Thank you for using FastField Mobile Forms (“Services”)
Last updated: April 15th, 2018 - Currently Effective
You indicate your agreement and consent to these Terms by clicking or tapping on a button indicating your acceptance of these Terms, by executing a document that references them, or by using the Services.
If you will be using the Services on behalf of an organization, you agree to these Terms on behalf of that organization and you represent that you have the authority to do so. In such case, “you” and “your” will refer to that organization.
Certain country-specific terms in Section 14 may apply to you if you are located outside the United States.
1. Fees and Payments
1.1. Fees for Services.
You agree to pay to Merge Mobile Inc. any fees for each Service you purchase or use (including any overdue fees), in accordance with the pricing and payment terms presented to you for that Service. Where applicable, you will be billed using the billing plan you selected and accepted through the subscription process and visible under your account management / billing plan page. Fees paid by you are non-refundable, except as provided in these Terms or when required by law.
Some of our Services are billed on a subscription basis (we call these “Subscriptions”). This means that you will be billed on a recurring, periodic basis (each period is called a “billing cycle”). Billing cycles are typically monthly or annual, depending on what subscription plan you select when purchasing a Subscription. Your Subscription will automatically renew at the end of each billing cycle unless you cancel your account through the Account management page, or by requesting a cancelation by emailing email@example.com
. You may cancel your Subscription at any time, in which case your Subscription will continue until the end of that billing cycle before terminating.
Your current billable usage is shown in the "Your Current Invoice" section. The total amount shown represents what you will be billed if you convert your trial now.
If you are already in a paid plan this amount represents what your next recurring bill would be if the billing cycle ended now.You may cancel your subscription at any time. Upon cancellation, you will be billed for any usage accrued during the billing period up until the time of cancellation.
1.2.1 Registered Users and Billing Activity
Unless otherwise agreed upon, billing is based on the count of registered users in your organization's account. All users that exist in your organization's account are considered active. Disabling a user account doesn't exclude them from your billing activity, but simply removes their access and permissions to submit additional forms.
Unless otherwise stated, you are responsible for any taxes (other than Merge Mobile’s income tax) or duties associated with the sale of the Services, including any related penalties or interest (collectively, “Taxes”). You will pay Merge Mobile, Inc. for the Services without any reduction for Taxes. If Merge Mobile, Inc. is obliged to collect or pay Taxes, the Taxes will be invoiced to you, unless you provide Merge Mobile, Inc. with a valid tax exemption certificate authorized by the appropriate taxing authority or other documentation providing evidence that no tax should be charged. Merge Mobile, Inc. will not charge you VAT if you provide us with a VAT number issued by a taxing authority in the European Union, are purchasing the Services from Merge Mobile, Inc. for business reasons, and are located in a different European Union member state from Merge Mobile, Inc. If you are required by law to withhold any Taxes from your payments to Merge Mobile, Inc., you must provide Merge Mobile, Inc. with an official tax receipt or other appropriate documentation to support such payments.
1.4. Price Changes.
1.4. Price Changes. Merge Mobile, Inc. may change the fees charged for the Services at any time, provided that, for Services billed on a subscription basis, the change will become effective only at the end of the then-current billing cycle of your Subscription. Merge Mobile, Inc. will provide you with reasonable notice of any change in fees to give you an opportunity to cancel your Subscription before the change becomes effective.
1.5. Overage/Late Fees.
Unless otherwise stated, any overage fees incurred by you will be billed in arrears on a monthly basis. Overage fees which remain unpaid for 30 days after being billed are considered overdue. Failure to pay overage fees when due may result in the applicable Service being limited, suspended, or terminated (subject to applicable legal requirements), which may result in a loss of your data associated with that Service.2. Privacy
2.2. European Union Obligations
If you are a customer who is operating as “data controller” as defined in the European General Data Protection Regulation (“GDPR”), additional terms apply. For specific terms regarding GDRP, please refer to section 14.
2.3. Confidentiality. Merge Mobile, Inc.
will treat your Content as confidential information and only use and disclose it in accordance with these Terms (including our privacy policies). However, your Content is not regarded as confidential information if such Content:
(a) is or becomes public (other than through breach of these Terms by Merge Mobile, Inc.);
(b) was lawfully known to Merge Mobile, Inc. before receiving it from you;
(c) is received by Merge Mobile, Inc. from a third party without knowledge of breach of any obligation owed to you; or (d) was independently developed by Merge Mobile, Inc. without reference to your Content.
Merge Mobile will store and process your Content in a manner consistent with industry security standards. We have implemented appropriate technical, organizational, and administrative systems, policies, and procedures designed to help ensure the security, integrity, and confidentiality of your Content and to mitigate the risk of unauthorized access to or use of your Content.3. Your Content
3.1. You Retain Ownership of Your Content.
You retain ownership of all of your intellectual property rights in your Content. Merge Mobile, Inc. does not claim ownership over any of your Content. These Terms do not grant us any licenses or rights to your Content except for the limited rights needed for us to provide the Services and as outlined in our privacy policies, and as otherwise described in these Terms.
3.2. Limited Access to Your Content.
Merge Mobile, Inc. will not distribute, copy or reuse your Content in any way other for the limited purposes of providing the Services to you and as otherwise permitted by Merge Mobile, Inc.’s privacy policies. If you provide Merge Mobile, Inc. with feedback about the Services, we may use your feedback without any obligation to you.
3.3. Copyright Claims.
Merge Mobile, Inc. Inc. responds to notices of alleged copyright infringement in accordance with the U.S. Digital Millennium Copyright Act (DMCA). If you believe that your work has been exploited in a way that constitutes copyright infringement, please notify us at firstname.lastname@example.org
3.4. Other IP Claims.
Merge Mobile, Inc. respects the intellectual property rights of others, and we expect our users to do the same. If you believe you’ve witnessed any infringing upon your intellectual property rights within our product, please notify us at email@example.com
. Claims of copyright infringement should follow the DMCA process outlined in these Terms, or any equivalent process available under local law.4. Merge Mobile, Inc. IP
4.1. Neither these Terms nor your use of the Services grants you ownership in the Services or the content you access through the Services (other than your Content collected through the forms you use or enter in through our Services). Except as permitted by Merge Mobile, Inc.’s, these Terms do not grant you any right to use Merge Mobile, Inc.’s trademarks or other brand elements.5. User Content
5.1. User Content.
Our Services display content provided by others that is not owned by Merge Mobile, Inc.. Such content is the sole responsibility of the entity that controls it and makes it available. Correspondingly, you are responsible for your own Content and you must ensure that you have all the rights and permissions needed to use that Content in connection with the Services. Merge Mobile, Inc. is not responsible for any actions you take with respect to your Content, including sharing it publicly either through our Services or by any other means. Please do not use content from the Services unless you have first obtained the permission and consent of its owner, or are otherwise authorized by law to do so.
5.2. Content Review.
You acknowledge that, in order to ensure compliance with legal obligations, Merge Mobile, Inc. may be required to review certain content submitted to the Services to determine whether it is illegal or whether it violates these Terms (such as when unlawful content is reported to us). We may also modify, prevent access to, delete, or refuse to display content that we believe violates the law or these Terms. However, Merge Mobile, Inc. otherwise has no obligation to monitor or review any content submitted to the Services.6. Account Management
6.1. Keep Your Password Secure and Safe.
When you setup a password in connection with your use of the Services, you are responsible for safeguarding your password and any other credentials used to access that account. You, and not Merge Mobile, Inc., are responsible for any activity occurring in your account (other than activity that Merge Mobile, Inc. is directly responsible for which is not performed in accordance with the Customer’s instructions), whether or not you authorized that activity. If you become aware of any unauthorized access to your account, you should notify Merge Mobile, Inc. immediately. Accounts may not be shared and may only be used by one individual per account.
6.2. Keep Your Details Accurate.
Merge Mobile, Inc. occasionally sends notices to the email address registered with your account. You must keep your email address and, where applicable, your contact details and payment details associated with your account current and accurate. Accounts are controlled by the entity whose email address is registered with the account.
6.3. You are the Controller of your Form Data.
You are responsible for the definition and maintenance of your own Forms. By defining your forms, you control the content you are collecting. It is your responsibility to review the setup and configuration of your Forms and their respective Delivery, Workflow and Account settings so you safeguard any sensitive data you are collecting through our Services. For example, our Services allow you to distribute form results through email integrations. This is not intended to be used with Forms used to collect private or sensitive data. It is your responsibility to ensure that you protect the data you collect and to avoid using features that may distribute your data inadvertently to the wrong recipient or through less secure delivery channels.
6.4. Remember to Backup.
You are responsible for maintaining, protecting, and making backups of your Content. To the extent permitted by applicable law, Merge Mobile, Inc. will not be liable for any failure to store, or for loss or corruption of, your Content.
6.5. Inactive Accounts.
Merge Mobile, Inc. may terminate your account and delete any content contained in it if there is no account activity (such as a log in event or payment) for over 6 months. However, we will attempt to contact you before terminating your account to provide you with an opportunity to log in to your account so that it remains active.7. User Requirements
7.1. Legal Status.
If you are an individual, you may only use the Service if you have the power to form a contract with Merge Mobile, Inc.. If you are not an individual, you warrant that you are validly formed and existing under the laws of your jurisdiction of formation and that you have duly authorized your agent to bind you to these Terms.
“Minors” are individuals under the age of 13 (or under a higher age if permitted by the laws of their residence). In some countries this age may be the age 16. None of the Services are intended for use by Minors. If you are a Minor, you may not use the Services. By using the Services, you represent and warrant that you are not a Minor.
You may only use the Services if you are not barred under any applicable laws from doing so. If you are located in a country embargoed by United States or other applicable law from receiving the Services, or are on the U.S. Department of Commerce’s Denied Persons List or Entity List, or the U.S. Treasury Department’s list of Specially Designated Nationals, you are not permitted to purchase any paid Services from Merge Mobile, Inc.8. Acceptable Permissible Usage
8.1. Legal Compliance.
You must use the Services in compliance with, and only as permitted by, applicable law.
8.2. Your Responsibilities.
You are responsible for your conduct, Content, and communications with others while using the Services. You must comply with the following requirements when using the Services:
(a) You may not misuse our Services by interfering with their normal operation, or attempting to access them using a method other than through the interfaces and instructions that we provide.
(b) You may not circumvent or attempt to circumvent any limitations that Merge Mobile, Inc. imposes on your account (such as by opening up a new account to conduct complete a form that we have closed for a Terms violation).
(c) Unless authorized by Merge Mobile, Inc. in writing, you may not probe, scan, or test the vulnerability of any Merge Mobile, Inc. system or network.
(d) Unless permitted by applicable law, you may not deny others access to, or reverse engineer, the Services, or attempt to do so.
(e) You may not transmit any viruses, malware, or other types of malicious software, or links to such software, through the Services.
(f) You may not engage in abusive or excessive usage of the Services, which is usage significantly in excess of average usage patterns that adversely affects the speed, responsiveness, stability, availability, or functionality of the Services for other users. Merge Mobile, Inc. will endeavor to notify you of any abusive or excessive usage to provide you with an opportunity to reduce such usage to a level acceptable to Merge Mobile, Inc..
(g) You may not use the Services to infringe the intellectual property rights of others, or to commit an unlawful activity.
(h) Unless authorized by Merge Mobile, Inc. in writing, you may not resell or lease the Services.
(i) If your use of the Services requires you to comply with industry-specific regulations applicable to such use, you will be solely responsible for such compliance, unless Merge Mobile, Inc. has agreed with you otherwise. You may not use the Services in a way that would subject Merge Mobile, Inc. to those industry-specific regulations without obtaining Merge Mobile, Inc.’s prior written agreement. For example, you may not use the Services to collect, protect, or otherwise handle “protected health information” (as defined in 45 C.F.R. §160.103 under United States federal regulations) without entering into a separate business associate agreement with Merge Mobile, Inc. that permits you to do so.
(j) Shared user accounts are not permissible with the Services. A shared account is defined as more than one individual using a single user login to access the Services. Each individual logging into the application and administration tools must use a unique and separate user account. The Services will restrict shared usage and Merge Mobile reserves the right to terminate an account if it is determined that there was an effort to circumvent shared usage restrictions.
(k) You may not use or access the Services for the intent and purpose of gaining knowledge to build a competitive service or for any other competitive purposes.
(l) You are prohibited from using “bots” or other automated methods to interact with our Administration Portal or other Services.
(m) You are prohibited from abusing our trial process by starting multiple trials for the purpose of avoiding payment of a subscription fee for our Services.
(n) To help protect the security of the individuals using our services and data subjects connected to our Customers, we strictly prohibit the use of our Services for the following:
-Collecting credit card numbers, passwords or other highly sensitive data.
-To distribute links or content tied to malicious software such as viruses or malware.
-To spam individuals in any way, wether the individuals are users of our Customer's account or not.
-To perform any criminal activity.
-To promote or incite violence of any kind.
-Incorporating into your forms, content that you don't own or violates Intellectual Property right.
-To impersonate or mislead individuals in any way.
If you identify forms or content that you believe violate this policy, please report this to us at firstname.lastname@example.org
9. Suspension and Termination of Services
9.1. By You.
If you terminate a Subscription in the middle of a billing cycle, you will not receive a refund for any period of time you did not use in that billing cycle unless you are terminating the Agreement for our breach and have so notified us in writing, or unless a refund is required by law.
9.2. By Merge Mobile, Inc.
Merge Mobile may limit, suspend, or stop providing the Services to you if you fail to comply with these Terms (such as a failure to pay fees when due), or if you use the Services in a way that causes legal liability to us or disrupts others’ use of the Services. Merge Mobile, Inc. may also suspend providing the Services to you if we are investigating suspected misconduct by you. If we suspend or terminate the Services you receive, we will endeavor to give you advance notice and an opportunity to export a copy of your Content from that Service. However, there may be time sensitive situations where Merge Mobile, Inc. may decide that we need to take immediate action without notice. Merge Mobile, Inc. has no obligation to retain your Content upon termination of the applicable Service.
9.3. Further Measures.
If Merge Mobile, Inc. stops providing the Services to you because you repeatedly or egregiously breach these Terms, Merge Mobile, Inc. may take measures to prevent the further use of the Services by you, including blocking you and your users' IP addresses.10. Changes and Updates
10.1. Changes to Terms.
Merge Mobile, Inc. may change these Terms at any time for a variety of reasons, such as to reflect changes in applicable law or updates to Services, and to account for new Services or functionality. Any changes will be posted to the location at which those terms appear. Merge Mobile, Inc. may also provide notification of changes on its blog or via email. Changes will be effective no sooner than the day they are publicly posted. In order for certain changes to become effective, applicable law may require Merge Mobile, Inc. to obtain your consent to such changes, or to provide you with sufficient advance notice of them. If you do not want to agree to any changes made to the terms for a Service, you should stop using that Service, because by continuing to use the Services you indicate your agreement to be bound by the updated terms.
10.2. Changes to Services.
Merge Mobile, Inc. continually modifies and improves the Services. Merge Mobile, Inc. may add, alter, or remove functionality from a Service at any time without prior notice. Merge Mobile, Inc. may also limit, suspend, or discontinue a Service at its discretion. If Merge Mobile, Inc. discontinues a Service, we will give you reasonable advance notice to provide you with an opportunity to export a copy of your Content from that Service. Merge Mobile, Inc. may remove content from the Services at any time in our sole discretion, although we will endeavor to notify you before we do that if it materially impacts you and if practicable under the circumstances.11. Disclaimers and Limitations of Liability
While it is in Merge Mobile, Inc.’s interest to provide you with the best user experience possible, there are certain things we cannot promise. We try to keep our online Services up, but they may be unavailable from time to time for various reasons. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND MERGE MOBILE, INC. DOES NOT MAKE WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OR ANY REGARDING AVAILABILITY, RELIABILITY, OR ACCURACY OF THE SERVICES.
11.2. Exclusion of Certain Liability.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, MERGE MOBILE, INC., ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF USE, LOSS OF DATA, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS, AND WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF MERGE MOBILE, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
11.3. Limitation of Liability.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF EACH OF MERGE MOBILE, INC., ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS PAID BY YOU TO MERGE MOBILE, INC. FOR USE OF THE SERVICES AT ISSUE DURING THE 3 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY; AND (B) US$25.00.
We acknowledge that the laws of certain jurisdictions provide legal rights to consumers that may not be overridden by contract or waived by those consumers. If you are such a consumer, nothing in these Terms limits any of those consumer rights.
If you are a business, you will indemnify and hold harmless Merge Mobile, Inc. and its affiliates, officers, agents, and employees from all liabilities, damages, and costs (including settlement costs and reasonable attorneys’ fees) arising out of a third party claim regarding or in connection with your use of the Services or a breach of these Terms, to the extent that such liabilities, damages and costs were caused by you.12. Contracting Entity
12.1. Who you are contracting with.
Unless otherwise specified in relation to a particular Service, the Services are provided by, and you are contracting with, Merge Mobile, Inc.
12.2. Merge Mobile, Inc.
For any Service provided by Merge Mobile, Inc. Inc., the following provisions will apply to any terms governing that Service:Contracting Entity. References to “Merge Mobile, Inc.”, “we”, “us”, and “ our” are references to Merge Mobile, Inc. Inc., located at 1311 Calle Batido, Suite 240. San Clemente, CA 92673, United States of America. Governing Law. Those terms are governed by the laws of the State of California (without regard to its conflict of laws provisions). Jurisdiction. Except if prohibited by applicable law, each party submits to the exclusive jurisdiction of the state courts located in Orange County, California, and the federal courts located in the Orange County California with respect to the subject matter of those terms.13. Other Terms
You may not assign these Terms without Merge Mobile, Inc.’s prior written consent, which may be withheld in Merge Mobile, Inc.’s sole discretion. Merge Mobile, Inc. may assign these Terms at any time without notice to you.
13.2 Entire Agreement.
These Terms (including the Additional Terms) constitute the entire agreement between you and Merge Mobile, Inc., and they supersede any other prior or contemporaneous agreements, terms and conditions, written or oral concerning its subject matter. Any terms and conditions appearing on a purchase order or similar document issued by you do not apply to the Services, do not override or form a part of these Terms, and are void.
13.3 Independent Contractors.
The relationship between you and Merge Mobile, Inc. is that of independent contractors, and not legal partners, employees, or agents of each other.
The use of the terms “includes”, “including”, “such as”, and similar terms, will be deemed not to limit what else might be included
.13.5 No Waiver.
A party’s failure or delay to enforce a provision under these Terms is not a waiver of its right to do so later.
To the extent any conflict exists, the Additional Terms prevail over this TOU with respect to the Services to which the Additional Terms apply.14. European Union Policies and GDPR
Under the GDPR guidelines, the Customer is the controller of Customer Data collected through the Customer's forms and Merge Mobile is the processor of this data.
14.1 Right of Withdrawal.
In certain European countries, you have a legal right to cancel Subscriptions within a certain period of time. For details, see the country-specific terms for your country and our Subscription Cancellation Policy (Europe only).
14.2 GDPR Terms for Customers in Europe14.2.1 Effective Date and Definitions.
These additional terms will apply to you from May 25, 2018, where you are a customer of Merge Mobile and are operating as a "data controller" (as that term is defined in the GDPR) in your use of the Services.
14.2.2 Processing Instruction.
By using our Services and agreeing to these Terms and the Merge Mobile privacy policies, you are providing us with instructions to process any personal data collected by you through our Services, on your behalf.
14.2.3 Customer Obligations.
You shall ensure and hereby warrant and represent that you are entitled to submit and transfer personal data to Merge Mobile so that Merge Mobile may lawfully process and transfer the personal data in accordance with these Terms. You shall ensure that relevant data subjects have been informed of, and have given their consent to, such use, processing, and transfer as required by all applicable data protection laws and have sole responsibility for the accuracy, quality and legality of personal data processed by Merge Mobile in the provision of the Services.
14.2.4 Merge Mobile Obligations.
Where Merge Mobile is processing personal data on your behalf, it will:
(a) only do so on your documented instructions and in accordance with applicable law, including with regard to transfers of personal data to a third country or an international organization, and the parties agree that these terms and the Merge Mobile privacy policies constitute such documented instructions;
(b) ensure that all Merge Mobile personnel involved in the processing of personal data have committed themselves to confidentiality;
(c) where applicable to you and where it is technically feasible, make available information necessary for you to demonstrate compliance with your obligations under Article 28 of the GDPR, where such information is held by Merge Mobile and is not otherwise available to you through your account and user areas or on Merge Mobile websites, provided that you provide Merge Mobile with at least 14 days’ written notice of such an information request;
(d) promptly notify you of all requests received directly from a data subject in respect of that data subject's personal data submitted through the Services;
(e) upon deletion by you, not retain personal data from within your account other than in order to comply with applicable laws and regulations and as may otherwise be kept in routine backup copies made for disaster recovery and business continuity purposes (which are also deleted no later than 9-12 months after data is deleted from an account); and
(f) to the extent reasonably able, assist you as reasonably required (at your expense) where you wish to conduct a data protection impact assessment involving the Services.
14.2.5 Merge Mobile sub-processors.
Merge Mobile uses 3rd party partners in facilitating certain elements of our Services ("sub-processors"). By agreeing to these Terms, you provide a general authorization to Merge Mobile to engage sub-processors, subject to compliance with the requirements set out here. If you wish to receive a list of sub-processors who handle personal data for Merge Mobile please request a list of sub-processors by contact us at email@example.com
We will return a list of sub-processors currently used by our Service. We will also, add you to a list to be notified in the event we add an additional sub-processor in the future. If you object to a particular sub-processor, who we cannot disassociate from your Services, your sole remedy will be to terminate your subscription relating to the Services that cannot be reasonably provided without the objected-to new sub-processor. Such termination will be without a right of refund for any fees prepaid by you for the period following termination.
Merge Mobile will be liable for the acts and omissions of its sub-processors to the same extent Merge Mobile would be liable if performing the services of each of those sub-processors directly under these Terms, except as otherwise set forth in these Terms and Merge Mobile ensures that all sub-processors on the sub-processor list are bound by contractual terms that are in all material respects no less onerous than those contained in these Terms.14.2.8 Security Incident.
If Merge Mobile becomes aware of any unauthorized or unlawful access to your personal or form data, Merge Mobile will take reasonable steps to notify you within 72 hours of becoming aware of the Security Incident. Merge Mobile will also reasonably cooperate with you with respect to any investigations relating to a Security Incident with preparing any required notices, and provide any other information reasonably requested by you in relation to any Security Incident, where such information is not already available to you in your online Administration Account through updates provided by Merge Mobile.14.2.9 Audits.
You will allow one month for Merge Mobile to respond to any audit request which you make. No person/party conducting an audit on your behalf, shall be, or shall act on behalf of, a competitor of Merge Mobile (“Auditor”). You will only be entitled to conduct an audit once per year (during the course of a 12 month subscription) unless otherwise legally compelled or required by a regulator with established authority over you to perform or facilitate the performance of more than 1 audit in that same year (in which circumstances you and Merge Mobile will, in advance of any such audits, agree upon a reasonable reimbursement rate for Merge Mobile's audit expenses). The scope of an audit will be as follows (unless you are compelled by a regulator with authority over the processing activities involving the Services to vary this format for audit):
(a) Merge Mobile agrees, subject to any appropriate and reasonable confidentiality restrictions, to provide evidence of any security standards it maintains and will, on request, make available to you a summary of Merge Mobile's most recent security tests, which summary shall include remedial actions taken by Merge Mobile resulting from such security tests.
(b) The scope of the certifications and penetration tests provided will be limited to Merge Mobile systems, processes, and documentation relevant to the processing and protection of personal data undertaken for the Services obtained by you, and Auditor will conduct audits subject to any appropriate and reasonable confidentiality restrictions requested by Merge Mobile.
(c) You will promptly notify and provide Merge Mobile with full details regarding any perceived non-compliance or security concerns discovered during the course of an audit.The parties agree that, except as otherwise required by order or other binding decree of a regulator with authority over you, this section sets out the entire scope of your audit rights as against Merge Mobile.
14.2.10 International Transfer.
To the extent applicable, Merge Mobile relies upon (i) Merge Mobile's Privacy Shield certification; (ii) standard contractual clauses, for data transfer to the United States to Merge Mobile, Inc. Merge Mobile also relies on standard contractual clauses for data transfers to other third parties based in countries outside the European Economic Area, the United States, or countries that do not have adequate levels of data protection as determined by the European Commission. To the extent applicable, you can enter into an additional Data Processing Agreement with Merge Mobile in which supplement the terms of this agreement. Where there is a conflict between the terms of a separate Data Processing Agreement with standard contractual clauses and these Terms, the terms of the Data Processing Agreement with standard contractual clauses will prevail.
14.2.11 Liability for Data Processing.
The parties’ respective aggregate liability whether in contract, tort (including negligence), breach of statutory duty, or otherwise for any and all claims arising out of or in connection with this Section 14 shall be as set out in these terms, unless otherwise agreed in writing.