Common use of Access Grant Clause in Contracts

Access Grant. During the term of each subscription to the Hosted Service set forth on an order (each, a “Subscription Term”), the Company grants you and your affiliates a non-exclusive, non-transferable right, subject to the terms and conditions of this Agreement and in accordance with applicable law, to grant Named Users located anywhere in the world access to The SuccessKPI Software as a Service platform (“The Software” or the “Hosted Service” (“Hosted Service”) solely in support of your internal business operations, in a manner consistent with the Documentation and license type(s) and terms specified on an order. Your use of the Software as part of a Hosted Service subscription will be under a usage contract, as specified on an order on the applicable application exchange. Customer will have access to whichever package is selected in the applicable marketplace which may include usage charges for named users, agent seat counts for various versions of our Software (e.g. “Real time and Historical Analytics” or “Speech and Text Analytics”), transcription minutes, or other pricing elements which may be selected or used by you and which may change from time to time. New pricing elements will be updated in the portal. Pricing will be provided in $USD. If pricing is provided under any marketplace in another currency other than $USD then SuccessKPI reserves the right to alter the exchange rate at any time during this agreement. Customer bears 50% of the currency fluctuation risk and fees may be adjusted in any given calendar quarter based on adjustments to the Prime currency rate at that time. If the currency exchange rate is within 10% of the currency rate at the time of the contract, no adjustment will be made by SuccessKPI. If the amount exceeds 10%, then SuccessKPI may share 50% of the difference between the old rate and the new rate and shall submit a quarterly currency adjustment invoice outside of the applicable marketplace in the event that marketplace rates have not adjusted in a timely manner.