TERMS OF USE FOR THIRD PARTY INTEGRATIONS

1. INITIAL PROVISIONS

a) These Terms of Use for Third Party Integrations (the “Terms”) set forth the terms and conditions specific to Customer’s use of a third party integration (each an “Integration”) in connection with the Bloomreach Services.

b) These Terms are subject to change at Bloomreach’s discretion. Unless otherwise provided, Bloomreach provides only the connection to an Integration and not the service or product which is subject to the Integration.

2. CUSTOMER OBLIGATIONS AND INTEGRATION TERMS

a) Customer acknowledges and agrees that:

i) Bloomreach does not operate nor has any control over the service or product provided by third parties via Integrations, is not responsible for their content,  and provides  Customer with third party integrations only for the Customer’s convenience; this does not imply any endorsement or any association with such third parties;

ii) Bloomreach retains all rights, title, and interest that it has in the Integration (if any);

iii) Bloomreach may add or remove an Integration at any time;

iv) Bloomreach shall not be held liable and does not accept any liability, obligation, or responsibility whatsoever for any loss or damage the Customer may suffer in connection with an Integration, and any concern regarding third party services should be directed to the responsible third party;

v) the Customer consents with and instructs Bloomreach to transfer data to third parties (if required to effect an Integration) pursuant applicable law, including, but not limited to (i) Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the Processing of Personal Data and on the free movement of such data  (the “GDPR”); (ii) the GDPR as saved into United Kingdom law by virtue of section 3 of the United Kingdom’s European Union (Withdrawal) Act 2018 (the “UK GDPR”) and the UK Data Protection Act 2018 (collectively referred to for these purposes as “UK Data Protection Law”); (iii) the EU e-Privacy Directive (Directive 2002/58/EC); (iv) the Swiss Federal Act on Data Protection 1992 (“Swiss DPA”); and (iv) any and all applicable national data protection laws made under, pursuant to or that apply in conjunction with any of (i), (ii) (iii) or (iv); in each case as may be amended or superseded from time to time;

vi) Customer will defend and indemnify Bloomreach against all liabilities, damages, losses, costs, fees (including legal fees), and expenses to the extent arising from (i) the Customer’s misuse of an Integration, or (ii) violation of these Terms or terms of the third party provider;

vii) Customer uses the Integration at its own risk;

viii) Customer has reviewed and agreed to the terms and conditions under which the third party provides its services;

ix) as necessary, Customer will have a direct relationship with the third party service provider while using the Integration

b) A list of the current Integrations for Bloomreach Services is identified in the product specific platform and/or Bloomreach Documentation located here: https://documentation.bloomreach.com/.