Mobile Wallet Service Product Addendum
Version 2.0 • 05/22/2025 View Previous Versions
Overview
This Mobile Wallet Service Product Addendum (“Product Addendum”) describes the Subscription for the Licensed Product and is fully incorporated into and made a part of the Master Services Agreement (“MSA”) as published on May 22nd, 2025 at https://www.walletthat.com/terms/, between Client and Skycore LLC (“Service Provider”), together with any other incorporated Addendums, each as they may be amended from time to time, the (“Agreement”). Nothing contained herein shall act as a waiver of either party’s rights or obligations arising from the Agreement. Capitalized terms used herein without definition shall have the meanings ascribed to them in the Agreement.
1. Licensed Product
The “Licensed Product” refers to the Pass Management System (“Wallet Platform”) provided by the Service Provider through its Cloud Service. The Licensed Product enables the Client to manage Pass Records that can be compiled as Passes and installed, displayed, and used by individual users (“End Users”) within their Apple Wallet or Google Play Wallet App (“Native Wallets”). The range of available features available within the Licensed Product depends on the Client’s Subscription level, and may include, but is not limited to:
(A) Designing Pass Templates,
(B) Creating, updating, and archiving Pass Records,
(C) Issuing Passes to end users, managing installed Passes, and
(D) Communicating with end users through Pass updates,
(E) Updating Passes with new data
(F) Integration with 3rd party services,
(G) Interacting with 3rd party hardware.
2. Cloud Service Account Access and Management
The Client’s access to the Wallet Platform shall be provided through a Cloud Services account (“Account”). Account access will commence on the Subscription Start Date and continue until the Termination of this Product Addendum or the Agreement which will end the Subscription. Each Account is designated for use by only one customer, brand or institution.
The Client may request multiple Accounts, and each requested Account with a Subscription will remain active for the duration of its Subscription Term. The Client is responsible for all agreed-upon costs and fees associated with the usage of each active Account. The Client must manage and monitor their Accounts to ensure compliance with the terms of the Product Addendum and applicable laws, regulations, and guidelines.
The Wallet Platform data is partitioned logically based on geographic regions (“Logical Region”) and each Account must be set up in the Logical Region where Client issues Passes to End Users. Logical Regions may be hosted in the United States or may be hosted in data centers in various countries or regions (“Data Region”). Each Accounts Data Region shall be defined in the Order Form. Upon advanced notice to Client, Service Provider may migrate a Logical Region hosted in the United States to its own Data Region. The Service Provider controls all encryption keys in each Data Region and does not share or provide encryption keys with third parties.
3. Subscription Period
The Subscription period of the Licensed Product shall commence on the Effective Date of the initial order and shall continue for an initial term set forth below (the “Initial Term”). After the Initial Term, the Subscription will renew for successive periods of equal duration (each a “Renewal Term”), as set forth below, unless the Subscription is terminated by either party described below
If the Initial Term is a period of (1) one year, the Subscription will automatically renew for successive one (1) year Renewal Terms, each a Subscription Period, unless terminated by either party. To terminate the Subscription, either party must provide written notice of its intent not to renew at least thirty (30) days prior to the end of the then-current Subscription Period, unless otherwise agreed in writing. However, for the Client’s convenience, they may provide notice of termination within the first 30 days after the start of a new one (1) year Subscription Period. In such cases, any pro-rated fees for usage during the first 30 days, as well as any fees passed through by third parties will remain due and may not be refundable if paid. The Service Provider shall provide Client 90 days’ advance written notice of its intent not to renew under the current Subscription.
If the Initial Term is one (1) month, the Subscription will automatically renew for successive one (1) month Renewal Terms, each a Subscription Period, unless terminated by either party prior to the next Renewal Term. The Service Provider shall provide Client 30 days’ advance written notice of its intent not to renew. The Client shall authorize an Account administrator to terminate its Subscription by signing into their Account and electing to terminate immediately or at the end of the current Term. For data security reasons, the Client may not cancel a monthly Renewal Term solely by providing an email notice of termination.
4. Usage-Based Pricing and Subscription Fee
The pricing for the Licensed Product comprises a subscription fee and usage fees. The Subscription fee covers the Client’s access to the account and features included within their selected Subscription tier. The usage fees are charged on a per Pass basis, depending on the maximum number of Passes records present in the Client’s Account during each Subscription Period.
The usage fee amount may also vary based on the integrations selected by the Client, as well as any additional features or services that are not included in the Subscription fee. The Subscription fee may include a pre-determined number of Pass records intended to be issued during the Subscription Period. If the Client exceeds this limit, additional usage fees will be applied for each additional Pass record.
The Client will be billed for the Subscription fee at the beginning of the Subscription Period and invoiced for applicable fees including any usage fees each subsequent monthly invoice cycle or as otherwise specified in the Order Form. The Client is responsible for paying all applicable fees in a timely manner, in accordance with the payment terms outlined in the Agreement.
5. Payment Terms
The Client agrees to adhere to the following payment terms for the Subscription fee and usage fees associated with the Licensed Product:
(A) Invoicing: The Subscription fee will be invoiced based on the Subscription tier selected Usage fees not pre-paid will be invoiced monthly thereafter or at the end of the Subscription Period.
(B) Payment Due Date: All amounts due shall be received by the Service Provider no later than 30 days from the date the invoice is made available to the Client or, if applicable, the payment schedule defined in the Order Form. Amounts not received by the due date will be considered past due.
(C) Late Payment Penalty: The Service Provider reserves the right to impose a late payment penalty of 2% per month on all past due amounts. This penalty will be applied to the outstanding balance and will accrue monthly until the past due amount is paid in full.
(D) Payment Methods: The Client must make payments using the agreed payment methods outlined in the Order Form. The Client is responsible for any fees or charges associated with their chosen payment method.
6. Issuance and Responsible Use of Passes
The Client is responsible for the issuance of Passes to their End Users through the Licensed Product. The Client must ensure that each Pass is issued to the correct individual and that the information contained within the card is accurate, up-to-date, and in compliance with all applicable laws, regulations, and guidelines.
The Client is also responsible for monitoring and managing the use of Passes by their End Users. The Client must take appropriate measures to ensure that End Users do not use Passes improperly, for fraudulent purposes, or in any manner that violates applicable laws, regulations, or guidelines. This may include, but is not limited to, providing clear usage instructions, establishing and enforcing usage policies, and implementing measures to detect and prevent unauthorized or fraudulent use of Passes.
In the event that the Client becomes aware of any improper, unauthorized, or fraudulent use of a Pass by an End User, they must promptly take appropriate action to address the situation, including notifying the Service Provider if necessary.
The Service Provider disclaims any liability for the misuse of Passes by Client’s End Users, as well as any consequences or damages resulting from such misuse. The Client acknowledges and agrees that they are solely responsible for the misuse of their issued Passes by their End Users and for ensuring compliance with all applicable laws, regulations, and guidelines related to the issuance and use of their Passes.
7. Administrator Permissions and System Emails
The Client is responsible for inviting and granting permissions to its Account administrators in accordance with data transfer and protection laws. The Client must ensure that its Account administrators have appropriate access rights that align with the Client’s privacy policies, contractual obligations, physical location, and the Administrators employer, physical location, role and responsibilities, and that these permissions do not contravene any applicable laws or regulations governing its data.
The Service Provider sends system emails to administrators invited by the Client to manage their Passes. These emails may include account creation, password reset, notifications, and other Account related information necessary for the effective management of the Account by the administrators.
The Client is responsible for providing accurate email addresses for the administrators and ensuring that the invited administrators are authorized to access and manage the Client’s Account. The Client is responsible for ensuring the transfer and storage of email information received by its Account administrators adheres to all applicable laws, regulations, and guidelines. The Service Provider disclaims any liability for unauthorized access or misuse of the system resulting from email addresses provided by the Client.
While the Service Provider makes reasonable efforts to ensure the deliverability of system emails, it cannot guarantee successful delivery or prevent mishandling due to factors beyond its control, such as Client email server settings, spam filters, or use of incorrect email addresses. The Service Provider disclaims any liability for the failure to deliver or Client’s mishandling of system emails to administrators.
8. Email Pass Issuance
The Client or the Service Provider, on behalf of the Client, may send email invitations to end users, inviting them to install their respective Passes. If the email is sent by the Service Provider, the Service Provider will provide a template and Client may have the ability to customize parts of the content of these email invitations, as needed. If the email is sent by the Client the Client will have the ability to customize all of the content in the email invitations.
The Client is solely responsible for the content added to the email invitations and any optional reminders, ensuring that they adhere to all applicable laws, regulations, and guidelines. The Client is responsible for ensuring the collection of email addresses as well as the sending of End User Personal Data through email adheres to all applicable laws, regulations, and guidelines where applicable. The Service Provider disclaims any liability for the content of these emails and any consequences that may arise from the Client’s collection of email addresses or the dissemination by email of inappropriate, offensive, or non-compliant content initiated by the Client.
When sent by the Service Provider, the Service Provider shall make reasonable efforts to ensure the deliverability of email invitations and reminders, it cannot guarantee successful delivery or prevent mishandling of emails due to factors beyond its control, such as End User email server settings, End User email server location, spam filters, or incorrect End User email addresses. The Service Provider disclaims any liability for the failure to deliver, or the Client or End Users mishandling of, email invitations and reminders.
The email sender shall maintain logs of email invitations and reminders sent for a commercially reasonable and industry standard duration. After this duration, the holder of these logs shall be deleted in accordance with applicable data retention policies. If the Service Provider is the sender, it shall not be responsible for retaining logs longer than the applicable duration or Subscription, whichever is shorter. It is the Client’s sole responsibility to purchase a Subscription level with the adequate log retention for their use case.
9. End User Pass Installation
Upon receiving an invitation or instruction, each End User will click on an issuance link or an issuance form link to get install their Pass. When clicking an issuance form link, End users may provide their email address, name and other profile information directly to the Service Provider and agree to the Terms. Upon submission of this information, a Pass is generated and the customer has the option to Install the Pass in their Native Wallet. When clicking a standard issuance link, the Pass will be immediately generated and the user will be prompted whether they want to install it in their Native Wallet. Client represents it will collect such information through Service Provider in compliance with the applicable law.
10. Pass Templates, Records, Updates and Notifications
Pass Templates
Pass Templates are created by the Client within their Account, unless Managed Services are being used to create one. Pass Templates define a basic layout to all Passes that will be installed in the mobile wallets supported. Each field in the Pass Template Builder will be defined as Static or Dynamic. Static fields are fields that are set at the Template level, whereas Dynamic fields can be personalized during Pass Issuance. Service Provider’s Pass Templates tools support a wide range of fields allowed Supported Native Wallets but may not support all fields, variations or types of data or types of Passes. Client acknowledges that adding additional fields or Pass types not currently supported may not be possible to add or may incur an additional cost to add.
Pass Records
A Pass Record is a unique set of data for one Pass issued or intended to be issued. Each Pass Record is identified by a unique Pass-ID. Pass-ID’s can be automatically generated by the Service Provider system when a Pass Record is created or the Client may set the Pass-ID when creating a Pass Record. Pass Records are generated by:
Importing Records by CSV file
- An End User clicking a Pass Issuance Link
- An End User filling out a Pass Issuance Form
- External system calling the API
Pass Statuses
Each Pass Record may have a status. The status impacts how the Pass is displayed within the wallet app. Upon issuance, the status will automatically be set as “Active”. Client can then update the Pass status through a Bulk Update or individual. The Wallet Product supports following Validity statuses:
- Active: The Pass is valid.
- Expired: The Pass has expired based on a certain date and time
- Voided: The Pass is invalid.
- Redeemed: The Pass has been redeemed and is no longer valid.
In addition to Pass Status, the Wallet Platform shall also record the Installation Status:
- Installed: The user associated with a specific Pass-ID has the Pass currently installed in their Native Wallet.
- Uninstalled: The user associated with a specific Pass-ID had the Pass installed and removed it from their Native Wallet..
- Never Installed: The Pass with a specific Pass-ID has been generated, but has not installed the Pass in their Wallet app yet. This may happen if the user clicks an issuance link, however they don’t click the final “Add” or “Save” button to install the Pass.
Pass Bulk Updates
Service Provider provides a bulk update manager utility on the Wallet Platform for the Client to update Passes in bulk, scheduling to begin at a certain date and time. If Client is updating from a CSV file import, Client must include a column for Pass-ID with the new data associated with the Pass-ID. Service Provider queues Pass updates requests and performs all Pass updates at a pre-defined rate per minute or per second (“Throughput”) per Account. Each Account is configured with a target throughput level based on the Subscription and the number of active records in the Account during the prior Subscription Period. Service Provider may allow an Account to exceed its Throughput from time to time if extra capacity is available. In the event that a Client queues Pass updates for an amount of time such that the End User experience may be impacted, the Parties shall promptly notify the other and shall, if requested by Client, work diligently to agree on terms to provide additional capacity necessary to ensure an optimal End User experience.
Update Notifications
Update Notifications must be turned on by End Users in their respective Mobile Wallet Apps in order to receive update (push) notifications, location-based notifications, and iBeacon notifications.
Update (Push) Notifications: When the Client updates a Pass, a textual notification can be provided in the updated Pass. The Update Push notifications text appears on the user’s lock screen or home screen and is intended to notify the end user an update of the Pass has occurred. The text of Update (Push) Notifications are configured by the Client and can be triggered to an individual Pass or to a group of Passes either manually or through the API. Push notifications are currently limited in the length of characters of text and will show an icon image identifying the Pass. Any functionality described herein controlled by Apple or Google are not guaranteed to remain supported in the respective Wallet Apps. Apple, Google, and the End User can adjust the frequency and display of push notifications therefore Service Provider does not guarantee the Notification will be displayed on the device.
Location-Based Notifications: Location-based notifications are only available in Apple Wallet Passes. Location-based notifications are set by the Client in the Pass Template Builder (i.e., 10 locations max per template or for each individual user, 10 locations max per individual user). Location-based notifications are set using a latitude and longitude. When a location is set and a Pass containing a location is installed on a device that is detected within a few hundred meters of the latitude and longitude, the notification will appear on the user’s device screen. Latitudes and Longitudes can be updated at any time through the Template Builder, API, or CSV import. Apple allows each Pass to set a custom text for the location-based notification. Location-Based Notifications are limited in the number of characters of text and will show an icon image identifying the Pass. If an End User disables access to Location Services from their Mobile Wallet App, the Location Based Notifications will not be displayed.
iBeacon Notifications: An iBeacon is a Bluetooth enabled hardware device that uses BLE (Bluetooth Low-Energy) technology to send signals to an IOS device to trigger specific actions. In the case of iBeacon Notifications, iBeacon’s are used to detect installed Passes and display a notification on customer’s device. iBeacon notifications are only supported by Apple Wallet Passes. iBeacons are configured in the Pass Template Builder, through the API, or a CSV import. There may be 10 iBeacons per Template or 10 iBeacons for each individual user. iBeacon notifications appear on the customer’s lock screen with a custom message to be displayed when the device is within range of the Bluetooth beacon parameters. When the device leaves the beacon parameters, the notification will no longer appear on the lock screen. If a Client wants to use iBeacons, they must purchase the hardware from a third party. Service Provider is not responsible for iBeacon hardware support, management or integration.
Automations
Client may be granted access to Automation feature in their Subscription (“Automations”). Automations are initiated by creating an event trigger which will invoke a webhook HTTP POST to a third party system’s URL (“Trigger”) or by publishing a URL where a third party can invoke the URL with an HTTP POST with data to automate actions in the Licensed Product (“Action”). Each Action or Trigger URL invoked is considered an Automation and shall incur an additional fee.
11. Supported Native Wallets
Native Mobile Wallet Apps are provided by Third Parties and Service Provider does not control the access to, design, requirements, cost, performance, or functionality, which might change at any time. Under this Addendum, Service Provider will support issuing Passes into Apple Wallet for Apple iOS devices and Google Wallet/Google Pay for Android OS devices(together the “Supported Native Wallets”) through Safari, Chrome and Edge browsers(together the “Supported Browsers”). The Supported Native Wallets and Supported Browsers are not available to End users in all countries and operating system versions. Service Provider may add additional Supported Native Wallets in the future it its sole discretion and may offer Client the option to enable them in their Account. The Service Provider disclaims any liability for the quality, performance, or functionality of the Supported Native Wallets. Additionally, the Service Provider shall not be held responsible for any damage, loss, or issues arising from the use, distribution, or possession of Passes installed by End Users in Wallets that are not Supported Native Wallets or emulators.
12. Audits & Investigations
The Client acknowledges that the Service Provider is not obliged to monitor or audit any Client Data or content. However, the Service Provider reserves the right, when there is a good cause and at its sole discretion, to audit, investigate, refuse, or remove any content that may violate the terms of this Agreement or any applicable law.
Service Provider will not monitor Client Data classified as Personal Data and will not conduct audits on such Personal Data without express permission from the Client, the Client’s authorized representative, or the End User to whom the Personal Data pertains. This condition can be unilaterally overridden in good faith by the Service Provider when required by law or when necessary for a) an investigation of suspected or reported fraud, b) an investigation a suspected or reported data breach, c) an investigation of a breach of this Agreement, d) ensuring compatibility with a software update, e) the security, health, reputation, safety or welfare of an individual or institution.
By entering into this Product Addendum, the Client gives its irrevocable consent to such monitoring, auditing and investigatory procedures during the Term. It remains the Client’s responsibility to ensure that all content it provides, transmits, or uses in connection with the Licensed Product complies with the terms of this Product Addendum, applicable laws, regulations, and guidelines. The Client must promptly address any issues or concerns raised by the Service Provider regarding the content and take appropriate action to rectify any violations or objectionable content.
13. Client Support
The Service Provider is committed to offering comprehensive support to the Client for the effective use of the Licensed Product and related services. The support options available includes, but is not limited to, the provision of documentation, training materials, troubleshooting, and direct assistance from the Service Provider’s support team, as required.
Based on the Subscription tier, the Service Provider’s support team can be contacted through the designated support channels, such as email or phone, during specified business hours. The support team will make reasonable efforts to respond to and resolve any Client inquiries or issues in a timely and efficient manner, prioritizing requests based on their urgency and impact.
The Client is encouraged to make use of the support resources provided by the Service Provider, such as knowledge bases, FAQs, and user guides, to resolve common issues and better understand the features and functionalities of the Licensed Product.
The Service Provider reserves the right to charge additional fees for support and training services that go beyond the basic support offering or require significant time and resources. Any such additional fees will be communicated to and agreed upon by the Client before the provision of the extra support or training services.
14. End User Support
Client is responsible for all End User support related to the use of the Licensed Product. Client must provide a support email address and support phone number for each Pass issued to End Users. Client may not publish or provide Service Provider’s support email address or phone number to support an End User.
In addition to the Client-provided support, End Users may occasionally contact the Service Provider directly for assistance. If the Service Provider receives support requests from End Users, they will assess the nature of the request and either redirect the End User to their respective Client End User support contact address or handle the support request directly if applicable.
By handling certain technical support requests directly, the Service Provider aims to ensure the efficient resolution of technical issues related to the Native Wallet functionality while allowing the Client to focus on support requests specifically related to the Pass data and use.
15. Service Uptime
Service Provider shall strive at all times during the Term of the Agreement to ensure that the Wallet Platform Account is functioning as set forth in this Product Addendum at least 99.95% of the time, or as otherwise defined in a separate Paid Service Level Agreement (“SLA”) between the parties.
In addition to the Service Provider’s commitment to service uptime, the Passes installed within the Native Wallet are designed to function offline once they have been successfully installed by an End User. This allows End Users to access and use their Passes even in situations where internet connectivity is unavailable or limited. However, certain features and functionalities of the Native Wallet that require internet connectivity, such as logging in, updates or synchronization with the Wallet Platform, may not be accessible during offline usage.
16. System Integrations
The Licensed Product may be integrated by Client with external systems, to synchronize Pass data and enable seamless functionality between systems. The Client is responsible for the proper implementation, configuration, and maintenance of these integrations in accordance with the Service Provider’s guidelines and any applicable laws, regulations, and industry standards.
The Service Provider disclaims any liability for issues, malfunctions, or damages resulting from the Client’s integrations of the Licensed Product with external systems. This includes, but is not limited to, data loss, security breaches, unauthorized access, or disruptions in system operations. The Client acknowledges that any assistance provided by the Service Provider related to system integrations, including guidance, troubleshooting, or support, is provided on an “as-is” basis without any warranty, express or implied. The Service Provider shall not be held responsible for any adverse outcomes or damages resulting from the Client’s reliance on such assistance.
The Service Provider reserves the right to limit, suspend, or terminate the Client’s access to the system integration features if the Client is found to be using the feature in a manner that violates applicable laws, regulations, guidelines, or the terms of this Agreement
17. Google Wallet / Google Pay
Each Mobile Wallet Pass Issuer is required to have a Google Pay Merchant Account to host their issued Google Pay Passes. Service Provider will create and configure the Google Pay Merchant Account on behalf of the Client if one is not available. Service Provider will then configure Client’s Google Pay Merchant Account credentials into the Client’s Service Provider Account to enable the issuance of Passes from that Account. Only one Google Pay Merchant Account is supported per Service Provider Account. Service Provider must remain authorized by Client to access each Google Pay Merchant Account for the duration of this Agreement to prevent any service interruption.
18. Apple Wallet
The Client is responsible to maintain an Apple Developer Account to issue Mobile Wallet Passes to Apple Wallet enabled iOS devices. Apple requires all businesses to pay a yearly fee for their Apple Developer Account (the fee subject to change from Apple). Client is responsible for creating and renewing Apple Pass Signing Certificates from within their Apple Developer Account annually to enable Service Provider to digitally sign the Passes it issues through the Service Provider Account. Service Provider will configure the Apple Pass Certificates in the Client’s Service Provider Account. Only one Apple Pass Certificate is supported per Service Provider Account.
19. Mobile Apps
The Apple Developer program provides the PassKit framework, enabling developers to add and manage passes within the users Wallet app. Developers can also use the Google Wallet API to create and manage Passes, integrating them into Android apps. These tools allow users to add and manage passes directly within their Google Wallet or Apple Wallet, simplifying access and potentially enabling transactions. The Service Provider does not warrant that the Wallet Platform is or will remain compatible with every Client’s mobile App integration. To keep Pass data in sync, Client shall be required to update the Pass record on Service Provider it if uses the Google Wallet API or Passkit framework to update the data or status of Passes directly from it’s Mobile App. Client acknowledges that Service Provider may optionally publish an SDK to enable Mobile App integration for supported Subscriptions. The Service Provider also may require Client to upgrade their Pass templates in order to continue to use the Passes with a Mobile App SDK or remain compatible with the Mobile App SDK. Any Mobile App SDK offered by Service Provider to manage the Passes issued by the Service Provider from a Mobile App is ‘as-is’ without warranty of any kind and may require a separate Product Addendum.
20. Managed Services
Service Provider offers managed services for an extra charge per managed task or managed hour. To request a managed service, Client must give creative materials about the Pass design to the Service Provider Managed Services team. Service Provider will then create or change the Pass design elements and schedule any Pass Updates. Managed services are optional and can be bought separately. If Client wants to use Service Provider’s managed services, they need to contact their Service Provider account manager at least 72 hours before they want the Pass element created or updated. Service Provider Managed Services cannot manage third-party integrations or systems.
21. Free Trial
If Service Provider offers, and Client registers for, a free trial of the Licensed Product, Service Provider will make the applicable Account available to Client on a trial basis free of charge until the earlier of (a) the end of the free trial period for which Client registered to use the applicable Licensed Product, or (b) the start date that Client purchases a Subscription, or (c) termination of the trial by Service Provider in Service Provider’s sole discretion. Additional trial limitations, restrictions, terms and conditions may appear on the trial registration web page, including the duration of the trial. Any such additional Free Trial terms and conditions are incorporated into this Addendum by reference and are legally binding during the Free Trial. The Service Provider reserves the right to limit, or modify the limits of the Free Trial at any time for any reason.
21.1 Free Trial Modified Terms
WITH RESPECT TO THE FREE TRIAL, CLIENT DATA AND CONTENT TRANSFERRED TO THE WALLET PLATFORM DURING THE FREE TRIAL MAY BE PERMANENTLY LOST UNLESS A SUBSCRIPTION IS PURCHASED TO THE SAME FEATURES AS THOSE COVERED BY THE FREE TRIAL PRIOR TO THE END OF THE FREE TRIAL PERIOD. NOTWITHSTANDING ANY SERVICE PROVIDER REPRESENTATION OR CLIENT REMEDY IN THE MASTER SERVICE AGREEMENT, INCLUDING BUT NOT LIMITED TO THE “WARRANTIES” SECTION 5, AND “INDEMNIFICATION” SECTION 9.1,9.4,9.5 , DURING THE FREE TRIAL THE LICENSED PRODUCT IS PROVIDED “AS-IS” WITHOUT ANY WARRANTY OF ANY KIND AND SERVICE PROVIDER SHALL HAVE NO INDEMNIFICATION OBLIGATIONS NOR LIABILITY OF ANY TYPE WITH RESPECT TO THE LICENSED PRODUCT USE DURING THE FREE TRIAL PERIOD UNLESS SUCH EXCLUSION OF LIABILITY IS NOT ENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE SERVICE PROVIDERS LIABILITY WITH RESPECT TO THE LICENSED PRODUCT PROVIDED DURING THE FREE TRIAL SHALL NOT EXCEED $100.00 USD. WITHOUT LIMITING THE FOREGOING, SERVICE PROVIDER AND AFFILIATED PARTIES DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE LICENSED PRODUCT DURING THE FREE TRIAL PERIOD WILL MEET YOUR REQUIREMENTS OR THE SERVICE OBLIGATIONS, OR THAT (B) YOUR USE OF THE LICENSED PRODUCT DURING THE FREE TRIAL PERIOD WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERRORS, OR THAT (C) SERVICE PROVIDERS PROVISION OF THE LICENSED PRODUCT WILL CONFORM WITH ALL APPLICABLE DATA PROTECTION LEGISLATION. EXCEPT FOR CLIENTS REMEDY FOR THE DISCLOSURE OF CONFIDENTIAL INFORMATION UNDER SECTION 6, THE CLIENTS SOLE REMEDY FOR ANY BREACH OF THESE TERMS BY SERVICE PROVIDER SHALL BE THE TERMINATION OF THE FREE TRIAL ACCOUNT. CLIENT SHALL BE FULLY LIABLE UNDER THIS AGREEMENT TO SERVICE PROVIDER AND END USERS FOR ANY DAMAGES ARISING OUT OF ANY BREACH OF THIS ADDENDUM OR THE USE OF THE LICENSED PRODUCT BY CLIENT DURING THE FREE TRIAL PERIOD.