Effective date: 01 September 2026.
For the prior version, please click here.
These Terms of Service (“Terms”) describe the terms under which Kissflow Inc (“Kissflow”, “We”, “Our”, “Us”) provides a subscriber access to and use of Our Services and/or creates an Account with Us (“You”, “Your”, “Yourself”). By accessing and using Our Services, a) You agree to be bound by these Terms and acknowledge having read the privacy policy (“Privacy Policy”). b) You warrant to Us that You have the legal capacity and are competent to subscribe to Our Services c) That, in the event You are entering into these Terms on behalf of any entity/company or its group, You possess the requisite authority to bind such entities, company or its groups to these Terms. If You do not agree to these Terms, You should immediately cease accessing and using Our Services.
You and We shall hereinafter collectively be referred to as “Parties” and individually as “Party”.
1. DESCRIPTION OF SERVICES
1.1. We shall provide You with access to and utilization of: (i) Our software, including any artificial intelligence-powered features and functionalities (“AI Features”) made available thereunder, (“Platform”), (ii) applications delivered via the app store (“Application”), and (iii) consulting, implementation and/or training services (“Professional Services”) (collectively referred to as “Service(s)”). The detailed description of the Services shall be as set forth in the Website.
1.2. The Services are provided solely for Your business purposes, subject to the terms and conditions of this Agreement. You shall connect to the Platform using any internet browser supported by the Platform. You are responsible for obtaining access to the internet and the equipment necessary to access the Platform.
2. YOUR RIGHTS
2.1. Subject to this Agreement and solely during the Term, We grant to You and Your employees (“Users”) worldwide, non-transferable, non-exclusive, terminable, limited rights to: (a) store data in, retrieve data from, or otherwise make use of (directly or indirectly) data or technology through electronic means; and (b) integrate the Platform into any application and provide the Platform to Users of the application.
2.2. Account. You shall provide true and accurate information to create accounts or instances for access and use of the Platform (“Account”).
3. YOUR RESPONSIBILITIES
3.1. Acceptable Use. You agree not to:
(a)license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share, disassemble, reverse engineer, decompile, or otherwise, commercially exploit or make the Platform available to any third party, other than Users, in furtherance of Your internal business purposes as expressly permitted by this Agreement;
(b)modify, adapt, or hack the Platform, or otherwise, attempt to gain unauthorized access to the Platform or related systems or networks;
(c)use the Platform to store or transmit sensitive personal information in violation of the applicable data protection laws;
(d)use the Platform to store or transmit Customer Data in violation of applicable laws and regulations, including but not limited to, violation of any person’s privacy rights, export control laws/regulations;
(e)access it for purposes of creating derivative works based on, or developing or operating products or services for third parties in competition with the Platform;
(f)use the Platform to store or transmit any content that infringes upon any person’s intellectual property rights, or is unlawful, racist, hateful, abusive, libelous, obscene, or discriminatory;
(g)use the Platform to knowingly post, transmit, upload, link to, send or store any viruses, malware, trojan horses, time bombs, or any other similar harmful software;
(h)“crawl,” “scrape,” or “spider” any page, data, or portion of, or relating to, the Platform (through use of manual or automated means);
(i)reverse engineer the Platform in order to:
(i)build a competitive product or service;
(ii)build software using similar ideas, features, functions, or graphics of the Platform; and
(iii)copy any ideas, features, functions, or graphics of the Platform.
(j)leverage the user license provided to You under this Agreement to develop a program for the purpose of deciphering or programmatically accessing the Platform, unless prior written consent has been obtained from Us;
(k)use the AI Features to generate outputs that infringe any third party’s intellectual property rights, or rely on such outputs without independent verification and validation by You.
3.2. Your Obligations. If We inform You that a specified activity or purpose is prohibited with respect to the Platform, You have to ensure that You shall immediately cease the use of the Platform for such prohibited activity or purposes and shall comply with Our instructions in this regard.
3.3. Payment Card Industry Data Security Standard. The Platform is not optimal for storing or processing cardholder information. However, if You process any cardholder information using the Platform, You shall: (a) comply with the criteria defined under Payment Card Industry Data Security Standard (“PCI DSS”); (b) implement and maintain reasonable security measures to protect all cardholder data in Your possession or control; and (c) not take any action against Us in connection with using the Platform that places Us in non-compliance with the PCI DSS.
3.4. Privacy Compliance. You, in Your capacity as the data controller, data fiduciary, business, organization, responsible party, or other equivalent role under applicable law, are solely responsible for complying with all applicable privacy and data protection laws in connection with Your use of the Services. This includes providing all required privacy notices, establishing an appropriate lawful basis for processing Personal Data (including obtaining and maintaining valid consents where required), and ensuring that all Personal Data (as defined under the applicable law) submitted to or processed through the Services is collected and processed in compliance with applicable law. You represent and warrant that You have satisfied these obligations before making any Personal Data available to Us. We shall not be responsible or liable for Your failure to comply with these obligations.
3.5. User License. You acknowledge and agree that each license purchased under this Agreement from Us shall be granted for use by a single designated real human user only. You shall not share, assign, sublicense, or otherwise permit any other individual or entity to use the Platform under the purchased license. Any attempt to do so shall constitute a material breach of this Agreement, resulting in immediate termination of the license without refund. Furthermore, You shall refrain from creating aliases or delegating access (including group access) to the Platform to more than one (1) user under a single license. You shall ensure that the Platform is used solely by the designated user and You shall take appropriate measures to prevent unauthorized access or use. We reserve the right to verify compliance with this clause at any time without prior notice and may take legal action against any infringement or violation.
3.6. User Access Management. You shall be responsible for the provisioning, management, monitoring, and de-provisioning of User access to the Platform, including assigning appropriate roles and permissions and maintaining reasonable internal controls. You shall ensure that access is granted only to authorised Users and shall promptly revoke access for Users who are no longer authorised. We shall not be responsible for any unauthorised access, misuse, data loss, or security incident arising from Your failure to manage User access in accordance with this clause.
3.7. Subscribing to Community. You shall actively subscribe to and maintain Your subscription to the online platform maintained by Us at community.kissflow.com ("Community") for the duration of this Agreement. You acknowledge that all communications, updates and notifications relating to the Services will be made available through the Community and it is Your sole responsibility to ensure that You remain subscribed and actively monitor the same. You acknowledge that publication of any communication, update or notification on the Community constitutes valid notice under this Agreement. We shall not be liable for any failure by You to receive or act upon such notice due to Your failure to maintain an active subscription to, or monitor, the Community.
3.8. AI Features. You are responsible for reviewing and verifying any output generated by the AI Features before relying on, sharing, or acting on it. If You use the AI Features to make or support decisions that materially affect individuals, You must ensure that such decisions are subject to appropriate human review and remain solely responsible for those decisions. Where required by applicable law, You must provide any required notices and obtain any required consents relating to Your use of the AI Features. You must use the AI Features only in compliance with applicable laws and must not use them for any prohibited purpose. We may suspend or restrict Your access to the AI Features if We reasonably believe that Your use violates this clause or applicable law.
4. UPDATES AND AVAILABILITY
4.1. Any enhancements, new features, or updates (“Updates”) to the Platform are also subject to this Agreement, and We reserve the right to deploy Updates at any time.
4.2. The Platform may temporarily be unavailable due to scheduled downtime for upgrades and maintenance, in which case, We shall use commercially reasonable endeavors to notify You in advance. In the event of any unavailability of the Platform, the applicable service credits and the support provided by Us shall be in accordance with the Support and Service Terms communicated through the Community.
5. INTELLECTUAL PROPERTY RIGHTS
5.1. Except for the rights granted to You under Clause 2, all rights, title, and interest in and to all intellectual property and/or proprietary rights, title, and interest in or related to the Services (including, without limitations to, all modifications, extensions, customizations, scripts or other derivative works provided, developed or delivered by Us under Professional Services), including patents, inventions, copyrights, trademarks, domain names, trade secrets, or know-how (collectively, “Intellectual Property Rights”) shall belong to and remain exclusively with Us.
5.2. You own the rights to all data, content, and information submitted to the Platform by You or Your Users through Your Account, and which is stored or processed by Us solely for the purpose of providing the Services ("Customer Data”). We do not claim ownership over such Customer Data. You grant Us a right and license to use the Customer Data for the provision, modification, support, maintenance, and improvement of the Services.
5.3. We shall have a perpetual right and license to incorporate into the Services or otherwise use any suggestions, enhancement requests, recommendations, or other feedback We receive from You.
5.4. All rights not expressly provided to You herein are reserved.
6. THIRD PARTY SERVICES
6.1. You may integrate the Account with other third party applications or services ("Third Party Service(s)"). You acknowledge and agree that Your use of Third Party Service(s) will be subject to the terms and conditions and privacy policies of the relevant third party and that We shall not be liable for Your enablement, access or use of such Third Party Service(s), including any Customer Data processed by such third party. You shall contact the relevant Third Party Service provider directly for any issues arising in connection with the use of such Third Party Service(s).
6.2. We reserve the right, at any time and in Our sole discretion, to suspend, restrict, disable access to or remove any Third Party Service(s) from the Platform. We shall use reasonable endeavours to provide You with advance notice of the same wherever reasonably possible, however We shall not be liable to You for any such suspension, restriction or removal, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses.
7. CHARGES AND PAYMENT
7.1. Charges. All charges associated with the Services procured by You ("Charges") shall be as set forth in the Quote issued by Us to You ("Quote"). You shall not downgrade the Account during the Term of this Agreement.
7.2. Payment. Unless otherwise agreed mutually between the Parties in writing, all Charges are due in full and payable annually in advance, immediately upon receipt of the invoice. We or Our authorised agents reserve the right to bill You upon subscription to the Services and any renewal thereof.
7.3. Refunds. Unless otherwise specified in this Agreement, all Charges are non-refundable. No refunds shall be issued for partial use or non-use of the Services.
7.4. Late Payment/Non Payment of Charges. In the event that We do not receive payment of the Charges by the due date, We shall notify You of the same. If payment is not received within the notice period, We reserve the right to: (i) charge interest on the outstanding amount at the rate of 2% per month; and (ii) terminate this Agreement and Your Account without liability in the event of non-payment for a consecutive period of three (3) months.
7.5. Applicable Taxes. Unless otherwise stated, the Charges do not include any taxes, levies, duties, or similar governmental assessments, including value-added, sales, use or withholding taxes assessable by any local, state, provincial, or foreign jurisdiction (collectively, “Taxes”).
7.6. Payment Mode. We recommend that You make payment for the Services by wire transfer or automatic clearing house (“ACH”). If You choose to make payment using a card or any other payment method that incurs transaction, gateway, processing, or handling charges, the applicable fees charged by the relevant payment service provider or gateway shall be borne and paid by You.
8. TERM AND TERMINATION
8.1. Term. This Agreement shall take effect on the Effective Date and be valid for an initial period of one (1) year (“Initial Term”). Thereafter, this Agreement shall be automatically renewed for a successive term of one (1) year (each, a “Renewal Term”), unless terminated by either Party by providing a prior written notice not less than thirty (30) days. The Initial Term and Renewal Term(s), if any, shall be collectively referred to as the “Term”. Your access to the Platform shall commence on the date specified in the applicable Quote (“Subscription Activation Date”), which may differ from the Effective Date of this Agreement.
8.2. Termination by You. You may terminate this Agreement in the event We materially breach this Agreement, provided that You shall provide notice of such breach and allow Us not less than thirty (30) days to cure such breach.
8.3. Termination by Us. We also reserve the right to terminate this Agreement and the Account at any time by providing a written notice not less than thirty (30) days due to (a) discontinuation of the Platform or the Services, in whole or in part; (b) a strategic restructuring of Our business or operations; (c) Our exit from a market or geography in which You operate; or (d) a regulatory or legal change that renders continued provision of the Services commercially impracticable.
8.4. Termination for Insolvency. Notwithstanding anything contained herein, either Party may terminate this Agreement with notice if the other Party becomes insolvent, makes or has made an assignment for the benefit of creditors, is the subject of proceedings in voluntary or involuntary bankruptcy instituted on behalf of or against such Party (except for involuntary bankruptcies) which are dismissed within sixty (60) days, or has a receiver or trustee appointed for substantially all of its property.
8.5. Effect of Termination of Account. Upon termination of this Agreement, Your access to the Services shall cease as of the effective date of termination. You shall download or export Your Customer Data prior to the effective date of termination using the Platform's standard data export functionality. In the event that You fail to download or export Your Customer Data prior to the effective date of termination, You shall notify Us in writing immediately upon termination. Upon such notification, We shall manually provide the Customer Data to You for a period of thirty (30) days from the effective date of termination ("Data Retention Period"). We shall have no obligation to retain or provide Customer Data beyond the Data Retention Period, following which We may permanently delete all Customer Data in Our possession.
9. CONFIDENTIALITY, DATA PRIVACY AND SECURITY
9.1. Confidentiality. "Confidential Information" shall mean, in respect of You, all of Your business and technological information, including Customer Data, and in respect of Us, the Services, proprietary technology, pricing, business information and trade secrets. Confidential Information shall not include any information which: (i) is or comes into the public domain other than through a breach of this Agreement; (ii) is independently developed by the recipient without reference to the disclosing party's Confidential Information; or (iii) is received from a third party free of any restriction. The recipient shall not disclose the Confidential Information except to its employees, agents, professional advisors or third party vendors who need to know it for the purposes of this Agreement and who have agreed to keep it confidential. The recipient may disclose Confidential Information to the extent required by an order of a government entity of appropriate jurisdiction, provided that the recipient uses commercially reasonable efforts to notify the other party prior to such disclosure.
9.2. Data Privacy and Processing. We shall process Customer Data only to provide, maintain and support the Services, address technical problems or respond to support requests, in accordance with this Agreement, the Data Processing Agreement ("DPA") and applicable data privacy laws. We shall not process Customer Data for any purpose other than as set out in this Agreement and the DPA. You acknowledge that We shall process any personal data solely on Your behalf and as a data processor within the meaning of applicable data privacy laws.
9.3. Security. We shall implement and maintain appropriate technical and organisational measures to protect Customer Data against accidental or unlawful destruction, loss, alteration, unauthorised disclosure or access. Such measures are designed to provide a level of security appropriate to the risk of processing Customer Data, details of which are set out athttps://kissflow.com/security/.
9.4. Disclosure. We may access or disclose Customer Data: (i) to comply with applicable law or respond to lawful requests or legal processes; or (ii) to protect Our or Our group companies' proprietary rights. Any suspected fraudulent, abusive or illegal activity by You may, acting reasonably, be referred to the relevant law enforcement authorities.
9.5. To the extent the EU AI Act (Regulation (EU) 2024/1689) or any other AI-specific legislation applies to Your use of AI Features, You are responsible for: (a) conducting any required conformity assessments or impact assessments; (b) ensuring transparency obligations towards Your end users are met; and (c) complying with any use-case-specific restrictions. We shall provide reasonable cooperation and information necessary to support Your compliance obligations, upon written request.
10. WARRANTIES & DISCLAIMER
WE WARRANT THAT SERVICES WILL BE PROVIDED IN A MANNER CONSISTENT WITH REASONABLE INDUSTRY STANDARDS. ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ERROR-FREE OR UNINTERRUPTED OR NON-INFRINGEMENT, ARE HEREBY EXCLUDED.
PLATFORM AND APPLICATION. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PLATFORM AND APPLICATION OFFERED BY US, INCLUDING ALL SERVER AND NETWORK COMPONENTS, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
YOU ACKNOWLEDGE THAT WE DO NOT WARRANT THAT THE ACCESS TO THE PLATFORM AND APPLICATION, PROVIDED OVER THE INTERNET AND VARIOUS TELECOMMUNICATIONS NETWORKS, BEYOND OUR REASONABLE CONTROL, WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER MALICIOUS SOFTWARE.
PROFESSIONAL SERVICES. WE ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION, OR SECURITY OF THE PROFESSIONAL SERVICES THAT ARISE FROM CUSTOMER DATA OR THIRD PARTY SERVICES OR PROFESSIONAL SERVICES PROVIDED BY THIRD PARTIES.
FOR ANY BREACH OF THE PROFESSIONAL SERVICES WARRANTY, YOUR EXCLUSIVE REMEDY, AND OUR ENTIRE LIABILITY SHALL BE THE CORRECTION OF THE DEFICIENT PROFESSIONAL SERVICES THAT CAUSED THE BREACH OF WARRANTY.
AI FEATURES. YOU ACKNOWLEDGE THAT OUTPUTS GENERATED BY AI FEATURES ARE PROVIDED ON AN “AS IS” BASIS AND MAY NOT BE ACCURATE, COMPLETE, OR ERROR-FREE. YOU ARE SOLELY RESPONSIBLE FOR EVALUATING AND VALIDATING ANY SUCH OUTPUTS BEFORE RELIANCE THEREON.
11. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, WILL EITHER PARTY BE LIABLE TO ANY PERSON FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST REVENUE, LOST SALES, LOST GOODWILL, LOSS OF USE OR LOST CONTENT, IMPACT ON BUSINESS, BUSINESS INTERRUPTION, LOSS OF ANTICIPATED SAVINGS, LOSS OF BUSINESS OPPORTUNITY), HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, BREACH OF STATUTORY DUTY, NEGLIGENCE OR OTHERWISE, EVEN IF A PARTY HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES OR COULD HAVE FORESEEN SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR AGGREGATE LIABILITY AND THAT OF OUR AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS, RELATING TO THE SERVICES, WILL BE LIMITED TO AN AMOUNT EQUAL TO TWELVE (12) MONTHS OF THE CHARGES PAID BY YOU FOR THE PLATFORM.
12. INDEMNIFICATION
12.1. Indemnification by You. You shall indemnify and hold Us, Our affiliates, officers, directors, employees, and agents from and against any claim brought by a third party arising from:
12.1.1. Your Responsibilities. Your acts or omissions in connection with clause 3.1 and 3.4 of this Agreement, including those of any Users to whom You have granted access. You shall remain fully liable, at all times, for all acts and omissions of such Users and agree to indemnify Us for all claims, losses, and damages resulting from their negligence, misconduct, or failure to comply with applicable obligations.
12.1.2. Actions Directed by You. (i) Your use of or interaction with any third-party application, software, service, platform, or system, whether or not such use is in connection with the Services; and/or (ii) any act or omission by Us undertaken in reliance on Your instructions, authorizations, decisions, or actions, whether communicated in writing, orally, or by conduct.
We shall have no liability whatsoever for any such claims, and You shall bear full responsibility for the defense and resolution of the same, including all associated liabilities, damages, costs, and expenses (including reasonable attorneys’ fees, court costs, and settlement amounts).
12.2. Indemnification Procedure. In the event that We become aware of any claim, demand, suit, or proceeding brought by a third party that may give rise to an indemnification obligation under this Agreement, the following shall apply: (a) We shall promptly notify You in writing of the threat or receipt of such claim. Failure to provide timely notice shall not relieve You of Your indemnification obligations, except to the extent You are materially prejudiced by such delay; (b) You shall have the sole and exclusive control over the defense and/or settlement of the claim, including the selection of legal counsel. You shall not settle any claim in a manner that imposes any liability or obligation on Us without Our prior written consent, which shall not be unreasonably withheld; (c) We shall provide full cooperation, information, and reasonable assistance as may be requested by You in connection with the defense and settlement of such claim, at Your expense.
13. MISCELLANEOUS
13.1. Assignment. This Agreement and any rights or obligations hereunder may not be assigned by You without Our prior written consent, whereas We can assign any of Our rights and obligations hereunder without Your prior written consent. This Agreement binds, and enures to the benefit of, the Parties and their respective successors and permitted assigns.
13.2. Amendment. This Agreement, including its applicable order form and annexures may be modified, amended, or varied individually only by a written instrument signed by the authorized representatives of both Parties.
13.3. Entire Agreement. This Agreement, together with any Quote, constitutes the entire agreement and supersedes any and all prior agreements between You and Us with regard to the subject matter hereof. In the event of a conflict between the terms of any Annexure and this Agreement, the Agreement shall prevail.
13.4. Force Majeure.
Neither Party shall be liable for any failure or delay in the performance of any of its obligations under this Agreement caused due to an event or circumstance beyond the reasonable control of the affected Party, which was not the result of the affected Party’s negligence or other act or omission, and which constitutes an act of God, flood, drought, earthquake or other natural disaster; epidemics or pandemics; nuclear contamination or explosion; war, threat of war, armed conflict or terrorist act; civil commotion or riot; strike, lock-out or labour dispute; widespread internet or telecommunications failures; or large-scale cyber attacks beyond the reasonable control of the affected Party, including distributed denial-of-service attacks and unauthorized loss, distribution or dissemination of Customer Data) (“Force Majeure Event”). If either Party is suffering a Force Majeure Event, the affected Party shall promptly notify the other Party in writing of the Force Majeure Event, the reasons for the failure or delay and its likely duration, and shall use its best endeavours to mitigate the effects of such Force Majeure Event and resume performance as soon as reasonably practicable.
If a Force Majeure Event continues for more than thirty (30) consecutive days and materially affects the performance of the Services, either Party may terminate this Agreement upon written notice to the other Party without liability, except for payment obligations accrued prior to the effective date of termination.
13.5. Governing Law and Dispute Resolution.
(a) Where You are incorporated in India: If You are incorporated in India, this Agreement shall be governed by the laws of India. Any dispute arising out of or relating to this Agreement shall first be resolved through good faith mediation. If the dispute is not resolved through mediation, it shall be finally resolved by arbitration in accordance with the Arbitration and Conciliation Act, 1996. The arbitration shall be conducted in English by a sole arbitrator mutually appointed by the Parties. The seat and venue of arbitration shall be Chennai, Tamil Nadu, India. The arbitral award shall be final and binding on the Parties.
(b) Where You are incorporated outside India: If You are incorporated outside India, this Agreement shall be governed by the laws of the State of Delaware. Any dispute arising out of or relating to this Agreement shall first be resolved through good faith mediation. If the dispute is not resolved through mediation, it shall be finally resolved by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted in English by a sole arbitrator. The seat and venue of arbitration shall be Wilmington, Delaware. The arbitral award shall be final and binding on the Parties.
13.6. Notices and Consent to Electronic Communications. All notices under these Terms shall be provided by electronic mail only. Notices from Us shall be sent to the email address associated with Your Account or any other email address designated by You. Notices to Us shall be sent to legal@kissflow.com. All notices shall be deemed received upon transmission, provided that no delivery failure or bounce-back notification is received.
13.7. Publicity Rights. You hereby grant Us a royalty-free, worldwide, transferable license to use the trademark or logo to identify You as Our customer on Our websites and/or marketing collateral and to include Your use of the Services in case studies.
13.8. Relationship of the Parties. The Parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship among the Parties.
13.9. Severability; No Waiver. If any provision in this Agreement is held by a court of competent jurisdiction to be unenforceable, such provision shall be modified by the court and interpreted so as to best accomplish the original provision to the fullest extent permitted by applicable law, and the remaining provisions of this Agreement shall remain in effect. Our non-exercise of any right under or provision of this Agreement does not constitute a waiver of that right or provision.
13.10. Survival. The following clauses shall survive any termination or expiration of this Agreement: Clause 5 (Intellectual Property Rights), Clause 7 (Charges and Payment, to the extent of accrued obligations), Clause 8.5 (Effect of Termination of Account), Clause 9 (Confidentiality; Data Privacy and Security), Clause 10 (Warranties & Disclaimer), Clause 11 (Limitation of Liability), Clause 12 (Indemnification), Clause 13.5 (Governing Law and Dispute Resolution), and this Clause 13.10. Termination shall not limit either Party’s liability for obligations accrued as of or prior to such termination or for any breach of this Agreement.
