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Notice Regarding Updates (19 May 2022)

Effective as of May 19, 2022

Archived as of August 16, 2022, click here for current Notice Regarding Updates.

We are updating the legal terms and conditions for use of the mParticle platform! This notice is applicable to you if you created a mParticle or Indicative account before the date set forth above or you otherwise agreed to a previous version of these updated terms.

Following the date set forth above, the mParticle Platform Terms of Service (the “mParticle TOS”) will govern your use of the mParticle platform. Note, however, that if you have a separate signed agreement with mParticle or Indicative for your use of the mParticle service or Indicative service, respectively, the mParticle TOS will not apply to you, unless that signed agreement does not cover a particular service, in which case, the mParticle TOS will apply solely to your use of that particular service.

Please review this notice to familiarize yourself with the changes. THE SUMMARIES BELOW ARE FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT REPLACE YOUR REVIEW OF THE MPARTICLE TOS IN ITS ENTIRETY.

The mParticle TOS will be effective and binding immediately. No further action is required on your part. Your continued use of the mParticle platform following the date set forth above constitutes your acceptance of the mParticle TOS. If you do not agree to the mParticle TOS, you must stop using our services immediately. The mParticle TOS replaces all previous mParticle and Indicative legal terms and conditions, as noted below.

For Existing mParticle Special Program Customers:

mParticle customers that previously agreed to the Special Program Terms and Conditions will now be subject to the mParticle TOS. For those customers participating in a Special Program (i.e., mParticle’s Accelerator Program), the provisions directed to Special Programs can now be found in Section 9 of the mParticle TOS.

For Existing Indicative Customers:

As you may be aware, mParticle acquired Indicative, Inc. (“Indicative”) on December 30, 2021. As of the date set forth above, Indicative is a wholly-owned subsidiary of mParticle. Indicative customers that previously agreed to the Indicative Terms of Service will now be subject to the mParticle TOS, which allows for use by customers of both the mParticle service and the Indicative service under one agreement. That being said, if you have a separate, signed agreement with Indicative for the Indicative service, such agreement will continue to govern your use of the Indicative service and the mParticle TOS will govern your use of the mParticle service as set forth therein.

Privacy Policies:

As of the date set forth above, mParticle and Indicative have separate Privacy Policies. The Privacy Policy for the mParticle service can be found here and the Privacy Policy for the Indicative service can be found here.

Summary of the mParticle TOS:

The mParticle TOS:

  • Covers the use by customers of both the mParticle service and the Indicative service under one agreement and allows for the provision by mParticle or its affiliates of additional services in the future;
  • Contains specific provisions for use of the mParticle platform by customers participating in a Special Program (see Section 9 of the mParticle TOS);
  • Contains specific provisions for use of the mParticle platform in connection with a proof of concept or demo of the platform (see Section 10 of the mParticle TOS); and
  • To the extent mParticle processes personal data on behalf of a customer that is subject to data protection laws, includes an updated mParticle Platform Privacy and Security Rider (attached to the mParticle TOS as Exhibit A) containing provisions governing international data transfers, including the incorporation by reference of (1) the standard contractual clauses for the transfer of Personal Data to third countries annexed to the European Commission's Implementing Decision 2021/914 of 4 June 2021; and (2) the "UK Addendum to the EU Standard Contractual Clauses" issued by the Information Commissioner's Office under s.119A(1) of the UK Data Protection Act 2018.