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Meltwater – Product Specific Terms

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Last updated: November 11, 2024

Meltwater – Product Specific Terms

These product specific terms (Product Terms) constitute part of Customer’s Agreement to use the Meltwater Platform. Meltwater may change these Product Terms at any time by posting a revised version on the Meltwater website at https://www.meltwater.com/en/product-specific-terms. By using the Meltwater Platform after any changes of these Product Terms, Customer agrees to be bound by the changed terms provided that any changes shall not result in a material reduction of Customer’s use of the Meltwater Platform (with the exception of the availability of any Third Party Content). Customer shall defend or settle, at Customer’s expense, any third party claims against Meltwater related to Customer’s breach of these Product Terms. Capitalized terms used in these Product Terms but not defined below are defined in the General Terms and Conditions or similar agreement governing Customer’s use of the Meltwater Platform (Agreement). For the purposes of these Product Terms, the Meltwater Platform shall also include Meltwater Services to the extent referenced in the Agreement.

1. Media Relations Database

1.1. Customer acknowledges that by accessing and using any information regarding journalists or content creators (or uploading Customer’s own contacts) in Meltwater’s journalist database, Customer will process any Personal Data (as defined under GDPR or the applicable definition under other privacy regulations) as a separate and distinct Independent Controller (as defined under GDPR or the applicable definition under other privacy regulators) of this data and shall comply at all times with any applicable data protection laws.

1.2. Customer acknowledges, confirms and represents that Customer shall (i) process the Personal Data solely for the purposes set out in the Agreement and in accordance with any applicable data protection laws; (ii) not use any information regarding journalists or content creators provided by Meltwater for purposes outside of the reasonable expectations of the data subject (such as for general marketing purposes) or in another other way that may violate applicable law (including applicable anti-spam laws); (iii) where applicable, provide necessary fair processing notices and obtain relevant permissions or consents for processing Personal Data as required by any applicable data protection laws; (iv) have a lawful basis to process the Personal Data for Customer's purposes; and (v) implement appropriate technical and organizational security measures in relation to any processing of the Personal Data outside the Platform, which shall ensure a level of security appropriate to the risk and at a minimum shall include all the measures required by any applicable data protection laws.

1.3. Customer warrants that Customer shall (i) only send communications to Data Subjects (as defined under GDPR or the applicable definition under other privacy regulations) that are relevant and within the reasonable expectations of the data subject; (ii) promptly respond to and comply with any requests from data subjects to exercise their privacy rights; and (iii) to the extent such requests refer to Meltwater's processing activities, notify Meltwater within 5 business days, of any requests from data subjects to exercise their privacy rights.

1.4. Customer shall notify Meltwater as soon as reasonably practicable upon becoming aware of a personal data breach, not refer to Meltwater in any notification of such breach to any regulatory authority or third party unless required to do so by applicable laws, where so required, provide a copy of any proposed notification to Meltwater and consider in good faith any comments made by Meltwater before notifying the personal data breach to any third parties and, take appropriate measures to address the personal data breach, including measures to mitigate its possible adverse effect.

2. AI Features

2.1. Customer acknowledges that the artificial intelligence (“AI”) features provided by Meltwater are designed to assist users in generating content, but may not always be error-free. Meltwater does not guarantee and is not responsible for the completeness, accuracy, legality or reliability of any generated content.

2.2. Customer agrees to review and make appropriate changes to any generated content before further publication or use. Customer is fully responsible for any inputs that Customer provides for the AI features and any use of generated content, including with respect to any potential infringement of third party rights, violation of applicable laws and unethical uses such as online abuse and dis/misinformation. Meltwater disclaims any liability for any loss, damage or harm resulting from the use of generated content. Customer acknowledges that generated content may contain Third Party Content and such content is subject to Third Party Content terms in the Agreement.

2.3. Meltwater does not guarantee the availability of any particular content (including, but not limited to, Third Party Content) in connection with any AI features. Meltwater may restrict, limit or deprecate any AI features in its sole discretion (including, but not limited to, where Meltwater determines that a Customer’s usage interferes with or disrupts the Meltwater Platform).

3. Social Media Content

3.1. Subject to the approval of each social media network mentioned below, Customer may receive content from such social media network or post content to such social media network pursuant to the Agreement. Meltwater does not guarantee the availability of any content made available by the respective social media networks. Customer represents that Customer has read, understands and agrees to be bound by each social media network’s respective terms as follows:

3.2. Customer further agrees to take any action requested by Meltwater or the respective social media network to ensure compliance with any applicable terms and policies. Meltwater or the respective social media network may terminate Customer's access to content if either Meltwater or the respective social media network reasonably believes that Customer is violating any applicable terms and policies.

3.3. Customer may authorize Meltwater to access and integrate Customer’s social media accounts into the Meltwater Platform. Customer acknowledges and agrees that it is instructing Meltwater to access information related to these accounts on Customer’s behalf to enable such integrations and provide the related content to Customer. Customer is responsible for complying with all applicable terms and conditions and applicable law (including privacy obligations) as a result of such integrations and provision of content.

4. Meltwater APIs

4.1. Customer acknowledges that the availability of any content through any API service made available by Meltwater (each, a “Meltwater API”) may vary depending on jurisdiction and Meltwater does not guarantee the availability of any particular content through any Meltwater API.

4.2. Customer is not permitted to use any Meltwater API or any data in any manner that does or could potentially undermine the security of any Meltwater API or any other data or information stored or transmitted via any Meltwater API. In addition, Customer shall not, and shall not attempt to, interfere with, modify or disable any features, functionality or security controls of any Meltwater API, defeat, avoid, bypass, remove, deactivate or otherwise circumvent any protection mechanisms for any Meltwater API, or reverse engineer, decompile, disassemble or derive source code, underlying ideas, algorithms, structure or organizational form from any Meltwater API.

4.3. Meltwater does not grant any usage rights for any content obtained through any Meltwater API. Customer is solely liable for any subsequent use of content obtained through any Meltwater API and shall comply with any terms and conditions of content providers that may apply, including but not limited to requirements related to privacy and security and, for the avoidance of doubt, any restrictions of use and Third Party Content terms in the Agreement. Additionally, Customer shall not use any content obtained, related or derived through any Meltwater API to train, fine-tune, ground or develop any artificial intelligence systems. Customer shall comply with any instructions (including deletion requests) from Meltwater regarding any content made available through any Meltwater API.

5. CSV Exports

5.1. Meltwater may provide functionality in the Meltwater Platform for Customer to export content via CSV files. Customer shall not export more than 30,000 documents per month via this export method unless otherwise agreed with Meltwater. Meltwater reserves the right to limit or restrict this functionality if it determines that it is being abused. Meltwater does not guarantee the availability of any particular content (including, but not limited to, Third Party Content) through such export functionality.

5.2. Meltwater does not grant any usage rights for any content obtained through this export method. Customer is solely liable for any subsequent use of content obtained through this export method and shall comply with any terms and conditions of content providers that may apply, including but not limited to requirements related to privacy and security and, for the avoidance of doubt, any restrictions of use and Third Party Content terms in the agreement governing Customer’s use of the Meltwater Platform Agreement. Additionally, Customer shall not use any content obtained, related or derived through this export method to train, fine-tune, ground or develop any artificial intelligence systems. Customer shall comply with any instructions (including deletion requests) from Meltwater regarding any content made available through this export method.