MoreThanDigital Insights Terms of Service Addendum

Last updated 04.10.2023

These additional terms of service (“Insights Terms”) apply specifically to the MoreThanDigital Insights platform and associated services (“Insights”) offered by MoreThanDigital International GmbH and its affiliates (“MoreThanDigital”, “we”, “us”). These Insights Terms supplement and are incorporated into MoreThanDigital’s main Standard Terms of Service (“Main Terms”). By accessing or using Insights, you agree to be bound by these Insights Terms.

1. Services and Account Registration

Insights provides a business intelligence platform and related services to customers (“Customers”) to analyze and benchmark company data. By registering for an Insights account, you represent you are authorized to agree to these Terms on behalf of your company. You agree to provide true, accurate registration details and to keep your account information updated.

MoreThanDigital Insights platform is purely an analytics and survey platform. We are not, nor do we represent ourselves to be, a consulting service or consulting advisory. Users should not interpret any of our data or insights as business, financial, legal, or any other type of advice. Decisions based on the data or insights from our platform are the sole responsibility of the user or certified consultants using it.

2. Data Collection, Use and Sharing

You agree to provide certain company data and information including financial metrics, employee survey responses, and related business information (“Company Data”) for the purposes of utilizing Insights. This Company Data will be used by MoreThanDigital solely to provide Insights services including customized analytics, benchmarking, platform improvements, and related services outlined on the Insights website.

Company Data shall not be shared with any third party except: (i) Anonymized, aggregated data for industry research and analytics; (ii) Vendors involved in providing Insights, under strict confidentiality obligations. You represent you have all rights to provide Company Data to MoreThanDigital and it complies with applicable laws. We claim no ownership or rights in Company Data except to process it on your behalf.

3. Employee Surveys

You are responsible for obtaining, recording and providing proof of affirmative consent from each employee before uploading their contact information or distributing an internal employee survey through Insights. All survey responses are treated as Company Data.

4. Data Security

We will use industry standard technical, administrative and physical controls to protect the confidentiality and security of Company Data, including encryption, access controls, logging, monitoring, and audits. However we cannot guarantee the security of data transmission or storage.

5. Data Retention and Deletion

Company Data will be retained only for the duration of your Insights account plus no more than 90 days thereafter, solely to address outstanding account issues. It will then be deleted from active systems except where retention is required for our legitimate interests or by law. Anonymized, aggregated benchmarking data may be retained by us indefinitely.

6. Account Termination

You may cancel your Insights account at any time through the platform or by contacting us. Upon cancellation, your access will be disabled and Company Data deleted within 90 days except as needed to address outstanding issues related to your account.

We may terminate your access to Insights for breach of these Terms. Upon termination, we will provide you access to export a copy of your accessible Company Data before deletion.

We may immediately suspend or terminate your access to Insights if we discover you have provided intentionally false, inaccurate or misleading Company Data.

7. Confidentiality

We will keep all Company Data strictly confidential using industry best practices, including access controls, encryption, staff training, and contractual protections.

8. Representations and Warranties

You represent and warrant that:

• You have obtained all necessary consents and rights to provide us Company Data
• You will promptly notify us of any data incidents or unauthorized access
• All Company Data provided is true, accurate and complete. Company Data does not contain any false, misleading or fake information.

9. Right to Audit

MoreThanDigital may request information to verify the authenticity and accuracy of Company Data, including supporting documents and details on data collection methods. With reasonable prior notice, MoreThanDigital reserves the right to request information from Customer in order to:

• Verify appropriate consents were obtained for Company Data
• Validate Customer’s legal right to share specific Company Data
• Confirm accuracy or clarify aspects of provided Company Data
• Ensure Company Data complies with our content guidelines

For any such requests, Customer agrees to:

• Respond with requested information in a timely manner
• Make relevant personnel available to answer questions related to Company Data
• Provide evidence of consents and legal right to share Company Data
• Cooperate to resolve any potential issues or concerns surfaced

MoreThanDigital agrees to:

• Limit requests to only what is necessary to validate compliance, accuracy and legal rights
• Make requests at reasonable times to minimize disruption
• Maintain confidentiality of proprietary company information
• Notify Customer promptly of any compliance concerns identified

10. Disclaimers of Warranties

We provide Insights “as is” without warranties of any kind. We disclaim all warranties express or implied, including accuracy, non-infringement, merchantability and fitness for a particular purpose. MoreThanDigital disclaims all responsibility and liability for the accuracy or legality of Company Data. Our Services are dependent on Customers providing true and accurate data.

Any perceived recommendations, opinions, or advice derived from the data are solely interpretations of the analytics and do not constitute expert advice or consulting services. Users should consult with appropriate professionals before making any decisions based on the insights provided by our platform.

11. Limitation of Liability

In no event shall our total liability arising out of or related to Insights exceed the total fees paid by you for Insights in the prior 12 month period. Further limitations in our Main Terms shall apply. Customer agrees to defend, indemnify and hold harmless MoreThanDigital from any third party claims or damages arising from Customer’s provision of fake, false or inaccurate Company Data.

12. Priority of Terms

If there is any conflict between these Insights Terms and the Main Terms, these Insights Terms shall prevail and govern solely with respect to Insights.