Terms of Service
Last updated: December 2, 2019
Tagplay.co is pleased to give you access to Tagplay’s website and applications, www.tagplay.co (hereafter known as “Tagplay”, “our”, “us” or “we”).
The following terms and conditions govern all use of the Tagplay.co website and all content, services and products available at or through the website. The Website is owned and operated by Tagplay, Inc. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Tagplay’s Privacy Policy and Tagplay’s Data Protection Addendum) and procedures that may be published from time to time on this Site by Tagplay (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to have read and become bound by the terms and conditions of Tagplay’s terms of service, Privacy Policy and Data Protection Addendum. If you are an individual entering into these Terms of Service on behalf of an entity, such as your employer, your represent that you have the legal authority to bind that entity. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Tagplay, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
Your Tagplay Account and Site
If you create an account on the Website, you are responsible for maintaining the security of your account and its content, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the Website. You must not describe or assign content to your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Tagplay may change or remove any content or photos that it considers inappropriate or unlawful, or otherwise likely to cause Tagplay liability. You must immediately notify Tagplay of any unauthorized uses of your account or any other breaches of security. Tagplay will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
Responsibility of Contributors
If you operate an account, post material to the Website, post photos to the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your account is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your account is not named in a manner that misleads your readers or users into thinking that you are another person or company. For example, your websiteʼs URL or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Tagplay or otherwise.
By submitting Content to Tagplay for inclusion on your Website, you grant Tagplay a world-wide, royalty- free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your account. If you delete Content, Tagplay will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Tagplay has the right (though not the obligation) to, in Tagplayʼs sole discretion (i) refuse or remove any content that, in Tagplayʼs reasonable opinion, violates any Tagplay policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Tagplayʼs sole discretion. Tagplay will have no obligation to provide a refund of any amounts previously paid.
Payment and Renewal
General Terms
- In consideration of the right to use Tagplay’s applications, client shall pay to Tagplay the price for each package indicated on the Site.
- All prices are in the currency indicated on the Site and are expressed without VAT. VAT, if applicable, is charged at the end of the registration process where the total amount of the order is indicated.
- Tagplay reserves the right to, and client acknowledges and agrees, that Tagplay may modify, including without limitation the features of the applications on the site, and the costs and Prices associated with the application at any moment and without notice.
- Tagplay shall not be liable to you, or to any third party, for any damages, costs, expenses or other liabilities related to any modification of these Terms and Conditions or Price change.
- Client agrees that all invoices for using the Tagplay services or the Application is accessible by the client in Tagplay’s admin at any time after a customer has committed to a purchase of Tagplay services or the Application.
- If a Tagplay invoice remains unpaid five (5) working days before the end date of the Tagplay Services, the Tagplay Services will be suspended until complete payment of the Price by the Client.
Automatic Renewal
- Unless you notify Tagplay before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time on the website.
Payment conditions
Client shall pay immediately the amount of the price of the
package listed online by credit card over the Stripe payment
solution.
Payment is carried out via an electronic payment terminal
hosted on a secure server, which ensures the security and
validity of transactions. The client's bank details are
encrypted and are never sent to Tagplay.
All payments made to Tagplay are non-refundable and Tagplay
does not offer and is not required to provide, any refunds
or credits. There is no circumstance in which client will be
entitled to, or Tagplay is required to provide, a refund or
credit.
If Stripe payment solution does not accept any credit card
payment, Tagplay will not execute any order and will not
grant any license to use Tagplay’s application.
For Stripe payments, please check also the Stripe’s Privacy
Policy and all Stripe’s Terms and Conditions applicable to
you on Stripe’s internet site. By paying via Stripe, Client
expressly agrees to be bound by Stripe’s Privacy Policy and
Stripe’s Terms and Conditions.
In case of expenses invoiced to Tagplay by Tagplay’s bank
for payment default attributable to the Client (for example,
a lack of funds in the account), all of these expenses will
be invoiced to the Client.
For monthly payment plans, the Service is billed in advance
on a monthly basis and is non-refundable. There will be no
refunds or credits for partial months of service,
upgrade/downgrade refunds, or refunds for months unused with
an open account. In order to treat everyone equally, no
exceptions will be made.
When changing between billing cycles, the next period is
paid immediately, subject to a partial discount amounting to
the value of the unused portion of the current period in the
old billing cycle. For any upgrade or downgrade in plan
level, the price of the new plan will be subject to a
discount amounting to the value of the unused portion of the
previous plan, if any. The price cannot be discounted to be
lower than $0.00.
Downgrading your Service may cause the loss of Content,
features, or capacity of your Account. Tagplay does not
accept any liability for such loss.
You can cancel your payment plan at any time under
Payments/Upgrade your Payment/Cancel Payment Plan in the
global navigation bar at the top left part of the screen.
You are solely responsible for properly canceling your
account. An email or phone request to cancel your account is
not considered cancellation. This information can not be
recovered once your account is cancelled.
If you cancel Tagplay’s service before the end of your
current paid up month, your cancellation will take effect
immediately and you will not be charged again.
Tagplay, in its sole discretion, has the right to suspend
or terminate your account and refuse any and all current or
future use of the Service, or any other Tagplay service, for
any reason at any time. Such termination of the service will
result in the deactivation or deletion of your account or
your access to your account, and the forfeiture and
relinquishment of all content in your account.
Tagplay reserves the right to refuse service to anyone for
any reason at any time.
Tagplay reserves the right at any time and from time to
time to modify or discontinue, temporarily or permanently,
the service (or any part thereof) with or without
notice.
Prices of all services, including but not limited to
monthly subscription plan fees to the service, are subject
to change upon 30 days notice from us. Such notice may be
provided at any time by posting the changes to the Tagplay
Site (Tagplay.co) or the service itself. Tagplay shall not
be liable to you or to any third party for any modification,
price change, suspension or discontinuance of the
Service.
Responsibility of Website Visitors
Tagplay has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that materialʼs content, use or effects. By operating the Website, Tagplay does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non- harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Tagplay disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which we link, and that link to us. Tagplay does not have any control over those websites and webpages, and is not responsible for their contents or their use. By linking to a non-Tagplay website or webpage, Tagplay does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Tagplay disclaims any responsibility for any harm resulting from your use of non-Tagplay websites and webpages.
Copyright Infringement and DMCA Policy
As Tagplay asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Tagplay violates your copyright, you are encouraged to notify Tagplay. Tagplay will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Tagplay will terminate a visitorʼs access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Tagplay or others. In the case of such termination, Tagplay will have no obligation to provide a refund of any amounts previously paid to Tagplay.
Intellectual Property
This Agreement does not transfer from Tagplay to you any Tagplay or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Tagplay. Trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Tagplay or third-party trademarks.
Changes
Tagplay reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Tagplay may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Termination
Tagplay may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Tagplay account (if you have one), you may at any time send an email to support@tagplay.co and request a termination of your account. Customer data will be deleted or transferred to Customer as described in the Tagplay’s Data Processing Terms (Appendix A). To the extent Customer has pre-paid any fees for a specific time period, such termination for convenience will be effective on the date of the termination email sent. For further information regarding the reimbursement please refer to clause 6 above. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties
The Website is provided “as is”. Tagplay and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Tagplay nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Limitation of Liability
In no event will Tagplay, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Tagplay under this agreement during the twelve (12) month period prior to the cause of action. Tagplay shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty
You represent and warrant that (i) your use of the Website will be in strict accordance with the Tagplay Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
Indemnification
You agree to indemnify and hold harmless Tagplay, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneysʼ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
Services analyses
We may:
- Compile statistical and other information related to the performance, operation and use of the Online Services;and
- Use any of your data from the Subscription Environment in an aggregated form for security and operations management, to create statistical analyses, and for research and development purposes.
Data Processing
- We agree to process personal data only in accordance with relevant Data Protection Laws of any EU country and to the extent applicable, the data protection or privacy laws of any other country.
- Data Processing Terms (Appendix A) represents the entire understanding of the parties relating to necessary legal protections arising out of their data controller / processor relationship under the Data Protection Laws. Our Data Protection Addendum available upon request, including the Standard Contractual Clauses as required under Article 28 of the EU General Data Protection Regulation 2016/679 and incorporated by reference into these Terms of Service.
Miscellaneous
This Agreement constitutes the entire agreement between Tagplay and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Tagplay, or by the posting by Tagplay of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of Delaware, United States. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneysʼ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the partiesʼ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Tagplay may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Appendix A
Data Processing Terms
Background and purpose
Customer and Tagplay have entered into an Agreement for the provision of Tagplay Services. All words and expressions used herein shall have the same meaning as defined in the Terms of Service.
These Data Processing Terms regulate the processing of personal data as part of Customer Data provided by Customer while using the Tagplay Services. The purpose of these terms is to regulate rights and obligations under the Act of 14 April 2000 No. 31 relating to the processing of personal data (Personal Data Act) and personal data regulation of 15 December 2000 nr. 1265 (Personal Data Regulation) incorporating EU Directive 9546/EC, as well as the rights and obligations under EU regulation 2016/679. These terms shall ensure that personal data about the data subjects will not be used unlawfully or come into the hands of a third party other than authorized subprocessors.
In so far as Customer Data include personal data, i) Customer is the controller of such personal data, ii) Tagplay is a processor of such data; iii) Customer will comply with its obligations as a controller under the relevant Data Protection Law; and iv) Tagplay will comply with its obligations as a processor under these terms.
These terms only apply as far as Tagplay actually processes personal data as part of the Customer Data. Other data that Tagplay may process is not regulated by these terms. Tagplay will only process the type of personal data that Customer provides to Tagplay via the Tagplay Services, and regarding the types of individuals that Customer provides to Tagplay.
The Customer shall ensure that there is an adequate basis for processing the personal data, including obtaining consent and rights from the data subject to the extent required by applicable privacy regulations.
In the instances where the Customer collects and transfers personal data to Tagplay as a Controller, it is required to have adequate and up-to-date contact information regarding the Customer’s representative and Data Protection Officer (DPO) in the account management interface.
Tagplay's general duties
Tagplay shall only process personal data it may access as part of fulfilling its contractual obligations to the Customer. Tagplay has no right to hand over personal data to unauthorized third parties.
Tagplay shall follow the procedures and instructions for the processing of personal data that the Customer has reasonably laid out, and to the extent necessary to comply with applicable law. This includes but is not limited to instructions provided by Customer as part of operating the Tagplay Services through the Tagplay platform.
The Customer shall only provide Tagplay with instructions that are in accordance with current applicable law. Tagplay is obliged to inform the Customer if Tagplay believes that a given instruction is not in accordance with applicable law. Tagplay will in accordance with EU Regulation 2016/679 article 28 (h) make available to Customer all information necessary to demonstrate compliance with the obligations laid down in said article and allow for and contribute to audits, including inspections, conducted by the Customer or another auditor mandated by the Customer.
Upon Customer's request, Tagplay is obliged to provide necessary assistance for the Customer to access the data processed on behalf of the Customer. Employees of Tagplay can’t publish or modify content on an end user’s behalf without the express prior written consent of the applicable Customer and/or end user.
Tagplay has a duty of confidentiality regarding personal data that it has access to in accordance with this Agreement. This also applies after the Agreement with Customer terminates. Tagplay shall ensure that persons authorized to process personal data on behalf of Tagplay are subject to confidentiality by law or contract.
Tagplay shall, considering the nature of the processing, as far as possible and with appropriate technical and organizational means, assist the Customer in answering the data subject's requests for fulfillment of the data subject's rights under the applicable Data Protection Law. Correspondingly, the Customer may require that Tagplay shall assist the Customer under any inspection by the relevant data protection authority.
Tagplay shall, considering which personal data is available for them and the nature of the processing, assist the Customer in complying with the information security requirements, notification requirements for data protection authorities and the data subjects, as well as impact assessments, pursuant to Articles 32-36 of EU Regulation 2016/679.
Any assistance required by Customer under this Section 2 shall be compensated according to the applicable hourly rates agreed between the parties, or, if no hourly rates are agreed upon, by the current regular and reasonable fees for such services.
Location of data
Tagplay uses services provided by Google Ireland Limited, with offices at Gordon House, Barrow Street, Dublin 4, Ireland ("Google"). Google act as a subcontractor and Data Processor, inter alia for hosting our services. Your personal data will be stored on servers within the EU/EEA. More specifically, Tagplay uses Google Compute Engine servers and Google Container Engine clusters at data centers in London, United Kingdom across any of Google Cloud’s EU data centers for storage and analysis of access and application logs, and Google Cloud Storage across any of Google Cloud’s EU data centers for storage of user-uploaded files and backups (see more information here:https://cloud.google.com/about/locations/).
Your data may be stored transiently or cached in any country in which Google or its agents maintain facilities. If personal data in this context should be transferred outside the EU/EEA, adequate safeguards as to such transfer to third countries are in place, such as transfer to companies in the USA that are covered by the EU-U.S. privacy shield or under agreement governed by the EU standard clauses accepted by the European Commission. Google's terms and conditions for processing of personal data are available here: https://cloud.google.com/terms/data-processing-terms and are incorporated herein by reference.
Use of subprocessors
Tagplay uses Google as subcontractor and Data Processor (subprocessor) for your Customer Data. We also use a range of third-party processors for processing Tagplay-controlled data as part of providing our services. A list of our subprocessors and terms is provided for your information in our privacy policy Appendix 1. Customer agrees that Tagplay may engage subprocessors to process Personal Data for the benefit of its Services to the Customer.
Tagplay shall only use subprocessors to process personal data that are authorized by the Customer. Customer hereby authorize the use of any subprocessors listed in our privacy policy Appendix A. Tagplay will not notify the customer before changing subprocessors that process Customer Data, and Customer may object to such appointment by terminating the Agreement immediately by written notice to Tagplay as laid out under the General Terms and Conditions on condition that Customer provides such notice within 90 days of being informed of the engagement of the subprocessor. The customer accepts that Tagplay may change subprocessors for Tagplay-controlled data upon its own discretion, as long as the data, terms, and purposes of the processing are compatible with out current terms of service - such change of subprocessors should be notified by the updating of the list of subprocessors in our privacy policy Appendix 1.
Anyone who, on behalf of Tagplay, carries out assignments in which the use of the personal data in question is included, shall be subject to similar obligations to Tagplay pursuant to our Data Processing Terms.
Security and Data Incidents
Tagplay will comply with the requirements for security measures under the Personal Data Act and the Personal Data Regulation, including particularly the Personal Data Act section 13-15 with regulations, as well as Article 32 of EU Regulation 2016/679. Tagplay shall document procedures and other measures to meet these requirements. The documentation shall be made available upon the Customer's request.
If Tagplay becomes aware of a security breach ("Data Incident"), Tagplay will promptly notify Customer of the Data Incident, and take reasonable steps to minimize harm and secure Customer Data. Notification(s) of any Data Incident(s) will be delivered to the email address provided by Customer to Tagplay, or, at Tagplay’s discretion, by direct Customer communication (e.g., by phone call or an in-person meeting). Customer acknowledges that it is solely responsible for ensuring that the contact information set forth above is current and valid, and for fulfilling any third-party notification obligations. Customer agrees that “Data Incidents” do not include: (i) unsuccessful access attempts or similar events that do not compromise the security or privacy of Customer Data, including pings, port scans, denial of service attacks, and other network attacks on firewalls or networked systems; or (ii) accidental loss or disclosure of Customer Data caused by Customer’s use of the Services or Customer’s loss of account authentication credentials. Tagplay’s obligation to report or respond to a Data Incident under this Section will not be construed as an acknowledgement by Tagplay of any fault or liability with respect to the Data Incident.
Any notice for Data Incidents pursuant to the applicable Data Protection Law shall be effected by Tagplay to the Customer without undue delay and as far as possible within the deadlines provided by applicable regulations, hereunder EU Regulation 2016/679, Article 33.
Data Correction, Blocking, Exporting, and Deletion
During the Term, Tagplay will provide Customer with the ability to correct, block, export and delete Customer Data in a manner consistent with the functionality of the Tagplay Services or through an email: support@tagplay.co and the Agreement. Once Customer deletes Customer Data via the Tagplay Services so that the Customer Data cannot be recovered by Customer, Tagplay will delete this Customer Data within a maximum period of 180 days, unless applicable legislation or legal process prevents Tagplay from doing so. On the expiry of the Term (or, if applicable on expiry of any post-termination period during which Tagplay may agree to continue providing access to the Tagplay Services), after a recovery period of up to 30 days following such expiry or termination, Tagplay will thereafter delete the Customer-deleted Data within a maximum period of 180 days, unless applicable legislation or legal process prevents Tagplay from doing so.
Access; Export of Data
During the Term, Tagplay will make available to Customer the Customer Data in a manner consistent with the functionality of the Tagplay Services and in accordance with these terms. To the extent Customer, in its use and administration of the Tagplay Services does not have the ability to amend or delete Customer Data (as required by applicable law), or migrate Customer Data to another system or service provider, Tagplay will, at Customer’s reasonable expense, comply with any reasonable requests from Customer to assist in facilitating such actions to the extent Tagplay is legally permitted to do so and has reasonable access to the relevant Customer Data.
Changes and duration of these terms
These Data Processing Terms may be amended as necessary and agreed between the parties. This may for example be relevant for product development, changes in customer service agreements or Tagplay’s subcontracting agreements. In case of product development that entails changes in which personal data is processed, the agreement must be amended.
These Data Processing Terms apply between the parties as long as Tagplay processes personal Data on behalf of the Customer.
In case of breach of these terms or the Personal Data Act, the Customer may order Tagplay to stop further processing of the Data with immediate effect.
Termination
Upon termination of the Agreement, Tagplay shall delete or properly destroy all documents and data containing personal data covered by the Agreement as laid out in Section 7 above. This also applies to any backups.
The above applies only if nothing else follows from an explicit agreement between the parties or applicable law, such as an obligation to store data for specific purposes.
Breach of contract
Upon breach of these Data Processing Terms, the regulation on indemnification, liability and limitation of liability in the Terms of Services applies.