Software Agreement - The Flybook LLC - East Race Event Payment Software

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PROVIDER: THE FLYBOOK, LLC. (the "Provider") CUSTOMFR: South Bend Parks (the "Customer") EFFECTIVE DATE: 5/24/17 (the "Effective Date") Teens of Service BACKGROUND The Flybook is a custom-built sofhvare program for outdoor -based business owners that enable more efficient processes and business growth. It is a web -based p€atform located in the cloud and used to manage guide reservations (including staff, meals, and other logistics), lodging, and customer information. 1t is accessible to authorized managers, staff, guides, partners and guests on most Internet browsers on any compatible web -enabled computer or mobile device. The software provides automated functions such as itinerary generation, payment collection through a third -party payment processor, email confirmations and receipts, as well as a real-time calendar. In consideration of the premises and conditions of these Terms of Service (the "Agreement") and other good and valuable consideration, the receipt and total sufficiency of which is hereby acknowledged, the parties agree as follows: AGREEMENT 1. Definitions 1.1 In this Agreement: (a) "Administrative Access" means access to the Platform functionality and tools designed to assist in management of Customer's business, including functionality and tools for (a) reservation management, staff scheduling, inventory management, email campaigns, social media integration, and financial management, (ii) generating and viewing reports and data for financial, marketing and other business purposes; (iii) creating, modifying, and disabling Guest User accounts; (iv) creating events and lodgings that Guest Users can browse and reserve; (d) customizing certain settings and features ofthe Platform; and (e) utilizing any other features or functionality that Provider makes available to Administrative Users within the Platform. (b) "Administrative User" means individuals designated by Customer with Administrative Access to access and use the Platform solely for the Customer's internal business use and who have been supplied a login identification and password by the Customer. Only the Customer's officers, directors, employees, and independent contractors may be Administrative Users, unless otherwise agreed in writing by the Provider. (c) "Anonymized Data" means information, data, and statistics about individuals or transactions that cannot be used, alone or in combination with other data stored or Iransmitted as part of the same or a linked data set, to identify Customer or a particular individual, including Personal Data that has been de -identified and anonytuized and aggregated with data about other individuals and transactions. HAN'�CHAFT�b 790 SW Industrial Way Suite I01, Bend, Oregon 97701 p. 855.909.2665 e. info@theflybook.com