Page 5 of 10
<br />Content licenses may be altered or revoked by the applicable third party licensor and that if there is no material reduction of functionality in
<br />the Cvent System, removal or alteration of Third Party Content will not constitute a breach of the Agreement.
<br />5.8 Email Communication. By executing the Agreement, Customer hereby consents, on behalf of its signatory herein and each of its
<br />personnel who is assigned a user ID for access to the Services, to receiving email communications from Cvent regarding Cvent products and
<br />services, including but not limited to Cvent white papers, webcasts, videos, live events, and other marketing and information
<br />materials. Customer understands that its signatory and personnel may withdraw such consent at any time by unsubscribing from such email
<br />communications through the links provided therein.
<br />6 SUPPORT
<br />6.1 Obligations. Support services provided by Cvent as part of a SaaS Solution comprises of (i) technical support for workarounds so
<br />that the SaaS Solutions operate in material conformance with the Documentation and (ii) release of updates to the SaaS Solution, if and when
<br />available (collectively, “Support Services”). For the avoidance of doubt, updates to the SaaS Solutions may include subsequent releases to
<br />Products, which may include bug fixes, patches, error corrections, minor and major releases, non-new platform changes, or modifications or
<br />revisions that enhance existing performance. Updates exclude new products, updates to Developed Materials (except as expressly set forth
<br />in the Ordering Document), new modules or additional functionality for which Cvent generally charges a separate fee.
<br />6.2 Exceptions to Support. Cvent does not provide Support Services for any: (i) SaaS Solutions that have been altered or modified by
<br />anyone other than Cvent or its authorized partners; (ii) SaaS Solutions used other than in accordance with the Documentation; (iii)
<br />Professional Services, except if expressly set forth in the SOW; (iv) Developed Materials, except if expressly set forth in SOW; (v) errors or
<br />malfunction caused by Customer’s failure to comply with the minimum system requirement Documentation or by Customer’s use of non-
<br />conforming data; or (vi) errors and malfunction caused by any systems or programs not supplied by Cvent.
<br />6.3 Training. Customer will ensure that all of its users receive initial training services sufficient to enable Customer to effectively use
<br />the SaaS Solution. Failure to do so could result in additional fees after notice from Cvent if service requests are deemed excessive by Cvent,
<br />in Cvent’s reasonable discretion, due to insufficient training.
<br />6.4 Certificates. Cvent offers online, public, and private training to Customers, which in conjunction with the successful completion
<br />of an online examination, will establish the Supplier and/or Supplier’s personnel as a certificated Cvent Services venue/user. Online training
<br />and examination must be completed within sixty (60) days of registration. Online training is non-cancellable, and all fees paid for online
<br />training and examination are non-refundable. Cancellation or other modifications related to public or private training sessions and
<br />examinations must be requested at least five (5) business days prior to the existing scheduled training session(s). Supplier may incur
<br />additional fees, costs, and expenses arising from such cancellation or modifications and agrees to pay such additional fees, costs, and expenses
<br />to Cvent within thirty (30) days of the date of Cvent’s written request. The Supplier Certification is valid for two (2) years from the successful
<br />completion of the examination. Further details are available at http://www.cvent.com/EN/certification/supplier-professional.shtml and
<br />Supplier agrees that certification is subject to the terms and conditions therein.
<br />7 SECURITY STANDARDS AND SAFEGUARDS
<br />7.1 Payment Cards. If collected for Cvent Services (i.e., Passkey), Cvent will maintain safeguards against the destruction, loss or
<br />alteration of payment card information that is in the possession of Cvent and stored in a Cvent platform by implementing the applicable
<br />information security controls as set out in the then current version of the Payment Card Industry Data Security Standard (“PCI DSS”), or the
<br />immediately preceding version of PCI DSS.
<br />7.2 Personal Data Safeguards. Cvent will maintain safeguards against the unauthorized destruction, disclosure or alteration of
<br />Customer PII that is in the possession of Cvent in accordance with Cvent’s Security Measures. Upon Customer’s written request up to once
<br />annually, Cvent will provide Customer with a current copy of its Letter of Attestation with respect to its system architecture and vulnerability
<br />from an independent third-party assessor and a summary of SOC 2 (or substantially similar) audit report, as applicable.
<br />7.3 Security Incident. Cvent will promptly notify Customer (but in no event later than forty-eight (48) hours after becoming aware of
<br />the incident) of any information security incidents involving the unauthorized disclosure of any Customer PII maintained by Cvent (a
<br />“Security Incident”). The notice will include the approximate date and time of the occurrence and a summary of the relevant facts, including
<br />a description of measures being taken to investigate and address the Security Incident. Cvent will promptly investigate the cause of the
<br />Security Incident and will at its sole expense take all commercially reasonable steps to: (a) mitigate any harm caused to affected individuals;
<br />(b) prevent any future reoccurrence; and (c) comply with applicable data breach notification laws including the provision of credit monitoring
<br />and other fraud prevention measures.
<br />7.4 Compliance with Data Privacy Laws and Data Protection Agreement. Customer and Cvent will comply with all applicable
<br />privacy laws and regulations and will provide help and cooperation to the other as is reasonably necessary or requested to comply with these
<br />laws and regulations. If a SaaS Solution involves the processing of personal data of data subjects (as defined by applicable data protection
<br />legislation) located within the European Economic Area, UK, Switzerland, Dubai International Financial Centre, the State of California or
<br />the Commonwealth of Virginia on behalf of Customer, then the terms of the data processing addendum located
<br />at https://www.cvent.com/en/cvents-data-privacy-agreement are incorporated into these Terms of Use.
<br />8 WARRANTIES AND DISCLAIMERS
<br />8.1 Disclaimers. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, TO THE FULLEST EXTENT ALLOWABLE
<br />UNDER APPLICABLE LAW, CVENT DOES NOT MAKE ANY OTHER REPRESENTATION, WARRANTY REGARDING THE
<br />SERVICES, OR GUARANTY, AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY
<br />OR COMPLETENESS OF THE SERVICES PROVIDED OR OFFERED HEREUNDER. THE SERVICES ARE PROVIDED ON AN “AS
<br />IS” BASIS. ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR ANY
<br />Docusign Envelope ID: 6A684DF1-FB78-4C74-92A8-1B8FE29FD949
|