable for Claims resulting from:
9.1.5. Modifications to the Service not made by Europe DPP;
9.1.6. Combination of the Service with other products or technologies if the claim would not have arisen but for the combination;
9.1.7. Use of the Service by the Customer not in accordance with the Documentation or Agreement. The remedies in this Section 9.1 are the Customer’s sole and exclusive remedies for Infringement Claims.
9.2. Customer Indemnification Obligation. Subject to Section 9.3, the Customer will defend Europe DPP against any Claims arising from the provision or use of Customer Data and will indemnify Europe DPP for any damages, costs, and attorneys' fees awarded or agreed in settlement signed by the Customer.
9.3. Indemnification Requirements. The party seeking indemnification (“Indemnified Party”) must:
9.3.1. Promptly provide written notice of the Claim to the other party (“Indemnifying Party”);
9.3.2. Provide reasonable cooperation and assistance as requested by the Indemnifying Party at its expense;
9.3.3. Allow the Indemnifying Party sole control of the defense and settlement of the Claim, provided the Indemnified Party may participate at its own expense.
10. Customer References
10.1. Europe DPP may use the Customer’s name and logo to identify the Customer as a user of the Service on its public website and in marketing materials, provided such use complies with written instructions from the Customer and does not imply Customer endorsement.
10.2. Europe DPP may use the Customer’s logo in public-facing materials to present the Customer as a Europe DPP customer, subject to the Customer’s written brand usage guidelines and without implying endorsement.
10.3. The Customer agrees to serve as a reference customer for prospective clients, investors, media, or analysts of Europe DPP and to make appropriate representatives available for such purposes via phone when necessary.
10.4. The Customer agrees to make appropriate representatives available for a written case study or video testimonial that Europe DPP may publish and use in marketing.
10.5. The Customer will be included in the current quarterly report with a mention of the customer’s name and a brief description of the planned implementation.
10.6. With the Customer’s prior written consent, Europe DPP may:
10.6.1. Issue a jointly agreed press release;
10.6.2. Use the Customer as a reference in engagements with prospects, investors, media, or analysts, with appropriate notice for coordination.
11. Term, Termination, and Effect of Termination
11.1. Term. This Agreement begins on the Effective Date and continues until all Order Forms expire or are otherwise terminated. The Subscription Term begins on the subscription start date and continues for the period stated in the applicable Order Form (“Term”).
11.2. Renewal. Unless otherwise specified, subscriptions automatically renew for additional periods equal to the expiring Subscription Term unless either party provides notice of non-renewal at least thirty (30) days prior to the end of the then-current Term.
11.3. Termination. Either party may terminate this Agreement by written notice if:
11.3.1. The other party materially breaches the Agreement and fails to cure the breach within thirty (30) days of notice; or
11.3.2. The other party becomes the subject of a bankruptcy or liquidation proceeding—termination is immediate.
11.3. In case of termination by the Customer under this Section 11.3, Europe DPP will refund a prorated portion of prepaid Fees for the remaining Subscription Term and any unused Professional Services. For clarity, breach or termination of a Statement of Work does not constitute breach or termination of the Agreement or any Order Form.
11.4. Early Termination. The Service and Professional Services may not be terminated for convenience. Unless terminated under Section 11.3, no refund or waiver of Fees will be granted.
11.5. Effect of Termination. Upon termination, all rights and subscriptions granted to the Customer (including under all Order Forms) shall immediately terminate, and the Customer must cease use of the Service. Except for termination under Section 11.3.1, the Customer remains responsible for all future payment obligations under Order Forms. The sections titled “Definitions,” “Confidentiality,” “Ownership, Feedback, and Statistical Usage Data,” “Fees, Expenses, and Taxes,” “Disclaimers,” “Limitation of Liability,” “Indemnification,” “Term, Termination, and Effect of Termination,” and “General” shall survive termination.
12. General
12.1. Assignment. Neither party may assign or transfer its rights or obligations under this Agreement without prior written consent of the other party, which shall not be unreasonably withheld or delayed. Any unauthorized assignment shall be void. However, either party may assign the Agreement (including all Order Forms) without consent in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all assets, provided all due payments are settled and the assignee agrees to the terms.
12.2. Governing Law, Dispute Resolution, Attorney Fees, and Severability. This Agreement and any disputes arising from it shall be governed by Dutch law, excluding conflict of law rules and the UN Convention on Contracts for the International Sale of Goods. The parties consent to the exclusive jurisdiction and venue of courts in The Hague, Netherlands. In any legal action, the prevailing party is entitled to costs and attorneys' fees. If any provision is held unenforceable, it will be modified or removed to the extent necessary for the Agreement to remain enforceable.
12.3. Notices. All legal notices under this Agreement must be in English and sent to the addresses in the Order Form. Notices shall be valid:
12.3.1. On the date of hand delivery;
12.3.2. One (1) business day after delivery to a recognized courier (or five (5) business days for international deliveries);
12.3.3. Where written form is required, signatures (scanned handwritten or simple electronic signatures) must be provided, not via email.
12.4. Force Majeure. Neither party shall be liable for failure to perform obligations (except payment) due to events beyond its control (e.g., cyberattacks, terrorism). If such force majeure prevents fulfillment for over 90 days, the unaffected party may terminate the Agreement with written notice.
12.5. Independent Contractors. The parties are independent contractors. Nothing in this Agreement creates a partnership, joint venture, agency, or employment relationship. There are no third-party beneficiaries under this Agreement.
12.6. Export Compliance. Each party represents it is not listed on any EU sanctions list, not controlled by such entities, and will not use the Service in violation of European or international embargo or export control laws.
12.7. Anti-Corruption. The Customer represents that no unlawful bribes or improper payments have been offered or received in connection with this Agreement. Reasonable gifts and entertainment in the normal course of business are permitted. Any violations must be reported to Europe DPP.
12.8. Trials. If a Service or feature is labeled “Trial,” it is provided at Europe DPP’s discretion and free of charge for the duration of the trial. It ends on:
12.8.1. The trial period expiry;
12.8.2. Start of a paid subscription for the Service; or
12.8.3. Termination by Europe DPP, with a proportional refund if applicable. Trial data/configurations may be permanently lost upon trial end. The Trial Service is provided “as-is” without warranties or indemnification. Europe DPP’s maximum liability under trial use is €1,000.
12.9. Entire Agreement. This Agreement, together with all Order Forms, constitutes the complete agreement and supersedes all prior agreements, including any confidentiality agreements. Terms in Customer purchase orders or documents are void. In case of conflict, the following order of precedence applies:
12.9.1. The applicable Order Form between Europe DPP and the Customer;
12.9.2. This Agreement;
12.9.3. The Documentation. No amendment or waiver shall be effective unless in writing and signed by both parties.
13. Definitions
13.1. “Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control with Europe DPP or the Customer. For the purposes of this definition, 'Control' means ownership or control of more than fifty percent (50%) of the voting rights of the relevant entity.
13.2. “Europe DPP Partner” means a licensed distributor, reseller, or other partner of Europe DPP authorized to provide products or services.
13.3. “Collaborative Project” means a project initiated by a Customer or Europe DPP that involves cooperation with a customer of Europe DPP.
13.4. “Confidential Information” means the following:
13.4.1. Customer Data;
13.4.2. The Service, Documentation, and the terms and conditions of this Agreement and all Order Forms, including pricing;
13.4.3. Each party’s technical and commercial information (hardware, software, designs, specifications, techniques, processes, procedures, research, development, projects, products or services, business and marketing plans or opportunities, finances, suppliers, trade secrets, penetration testing results, and other security information, error and support data, and third-party audit reports and certifications) designated as confidential by the disclosing party, or which, based on the nature of the information or circumstances of disclosure, is reasonably understood to be confidential by the recipient.
13.5. “Customer Data” means all electronic data provided by or on behalf of the Customer to the Service, excluding 'Digital Twin Data'.
13.6. “Distributed Network” means any decentralized service, distributed ledger, or peer-to-peer platform not controlled by Europe DPP, such as Ethereum Blockchain or InterPlanetary File System (IPFS).
13.7. “Documentation” means the user guides and other end-user documentation provided by Europe DPP for the Service, as updated from time to time.
13.8. “Effective Date” means the last date this Agreement is executed, or when an Order Form is executed or the Service is accessed or used, or when the 'Accept and Start' (or similar button or checkbox) is clicked for Trial Services.
13.9. “Excluded Downtime” means any downtime caused by force majeure events, the Customer’s actions, the Customer’s equipment, or failure to comply with this Agreement.
13.10. “Facility” means a Customer’s specific location identified by a distinct address or tax ID number.
13.11. “Fair Use” refers to a minimum transaction size of one metric ton or more.
13.12. “Laws” refers to any applicable local or national laws, agreements, and/or regulations.
13.13. “License” means the limited, non-sublicensable, non-exclusive, non-transferable right to access and use the Service, including Dashboard and API access, for the Term, subject to the terms of this Agreement.
13.14. “Lock Rate” refers to the applicable rate specified in the Order Form (e.g., DA Rates).
13.15. “Malicious Code” means viruses, worms, time bombs, Trojan horses, and other harmful code, files, scripts, agents, or programs.
13.16. “Non-Europe DPP Application” means any web-based, offline, mobile, or other software application functionality provided by the Customer or third parties, working with the Service.
13.17. “Operation” refers to the number of steps required to transform a Customer input (received inventory) into the final product intended for transfer to a Customer Relationship.
13.18. “Order Form” means the order document specifying products or services purchased by the Customer under this Agreement, including any addenda or supplements.
13.19. “Overage Fees” means the fees to be paid by the Customer when their actual usage exceeds the access rights stated in the Order Form.
13.20. “Peer-to-Peer Network” refers to a network of devices connecting and sharing resources without using a centralized server controlled by Europe DPP.
13.21. “Professional Services” refers to the application and configuration services provided by Europe DPP, as defined in the Statement of Work. Professional Services do not include the Service.
13.22. “Rate Limits” are limitations placed on the Service to protect against misuse, including service denial attacks, rapid configuration updates, aggressive queries, and excessive API calls.
13.23. “Service” refers to the products and services provided by Europe DPP as specified in the Order Form, excluding Professional Services, Trial Services, and Non-Europe DPP Applications.
13.24. “Smart Commitment” means a specific method provided by Europe DPP for hiding data.
13.25. “Statement of Work” refers to a document detailing specific Professional Services purchased by the Customer under this Agreement or an Order Form. Each Statement of Work will reference this Agreement.
13.26. “Subscription Plan” refers to the paid service plans offered by Europe DPP for the Platform, including any applicable Support Plan.
13.27. “Support Services” refers to the support services provided by Europe DPP under its then-current support policies and specified in an Order Form.
13.28. “Term” means the Subscription Term as defined in Section 11.1.
13.29. “Trial” refers to any service or functionality offered by Europe DPP for evaluation under a 'Trial' label, as indicated in the Order Form or Service, including 'beta,' 'pilot,' or similar terms.
13.30. “Users” refers to individuals (including non-human devices like applications or services) authorized by the Customer to access and use the Service, for which the Customer has subscribed.