Effective from March 24, 2024 [Refer also to our Privacy Policy]
Welcome, and thank you for your interest in MinutesLink. (“MinutesLink”, “we”, or “us”) and our MinutesLink Time Controlled Notes tool, as well as our website at minuteslink.com, along with our related networks, mobile applications and other services provided by us (colle
ctively known as the “Service”). These Terms of Service form a legally binding contract between you and MinutesLink in relation to your usage of our Service. For our purposes here, “you” or “your” means any entity, university, organization, company or individual user accessing or using the Service who agrees to these Terms.
PLEASE READ THE FOLLOWING TERMS WITH CARE.
BY CLICKING “I ACCEPT”, OR BY DOWNLOADING, INSTALLING, OR BY ANY OTHER MEANS ACCESSING OR USING OUR SERVICE, YOU INDICATE YOUR AGREEMENT THAT YOU HAVE READ, UNDERSTOOD, AND ACCEPT THE BELOW TERMS AND CONDITIONS, INCLUDING MINUTESLINK'S PRIVACY POLICY (COLLECTIVELY REFERRED TO AS “TERMS”). IF YOU DO NOT QUALIFY OR DO NOT AGREE TO THESE TERMS, WE ARE SORRY BUT YOU DO NOT HAVE PERMISSION TO USE OUR SERVICE. YOUR USAGE OF OUR SERVICE NOW AND IN THE FUTURE, AND MINUTESLINK'S PROVISION OF THE SERVICE TO YOU, FORMS AN AGREEMENT BY MINUTESLINK AND BY YOU TO ABIDE BY THESE TERMS.
ARBITRATION AGREEMENT. Except for a certain class of conflicts outlined in Section 19, you agree that disagreements arising from these Terms of Use will be solved by binding, individual arbitration and BY ACCEPTING THESE TERMS, YOU AND MINUTESLINK WAIVE RIGHTS TO A JURY TRIAL OR PARTICIPATION IN ANY CLASS ACTION OR JOINT LEGAL PROCEEDING. YOU CONSENT TO FORGO YOUR RIGHT TO ELICIT THE COURT’S JUDGEMENT to testify or back your rights under this agreement (lazyaw from matters that may be brought to small claims court). A NEUTRAL ARBITRATOR and NOT a judge or jury will decide upon your rights. (Refer to Section 19 for more details.)
The minimum age requirement for users of our Service is 13 years old. Acceptance of these
1. Overview of MinutesLink Services
The Service provided by MinutesLink allows users to transmute voice-recorded conversations into transcribed notes which can be easily searched and shared. You are free to either select the cost-free version of our Service (“Free Service”) or opt for the subscription-based premium version (“Paid Service”), the latter may require you to pay certain fees.
2. Eligibility
You are required to be a minimum of 13 years old to access and use our Service. Your agreement to these Terms implies that you assure us that: (a) you are at least 13 years old; (b) you have never been suspended or removed from our services before; and (c) your registration and your use of the Service is in total compliance with all applicable laws and regulations. If you are signing up on behalf of an organization, you must have the authority to bind the organization to these Terms, and by accepting them, the organization agrees to abide by these terms.
3. Accounts and Registration.
3.1 General Principles: To utilize the majority of the Service features, you're required to create an account. During the registration process, you may be asked to provide certain information such as your name, email address, phone number, or other contact details. For Basic Workspace, Advanced Workspace, Business, or Enterprise Organizations, in case you want to nominate individual users (“Authorized Users”) to use the Service under your account, other relevant information about such Authorized Users may also be requested. We expect that the information you furnish is accurate and always been kept up-to-date. Moreover, you should have all necessary approvals and rights to submit such details. On registration completion, you'll be prompted to create a password. You are accountable for preserving the confidentiality of your account and password, accepting responsibility for all activities that occur under your account. If you suspect that the integrity of your account has been compromised, notify us immediately at [email protected].
3.2 Authorized Users.
a. You, as a principal user, are accountable for: (i) Identifying and verifying all your Authorized Users, (ii) Granting Authorized Users access to equivalent Service and establishing suitable access control concerning your account, (iii) Preventing unauthorized user access, and (iv) Supervising all activities linked to your Authorized Users’ username, password, or accounts.
b. If your credentials to access the Service were provided by your Organization, you acknowledge that your usage is governed by the agreement between MinutesLink and your organization. Note that your Organization has full authority to discontinue your access at any time. MinutesLink will have no liability for such removal or discontinuation.
c. If your account-associated email domain is owned by an Organization and was assigned to you under an employment or membership context, we may identify your account to your organization, migrate your account, or limit/terminate access to the account. MinutesLink will have no liability for such actions.
d. When joining or transforming an existing account into a Basic Workspace, Advanced Workspace, Business, or Enterprise account, keep in mind the following:
- Ensure compliance with your organization's terms and policies. Be aware Basic Workspace, Advanced Workspace, Business, and Enterprise accounts are controlled by the Organization
- The account data is the property of the Workspace or Organization, and the administrators hold the right to access, disclose, restrict, and remove information, including data existing before you joined the account.
4. Payment Terms
Certain premium features of the Service might necessitate payment. You get the opportunity to view and agree to the charges that apply to you before making any payment. Importantly, all fees, denominated in U.S Dollars, are non-refundable.
4.1 Price: MinutesLink preserves the right to set the pricing for its Service. We commit to keeping the pricing data on our website current. We recommend that you regularly check our website for the latest pricing information. Fees for any specific feature of the Service, including additional costs or charges, may be revised by MinutesLink after giving you adequate notice. MinutesLink might launch promotional offers with different features and unique pricing structures to its customers. These promotions, unless directly offered to you, will not influence your offer or these Terms.
4.2 Authorization: By accepting these terms, you are authorizing MinutesLink and its third-party payment processors to charge the sums for all your orders and the level of Service you elect, in compliance with these Terms or those published by MinutesLink, inclusive of all applicable taxes, to the payment method mentioned in your account. If your payments are billed to a credit card, MinutesLink or its third-party payment processors may seek pre-authorization of your card account to validate its legitimacy and evaluate its capability to cover your purchase.
4.3 Subscription Service:
a. General: The Service may include automatic recurrent payments for routine charges (“Subscription Service”). Upon activating this Subscription Service, you provide MinutesLink or its third-party payment processors the mandate to periodically charge all due sums on a going-forward basis, until you decide to cancel the recurring payments or your account. For detailed “Subscription Fee”, please visit our page https://minuteslink.com/.
Please note, unused calls do not roll over to the next period. Should you exhaust your allocated calls before the end of the current period, your plan will automatically reset. Also, a yearly subscription avails you a yearly package, not confined within a month.
Your account will be automatically charged on the “Subscription Billing Date” for all relevant fees and taxes applicable for the forthcoming subscription period. To avoid incurring the charge of the next periodic Subscription Fee to your account, ensure to cancel your subscription prior to its renewal. You can initiate the cancellation of your Subscription Service through our website in the account settings or via contacting us at: [email protected] if you subscribed directly through our website, or through respective app stores if you subscribed through our mobile app.
4.4 Delinquent Accounts: MinutesLink reserves the right to suspend or terminate the Service, including fee-based portions, for any account if there are outstanding sums. Besides the amount due for the Service, a delinquent account may be levied with incidental fees or charges related to the collection of any unpaid amount.
5. Licenses
5.1 Limited License: Given your total and ongoing adherence to these Terms, MinutesLink offers you a limited, non-transferable, non-sub licensable, non-exclusive, and revocable license for your personal, non-commercial usage. This includes: (a) installation and use of one instance of our mobile application from an official marketplace on a mobile device that you own or have control over, and (b) access and use of the Service.
5.2 License Restrictions: Unless such restriction is prohibited under applicable law, you must not: (a) reproduce, distribute, or publicly display or perform the Service; (b) modify the Service; (c) disturb or bypass any feature of the Service, including any security or access control mechanism; (d) access or use the Service contrary to any usage limitations or other restrictions related to the level of Service selected and purchased by you or your Organization. If you're prohibited under applicable law from utilizing the Service, then you're not permitted to use it.
5.3 Feedback: If you opt to provide inputs or suggestions for Service improvement or report any issues (“Feedback”), you grant MinutesLink an unrestricted, perpetual, irrevocable, fully-paid, royalty-free right to use this Feedback in any way and for any purpose. This includes but is not limited to enhancing the Service and developing other products and services.
6. Ownership and Proprietary Rights
MinutesLink is the owner and operator of the Service. The visual aspects, graphics, designs, compilation, information, data, computer code (including source code or object code), products, software, services, and all components of the Service (“Materials”) provided by MinutesLink are safeguarded by intellectual property and other laws. All Materials that make up the Service are the property of MinutesLink or applicable third-party licensors. Any usage of the Materials requires explicit authorization from MinutesLink. Any rights related to the Materials that are not explicitly provided in these Terms are reserved by MinutesLink.
7. Government Rights
The Service, together with any pertinent software, data, and technologies from MinutesLink, are offered for final government usage in alignment with the following: The government acknowledges that our Service qualify as "commercial" computer software. Rights related to the Service's technical data embody only those rights typically shared with the public under the framework of these Terms. This standard commercial license complies with FAR 12.211 (Technical Data), FAR 12.212 (Software), DFAR 252.227-7015 (Technical Data - Commercial Items), and DFAR 227.7202-3 (Rights in Commercial Computer Software Documentation). If a government agency necessitates rights not listed in these Terms, it will have to negotiate with MinutesLink to finalize agreeable terms. Consequently, a mutually agreeable written addendum specifically bestowing those rights must be incorporated into the applicable agreement.
8. Third-Party Terms
8.1 Third Party Services and Linked Websites: MinutesLink might integrate tools into the Service, enabling you to export information, including User Content, to third-party services. This may involve features that allow you to link your account on MinutesLink to a third-party service account or through the implementation of third-party buttons, such as “like” or “share” options. By utilizing one of these tools, you consent to MinutesLink transferring the relevant information to the applicable third-party service. These third-party services are not under the control of MinutesLink and we are not liable for the use of your exported information by these third-party services, as per the limits permitted by law. Further, the Service may include links to third-party websites. These linked websites are not under MinutesLink's control, and we are not responsible for their content.
9. User Content
9.1 User Content in General: Certain features of the Service might allow users to upload content to the Service, including through syncing your account with Third Party Accounts as outlined in Section 9.1. This can comprise voice recordings, audio recordings, data, text, photographs, and other types of work ("User Content"), and publish User Content on the Service. If you choose to use the Service with materials or information from your Zoom, Dropbox, or other third-party accounts ("Third Party Accounts"), you grant MinutesLink the necessary permissions to access these Third Party Accounts for the provision of the Service. Please note that any copyrights or proprietary rights that you may have in the User Content you post on the Service remain yours.
9.2 Voice Recordings: The Service may feature options that enable you to record and/or upload recorded conversations. Notice and consent requirements for such recorded conversations vary by location. You agree to uphold your individual responsibility for providing any notices and obtaining consent from associated individuals, based on local legal stipulations.
9.3 Limited License Grant to MinutesLink: Despite retaining all ownership rights for the User Content processed using the service, you grant MinutesLink a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify, and distribute your User Content.
9.4 License Grant to Users: When you make User Content available via the Service to other users, you grant these users a non-exclusive license to access, use, modify, and distribute that User Content in compliance with these Terms and the functionality of the Service.
9.5 Access to User Content and Results: MinutesLink may offer the ability to share certain User Content or the results produced from processing User Content with other Service users or outside the Service. Despite providing certain features to limit visibility of some of your User Content, MinutesLink does not guarantee that such User Content or results produced from it will remain inaccessible by others.
9.6 User Content Representations and Warranties: MinutesLink disclaims any liability in connection with User Content. You are solely responsible for your User Content and the repercussions of posting such content through the Service.
9.7 User Content Disclaimer: MinutesLink is not obligated to control or edit User Content posted by you or other users, nor will it be liable for any User Content. However, at any time and without prior notice, it can screen, remove, edit, or block User Content that it deems to violate these Terms.
9.8 Monitoring Content: MinutesLink does not control or have an obligation to monitor User Content, third-party content, or the use of the Service by its users. You understand that MinutesLink may monitor information transmitted or received through the Service for operational and other purposes.
9.9 Machine Learning: MinutesLink reserves the right to collect and analyze data and other information relating to the provision, use, and performance of the Service and related systems and technologies.
10. Communications.
10.1 Text Messaging: MinutesLink, or those acting on our behalf, may send you text (SMS) messages to the mobile number you provide us. These messages will be mainly used for two-factor authentication purposes. It's important to note that standard data and message rates may apply whenever you send or receive such messages, as stipulated by your mobile carrier. MinutesLink is not responsible for these charges.
10.2 Push Notifications: Upon installing our application on your mobile device, you consent to receive push notifications. Push notifications are messages from our app sent to your mobile device when the app is not active. If you want to disable notifications, you can do so by visiting the "settings" section on your mobile device.
10.3 Emails: We may send you emails while offering the service, for instance, to notify you when User Content has been processed, shared with you, or for other operational purposes. Additionally, we might send emails regarding our products and services, as well as those of third parties. You can opt out of promotional emails at any time by following the unsubscribe instructions provided in the promotional email itself.
11. Prohibited Conduct
By using the Service, you agree NOT to:
a. Use the Service for any unlawful purpose or in violation of any local, state, national, or international law.
b. Use the Service, or any part thereof, for the direct or indirect benefit of any third parties.
c. Use the Service in connection with any direct or indirect commercial purposes, which includes usage in connection with any paid transcription workflow or as a value-added component of a commercial product or service.
d. Harass, threaten, demean, embarrass, or otherwise harm any other user of the Service.
e. Violate or encourage others to violate any third party rights (including by action or omission), which includes infringing or misappropriating any third party's intellectual property or proprietary rights.
f. Interfere with the security-related features of the Service. This includes disabling or circumventing features that limit the use or copying of any content or attempting to reverse engineer or discover the source code of any part of the Service, except when explicitly permitted by applicable law.
g. Interfere with the operation of the Service or any user’s enjoyment of the Service through actions such as uploading or disseminating any virus, adware, spyware, worm, or other malicious codes, making unsolicited offers or advertisements to other users of the Service, collecting personal information about another user or third party without consent, or interfering with or disrupting any network, equipment, or server connected to or used to provide the Service.
h. Perform fraudulent activities such as impersonating any person or entity, making false affiliations, accessing another Service account without permission, or falsifying your age or date of birth.
i. Sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 9) or any right or ability to view, access, or use any Materials.
j. Attempt to perform any of the acts described in this Section 11 or assist or permit any person in engaging in any of the acts described in this Section 11.
12. Digital Millennium Copyright Act
12.1 DMCA Notification: MinutesLink abides by the stipulations of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have any concerns related to the infringement of intellectual property rights about material posted on the Service, you may communicate with our Designated Agent at the following address:
MinutesLink, Inc.
ATTN: Legal Department (Copyright Notification)
Email: [email protected]
Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights should contain the following information:
a. An electronic or physical signature of the individual authorized to act on behalf of the owner of the copyright or other rights being infringed.
b. A description of the copyrighted work or other intellectual property that you claim to be infringed.
c. A clear identification of the material that you claim is infringing and where it is located on the Service.
d. Your address, telephone number, and email address.
e. A statement by you affirming that you have a good faith belief that the usage of the materials on the Service, which you are complaining about, is not authorized by the copyright owner, its agent, or the law.
f. A statement by you that the information above in your notice is accurate and that you are the copyright or intellectual property owner or you are authorized to act on behalf of the copyright or intellectual property owner.
12.2 Repeat Infringers: MinutesLink will promptly terminate the accounts of users who are found to be repeat infringers by MinutesLink.
13. Modification of these Terms
MinutesLink reserves the right to amend these Terms going forward at any given time. We suggest you periodically review these Terms for any changes. If a change to these Terms significantly adjusts your rights or obligations, we may require you to accept the modified Terms to continue using the Service. Substantial modifications are effective upon your acceptance of the modified Terms, whereas immaterial modifications are effective on publication. Except for the exceptions expressly permitted in Section 13, these Terms may only be altered through a written agreement signed by authorized representatives of the concerned parties. Disputes arising under these Terms will be settled in accordance with the version of the Terms that was in effect when the conflict occurred.
14. Term, Termination and Modification of the Service
14.1 Term: These Terms are effective from the moment you accept the Terms or initially download, install, access, or use the Service, and they end when they are terminated as described in Section 14.2.
14.2 Termination: If you violate any provision of these Terms, your permission to access the Service and these Terms will automatically end. Besides, MinutesLink may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason, with or without notice. You may end your account and these Terms at any point by contacting customer service at [email protected].
14.3 Effect of Termination: Upon the termination of these Terms, (a) your license rights will culminate and you must stop all use of the Service immediately; (b) you will no longer be allowed to access your account or the Service; (c) you must pay MinutesLink any unpaid amount due before termination; (d) all payment obligations that accrued prior to the termination and Sections 5.3, 6, 7, 10, 14.3, 16, 17, 18, 19, and 20 will persist.
14.4 Modification of the Service: MinutesLink reserves the right to modify or discontinue the Service (which includes limiting or discontinuing certain features of the Service) at any time, temporarily or permanently, without notifying you. MinutesLink will not bear any legal responsibility for any changes to the Service or any suspension or termination of your access to or use of the Service.
15. Indemnity
To the fullest extent permitted by law, you are responsible for your use of the Service, and you will indemnify and hold harmless MinutesLink and its officers, directors, employees, consultants, affiliates, subsidiaries, and agents ("MinutesLink Entities") from and against all claims made by third parties, and any related liabilities, damages, losses, and expenses, including but not limited to reasonable attorney's fees and costs, resulting from or in connection with:
a. Your unauthorized or misuse of the Service.
b. Your breach of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation.
c. Your infringement of any third party right, including but not limited to intellectual property rights or publicity, confidentiality, other property, or privacy rights.
d. The nature and content of the data processed by the Service.
e. Any dispute or issue between you and any third party.
MinutesLink reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification responsibilities in relation to such matter). In this case, you agree to cooperate with our defense of these claims.
16. Disclaimers; No Warranties
THE SERVICE AND ALL MATERIALS, CONTENT, AND TRANSCRIPTIONS AVAILABLE THROUGH THE SERVICE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. MINUTESLINK DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS, CONTENT, AND TRANSCRIPTIONS AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE.
MINUTESLINK DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY DATA, MATERIALS, OR CONTENT OFFERED THROUGH OR PROCESSED BY THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, NOR THAT ANY OF THOSE ISSUES WILL BE CORRECTED. MINUTESLINK IS NOT RESPONSIBLE FOR FAILURE TO STORE OR MAINTAIN ANY USER DATA, CONTENT OR TRANSCRIPTIONS, USER COMMUNICATIONS, ACCOUNT INFORMATION, OR PERSONAL SETTINGS.
MINUTESLINK MAKES NO WARRANTY ABOUT THE COMPLETENESS OR ACCURACY OF THE TRANSCRIPTIONS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR MINUTESLINK ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE MINUTESLINK ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALINGS WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF, USE, OR DISCLOSURE OF DATA, INCLUDING USER CONTENT.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. MINUTESLINK does not disclaim any warranty or other right that MINUTESLINK is prohibited from disclaiming under applicable law.
17. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE MINUTESLINK ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE. This includes but is not limited to circumstances based on warranty, contract, tort (including negligence), statute, or any other legal theory, and whether or not any MINUTESLINK entity has been informed of the possibility of damage.
EXCEPT AS PROVIDED IN SECTION 19.5 AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE MINUTESLINK ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO MINUTESLINK FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM; OR (B) $100.
Each provision of these Terms that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages serves to allocate risks between the parties under these Terms. This allocation forms an essential element of the agreement between the parties. Each provision is severable and independent of all other provisions of these Terms. The limitations in this Section 17 apply even if a limited remedy fails of its essential purpose.
18. Privacy and Information Security
18.1 Privacy Policy: You acknowledge and agree that except as described in these Terms, any User Content, data, recordings, and information you enter into or upload to the Service, or that we collect in connection with the Service ("Data"), will be processed as described in the MinutesLink Privacy Policy.
18.2 Data Processing: Terms applicable to the process of any Customer Personal Data as described in Appendix 1's Data Processing Attachment apply when Data falls within the scope of the General Data Protection Regulation or the United Kingdom General Data Protection Regulation. When Data falls within the scope of any U.S. state privacy laws or their implementing regulations, the terms of the U.S. State Data Processing Agreement in Appendix 6 apply to the processing of Personal Data.
18.3 Data Ownership: Between you and MinutesLink, data that you upload or enter into the Service remains your property. You hereby grant MinutesLink the right to collect, process, transmit, store, use, and disclose data to provide the Service and as otherwise set forth in these Terms and the MinutesLink Privacy Policy. Your data is owned by the Workspace or Organization when you join a Basic Workspace, Pro Workspace, Business, or Enterprise Organization.
18.4 Use of Aggregated Data: You acknowledge and agree that MinutesLink may collect, create, process, transmit, store, use, and disclose Aggregated Data derived from the use or Data of the Services for business purposes, including analytics, benchmarking, industry analysis, and machine learning.
18.5 Compliance: You are solely responsible for complying with any privacy and data protection laws and regulations applicable to Data or your use of the Service.
18.6 Information Security: MinutesLink will employ security measures designed to protect Data in its control against unauthorized access, use, alteration, or disclosure.
19. Dispute Resolution and Arbitration
19.1 Generally: To resolve disputes between you and MinutesLink in a quick and cost-effective manner, you and MinutesLink agree, barring exception in Section 19.2 and 19.3, that all disputes relating to these Terms will be addressed through binding arbitration. You acknowledge and agree that entering into these Terms implies waiving your right to a trial by jury or to engage in a class action suit.
19.2 Exceptions: Despite the stipulations of Section 19.1, neither party will be hindered from (a) bringing an individual action in small claims court; (b) pursuing enforcement action through a federal, state, or local agency, if available; (c) seeking legal remedy in a court of law in aid of arbitration; or (d) filing suit in a court of law to address an intellectual property infringement claim.
19.3 Opt-Out: If you wish to opt out of the binding arbitration requirement, you must notify us within 30 days of agreeing to these Terms. Send a letter to MinutesLink, Inc., Attention: Legal Department - Arbitration Opt-Out stating: your legal name, the email linked to your MinutesLink account, and your request to opt out of arbitration.
19.4 Arbitrator: American Arbitration Association (“AAA”) under its Consumer Arbitration Rules will administer all arbitration between you and MinutesLink.
19.5 Notice of Arbitration; Process: In case of intent to seek arbitration, a written notice of dispute must first be sent to the other party via certified U.S. Mail, Federal Express, or, if a current physical address is not provided, via email. The notice must describe the nature of the claim and the relief sought.
19.6 Fees: If you commence arbitration per these Terms, MinutesLink will reimburse you for your filing fee, unless your claim exceeds $10,000, in which case fee payments will abide by the AAA Rules.
19.7 No Class Actions: YOU AND MINUTESLINK AGREE THAT ANY CLAIMS AGAINST EACH OTHER MUST BE IN AN INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF OR CLASS MEMBER IN A CLASS OR REPRESENTATIVE PROCEEDING.
19.8 Modifications to this Arbitration Provision: If MinutesLink modifies this arbitration provision in any way in the future, you may reject this change by sending us a written rejection notice within thirty days of the change.
19.9 Enforceability: If Section 19.7 or the entirety of Section 19 is deemed unenforceable, or if MinutesLink receives an Opt-Out Notice from you, then this entire Section 19 will become null and void. In this case, exclusive jurisdiction and venue as described in Section 20.2 will govern any actions related to these Terms.
20. Miscellaneous
20.1 General Terms: These Terms, along with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, constitute the unique and complete understanding and agreement between you and MinutesLink regarding your use of the Service. Any transfer or assignment of these Terms or your rights under these Terms, in total or in part, by operation of law or otherwise, requires our prior written consent. We may assign these Terms at any time without consent or notice.
20.2 Governing Law: These Terms are governed by the laws of the State of California without considering any conflict of law principles. You and MinutesLink consent to the exclusive jurisdiction of the state courts and federal courts located within Santa Clara County, California for the resolution of any legal action permitted under these Terms.
20.3 Additional Terms: Your use of the Service is also subject to any additional terms, policies, rules, or guidelines applicable to the Service or features of the Service that we may post on or link to from the Service ("Additional Terms"). These Additional Terms are incorporated into these Terms.
20.4 Consent to Electronic Communications: By using the Service, you consent to receiving certain electronic communications from us in compliance with our Privacy Policy. You agree that communications we send you electronically fulfill any legal requirements as if such communications were in writing.
20.5 Contact Information: The Service is offered by MinutesLink, Inc. Contact us by email at [email protected].
20.6 Notice to California Residents: If you are a California resident, under California Civil Code Section 1789.3, please refer to the details in the original text for pursuing complaints in regards to the Service or to receive further information about use of the Service.
20.7 No Support: We are under no obligation to provide support for the Service. If we do offer support, it will conform to any published policies.
21. Notice Regarding Apple
This Section 21 only applies if you are using our mobile application on an iOS device. These Terms involve an agreement between you and MinutesLink only, not with Apple Inc. ("Apple"). Apple is not responsible for the Service or its content. Any maintenance or support services with respect to the Service are not required to be provided by Apple. If the Service fails to conform to any applicable warranty, you may notify Apple, and Apple will refund any purchase price for the mobile application to you; Apple has no additional warranty obligation with respect to the Service, to the extent permitted by law.
Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and use of it, including: (a) product liability claims; (b) any claim of non-conformity to any applicable legal or regulatory requirement; or (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, or discharge of any third-party claim that the Service and your use of it infringe a third party's intellectual property rights.
You agree to adhere to any applicable third-party terms when using the Service, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
You hereby affirm that: (i) you are not situated in a country under a U.S. Government embargo, or that has been designated as a “terrorist supporting” country by the U.S. Government; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
APPENDIX 1 - Data Processing Agreement
This Data Processing Agreement (henceforth known as "DPA") is integrated into and forms part of the Terms of Service ("Terms") between you ("Customer") and MinutesLink.com ("Company"). Any terms undefined in this DPA will be interpreted in accordance with their definition in the Terms. In the event of any conflict, the regulations of this DPA supersede those featured in the Terms, although no other modification to the Terms is implied by this precedence.
1. Definitions
In this DPA:
a. Terms like "Controller", "Data Subject", "Personal Data", "Personal Data Breach", "Processing", "Processor" and "Supervisory Authority" are interpreted as per the definitions established by the GDPR.
b. "Customer Personal Data" refers to any data that is categorized as Personal Data under the Data Protection Law, for which the Customer or the Customer's clients act as the Controller, and is Processed by the Company to provide the Service.
c. "Data Protection Law" accounts for the General Data Protection Regulation (EU) 2016/679 ("GDPR"), the United Kingdom General Data Protection Regulation, and e-Privacy Directive 2002/58/EC (updated by Directive 2009/136/EC), along with their domestic implementations in the European Economic Area ("EEA"), Switzerland and the United Kingdom. This is applicable and may be updated or replaced periodically.
d. "Data Subject Rights" encompasses the rights of Data Subjects to information, access, rectification, erasure, restriction, portability, objection, and ensuring they are not subjected to automated individual decision-making in compliance with the Data Protection Law.
e. "International Data Transfer" involves any transfer of Customer Personal Data from the EEA, Switzerland, or the United Kingdom to an international organization or to a country outside of the EEA, Switzerland and the United Kingdom.
f. A "Subprocessor" is a Processor hired by the Company to Process Customer Personal Data.
g. The "Standard Contractual Clauses" refer to clauses annexed to EU Commission Implementing Decision EU 2021/914 of June 4, 2021 on standard contractual clauses for the transfer of personal data to third countries as per Regulation (EU) 2016/679 of the European Parliament and the Council.
h. The "UK Addendum" signifies the addendum to the Standard Contractual Clauses issued by the UK Information Commissioner under Section 119A(1) of the UK Data Protection Act 2018 (version B1.0, effective from March 21, 2022).
2. Scope and Applicability
2.1 The provisions of this DPA are applicable to the Processing of Customer Personal Data by the Company for the purpose of providing the Service.
2.2 The type of Customer Personal Data and categories of Data Subjects processed, alongside the subject matter, nature, and purpose of the Processing, are detailed in Appendix 5.
2.3 The Customer functions as a Controller and assigns the Company as a Processor for the objectives indicated in Appendix 5. The Customer is expected to comply with the requirements of Data Protection Law applicable to Controllers.
2.4 If the Customer is operating as a Processor for another Controller(s), the Customer shall serve as the sole point of liaison with the Company and must obtain the necessary authorizations from the other Controller(s). The Customer agrees to issue all instructions and exercise all rights on behalf of the other Controller(s), and is responsible for adherence to the rules of Data Protection Law relevant to Processors.
2.5 The Customer recognizes that the Company may Process Personal Data relevant to the operation, support, or utilization of the Service for its own business needs, like expenditure tracking, account management, data analytics, benchmarking, technical help, product innovation, and legal compliance. The Company is the Controller for such Processing, which will comply with Data Protection Law, and this Processing is exempted from the terms of this DPA.
3. Instructions
3.1 The Company agrees to Process the Customer Personal Data for the provision of the Service and according to the documented instructions of the Customer.
3.2 The documented instructions of the Controller are contained within this DPA, the Terms, and any applicable work statement.
3.3 The Customer is authorized to reasonably issue additional instructions as necessary for adherence to Data Protection Law, and the Company may levy a reasonable fee for adhering to these additional instructions.
3.4 Unless hindered legally, the Company will notify the Customer if it is under a legal obligation that necessitates the Processing of Customer Personal Data in a manner inconsistent with the previously documented instructions of the Customer.
4. Personnel
4.1 All personnel of the Company who are authorized to Process Customer Personal Data are bound by a confidentiality obligation.
5. Security and Personal Data Breaches
5.1 Taking into account the state of the art, implementation costs, and the nature, scope, context, and purposes of Processing, along with the diverse levels of severity and likelihood of risk to the rights and freedoms of natural persons, the Company will implement suitable technical and organizational measures. These measures will provide a degree of security proportionate to said risk, including implementing the measures outlined in Appendix 3.
5.2 The Customer acknowledges that the security measures in Appendix 3 are appropriate in relation to the risks associated with the Customer's intended Processing. The Customer will notify the Company in advance of any intended Processing for which the Company’s security measures may not be adequate.
5.3 The Company will notify the Customer promptly, without unnecessary delay, upon being informed of a Personal Data Breach involving Customer Personal Data. If the Company’s notification is deferred, it will be accompanied by the reasons for the delay.
6. Subprocessing
6.1 The Customer gives explicit permission for the Company to engage Subprocessors. A list of the current Subprocessors associated with the Company is available here.
6.2 The Company will formulate a written agreement with the Subprocessors, imposing the same obligations that are necessitated by the Data Protection Law.
6.3 The Customer reserves the right to object to the addition of a Subprocessor on the basis of reasonable grounds related to potential or actual violations of the Data Protection Law. This objection must be communicated in written form, detailing the grounds for such objections within thirty (30) days after the Company’s notification of the intended addition. Both the Customer and the Company will collaborate in good faith to address this objection. If the Company decides to continue with the Subprocessor, the Company will inform the Customer at least thirty (30) days prior to authorizing the Subprocessor to process Customer Personal Data. The Customer then has the option to immediately cease using the relevant part of the Service, and can terminate the relevant part of the Service within thirty (30) days.
7. Assistance
7.1 Given the nature of the Processing and the data accessible to the Company, the Company shall assist the Customer. This includes implementing technical and organizational measures to fulfill the Customer's obligations under the Data Protection Law. These duties encompass complying with requests to exercise Data Subject Rights, conducting data protection impact assessments, consulting with Supervisory Authorities, and notifying a Personal Data Breach.
7.2 The Company will uphold records of Processing of Customer Personal Data in accordance with the Data Protection Law.
7.3 The Company retains the right to levy a reasonable fee for assistance under Section 7. If the Company is found to be at fault, both the Company and the Customer will bear their own costs related to the assistance.
8. Compliance
8.1 The Company will maintain a program to ensure compliance with the obligations set forth in this DPA.
9. International Data Transfers
9.1 The Customer grants the Company the authority to execute International Data Transfers to any country declared adequate by the EU Commission. This is based on suitable safeguards in compliance with the Data Protection Law, or as per the Standard Contractual Clauses and the UK Addendum indicated in Section 9.2 and 9.3 respectively.
9.2 By signing this DPA, the Customer and the Company consent to the provisions of module two (controller to processor) of the Standard Contractual Clauses. These are incorporated into this DPA and completed as follows:
Option 1 under Clause 9 is removed and Option 2 is kept. The Customer reserves the right to object to adding a Subprocessor within thirty (30) days. The optional language in Clause 11 is removed. The governing law and competent courts, as stated in Clauses 17 and 18, are those of the country where the Customer is established. Appendices 2, 3, and 4 to these terms of service are incorporated.
9.3 Upon signing this DPA, the Customer and the Company agree to conclude the UK Addendum, which applies to International Data Transfers outside the United Kingdom. Part 1 of the UK Addendum is completed as follows: (i) in Table 1, the "Exporter" is the Customer and the "Importer" is the Company with details specified in this DPA and the Terms; (ii) the first option is chosen in Table 2, and the "Approved EU SCCs" are the Standard Contractual Clauses mentioned in Section 9.2 of this DPA; (iii) Annexes 1 (A and B), II and III to the "Approved EU SCCs" are Appendices 2, 3, and 4 to the Terms shown in Table 3; and (iv) both the "Importer" and the "Exporter" have the right to terminate the UK Addendum demonstrated in Table 4.
9.4 If the Standard Contractual Clauses or the UK Addendum undergo amendments, updates, or invalidations, the Customer and Company will collaboratively work in good faith to address such disagreements satisfactorily.
10. Notifications
10.1 All notifications, requests, and instructions relevant to this DPA must be sent by the Customer to the Company’s legal department via email at [email protected]. The Company will send notifications related to this DPA to the primary contact email address of the Customer.
11. Liability
11.1 As far as permissible by the applicable law, if the Company has paid damages or fines, the Company reserves the right to demand reimbursement from the Customer for the part of compensation, damages, or fines that correspond to the Customer's share of responsibility for the damages or fines.
12. Termination and return or deletion
12.1 This DPA will end concurrently with the termination of the Terms.
12.2 Upon the termination of the Terms of Service, at the request of the Customer, the Company will either return to the Customer all Customer Personal Data in Company’s possession or securely delete such Customer Personal Data, unless applicable laws prohibit the Company from returning or deleting all or part of the Customer Personal Data.
13. Modification of this DPA
13.1 Any modifications to this DPA can only be made via a written amendment that is signed by both the Company and the Customer.
14. Invalidity and Severability
14.1 If any provision of this DPA is deemed invalid or unenforceable by any court or administrative body holding competent jurisdiction, such invalid
APPENDIX 2
A. List of Parties
Data exporter(s): [Identity and contact details of the data exporter(s) and, where applicable, of its/their data protection officer and/or representative in the European Union]
1. Name: As detailed in the Terms
Address: As detailed in the Terms
Contact person’s name, position and contact details: As detailed in the Terms
Activities relevant to the data transferred under these Clauses: As detailed in the Terms
Signature and date: As detailed in the Terms
Role: Controller
Data importer(s): [Identity and contact details of the data importer(s), including any person with responsibility for data protection]
2. Name: MinutesLink.com
Address: As detailed in the Terms
Contact person’s name, position and contact details: As detailed in the Terms
Activities relevant to the data transferred under these Clauses: As detailed in the Terms
Signature and date: As detailed in the Terms
Role: Processor
B. DESCRIPTION OF TRANSFER
Categories of data subjects whose personal data is transferred: Employees, contractors, or students of organizations who use the Service, Other meeting participants where the Service is used by one of the above data subjects.
Categories of personal data transferred: Registration information including email address and volunteered first and last name, Audio recordings stored by the user that may include personal data.
Personal data transferred (if applicable) and applied restrictions or safeguards that fully consider the nature of the data and the risks involved, such as strict purpose limitation, access restrictions (including access only for staff who have undergone specialized training), record of data access, restrictions on onward transfers, or additional security measures.
The Service may Process voiceprints to recognize users and automatically tag their name within the transcript.
The frequency of the transfer: Continuous
Nature of the processing: Processing operations as detailed in the Terms
Purpose(s) of the data transfer and further processing: The Service creates readable notes from recorded voice conversations using proprietary technology for automated speech recognition (ASR), keyword extraction and voice to text synchronization. Data may be ingested directly via recording using mobile or web application, upload of audio files, or synchronization with other applications including cloud storage or online video conferencing that store or capture recorded audio. Audio is processed in cloud infrastructure and delivered to the MinutesLink application where it may be consumed or downloaded in a variety of formats.
The period for which the personal data will be retained, or, if that is not possible, the criteria used to determine that period: As detailed in the Terms.
C. COMPETENT SUPERVISORY AUTHORITY
As detailed in Appendix 1. The competent authority for data transfers subject to the UK Addendum is the Information Commissioner’s Office in the UK.
APPENDIX 3
Security Measures
The Service is delivered through a cloud-based platform. We utilize best practices and appropriate technical and organizational measures to safeguard Personal Data. The Company consistently monitors adherence to these measures. Here is a brief summary of the employed security measures:
Physical Access Controls
User Content is hosted by Amazon Web Services (AWS), a SOC 2 Type 2 certified platform. AWS has a range of certifications and third-party assessments. The AWS infrastructure, managed in Amazon-controlled data centers globally, employs physical controls to prevent unauthorized access.
Accessibility to the Company’s office is limited to authorized personnel, with additional security measures in place, such as surveillance cameras securing points of entry or exit.
System Access Controls
We uphold segregation between production and development/testing environments. Access to production environments is limited to only authorized personnel. All access instances are logged.
Data Access Controls
In order to troubleshoot and address Customer issues, the backing of the Customer and the approval of the appropriate system administrator(s) is sought and obtained by the Company’s support team to access specific User Content relevant to the reported issues. Access to User Content for problem-solving customer issues is strictly limited to selected support staff aiding in addressing the issue(s). These support requests are logged into record.
Transmission Controls
Online communication with the Company via web application ensures secure, encrypted connections. The Company employs HTTPS for communications and industry-standard encryption algorithms for stored User Content and passwords.
Input Controls
The Customer is authenticated through password or by using Google, Microsoft, or Apple login credentials. Two-factor authentication can be activated for Basic Workspace, Pro Workspace, Business, or Enterprise accounts by account administrators. The Company uses web cookies to validate signed-in Customers.
Data Backups
We maintain daily backups of databases, and User Content is conserved in secure, persistent storage.
Data Segregation
The Company maintains logical segregation of Customer Personal Data, ensuring that Customers can only access their own data and not the Personal Data belonging to other Customers.
APPENDIX 4
List of Subprocessors
The controller has authorized the use of subprocessors as listed
- Stripe
- Brevo
- Commento
- openAI
APPENDIX 5
Description of the Processing
1. Data Subjects
The Customer Personal Data processed concerns the following categories of Data Subjects:
CATEGORIES:
Employees, contractors, or students of Organizations who use the Service.
Other meeting participants where the Service is used by one of the above data subjects.
2. Categories of Customer Personal Data
The Customer Personal Data processed concerns the following categories of data:
CATEGORIES:
Registration information including email address and volunteered first and last name.
Audio recordings stored by the user that may include personal data.
3. Sensitive Data
The Customer Personal Data processed concerns the following special categories of data:
CATEGORIES:
The Service may Process voiceprints to recognize users and automatically tag their name within the transcript.
4. Processing Operations
The Customer Personal Data will be subject to the following fundamental Processing activities:
CATEGORIES:
1. The Service generates legible notes from recorded voice conversations using proprietary technologies for automated speech recognition (ASR), keyword extraction and voice to text synchronization. Data may be directly ingested via recording using a mobile or web application, upload of audio files, or synchronization with other applications including cloud storage or online video conferencing that store or capture recorded audio. Audio is processed in cloud infrastructure and delivered to the MinutesLink application where it can be accessed or downloaded in various formats.
APPENDIX 6
U.S. STATE PRIVACY LAW DATA PROCESSING AGREEMENT
This U.S. Privacy Law Data Processing Agreement (“U.S. State DPA”) is incorporated into the Terms of Service (the “Terms”) between you, on behalf of yourself and your affiliates (“Customer”), and MinutesLink (“Vendor”) (each a “Party” and collectively the “Parties”). This U.S. State DPA prevails over any conflicting terms in the Terms.
1. Definitions. For the purposes of this U.S. State DPA:
1.1. “State Privacy Laws” means all U.S. state privacy laws and their implementing regulations, that generally apply to the processing of individuals’ Personal Data, excluding those that apply solely to specific industry sectors, demographics, or classes of information.
1.2. "Personal Data" refers to information relating to an identified or identifiable natural person, and is defined under State Privacy Laws.
1.3. "Share," "Shared," and "Sharing" have the meanings defined in the CPRA.
1.4. "Sale" and "Selling" are defined according to the State Privacy Laws.
1.5. "Controller" refers to the "Controller" or "Business" as defined in the State Privacy Laws.
1.6. "Processor" pertains to the "Processor", "Service Provider", or "Contractor" as defined in the State Privacy Laws.
1.7. "Consumer" is as defined in the State Privacy Laws.
1.8. "Processing," "Process," and "Processed" have the meanings defined in the State Privacy Laws.
1.9. "Company Personal Data" includes Personal Data provided by the Company to the Vendor, or collected on behalf of the Company by the Vendor, to provide services pursuant to the Terms.
1.10. Any conflict in the meanings of defined terms in the State Privacy Laws will be resolved by referring to the law applicable to the state of residence of the relevant Consumer.
2. Scope, Roles, and Termination.
2.1. Applicability - This U.S. State DPA applies only to the Vendor’s Processing of Company Personal Data for the nature, purposes, and duration set forth in Appendix 1 and Appendix 5.
2.2. Roles of the Parties - For the purposes of the Terms and this U.S. State DPA, the Company is the Controller, determining the purposes and means of Processing Company Personal Data, and appoints the Vendor as a Processor to Process Company Personal Data on its behalf as set forth in Appendix 5.
2.3. Obligations at Termination - Upon termination of the Terms, the Vendor will cease Processing and either return or destroy the Company Personal Data in its possession, unless required by law to retain such data.
3. Compliance.
3.1. Compliance with Obligations - The Vendor warrants that it and its employees, agents, subcontractors, and sub-processors will comply with obligations under State Privacy Laws, guarantee the level of privacy protection required by such laws, assist the Company in fulfilling its obligations under these laws, and adhere to this U.S. State DPA.
3.2. Compliance Assurance - The Company reserves the right to ensure the Vendor's use of Company Personal Data complies with obligations under applicable State Privacy Laws and the security measures in Appendix 3.
3.3. Compliance Monitoring - The Company has the right to monitor the Vendor's compliance with this U.S. State DPA through manual reviews, scans, assessments, audits, or annual technical and operational testing.
3.4. Compliance Remediation - The Vendor must notify the Company within five business days if it can no longer comply with applicable State Privacy Laws. Upon receiving such notice, the Company may instruct the Vendor to stop and remediate unauthorized use of Company Personal Data.
4. Restrictions on Processing.
4.1. Limitations on Processing - The Vendor will Process Company Personal Data solely as directed in the Terms and this U.S. State DPA. Except where explicitly permitted by the State Privacy Laws, the Vendor is prohibited from selling or sharing Company Personal Data, utilizing Company Personal Data beyond the specific purpose of performing the Services specified in Appendix 5, retaining Company Personal Data outside of the direct business relationship between the Parties, and combining Company Personal Data with Personal Data from sources other than the Company.
4.2. Confidentiality - The Vendor shall ensure a duty of confidentiality is upheld by its employees, agents, subcontractors, and sub-processors with regards to Company Personal Data.
4.3. Subcontractors and Sub-processors - The Vendor's current subcontractors and sub-processors are listed at APPENDIX 4. The Vendor shall update the Company about any intended changes regarding the addition or replacement of subcontractors or sub-processors.
4.4. Right to Object - The Company may raise objections to the Vendor's appointment of a new subcontractor or sub-processor within 30 days of receiving notice.
5. Consumer Rights.
5.1. The Vendor shall provide reasonable assistance to the Company in fulfilling its obligations to respond to State Privacy Law-related Consumer rights requests regarding Company Personal Data.
5.2. The Company shall inform the Vendor of any Consumer request made per the State Privacy Laws that the Vendor must fulfil.
6. Deletion of Company Personal Data
6.1. Upon the Company's request, the Vendor shall promptly delete Company Personal Data unless required by law to retain such data.
7. Deidentified Data
7.1. The Vendor will not attempt to reidentify any Deidentified data (as termed in the State Privacy Laws) shared by the Company.
8. Security
8.1. Both Vendor and Company shall implement and maintain security procedures and practices appropriate to the nature of the information, to protect Company Personal Data from unauthorized access, destruction, use, modification, or disclosure.
8.2. The Vendor must fully comply with the security measures outlined in Appendix 3.
9. Sale of Data
9.1. The Parties agree that the exchange of Personal Data between them does not form part of any transaction involving monetary or other valuable consideration under the Terms or this U.S. State DPA.
10. Changes to Applicable Privacy Laws.
10.1. The Parties agree to cooperate in good faith to negotiate additional terms to address any modifications, amendments, or updates to applicable privacy and information security laws, including but not limited to the State Privacy Laws.