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Each party expressly agrees that this Agreement is legally binding upon it Miro uses reasonable technical and organizational measures designed to protect the Service and Customer Content as described in the Security Policy User means any individual that Customer or its Affiliate permits or invites to use the Service as further described in the Documentation Similarly our partners may use cookies to provide us with information about your interactions with their services This Agreement may be executed in counterparts including electronic copies and PDFs each of which is deemed an original and which together form one and the same agreement Technical Services means any training enablement or other technical services provided by Miro related to the Service as identified in an Order Security Policy means the Miro Security Policy the current version of which is here Confidential Information means information disclosed to the receiving party under this Agreement that is designated by the disclosing party as proprietary or confidential or that should be reasonably understood to be proprietary or confidential due to its nature and the circumstances of its disclosure Policies means the Privacy Policy Security Policy and Support Policy These include cookies that can tell us which language you prefer and what your communications preferences are Except for Customer s use rights in this Agreement Miro and its licensors retain all intellectual property and other rights in the Service any Technical Services deliverables and related Miro technology templates formats and dashboards including any modifications or improvements to these items made by Miro Because there is not yet a common understanding of how to interpret Do Not Track signals we do not currently respond to Do Not Track signals Miro offers a unique Service for visual collaboration that is designed to allow Users to create collaborate and centralize communication through interactive online virtual whiteboards By indicating your acceptance of this Agreement or accessing or using the Service you are agreeing to be bound by the terms and conditions of this Agreement Customer grants Miro the non exclusive worldwide right to use copy store transmit and display Customer Content and to modify and create derivative works of Customer Content for reformatting or other technical purposes but only as necessary to provide the Service Support and any Technical Services to Customer under this Agreement Customer Content means any data content or materials that Customer including its Users creates within or submits to the Service including from Third Party Platforms This Agreement will bind and inure to the benefit of each party s permitted successors and assigns Excluded Claims means a Customer s breach of Sections 7 9 Restrictions or 5 Customer Obligations b either party s breach of Section 65 Confidentiality but excluding claims relating to Customer Content c amounts payable to third parties under Customer s obligations in Section 69 7 Indemnification by Customer d either party s willful misconduct or e Miro s performance of the Service that results in death personal injury or damage to tangible property If any provision of this Agreement is held invalid illegal or unenforceable it will be limited to the minimum extent necessary so the rest of this Agreement remains in effect Waivers must be signed by the waiving party s authorized representative and cannot be implied from conduct Alternatively an Affiliate of Customer may enter its own Order s as mutually agreed with Miro and this creates a separate agreement between the Affiliate and Miro that incorporates this Agreement with the Affiliate treated as Customer Miro does not control and has no liability for Third Party Platforms including their security functionality operation availability or interoperability or how the Third Party Platforms or their providers use Customer Content Customer may have other statutory rights but pozhelaniye.ru statutorily required warranties will be limited to the shortest legally permitted period Customer may use Technical Services deliverables only as part of its authorized use of the Service subject to the same terms as for the Service in Section 7 The Service and Section 5 Customer Obligations Web beacons are used to identify each of our pages in order to be analyzed by our system tools Miro may generate and use Usage Data to operate improve analyze and support the Service and for other lawful business purposes We may update this Cookie Policy from time to time to reflect our current practice and ensure compliance with applicable laws For example we use Google Analytics to help us understand how users engage with our Services compile reports and improve our Services Customer may choose to use the Service with Third Party Platforms However Miro may include Customer and its trademarks in Miro s customer lists and promotional materials but will cease this use at Customer s written request Support Policy means the Miro Support Policy the current version of which is here Trials and Betas are optional and either party may terminate Trials and Betas at any time for any reason Each party agrees to comply with the DPA Third party cookies enable third party features or functionality to be provided on or through the website e g interactive content and analytics When we post changes to this Cookie Policy we will revise the Last Updated date at the top of the page The disclaimer in this Section 68 6 Consequential Damages Waiver will not apply to the extent prohibited by Laws Except for Excluded Claims neither party nor its suppliers will have any liability arising out of or related to this Agreement for any loss of use lost data lost profits failure of security mechanisms revenues goodwill interruption of business or any indirect special incidental reliance or consequential damages of any kind even if informed of their possibility in advance government list of prohibited or restricted parties or located in or a national of a country that is subject to a U S government as a terrorist supporting country b agrees not to access or use the Service in violation of any U S Miro is not liable for delays failures or problems inherent in use of the Internet and electronic communications or other systems outside Miro s control If Customer provides Miro with feedback or suggestions regarding the Service or other Miro offerings Miro may use the feedback or suggestions without restriction or obligation Customer is responsible for its Customer Content including its content and accuracy and agrees to comply with Laws in using the Service Customer is responsible for ensuring that all Users are at least 66 years old dba Miro Miro and the entity or person placing an order for or accessing the Service Customer or you If you want to change your settings at a later time for example if you accept all cookies but later decide you do not want a certain type of cookie then you will need to use your browser settings to remove any third party cookies dropped on your previous visit DPA means the Data Processing Addendum between the parties the current version of which is here Laws means all relevant local state federal and international laws regulations and conventions including those related to data privacy and data transfer international communications and export of technical or personal data Cookies are not the only way to track users of a website This Agreement is governed by the laws of the State of California and the United States without regard to conflicts of laws provisions and without regard to the United Nations Convention on the International Sale of Goods We recommend that you check this page from time to time to inform yourself of any changes The parties that set these third party cookies can recognize your computer both when it visits the Site and also when it visits certain other websites Customer Materials means materials systems and other resources that Customer provides to Miro in connection with Technical Services Miro has no liability for how others may access or use Customer Content as a result of your or your Users decision to share a Board International Traffic in Arms Regulations Cookies help Miro market more effectively to users that may be interested in Miro products and services Where practicable Miro will use reasonable efforts to provide Customer with prior notice of the suspension This Agreement will govern Customer s teletype.link purchase on the Effective Date as well as any future purchases made by Customer that reference this Agreement We use both session based and persistent cookies on our Sites and Services Cookies can be used to recognize you when you visit a Site or use our Services remember your preferences and provide a personalized experience that s consistent with your settings Third Party Platform means any platform add on service product app or integration not provided by Miro that Customer elects to integrate or enable for use with the Service If you are invited to another Customer s Board you acknowledge that your access to that Board as well as any content you submit will be under the sole control of that other Customer This Miro Terms of Service Agreement is entered into by and between RealtimeBoard Inc It may also stop you from saving customized settings like login information government embargo or that has been designated by the U S For other browsers please consult the documentation that your browser manufacturer provides In many instances these technologies are reliant on cookies to function properly and so declining cookies will impair their functioning If we make any material changes to the way we use cookies we will take appropriate measures to notify you Upon expiration or termination of this Agreement or an Order Customer s access to the Service and Technical Services will cease other than limited use of the Service to export Customer Content as described in Section 9 9 Data Export If you have subscribed to an Enterprise Plan please visit our Master Cloud Agreement Neither party may publicly announce this Agreement except with the other party s prior consent or as required by Laws Neither Customer nor any Customer Affiliate has any rights under each other s agreement with Miro and breach or termination of any such agreement is not breach nor termination under any other This Agreement consists of the terms and conditions set forth below and any Orders Except for Excluded Claims each party s and its suppliers entire liability arising out of or related to this Agreement will not exceed in aggregate the amounts paid or payable by Customer to Miro during the prior 67 months under this Agreement The waivers and limitations in this Section 68 apply regardless of the form of action whether in contract tort including negligence strict liability or otherwise and will survive and apply even if any limited remedy in this Agreement fails of its essential purpose Miro may use subcontractors and permit them to exercise Miro s rights but Miro remains responsible for their compliance with this Agreement and for its overall performance under this Agreement Cookies also make your interactions with the Site faster and more secure Cookies are unique to your account or your browser In some browsers you can set up rules to manage cookies on a site by site basis meaning you can allow cookies only on sites that you trust Board means an online virtual whiteboard or other element of the Service displaying Customer Content We may use cookies to help us deliver marketing campaigns and track their performance e g a user visited our Help Center and then made a purchase Neither party may assign this Agreement without the prior consent of the other party except that either party may assign this Agreement in connection with a merger reorganization acquisition or other transfer of all or substantially all its assets or voting securities Customer agrees to comply with all relevant U S However you can opt out from the use of cookies and web beacons as explained above Each User must keep its login credentials confidential and not share them with anyone else Customer represents and warrants that it has made all disclosures and has all rights consents and permissions necessary to use its Customer Content with the Service and grant Miro the rights in Section 9 6 Data Use all without violating or infringing Laws third party rights including intellectual property publicity or privacy rights or any terms or privacy policies that apply to the Customer Content Customer s Confidential Information includes Customer Content The prevailing party in any action to enforce this Agreement will be entitled to recover its reasonable attorneys fees and costs in connection with such action Elements of the Service are commercial computer software Customer is fully responsible for its choice of administrators and any actions they take This Agreement which includes all Orders the Policies and the DPA is the parties entire agreement regarding its subject matter and supersedes any prior or contemporaneous agreements regarding its subject matter The parties are independent contractors not agents partners or joint venturers Customer maintains sole control over the types and content of all Customer Content it submits to the Service Without these cookies we would not be able to provide you with the services that you have asked for If you are accessing or using the Service on behalf of your company you represent that you are authorized to accept this Agreement on behalf of your company and all references to you reference your company Miro may suspend Customer s or a User s access to and use of the Service and related services if Customer breaches Section 7 8 Age Requirement for Users Section 7 9 Restrictions or Section 5 Customer Obligations if Customer s account is 65 days or more overdue or if Customer s or User s actions risk harm to other customers or the security availability or integrity of the Service Customer Content and other Confidential Information may be retained in the receiving party s standard backups after deletion but will remain subject to this Agreement s confidentiality restrictions Customer a represents and warrants that it is not listed on any U S Any purchased Technical Services are as described in the relevant Order and foreign export and import Laws in using the Service This Cookies Policy provides information about how and when RealtimeBoard Inc