Last updated: September 30, 2018
The following Service Terms apply only to the specific Services to which the Service Terms relate. In the event of a conflict between the terms of these Service Terms and the terms of the ETPL Customer Agreement or other agreement with us governing your use of our Services (the "Agreement"), the terms and conditions of these Service Terms apply, but only to the extent of such conflict. Capitalized terms used herein but not defined herein shall have the meanings set forth in the Agreement.
- Universal Service Terms (Applicable to All Services)
1.1. You may only use the Services to store, retrieve, query, serve, and execute Your Content that is owned, licensed or lawfully obtained by you. As used in these Service Terms, "Your Content" includes any "Company Content" and any "Customer Content". As part of the Services, you may be allowed to use certain software (including related documentation) provided by us, our affiliates, or third party licensors. This software is neither sold nor distributed to you and you may use it solely as part of the Services. You may not transfer it outside the Services without specific authorization to do so.
1.2. You must comply with the current technical documentation applicable to the Services (including the applicable developer guides) as posted by us or our affiliates and updated from time to time on the Site. In addition, if you create technology that works with a Service, you must comply with the current technical documentation applicable to that Service (including the applicable developer guides) as posted by us or our affiliates and updated from time to time on the Site.
1.3. You will provide information or other materials related to Your Content (including copies of any client-side applications) as reasonably requested by us or our affiliates to verify your compliance with the Agreement. We and our affiliates may monitor the external interfaces (e.g., ports) of Your Content to verify your compliance with the Agreement. You will not block or interfere with our monitoring, but you may use encryption technology or firewalls to help keep Your Content confidential. You will reasonably cooperate with us or our affiliates to identify the source of any problem with the Services that we reasonably believe may be attributable to Your Content or any end user materials that you control.
1.4. If we reasonably believe any of Your Content violates the law, infringes or misappropriates the rights of any third party or otherwise violates a material term of the Agreement (including the documentation, the Service Terms, or the Acceptable Use Policy) ("Prohibited Content"), we will notify you of the Prohibited Content and may request that such content be removed from the Services or access to it be disabled. If you do not remove or disable access to the Prohibited Content within 2 business days of our notice, we or our affiliates may remove or disable access to the Prohibited Content or suspend the Services to the extent we or our affiliates are not able to remove or disable access to the Prohibited Content. Notwithstanding the foregoing, we or our affiliates may remove or disable access to any Prohibited Content without prior notice in connection with illegal content, where the content may disrupt or threaten the Services, or as required to comply with any applicable law or any judicial, regulatory or other governmental order or request. In the event that we or our affiliates remove content without prior notice, we will provide prompt notice to you unless prohibited by law.
1.5. From time to time, we may offer free or discounted pricing programs covering certain usage of the Services (each, a "Special Pricing Program"). We may stop accepting new sign-ups or discontinue a Special Pricing Program at any time. Standard charges will apply after a Special Pricing Program ends or if you exceed the limitations by the Special Pricing Program. You must comply with any additional terms, restrictions, or limitations (e.g., limitations on the total amount of usage) for the Special Pricing Program as described in the offer terms for the Special Pricing Program or on the pricing page for the eligible Service(s). You may not access or use the Services in a way intended to avoid any additional terms, restrictions, or limitations (e.g., establishing multiple ETPL accounts in order to receive additional benefits under a Special Pricing Program), and we may immediately terminate your account if you do so. Any data stored or instances provided as part of a Special Pricing Program must be actively used.
1.6. If we make multiple discounts or pricing options for a Service available to you at one time, you will only be eligible to receive one discount or pricing option, and will not be entitled to cumulative discounting and pricing options.
1.7. You will ensure that all information you provide to us via the Site (for instance, information provided in connection with your registration for the Services, requests for increased usage limits, etc.) is accurate, complete and not misleading.
1.8. From time to time, we or our affiliates may apply upgrades, patches, bug fixes or other maintenance to the Service Offerings ("Maintenance"). We agree to use reasonable efforts to provide you with prior notice of any scheduled Maintenance (except for emergency Maintenance) and you agree to use reasonable efforts to comply with any Maintenance requirements that we notify you about.
1.9. If your Agreement does not include a provision on ETPL Confidential Information, and you and ETPL do not have an effective non-disclosure agreement in place, then you agree that you will not disclose ETPL Confidential Information (as defined in the ETPL Customer Agreement), except as required by law.
1.10. Beta Service Participation
1.10.1. This Section describes the additional terms and conditions under which you may access and use certain features, technologies and services made available to you by us or our affiliates that are not yet generally available, including, but not limited to, any products, services, or features labeled "beta", "preview", "pre-release", or "experimental" (each, a "Beta Service") or access and use Service Offerings available in Evato regions that are not generally available, including, but not limited to, any Evato regions identified by us or our affiliates as "beta", "preview", "pre-release", or "experimental" (each, a "Beta Region”).
1.10.2. During the term of the applicable Beta Service or Beta Region (as specified by us or our affiliates), you may: (a) access and use the Beta Service or Service Offerings in any Beta Region solely for internal evaluation purposes; and (b) install, copy, and use any related ETPL Content that may be provided to you by us or our affiliates in connection with the Beta Service or Service Offerings in any Beta Region ("Beta Materials") solely as necessary to access and use the Beta Service or Service Offerings in any Beta Region in the manner permitted by this Section.
1.10.3. You agree not to allow access to or use of any Beta Service, Service Offerings in any Beta Region or Beta Materials by any third party other than your employees and contractors who (i) have a need to use or access the Beta Service, Service Offerings in the Beta Region or Beta Materials in connection with your internal evaluation activities, and (ii) have executed written non-disclosure agreements obligating them to protect the confidentiality of non-public information regarding the Beta Service, Beta Region and Beta Materials.
1.10.5. We may suspend or terminate your access to or use of any Beta Service or Service Offerings in any Beta Region at any time and for any reason. We may at any time cease providing any or all of any Beta Service or any Service Offering in a Beta Region in its sole discretion and without notice. Beta Services and Services Offerings in Beta Regions also may be unavailable and/or their performance may be negatively affected by scheduled and unscheduled maintenance. We will use reasonable efforts to notify you in advance of scheduled maintenance, but we are unable to provide advance notice of unscheduled or emergency maintenance.
1.10.6. In consideration of being allowed to access and use a Beta Service or Service Offering in a Beta Region, you agree to provide us with information relating to your access, use, testing, or evaluation of the Beta Service, Service Offerings in the Beta Region or any related Beta Materials, including observations or information regarding the performance, features and functionality of the Beta Service or any related Beta Materials as applicable, when and in the form reasonably requested by us ("Test Observations"). We will own and may use and evaluate all Test Observations for our own purposes. You will not use any Test Observations except for your internal evaluation purposes of the Beta Service or Beta Region.
1.10.7. Beta Materials, Test Observations, Suggestions concerning a Beta Service or Beta Region, or any other information about or involving (including the existence of) any Beta Service or Beta Region are considered ETPL Confidential Information. You will not disclose (including, but not limited to, in a press release or public statement) any Beta Materials, Test Observations, Suggestions concerning a Beta Service, or any other information about or involving (including the existence of) any Beta Service, except as agreed by ETPL in writing.
1.10.8. ADDITIONAL WARRANTY DISCLAIMERS. WITHOUT LIMITING ANY DISCLAIMERS IN THE AGREEMENT OR THE SERVICE TERMS, THE BETA SERVICES, SERVICE OFFERINGS IN BETA REGIONS, BETA REGIONS AND BETA MATERIALS ARE NOT READY FOR GENERAL COMMERCIAL RELEASE AND MAY CONTAIN BUGS, ERRORS, DEFECTS OR HARMFUL COMPONENTS. ACCORDINGLY, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE AGREEMENT OR THESE SERVICES TERMS, WE OR OUR AFFILIATES ARE PROVIDING THE BETA SERVICES, SERVICE OFFERINGS IN BETA REGIONS AND BETA MATERIALS TO YOU "AS IS." ETPL AND ITS AFFILIATES AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE BETA SERVICES, SERVICE OFFERINGS IN BETA REGIONS, BETA REGIONS AND BETA MATERIALS, INCLUDING ANY WARRANTY THAT THE BETA SERVICES, SERVICE OFFERINGS IN BETA REGIONS, BETA REGIONS AND BETA MATERIALS WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT, INCLUDING YOUR CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. EXCEPT TO THE EXTENT PROHIBITED BY LAW, ETPL AND ITS AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. ETPL'S AND ITS AFFILIATES' AND LICENSORS' AGGREGATE LIABILITY FOR ANY BETA SERVICES WILL BE LIMITED TO THE AMOUNT YOU ACTUALLY PAY US UNDER THE AGREEMENT FOR THE BETA SERVICES THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS PRECEDING THE CLAIM.
1.10.10. Because the Beta Services and Materials involve features, technologies and services that are not yet generally available, you acknowledge that any violation of this Section 1.10 could cause irreparable harm to us or our affiliates for which monetary damages may be difficult to ascertain or an inadequate remedy. You therefore agree that we and our affiliates will have the right, in addition to its other rights and remedies, to seek injunctive relief for any violation of this Section 1.10.
1.11. You may perform benchmarks or comparative tests or evaluations (each, a “Benchmark Test”) of the Service Offerings; provided, however, that you may not, and may not direct or permit third-parties to, disclose results or data produced from any Benchmark Test of a Service Offering, unless: (a) such disclosure includes all information necessary for us, our affiliates or any third-party to completely and accurately replicate the Benchmark Test; (b) you permit us or our affiliates to perform Benchmark Tests of your products or services and to disclose results or data produced from such Benchmark Tests, provided that such disclosure includes all information necessary for you or any third-party to completely and accurately replicate the Benchmark test; and (c) if you perform a Benchmark Test for a third-party, directly or indirectly, in exchange for consideration, you will identify the third-party and you represent and warrant that you have procured all rights necessary for us or our affiliates to perform Benchmark Tests of the third-party’s products or services and to disclose results or data produced from such Benchmark Tests.
2.1. You must own or have all necessary rights to use any domain name or SSL certificate that you use in conjunction with Original4Sure. You are solely responsible for the renewal, security and proper configuration of any SSL certificates that you provide for use with Original4Sure, including any disclosure of your SSL certificates to third parties.
2.2. Original4Sure's feature may utilize wide range of tools for various purposes including but not limited to a third party geo-location database, which may not be accurate in all situations.
3.1. In connection with your use of Supplytics (including all modules, components, instances and instance types, hosts and other resources, dedicated, reserved or on-demand, collectively "Supplytics") and the Services, you are responsible for maintaining licenses and adhering to the license terms of any software you run.
3.2. Using Microsoft Software. In conjunction with the Services, you may be allowed to use certain software (including related documentation) developed and owned by Microsoft Corporation or its licensors (collectively, the "Microsoft Software").
3.2.1. If you choose to use the Microsoft Software, Microsoft and its licensors require that you agree to these additional terms and conditions:
- The Microsoft Software is neither sold nor distributed to you and you may use it solely in conjunction with the Services.
- You may not transfer or use the Microsoft Software outside the Services.
- You may not remove, modify or obscure any copyright, trademark or other proprietary rights notices that are contained in or on the Microsoft Software.
- You may not reverse engineer, decompile or disassemble the Microsoft Software, except to the extent expressly permitted by applicable law.
- Microsoft disclaims, to the extent permitted by applicable law, all warranties by Microsoft and any liability by Microsoft or its suppliers for any damages, whether direct, indirect, or consequential, arising from the Services.
- Microsoft is not responsible for providing any support in connection with the Services. Do not contact Microsoft for support.
- You are not granted any right to use the Microsoft Software in any application controlling aircraft or other modes of human mass transportation, nuclear or chemical facilities, life support systems, implantable medical equipment, motor vehicles, weaponry systems, or any similar scenario (collectively, "High Risk Use"). Microsoft and its suppliers disclaim any express or implied warranty of fitness for High Risk Use. High Risk Use does not include utilization of the Microsoft Software for administrative purposes, to store configuration data, engineering and/or configuration tools, or other non-control applications, the failure of which would not result in death, personal injury, or severe physical or environmental damage. These non-controlling applications may communicate with the applications that perform the control, but must not be directly or indirectly responsible for the control function.
- Microsoft is an intended third-party beneficiary of this Section 4.2, with the right to enforce its provisions.
3.2.2. For any instance running Microsoft Software (each, a “Microsoft Instance”), you may not use nesting, container or similar technologies to sell or resell multiple instances, portion(s) of an instance, or containers running within the Microsoft Instance, unless (a) you are the ultimate end user of the Microsoft Instance, (b) you have supplemented the Microsoft Instance with your own applications, or (c) you have added primary and significant functionality to the Microsoft Instance.
3.3. Using Third Party Software. In conjunction with the Services, you may be allowed to use certain software (including related support, maintenance, and documentation) developed, owned or provided by third parties or their licensors. Use of third party software is subject to respective additional terms and conditions.
3.4. As part of using Supplytics, you agree that your Supplytics resources may be terminated or replaced due to failure, retirement or other Evato requirement(s). To the extent permitted by law, we and our affiliates have no liability whatsoever for any damages, liabilities, losses (including any corruption, deletion, or destruction or loss of data, applications or profits), or any other consequences resulting from the foregoing. THE USE OF SUPPLYTICS DOES NOT GRANT YOU, AND YOU HEREBY WAIVE, ANY RIGHT OF PHYSICAL ACCESS TO, OR PHYSICAL POSSESSION OF, ANY EVATO SERVERS, EQUIPMENT, REAL OR PERSONAL PROPERTY, OR OTHER ASSETS.
- Consolidated Billing
Consolidated Billing has been incorporated into Evato Organizations (See Section 10).
- Evato Identity and Access Management (IAM)
5.1. You may use IAM to create additional sets of security credentials (the "User Credentials") under your ETPL account, the format of which may include a username and password, roles, policies, permissions, access keys, and/or a security token. The User Credentials are subject to change: (a) by you through the IAM APIs, or (b) if we or our affiliates determine in our reasonable discretion that a change is necessary. We will promptly notify you of any change we make to the User Credentials.
5.2. You will ensure that all use of the Services under the User Credentials complies with the terms and conditions of the customer agreement between you and us that governs your use of the Services.
5.3. You are responsible for all applicable fees associated with use of the Services in connection with IAM, including fees incurred as a result of any User Credentials. You are responsible for maintaining the secrecy and security of the User Credentials (other than any key that we expressly permit you to use publicly). You are solely responsible, and we and our affiliates have no liability, for any activities that occur under the User Credentials, regardless of whether such activities are undertaken by you, your employees, agents, subcontractors or customers, or any other third party. You are responsible for the creation, distribution, and security (including enabling of access) of all User Credentials created under your ETPL account, including credentials that you have used IAM to create or disclose to other parties.
5.4. Except as otherwise provided by ETPL, you may only use User Credentials for your internal use and may not expose your User Credentials publicly. You may not sell, transfer or sublicense or authorize the creation of User Credentials (other than public use of any key that we expressly permit you to use publicly) to any other party; provided that, you may disclose or cause to be disclosed User Credentials to your agents or subcontractors that are performing services for you, solely to allow the agents or subcontractors to use the Services on your behalf in accordance with the agreement between you and us that governs your use of the Services.
5.5. Any third party identity provider that you use in connection with the Service Offerings is Third Party Content under the Agreement and may be provided directly to you by a third party under separate terms and conditions. You are solely responsible for complying with those terms and conditions. We and our affiliates may change, discontinue or deprecate support for an identity provider for any reason, including if the continued use of the identity service (a) poses a security or intellectual property issue, (b) is economically or technically burdensome, or (c) must be terminated to comply with the law or requests of governmental entities.
- Evato Support
6.1. We will provide "Support" in accordance with the terms of Evato Support Features page available at http://evato.co/premiumsupport (the "Guidelines"). Support is available only as described in the Guidelines. If you are experiencing problems with one or more Services in connection with your use of any Content that was provided to you by a third party (someone other than yourself or ETPL or its affiliates) then Support is not available.
6.2. In providing Support, ETPL will use commercially reasonable efforts to (a) respond within the "Response Times" set forth in the Guidelines for all properly submitted cases from authorized individuals, and (b) work towards the identification and resolution of the problems submitted. When submitting a case, you may designate the severity level of a problem; provided that, we reserve the right to reclassify the severity level in our reasonable opinion. All Response Times are measured from the point when a case has been properly submitted by an authorized individual to us. Cases may be submitted as specified in the Guidelines. We do not represent, warrant or guarantee that (i) we will always be able to resolve a case fully, (ii) you will no longer experience a problem, (iii) we will provide a bug fix, patch or other workaround in connection with the identified problem, or (iv) any support or advice will result in any performance efficiency or improvement. You are solely responsible for the implementation and results of any suggestions or advice received.
6.3. Unless otherwise set forth in the Guidelines, Support fees will be the greater of (a) the specified minimum monthly fee, or (b) a percentage of your monthly usage charges for all Services during the billing period. Regardless of when you sign up or terminate Support, you are obligated to pay for a minimum of thirty (30) days of support each time you register to receive the service. Implementation of any suggested configurations or improvements may result in additional fees and charges. We reserve the right to refuse to provide Support to any customer that frequently registers for and terminates the service.
- Evato Marketplace
8.1. The Evato Marketplace is a venue operated by Evato that allows Content to be offered, sold, and bought. Content may be sold by Evato or a third party, and the party offering or selling the Content may specify separate terms and conditions and privacy policies for the use of the Content. If the Content is offered or sold by a third party, that party will be the seller of record for the Content. Evato and ETPL are not a party to the terms with respect to Content offered or sold by third parties. Any Content of third parties offered through the Evato Marketplace constitutes "Third Party Content" under the Agreement. While Evato may help facilitate the resolution of disputes between you and third parties, Evato and ETPL are not responsible for Third Party Content and has no control over and does not guarantee the quality, safety or legality of items advertised, the truth or accuracy of Third Party Content or listings, or the ability of sellers to offer the Content.
8.2. Except to the extent Content is provided to you under a separate license that expressly states otherwise, neither you nor any End User may, or may attempt to, (a) modify, alter, tamper with, repair, or otherwise create derivative works of any Content, (b) reverse engineer, disassemble, or decompile the Content or apply any other process or procedure to derive the source code of any software included in the Content, (c) resell or sublicense the Content, (d) transfer Content outside the Services without specific authorization to do so, or (e) tamper with or circumvent any controls or make unauthorized copies of the Content.
8.3. Evato may stop providing the Evato Marketplace (or any features of or listings within the Evato Marketplace) to you at Evato's sole discretion, without prior notice to you. In addition, Evato may disable or remove Content already purchased, if Evato determines in its sole discretion that the Content may violate any Evato policies or any other regulations, policies or laws.
8.4. You authorize Evato, its affiliates, and its third-party payment processors and any service providers to charge the payment method you select in your ETPL account for Content that you purchase in the Evato Marketplace. This may include one-time payments as well as recurring payments. A "recurring payment" is a payment that occurs at the specified intervals and amounts provided at the time of purchase (e.g. annually or monthly). The applicable fees and billing periods for the Content are listed on the confirmation screen when you place your order. Your authorizations will remain until cancelled. You may cancel your subscriptions at any time by logging into "Your Software Subscriptions" on the Site. Unless we specify otherwise, only valid credit cards may be used to purchase a recurring payment subscription.
8.5. If you have provided your value added tax (VAT) registration number to us so that it can be applied to your purchases, then the information you provide with your registration (including your VAT registration number and the name and address associated with your VAT registration) will be shared with third parties from whom you have purchased software on the Evato Marketplace to the extent necessary for those third parties to comply with VAT invoicing regulations and requirements.
8.6. You will be responsible for identifying and paying all applicable taxes, governmental fees, and charges (including any penalties, interest, and other additions) that may be imposed on you with respect to the purchases you make on the Evato Marketplace. The purchase fees and charges payable by you will be exclusive of all applicable Taxes, and will be made free and clear of any deduction or withholding, as may be required by law. For clarity, if any such deduction or withholding (including but not limited to cross-border withholding taxes) is required on any payment, you will pay such additional amount, as necessary, to ensure that the net amount received by Evato is equal to the amount then due and payable by you for your purchases on the Evato Marketplace. Evato will provide you with such tax forms, as are reasonably requested, in order to reduce or eliminate the amount of any withholding or deduction for taxes, in respect of the payments made by you for purchases on the Evato Marketplace. Evato may charge, and you will pay, all applicable Taxes that we are legally obligated or authorized to collect from you. Evato will not collect, and you will not pay, any Taxes for which you furnish us a properly completed exemption certificate, or a direct payment permit certificate, for which Evato may claim an available exemption from such Taxes.
- Evato Professional Services
9.1. "Evato Professional Services" are advisory services and implementation assistance designed to help you use the other Services. If ETPL provides Evato Professional Services to you, then this Section 9 will apply. References to "Services" in the Agreement include Evato Professional Services.
9.2. To receive Evato Professional Services, you must sign a statement of work for each specific project, which will describe the project and may include additional terms and conditions applicable to the project (each, a "SOW"). Each SOW is made part of the Agreement. ETPL or any of its affiliates may enter into SOWs with you. For the purposes of an SOW, references to "Evato" in the SOW and the Agreement will be interpreted as references to the Evato entity that signs the SOW. No Evato entity other than the Evato entity that signs the SOW has any obligations under such SOW. Any SOW (together with the Agreement as amended by such SOW) is intended by the parties as a final, complete and exclusive expression of the terms of their agreement and supersedes all prior agreements and understandings (whether oral or written) between the parties with respect to such subject matter. If there is a conflict between a SOW and this Section 9, and the SOW explicitly states that it intends to modify the conflicting terms, then the SOW will control.
9.3. Each SOW will show the charges for the Evato Professional Services that will be provided. Charges are exclusive of applicable taxes, duties and levies (e.g., VAT, GST, sales tax and use tax). Charges for Evato Professional Services are in addition to any applicable fees for your use of the other Services. You will be invoiced monthly for the Evato Professional Services and you must pay all invoiced amounts in accordance with the terms of the Agreement. Payments for Evato Professional Services are not refundable.
9.4. You acknowledge that we and our affiliates do not provide legal or compliance advice. You are responsible for making your own assessment of your legal and regulatory requirements and whether your proposed use of the Services meets those requirements.
9.5. As stated in the Agreement, you are solely responsible for your use of Third Party Content, and this includes any Third Party Content recommended by us. Other than Third Party Content, Content that we provide as part of the Evato Professional Services is "ETPL Content." You are solely responsible for testing, deploying, maintaining and supporting Content provided or recommended by us.
9.6. Any materials or information that you own or license from a third party that is provided to us for the purposes of the Evato Professional Services are "Your Content." If you choose to provide access to Your Content to us, then you will ensure that you have adequate rights and permissions to do so.
9.7. To the extent that there is a conflict between this Section 9 and any Implementation Services Addendum between you and us or our affiliates, the terms of the Implementation Services Addendum will control, and references to “Implementation Services” in that addendum include “Evato Professional Services.”
- Evato Organizations
10.1. Evato Organizations enables you to (i) create an "Organization" by joining a single ETPL account (the "Master Account") with one or more ETPL accounts (each, a "Member Account"), and (ii) enable only consolidated billing or enable all features. Except as authorized by us, only ETPL accounts used by you, your affiliates, your employees, or your subcontractors currently doing work on your behalf may be joined in an Organization. By joining an Organization as a Member Account, you agree to disclose your billing, account activity, and account information of the Member Account to the Master Account.
10.2. Consolidated Billing. By only enabling consolidated billing, the Master Account will pay all applicable charges for its Organization’s Member Accounts in accordance with the Master Account’s Agreement. If a Master Account is suspended for non-payment, then all Member Accounts in the Organization will be suspended. Master Accounts and Member Accounts are jointly and severally liable for all fees accrued by Member Accounts while the Evato accounts are joined in an Organization.
10.3. All Features. By enabling all features, (i) the consolidated billing terms as described in Section 10.2 will apply to your Organization; (ii) the Master Account will have full access to and control over its Member Accounts; and (iii) the Master Account is jointly and severally liable for any actions taken by its Member Accounts.
10.4. Created accounts. When a Master Account uses Evato Organizations or the CreateLinkedAccount API to create an account ("Created Account"), the Master Account and each Created Account agree as follows: (i) each Created Account will be a member of the Master Account's Organization with the Evato Organizations features that the Master Account enables from time to time; (ii) except as authorized by us, each Created Account is governed by the terms of the Master Account’s Agreement; and (iii) the Master Account is jointly and severally liable for any actions taken by its Created Accounts. Upon account creation, an IAM role is created in the Created Account that grants the Master Account full administrative access to the Created Account.
- Evato Media Services
11.1. The distribution of files created by Evato Media Services may require that you obtain license rights from third parties, including owners or licensors of certain third party audio and video formats. You are solely responsible for obtaining such licenses and paying any necessary royalties or fees.
11.2. We and our affiliates do not represent, warrant or guarantee the quality of any files you create through your use of Evato Media Services or that the files will be of a certain fidelity or error free.
- Evato Single Sign-On (Evato SSO)
13.1. You are responsible for compliance with all end-user agreements and policies for the services or applications you access using Evato Single Sign-On.
- General Data Protection Regulation (GDPR)
14.1. These Service Terms incorporate the ETPL Data Processing Addendum (“ETPL DPA”), available here, when the GDPR applies to your use of the Services to process Customer Data (as defined in the ETPL DPA).
14.2. The ETPL DPA is effective as of 25 May 2018 and replaces and supersedes any previously agreed data processing addendum between you and ETPL relating to the Directive 95/46/EC.