·Miro legal information

·Privacy Policy

·Effective Date: August 1, 2025

·This Privacy Policy describes how RealtimeBoard, Inc. dba Miro, including its affiliates and subsidiaries (collectively, RealtimeBoard, Inc., Miro and also referred to as our, us and we) collects, uses and discloses information from or about an identified or identifiable person, including information that we can associate with an individual person ("Personal Data"), as well as any choices you have with respect to your Personal Data.

11. Applicability of this Privacy Policy

·This Privacy Policy applies to Miro's online collaboration tools and platform, including the associated Miro mobile and desktop applications (collectively, the "Services"), miro.com and other Miro websites (collectively, the "Websites"), other interactions (e.g. customer support, the Miro Community, etc.) you may have with Miro, and the processing of any messages, text, files, images, video or audio recordings, or other content submitted through our Services. This Privacy Policy does not apply to any third-party applications or software that integrate with our Services ("Third-Party Services"), or any other third-party products, services or businesses.

·You, the organization (e.g., your employer or another entity or person) controlling the use of the Services ("Organization") and any associated Customer Content, and any individuals who are granted access to the Services by an Organization ("Users" and, collectively with you and an Organization, "Customer") are also bound by the Terms of Service or the Master Cloud Agreement, as applicable, and any product-specific Terms (together, the "Customer Agreement").

·If you have any questions about specific Organization settings and privacy practices, please contact the Customer whose Organization you use. If you have received an invitation to join an Organization but have not yet created an account, you should request assistance from the Customer that sent the invitation.

22. The types of Personal Data we collect

·Your Personal Data is provided by you, obtained from third parties, and/or created by us when you use the Services.

·Customer Content is the information we obtain from you when you use Miro Services (which may include Personal Data), except for data that is considered Services Data.

·Services Data includes:

• ·Organization and account information, including contact and login information. To create or update an Organization account, you or the relevant Customer (e.g. you or your employer) will supply Miro with an email address, phone number, password, domain and/or similar account details. We may also receive your email address and name from Slack or other organizations with whom our platform has integrations through which you may sign up to use our Services.
• ·Billing information. Customers that purchase a paid version of the Services may provide Miro (or its payment processors) with billing details such as credit card information, banking information and/or a billing address.
• ·Service metadata. When a User interacts with the Services, metadata is generated to provide additional context about their use of the Services. For example, Miro logs the Organizations, boards, people, features, content and links that you view or interact with, as well the types of files shared and any Third-Party Services that you use.
• ·Activity data. Like most websites and services delivered over the Internet, our servers automatically collect information when you access or use our Websites or Services, recording this information in log files. This log data may include the Internet Protocol (IP) address, the address of the web page visited before using the Website or Services, your browser type and settings, the date and time the Services were used, information about browser configuration and plugins, and language preferences.
• ·Device data. Miro collects information about devices accessing the Services, including the type of device, operating system used, device settings, application IDs, unique device identifiers and crash data. Whether we collect some or all of this Services Data often depends on the type of device used and its settings.
• ·Location data. We receive information from you, the relevant Customer and other third-parties that helps us approximate your location. We may, for example, use a business address submitted by your employer or an IP address received from your browser or device to determine approximate location. Miro may also collect location information from devices in accordance with the consent provided by your device.
• ·Third-party data. Miro may receive data about organizations, industries, lists of companies that are customers, Website visitors, marketing campaigns, events, and other matters relevant to our business from parent corporations, affiliates and subsidiaries, our partners, or other third parties that we use to make our own information more useful. This data may be combined using technologies like AI, and may include aggregate-level data. For example, information about how well an online marketing or email campaign performed, or to create a business contacts directory.
• ·Marketing and communications data. Miro may obtain marketing information, including your preferences in receiving marketing from us and our third parties and your communication preferences.
• ·Cookie data. Miro uses a variety of cookies and similar technologies in our Websites and Services to help us collect Services Data. For more details about how we use these technologies, as well as your opt-out opportunities and other options, please see our Cookie Policy.
• ·Email performance data. Miro uses a 'clear image' (gif) in email communications in order to track engagement and performance metrics. Much of this data is aggregated and does not contain Personal Data. If you wish to turn off this tracking, you can do so by turning off images in the email itself.
• ·Third-Party Services data. A Customer may choose to use Third-Party Services. If Customer enables Third-Party Services, Miro may access and exchange Customer Content and Services Data with the Third-Party on Customer's behalf, in accordance with our agreement with the Third-Party Services and any permissions granted by the Customer (including its User(s)).
• ·Contact data. In accordance with the consent provided by your device or other third-party API, we process any contact information that a User chooses to import when using the Services.
• ·Community data. We also receive Services Data when submitted to our Websites or in other ways, such as if you participate in the Miro Community, Miro Academy, or Miroverse, or Miro events. This data is either submitted directly to the Services, or collected during forums, programs, contests, activities, events, or educational programs hosted by Miro (or a vendor).
• ·Customer support data. When you request support, our Customer Success team may process information about you, including recording video or telephone calls with Customers for the purposes of training and quality assurance. You will be notified if a recording is made, and can request that Miro does not record these calls.
• ·Additional data provided to Miro. If you use Miro's AI features pursuant to our Terms of Service, Services Data also includes data associated with your interaction with these technologies. We also receive Services Data when submitted to our Websites or in other ways, such as when you request support, interact with our social media accounts or otherwise communicate with Miro.
• ·Business data. Miro may receive information about individuals from organizations, industries, Customers, (potential) partners, parent corporations, affiliates and subsidiaries, and our partners for cooperation and communication purposes.

·Generally, no one is under a statutory or contractual obligation to provide any Personal Data. However, certain Personal Data is collected automatically and, if some Personal Data, such as Organization setup details, is not provided, we may be unable to provide the Services.

33. How we use Personal Data

·Customer Content. Customer Content that is Personal Data will be used by Miro in accordance with Customer's instructions, including any applicable terms in the Customer Agreement, to provide and improve the Services, and as required by applicable law. This may include automated analysis of general service use cases relevant to you.

·Services Data. Miro uses Services Data as permitted by law, including for our legitimate interests in operating our Services, Websites and business. For example, Miro uses Services Data:

• ·To provide, improve, and personalize our Services, including AI Features (see here for a description of AI Features), and Websites. This includes enabling you to create an account, create, store and share content and collaborate with others on our platform as well as the use of Services Data from Miro features, tools and templates to recommend or to allow you to discover other Miro features, tools or templates that are relevant to you. For example, to recommend Miro Space or Board templates that are relevant to you, we may use information such as the frequency and time period you engage with certain features and tools in our Service, and infer the relevance of related templates to you.
• ·To protect the security and integrity of our Services, Websites and business. This includes the use of Services Data to support provision of the Services to you, including to create or update an Organization, to prevent or address service errors, security or technical issues, and to analyze and monitor usage of the product and its features, trends and other activities.
• ·To comply with applicable law, legal process or regulation.
• ·To support and communicate with you by responding to your requests, comments and questions. If you contact us, we may use your Services Data to respond.
• ·To develop, test and provide search, learning and productivity tools and additional features. Miro tries to make the Services as useful as possible. For example, we make Services suggestions based on historical use and predictive models, identify organizational trends and insights, customize your experience of the Services, or to create and develop new features and products.
• ·To conduct market and user research. To improve our Services and troubleshoot new products and features, we may carry out research. For example, we may survey Customers (including Admins, Users and other contacts) or third parties about customer satisfaction, user experience, the effectiveness of our marketing campaigns, and their broader interests.
• ·To send emails and other communications.
• ·Transactional: As part of our services, we provide users with certain communications and updates, We may send you service, transactional, technical and other administrative communications, such as communications about your account, your use of our Services, our Service offerings, changes to the Services, and important Services-related notices, such as security and fraud notices. We consider these communications as part of our Services to you.
• ·Promotions/Marketing: In addition, we may send you emails about promotional communications, or other news about Miro. You can opt-out of, or unsubscribe from, these messages at any time by using the unsubscribe link included in all of these communications.
• ·For billing, account management and other administrative matters. Miro may need to contact you for invoicing, account management, and similar reasons and we use account data to administer accounts and keep track of billing and payments.
• ·To investigate and help prevent security issues and abuse.
• ·To manage and to contact you with regard to involvement. We may need to manage and contact you with regard to your involvement and participation in the Miro Community (such as the forums, programs, Miroverse, contests, activities, events or educational programs hosted by Miro or a vendor).

·If information is aggregated so that it can no longer reasonably be associated with an identified or identifiable natural person, Miro may use it for any business purpose.

44. Data retention

·Miro will retain Customer Content and Personal Data in accordance with a Customer's instructions, including any applicable terms in the Customer Agreement and Customer's use of the Services, and as required by applicable law. The deletion of Customer's account may result in the deletion of Customer's personal data and certain associated Services Data. Miro may retain Services Data for as long as necessary for the purposes described in this Privacy Policy.

·Further, note that we may keep certain types of Services Data after the deactivation of an account for the period needed for Miro to pursue legitimate business interests, conduct audits, comply with (and demonstrate compliance with) legal obligations, resolve disputes, and enforce our agreements.

55. How we share and disclose Personal Data

·This section describes how Miro may share and disclose Personal Data. Customers may also determine their own policies and practices for the sharing and disclosure of Personal Data within their control. Miro does not control how they or any other third party chooses to share or disclose Personal Data.

·Miro may share and disclose Personal Data in accordance with a Customer's instructions, including any applicable terms in the Customer Agreement and the Customer's use of the Services and in compliance with applicable law. Where necessary, Miro may only share Personal Data with third parties where we have obtained consent to do so.

·We may share Personal Data as follows:

• ·Vendors. We may engage third parties as service providers or processors to process Personal Data. These third parties may, for example, provide virtual computing and storage services, or we may share business information to develop strategic partnerships to support our Customers. Please see more information on our subprocessors here.
• ·Third-Party Services. Customers may enable Third-Party Services. When enabled, Miro may access and exchange Customer Content with the provider of a Third-Party Service on Customer's behalf. For example, the AI features may share limited data with Microsoft in connection with the use of the AI features and to monitor compliance with codes of conduct. Third-Party Services are not owned or controlled by Miro and third parties that have been granted access to Personal Data may have their own policies and practices for its collection, use, and sharing. Please check the permissions, privacy settings, and notices for these Third-Party Services or contact the relevant provider with any questions.
• ·Development Partners. We may share Personal Data with developers, partners and others we engage to create Miro applications and/or integrate Miro features.
• ·Marketing, Advertising, and Analytics Partners. We may use advertising and analytics services that are intended to analyze your use of our Services based on information obtained from cookies or other trackers, including for delivering advertising to you (such as interest-based, targeted, or cross-context behavioral advertising).
• ·Corporate Affiliates. Miro may share Personal Data with its corporate affiliates, parents and/or subsidiaries for business continuity purposes.
• ·During a change to Miro's business. If Miro engages in a merger, acquisition, bankruptcy, dissolution, reorganization, sale of some or all of Miro's assets or stock, financing, public offering of securities, acquisition of all or a portion of our business, a similar transaction or proceeding, or steps in contemplation of such activities, some or all Personal Data may be shared or transferred, subject to standard confidentiality arrangements.
• ·To comply with laws. If we receive a request for Personal Data, we may disclose Personal Data if we reasonably believe disclosure is in accordance with or required by any applicable law, regulation, or legal process.
• ·To enforce our rights, prevent fraud, and for safety. To protect and defend the rights, property or safety of Miro, its users, or third parties, including enforcing its contracts or policies, or in connection with investigating and preventing illegal activity, fraud, or security issues, including to prevent death or imminent bodily harm.

·Owners, Administrators, Users, and others.. Although Miro does not exercise control over this form of data sharing, when a User submits Customer Content (including Personal Data), it may be displayed to other Users that have access to the same Miro Board. For example, a User's name and Miro profile may be displayed. Please consult the Help Center for more information on this functionality. Owners, administrators, Users, and other Customer representatives and personnel may also be able to access, modify, or restrict access to Personal Data. This may include, for example, your employer using Service features to export logs of your activity or accessing or modifying your profile details.

66. Security

·Miro takes the security of Personal Data seriously. Miro strives to protect Personal Data from unauthorized access or disclosure. Miro cannot guarantee that Personal Data stored or sent to Miro will be completely safe and encourages you to use caution. To the maximum extent allowed by applicable law, you agree and acknowledge that Miro will not be liable or responsible if any information about you is intercepted, accessed, and/or used by an unintended recipient.

77. Our responsibility for third party links

·Our Services may contain links to websites and services operated by third parties, which we do not own or control. This Privacy Statement does not apply to your use of such third party websites, and you should read the relevant privacy notices and terms and conditions before using such websites or services.

88. Age restriction

·Miro does not allow use of our Services and Websites by anyone younger than 16 years old ("Minor"). If you learn that a Minor has unlawfully provided us with Personal Data, please contact us and we will take steps to delete this information.

·By using our Services and Websites, you represent and warrant that you are not a Minor as of the date of first access to our Services and Websites.

99. International transfers

·RealtimeBoard Inc. has an international corporate presence, as such our collection of Personal Data necessarily involves the transmission of data on an international basis. If you are an individual located outside of the United States, please be aware that information we collect may be transferred to and processed in the United States and elsewhere outside the United States. As more fully described in the Customer Agreement terms between you and RealtimeBoard Inc., personal data may be transferred across international borders, including without limitation from the EEA, Switzerland, and UK to the United States. Any cross-border transfers of personal data are supported by an approved adequacy mechanism where required by applicable law, such as the EU Standard Contractual Clauses.

·RealtimeBoard Inc. complies with the EU-US Data Privacy Framework ("EU-US DPF"), the UK Extension to the EU-US DPF, and the Swiss-US Data Privacy Framework ("Swiss-US DPF") as set forth by the U.S. Department of Commerce. RealtimeBoard Inc has certified to the US Department of Commerce that it adheres to the EU-US Data Privacy Framework Principles ("EU-US DPF Principles") with regard to the processing of personal data received from the European Union in reliance on the EU-US DPF and from the United Kingdom (and Gibraltar) in reliance on the UK Extension to the EU-US DPF. RealtimeBoard Inc has certified to the US Department of Commerce that it adheres to the Swiss-US Data Privacy Framework Principles ("Swiss-U.S. DPF Principles") with regard to the processing of personal data received from Switzerland in reliance on the Swiss-US DPF. With respect to onward transfers of Personal Data to the EU-US DPF, the UK Extension to the EU-US DPF, and the Swiss-US DPF, we remain liable for processing such transfers in accordance with the Principles. If there is any conflict between the terms in this privacy policy and the EU-US DPF Principles and/or the Swiss-US DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit the U.S. Department of Commerce's Data Privacy Framework website by clicking here or visiting https://www.dataprivacyframework.gov/.

·RealtimeBoard Inc. may disclose your Personal Data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. If you have a question or complaint related to participation by RealtimeBoard Inc. in the DPF program, we encourage you to contact us online. For any complaints related to the DPF that RealtimeBoard Inc. cannot resolve directly, we have chosen to cooperate with the relevant EU Data Protection Authority, or a panel established by the European data protection authorities, for resolving disputes with EU individuals, the UK Information Commissioner (ICO) for resolving disputes with UK individuals, and the Swiss Federal Data Protection and Information Commissioner (FDPIC) for resolving disputes with Swiss individuals. Please contact us if you'd like us to direct you to your data protection authority contacts. As further explained in the Principles, binding arbitration is available to address residual complaints not resolved by other means. RealtimeBoard Inc. is subject to the investigatory and enforcement powers of the United States Federal Trade Commission (FTC).

·If we share your Personal Data with any RealtimeBoard Inc. affiliates or third parties located in countries outside the European Economic Area, or Switzerland, the United Kingdom, or the United States we take steps to ensure that appropriate safeguards are in place to guarantee the continued protection of your Personal Data, such as by entering into the Standard Contractual Clauses adopted by the European Commission (article 46(2)(c) GDPR), which are available here, and which were also adopted by the UK Government under section 119A of the UK Data Protection Act 2018.

·You can request a copy of the relevant safeguards we rely upon for international transfers by contacting us as set out in Section 13.

1010. Your rights

·Where we are the controller of your Personal Data, and subject to the privacy rights granted to you under the law in your country, you have the following rights:

• ·Access. You can request access to your Personal Data, subject to applicable law.
• ·Portability. You can request a copy of your Personal Data that we process on the basis of consent or in order to perform a contract with you.
• ·Erasure. You can request to erase your Personal Data that we are not required to process for compliance with law or in connection with legal claims. Where we rely on an exemption, we will inform you about this.
• ·Correction. You can request that we correct inaccurate information we maintain about you.
• ·Objection and restriction of processing. You can use the "unsubscribe" link in our marketing communications to stop us from using your information for that direct marketing. You can object to our processing of your Personal Data where we rely on legitimate interests or perform a task in the public interest. We will consider several factors when assessing an objection, including reasonable expectations of Miro customers, the benefits and risks to you, us, other users or other available means to achieve the same purpose that may be less invasive and do not require disproportionate effort. Unless we find that we have compelling legitimate grounds for this processing, which are not outweighed by your interests or fundamental rights and freedoms, or the processing is needed for legal reasons, your objection will be upheld and we will cease processing your Personal Data.
• ·Withdrawal of consent. Where you have provided your consent to our processing of your Personal Data, you can withdraw your consent at any time. If you do withdraw consent, it will not affect the lawfulness of what we have done with your Personal Data before you withdrew consent.

·Exercising Your Rights. To exercise your rights or ask us any questions pertaining to your rights, please contact us using the details set out in Section 13 below. Please note that we may request you to provide us with additional information in order to confirm your identity and ensure that you are entitled to access the relevant personal information.

·You also have the right to lodge a complaint to a data protection authority. For more information, please contact your local data protection authority.

1111. Certain United States-specific rights

·Categories of Personal Data we receive. We may collect, or process on behalf of our customers, the categories of Personal Data described in Section 2 above.

·Sources. For information regarding the categories of sources from which we collect your Personal Data, please see Sections 2 and 3 above.

·Our business and commercial purposes for use. For information regarding the specific purposes for which we collect and disclose your Personal Data, please see Sections 3 and 5 above.

·Retention. Information about our retention of Personal Data is described in Section 4 above.

·Sensitive Personal Data. Certain data that you disclose in Customer Content may be considered sensitive data under applicable law and may be processed in connection with providing and improving the Services. We only use and disclose sensitive Personal Data for the purposes specified in applicable law or otherwise with your consent.

·Depending on where you live in the United States, you may have the following rights:

• ·Access/know. You can request access to the Personal Data we hold about you, how we use it and who we share it with. You have the right to know what Personal Data we collect about you, including the categories of Personal Data, the categories of sources from which the Personal Data is collected, the business or commercial purpose for collecting, selling, or sharing Personal Data, the categories of third parties to whom the business discloses Personal Data, and the specific pieces of Personal Data the business has collected about you.
• ·Deletion. You can request that we delete any of your Personal Data that we collected from you and retained, subject to certain exceptions.
• ·Correction. You can request that we correct inaccurate information we maintain about you.
• ·Opt out of "Sale" and "Sharing". While we do not sell your Personal Data in the conventional sense, we may use advertising and analytics services that are intended to analyze your use of our Services based on information obtained from cookies or other trackers, including for delivering advertising to you (such as interest-based, targeted, or cross-context behavioral advertising). You can opt out of the use of cookies and other trackers on our website by visiting our "Do Not Sell or Share My Personal Information" page. You will need to set your preferences from each device and each web browser from which you wish to opt out. This feature uses a cookie to remember your preference, so if you clear all cookies from your browser, you will need to re-select your preferred settings. We do not have actual knowledge that we "sell" or "share" the personal information of consumers under 16 years of age.
• ·Portability. You can request that we transfer to you a copy of the Personal Data we hold about you.
• ·Limit use or disclosure of Sensitive Personal Data. If we use sensitive Personal Data in certain circumstances, you may have the right to limit the use or disclosure of sensitive Personal Data by us.
• ·Withdrawal of Consent. Where we rely on consent to process your Personal Data, you may have the right to withdraw this consent at any time. If you confirm that you wish to withdraw your consent, we will delete your information from our systems. However, you acknowledge this may limit our ability to provide you with the best possible products and services.

·Exercising Your Rights. You can exercise your rights as described above by contacting us as set out in Section 14. Only you, or a person or business entity that you authorize to act on your behalf (an "authorized agent"), may make the requests set forth above. You may also make a request on behalf of your minor child. The request should include your contact information and describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. In addition, you should provide adequate information that we can reasonably verify that you are the person about whom we collected the personal information (including information that enables us to verify the identifying information we possibly maintain about you), such as your first and last name, email address, and the state in which you reside.

·We will respond to consumer requests in a reasonably timely manner. If we require extra time to respond, we will inform you of the reason and extension period in writing. In order to protect the security of your Personal Data, we will not honor a request if we cannot verify your identity or authority to make the request and confirm the Personal Data relates to you. The method used to verify your identity will depend on the type, sensitivity and value of the information, including the risk of harm to you posed by any authorized access or deletion. Generally speaking, verification will be performed by matching the identifying information provided by you to the Personal Data that we already have.

·Any disclosures we provide will only cover the 12-month period preceding our receipt of your request (and will not be made more than twice in a 12-month period). If we cannot comply with a request, or cannot fully comply with a request, the response we provide will also explain the reasons we cannot comply.

·Non-Discrimination. We will not discriminate against you for exercising any of your rights based on California data protection laws, including, but not limited to, by:

• ·Denying you goods or services.
• ·Charging you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
• ·Providing you a different level or quality of goods or services.
• ·Suggesting that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

1212. Changes to this Privacy Policy

·Miro may change this Privacy Policy from time to time. Laws, regulations, and industry standards evolve, which may make those changes necessary, or we may make changes to our services or business. We will post the changes to this page and we encourage you to review our Privacy Policy to stay informed. If we make material changes to the Privacy Policy, Miro will take commercially reasonable efforts to notify you and take additional steps as required by law. If you disagree with the changes to this Privacy Policy, you should deactivate your account and discontinue your use of the Services. Contact the relevant Customer if you wish to request the removal of your Personal Data under their control.

1313. How to contact Miro

·If you have questions about this Privacy Policy, or regarding your Personal Data, you can contact us online, or by mail at:

·RealtimeBoard, Inc. dba Miro ATTN: Privacy Team 315 Montgomery St Suite 900 94104 San Francisco, USA

·Our representative in the European Union:

·RealtimeBoard BV ATTN: Data Protection Team Singel 542 1017 AZ Amsterdam, NL

·Miro legal information

·Terms of Service

·Any translated versions of the Agreement in a language other than English are provided as a courtesy only. In the event of any conflict or discrepancy between any translated version of the Agreement and the English language version, the English language version shall prevail.

·These are the standard terms of service applicable to all Miro self-serve and reseller customers. If you have subscribed to an Enterprise Plan, please visit our Master Cloud Agreement. Publication date July 19, 2021 Effective date September 1, 2021

·This Miro Terms of Service ("Agreement") is entered into by and between RealtimeBoard Inc. dba Miro or the Miro Affiliate identified in an Order ("Miro") and the entity or person placing an order for or accessing the Service ("Customer" or "you"). This Agreement consists of the terms and conditions set forth below and any Orders. If you are accessing or using the Service on behalf of your company, you represent that you are authorized to accept this Agreement on behalf of your company, and all references to "you" reference your company.

·The "Effective Date" of this Agreement is the date which is the earlier of (a) Customer's initial access to the Service through any online provisioning, registration or order process or (b) the effective date of the first Order. This Agreement will govern Customer's initial purchase on the Effective Date as well as any future purchases made by Customer that reference this Agreement. Miro may modify this Agreement from time to time as permitted in Section 19 (Modifications to Agreement). Purchase from Reseller: If Customer purchases the Service from an authorized reseller of Miro ("Reseller"), Customer's use of the Service will be governed by this Agreement, subject to Section 19.14 (Reseller Orders) below. By indicating your acceptance of this Agreement or accessing or using the Service, you are agreeing to be bound by the terms and conditions of this Agreement. Each party expressly agrees that this Agreement is legally binding upon it.

11. Overview

·Miro offers a unique Service for visual collaboration that is designed to allow Users to create, collaborate and centralize communication through interactive online virtual whiteboards. Customer maintains sole control over the types and content of all Customer Content it submits to the Service.

22. The Service

2.12.1 Permitted Use

·During the Subscription Term, Customer may access and use the Service only for its internal business or personal purposes in accordance with the Documentation and this Agreement, including any usage limits in an Order. This includes the right to copy and use the Software as part of Customer's authorized use of the Service.

2.22.2 Users

·Only Users may access or use the Service. Each User must keep its login credentials confidential and not share them with anyone else. Customer is responsible for its Users' compliance with this Agreement and actions taken through their accounts (excluding misuse of accounts caused by Miro's breach of this Agreement). Customer will promptly notify Miro if it becomes aware of any compromise of its User login credentials. Miro uses User account information as described in its Privacy Policy.

2.32.3 Administrators

·Customer may designate a User as an administrator with control over Customer's Service account, including management of Users and Customer Content, as described in the Documentation. Customer is fully responsible for its choice of administrators and any actions they take.

2.42.4 Customer Affiliates

·Customer's Affiliates may use the Service as Users of Customer. Alternatively, an Affiliate of Customer may enter its own Order(s) as mutually agreed with Miro, and this creates a separate agreement between the Affiliate and Miro that incorporates this Agreement with the Affiliate treated as "Customer." Neither Customer nor any Customer Affiliate has any rights under each other's agreement with Miro, and breach or termination of any such agreement is not breach nor termination under any other.

2.52.5 Registration Using Corporate Email

·If you created an account using an email address belonging to your employer or other entity, you represent and warrant that you have authority to create an account on behalf of such entity and further acknowledge that Miro may share your email address with and control of your account may be taken over by such entity (as the "Customer"). Upon such takeover, the administrator controlling the account may be able to (i) access, disclose, restrict or remove information from the account, (ii) restrict or terminate your access to the Service and (iii) prevent you from later disassociating such account from the Customer.

2.62.6 Access to Third Party Boards

·If you are invited to another Customer's Board, you acknowledge that your access to that Board as well as any content you submit will be under the sole control of that other Customer.

2.72.7 Sharing Settings

·Through the Service you control who you share Boards with (including making Boards public). Miro has no liability for how others may access or use Customer Content as a result of your or your Users' decision to share a Board.

2.82.8 Age Requirement for Users

·The Service is not intended for, and may not be used by, anyone under the age of 16. Customer is responsible for ensuring that all Users are at least 16 years old.

2.92.9 Restrictions

·Customer will not (and will not permit anyone else to) do any of the following: (a) provide access to, distribute, sell or sublicense the Service to a third party, (b) use the Service on behalf of, or to provide any product or service to, third parties, (c) use the Service to develop a similar or competing product or service, (d) scrape, data mine, reverse engineer, decompile, disassemble or seek to access the source code or non-public APIs to or unauthorized data from the Service, except to the extent expressly permitted by Law (and then only with prior notice to Miro), (e) modify or create derivative works of the Service or copy any element of the Service (other than authorized copies of the Software), (f) remove or obscure any proprietary notices in the Service or otherwise misrepresent the source of ownership of the Service, (g) publish benchmarks or performance information about the Service, (h) interfere with the Service's operation, circumvent its access restrictions or conduct any security or vulnerability test of the Service, (i) transmit any viruses or other harmful materials to the Service, (j) allow Users to share User seats, (k) engage in any fraudulent, misleading, illegal or unethical activities related to the Service or (l) use the Service to store or transmit material which contains illegal content.

33. Support

·During the Subscription Term, Miro will provide Support in accordance with the Support Policy.

44. Customer Content

4.14.1 Data Use

·Customer grants Miro the non-exclusive, worldwide right to use, copy, store, transmit and display Customer Content and to modify and create derivative works of Customer Content (for reformatting or other technical purposes), but only as necessary to provide the Service, Support and any Technical Services to Customer under this Agreement.

4.24.2 Security

·Miro uses reasonable technical and organizational measures designed to protect the Service and Customer Content as described in the Security Policy.

4.34.3 Personal Data

·Each party agrees to comply with the DPA.

4.44.4 Data Export

·During the Subscription Term or within 30 days thereafter, Customer may export its Customer Content from the Service using the export features described in the Documentation. After this export period, Miro may delete Customer Content in accordance with its standard schedule and procedures. If Customer elects to proactively delete its account at any time, all associated Customer Content will be deleted permanently and cannot be retrieved.

55. Customer Obligations

5.15.1 Generally

·Customer is responsible for its Customer Content, including its content and accuracy, and agrees to comply with Laws in using the Service. Customer represents and warrants that it has made all disclosures and has all rights, consents and permissions necessary to use its Customer Content with the Service and grant Miro the rights in Section 4.1 (Data Use), all without violating or infringing Laws, third-party rights (including intellectual property, publicity or privacy rights) or any terms or privacy policies that apply to the Customer Content.

5.25.2 Prohibited Uses

·Customer must not use the Service with Prohibited Data or for High Risk Activities. Customer acknowledges that the Service is not intended to meet any legal obligations for these uses, including HIPAA requirements, and that Miro is not a Business Associate as defined under HIPAA. Notwithstanding anything else in this Agreement, Miro has no liability for Prohibited Data or use of the Service for High Risk Activities.

5.35.3 Individual User Account Takeover

·The Service may contain functionality allowing Customer to convert accounts previously registered by individuals using email addresses from Customer's domain into User accounts under Customer's control. Customer represents and warrants that it has all necessary rights and consents to the extent it converts any existing accounts registered using email addresses from Customer's domain into accounts under Customer's control.

66. Suspension of Service

·Miro may suspend Customer's or a User's access to and use of the Service and related services if Customer breaches Section 2.8 (Age Requirement for Users), Section 2.9 (Restrictions) or Section 5 (Customer Obligations), if Customer's account is 10 days or more overdue or if Customer's or User's actions risk harm to other customers or the security, availability or integrity of the Service. Where practicable, Miro will use reasonable efforts to provide Customer with prior notice of the suspension. Once Customer resolves the issue requiring suspension, Miro will promptly restore Customer's or User's access to the Service in accordance with this Agreement.

77. Third-Party Platforms

·Customer may choose to use the Service with Third-Party Platforms. Use of Third-Party Platforms is subject to Customer's agreement with the relevant provider and not this Agreement. Miro does not control and has no liability for Third-Party Platforms, including their security, functionality, operation, availability or interoperability or how the Third-Party Platforms or their providers use Customer Content. If Customer enables a Third-Party Platform with the Service, Miro may access and exchange Customer Content with the Third-Party Platform on Customer's behalf.

88. Technical Services

·Any purchased Technical Services are as described in the relevant Order. Customer will give Miro timely access to Customer Materials reasonably needed for the Technical Services, and if Customer fails to do so, Miro's obligation to provide Technical Services will be excused until access is provided. Miro will use Customer Materials only for purposes of providing Technical Services. Any Technical Services deliverables relate to the configuration or use of the Service. Customer may use Technical Services deliverables only as part of its authorized use of the Service, subject to the same terms as for the Service in Section 2 (The Service) and Section 5 (Customer Obligations).

99. Commercial Terms

9.19.1 Subscription Term

·Unless otherwise specified in the applicable Order, each Subscription Term will renew for successive 12-month periods, unless either party gives the other party notice of non-renewal at least 90 days before the current Subscription Term ends. Upon notice of non-renewal, Customer will not be charged for the next billing cycle but will not receive any refunds or credits for amounts that have already been charged.

9.29.2 Fees and Taxes

·Fees are as described in each Order. Customer will reimburse Miro for pre-approved travel and lodging expenses it incurs in providing Technical Services. Fees are invoiced on the schedule in the Order and reimbursable expenses are invoiced in arrears. Customer agrees that Miro may bill Customer's credit card or other payment method for renewals, expenses and any other unpaid fees, as applicable. Customer may change its payment method information by entering updated information through the user interface of the Service. Unless the Order provides otherwise, all fees and expenses are due within 30 days of the billing date specified in the applicable Order. Fees for renewal Subscription Terms are at Miro's then-current rates, regardless of any discounted pricing in a prior Order. Late payments are subject to a service charge of 1.5% per month or the maximum amount allowed by Law, whichever is less. All fees and expenses are non-refundable except as set out in Section 10.2 (Warranty Remedy) and Section 14.4 (Mitigation and Exceptions). Customer is responsible for any sales, use, goods and services, value-added, withholding or similar taxes or levies that apply to its Orders, whether domestic or foreign ("Taxes"), other than Miro's income tax. Fees and expenses are exclusive of Taxes.

1010. Warranties and Disclaimers

10.110.1 Limited Warranty

·Miro warrants to Customer that:

·(a) the Service will perform materially as described in the Documentation and Miro will not materially decrease the overall functionality of the Service during a Subscription Term (the "Performance Warranty") and (b) Miro will perform any Technical Services in a professional and workmanlike manner (the "Technical Services Warranty").

10.210.2 Warranty Remedy

·If Miro breaches Section 10.1 (Limited Warranty) and Customer makes a reasonably detailed warranty claim within 30 days of discovering the issue, then Miro will use reasonable efforts to correct the non-conformity. If Miro cannot do so within 60 days of Customer's warranty claim, either party may terminate the affected Order as relates to the non-conforming Service or Technical Services. Miro will then refund to Customer any pre-paid, unused fees for the terminated portion of the Subscription Term (for the Performance Warranty) or for the non-conforming Technical Services (for the Technical Services Warranty). These procedures are Customer's exclusive remedy and Miro's entire liability for breach of the warranties in Section 10.1. These warranties do not apply to (a) issues caused by misuse or unauthorized modifications, (b) issues in or caused by Third-Party Platforms or other third-party systems or (c) Trials and Betas or other free or evaluation use.

10.310.3 Disclaimers

·Except as expressly provided in Section 10.1 (Limited Warranty), the Service, Support, Technical Services and all related Miro services are provided "AS IS". Miro and its suppliers make no other warranties, whether express, implied, statutory or otherwise, including warranties of merchantability, fitness for a particular purpose, title or noninfringement. Without limiting its express obligations in Section 3 (Support), Miro does not warrant that Customer's use of the Service will be uninterrupted or error-free or that the Service will meet Customer's requirements, operate in combination with third-party services used by Customer or maintain Customer Content without loss. Miro is not liable for delays, failures or problems inherent in use of the Internet and electronic communications or other systems outside Miro's control. Customer may have other statutory rights, but any statutorily required warranties will be limited to the shortest legally permitted period.

1111. Term and Termination

11.111.1 Term

·This Agreement starts on the Effective Date and continues until 90 days after expiration or termination of all Subscription Terms.

11.211.2 Termination for Cause

·Either party may terminate this Agreement (including all Orders) if the other party (a) fails to cure a material breach of this Agreement (including a failure to pay fees) within 30 days after notice, (b) ceases operation without a successor or (c) seeks protection under a bankruptcy, receivership, trust deed, creditors' arrangement, composition or comparable proceeding, or if such a proceeding is instituted against that party and not dismissed within 60 days.

11.311.3 Termination for Convenience

·Either party may terminate this Agreement (including all Orders) at any time for any reason upon 90 days' notice to the other party, provided (i) Customer will not be entitled to a refund of any pre-paid fees and (ii) if Customer has not already paid all applicable fees for the then-current Subscription Term, any such fees that are outstanding will become immediately due and payable.

11.411.4 Effect of Termination

·Upon expiration or termination of this Agreement or an Order, Customer's access to the Service and Technical Services will cease, other than limited use of the Service to export Customer Content as described in Section 4.4 (Data Export). At the disclosing party's request upon expiration or termination of this Agreement, the receiving party will delete all of the disclosing party's Confidential Information (excluding Customer Content, which is addressed in Section 4.4). Customer Content and other Confidential Information may be retained in the receiving party's standard backups after deletion but will remain subject to this Agreement's confidentiality restrictions.

11.511.5 Survival

·These Sections survive expiration or termination of this Agreement: 2.9 (Restrictions), 4.4 (Data Export), 5 (Customer Obligations), 9.2 (Fees and Taxes), 10.3 (Disclaimers), 11.4 (Effect of Termination), 11.5 (Survival), 12 (Ownership), 13 (Limitations of Liability), 14 (Indemnification), 15 (Confidentiality), 16 (Required Disclosures), 20 (General Terms) and 21 (Definitions). Except where an exclusive remedy is provided, exercising a remedy under this Agreement, including termination, does not limit other remedies a party may have.

1212. Ownership

·Neither party grants the other any rights or licenses not expressly set out in this Agreement. Except for Miro's use rights in this Agreement, between the parties Customer retains all intellectual property and other rights in Customer Content and Customer Materials provided to Miro. Except for Customer's use rights in this Agreement, Miro and its licensors retain all intellectual property and other rights in the Service, any Technical Services deliverables and related Miro technology, templates, formats and dashboards, including any modifications or improvements to these items made by Miro. Miro may generate and use Usage Data to operate, improve, analyze and support the Service and for other lawful business purposes. If Customer provides Miro with feedback or suggestions regarding the Service or other Miro offerings, Miro may use the feedback or suggestions without restriction or obligation.

1313. Limitations of Liability

13.113.1 Consequential Damages Waiver

·The disclaimer in this Section 13.1 (Consequential Damages Waiver) will not apply to the extent prohibited by Laws. Except for Excluded Claims, neither party (nor its suppliers) will have any liability arising out of or related to this Agreement for any loss of use, lost data, lost profits, failure of security mechanisms, revenues, goodwill, interruption of business or any indirect, special, incidental, reliance or consequential damages of any kind, even if informed of their possibility in advance.

13.213.2 Liability Cap

·Except for Excluded Claims, each party's (and its suppliers') entire liability arising out of or related to this Agreement will not exceed in aggregate the amounts paid or payable by Customer to Miro during the prior 12 months under this Agreement.

13.313.3 Excluded Claims

·"Excluded Claims" means: (a) Customer's breach of Sections 2.9 (Restrictions) or 5 (Customer Obligations), (b) either party's breach of Section 15 (Confidentiality) (but excluding claims relating to Customer Content), (c) amounts payable to third parties under Customer's obligations in Section 14.2 (Indemnification by Customer), (d) either party's willful misconduct or (e) Miro's performance of the Service that results in death, personal injury or damage to tangible property.

13.413.4 Nature of Claims and Failure of Essential Purpose

·The waivers and limitations in this Section 13 apply regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise and will survive and apply even if any limited remedy in this Agreement fails of its essential purpose.

1414. Indemnification

14.114.1 Indemnification by Miro

·Miro will defend Customer from and against any third-party claim to the extent alleging that the Service, when used by Customer as authorized in this Agreement, infringes a third party's patent, copyright, trademark or trade secret, and will indemnify and hold harmless Customer against any damages or costs awarded against Customer (including reasonable attorneys' fees) or agreed in settlement by Miro resulting from the claim.

14.214.2 Indemnification by Customer

·Customer will defend Miro from and against any third-party claim to the extent resulting from Customer Content, Customer Materials or Customer's breach or alleged breach of Section 5 (Customer Obligations), and will indemnify and hold harmless Miro against any damages or costs awarded against Miro (including reasonable attorneys' fees) or agreed in settlement by Customer resulting from the claim.

14.314.3 Procedures

·The indemnifying party's obligations in this Section 14 are subject to receiving (a) prompt notice of the claim, (b) the exclusive right to control and direct the investigation, defense and settlement of the claim and (c) all reasonably necessary cooperation of the indemnified party, at the indemnifying party's expense for reasonable out-of-pocket costs. The indemnifying party may not settle any claim without the indemnified party's prior consent if settlement would require the indemnified party to admit fault or take or refrain from taking any action (other than relating to use of the Service, when Miro is the indemnifying party). The indemnified party may participate in a claim with its own counsel at its own expense.

14.414.4 Mitigation and Exceptions

·In response to an actual or potential infringement claim, if required by settlement or injunction or as Miro determines necessary to avoid material liability, Miro may at its option: (a) procure rights for Customer's continued use of the Service, (b) replace or modify the allegedly infringing portion of the Service to avoid infringement without reducing the Service's overall functionality or (c) terminate the affected Order and refund to Customer any pre-paid, unused fees for the terminated portion of the Subscription Term. Miro's obligations in this Section 14 do not apply (1) to the extent infringement results from Customer's modification of the Service or use of the Service in combination with items not specified in the Documentation or provided by Miro (including Third-Party Platforms), (2) to infringement resulting from Software other than the most recent release provided by Miro, (3) to unauthorized use of the Service, (4) if Customer settles or makes any admissions about a claim without Miro's prior consent, (5) if Customer continues to use the Service (or any element thereof) after being notified of allegedly infringing activity or informed of modifications that would have avoided the alleged infringement or (6) to Trials and Betas or other free or evaluation use. This Section 14 sets out Customer's exclusive remedy and Miro's entire liability regarding infringement of third-party intellectual property rights.

1515. Confidentiality

15.115.1 Definition

·"Confidential Information" means information disclosed to the receiving party under this Agreement that is designated by the disclosing party as proprietary or confidential or that should be reasonably understood to be proprietary or confidential due to its nature and the circumstances of its disclosure. Miro's Confidential Information includes the terms and conditions of this Agreement and any technical or performance information about the Service. Customer's Confidential Information includes Customer Content.

15.215.2 Obligations

·As receiving party, each party will (a) hold Confidential Information in confidence and not disclose it to third parties except as permitted in this Agreement, including Section 4.1 (Data Use), and (b) only use Confidential Information to fulfill its obligations and exercise its rights in this Agreement. The receiving party may disclose Confidential Information to its employees, agents, contractors and other representatives having a legitimate need to know (including, for Miro, the subcontractors referenced in Section 20.9), provided it remains responsible for their compliance with this Section 15 and they are bound to confidentiality obligations no less protective than this Section 15.

15.315.3 Exclusions

·These confidentiality obligations do not apply to information that the receiving party can document (a) is or becomes public knowledge through no fault of the receiving party, (b) it rightfully knew or possessed prior to receipt under this Agreement, (c) it rightfully received from a third party without breach of confidentiality obligations or (d) it independently developed without using the disclosing party's Confidential Information.

15.415.4. Remedies

·Unauthorized use or disclosure of Confidential Information may cause substantial harm for which damages alone are an insufficient remedy. Each party may seek appropriate equitable relief, in addition to other available remedies, for breach or threatened breach of this Section 15.

1616. Required Disclosures

·Nothing in this Agreement prohibits either party from making disclosures, including of Customer Content and other Confidential Information, if required by Law, subpoena or court order, provided (if permitted by Law) it notifies the other party in advance and cooperates in any effort to obtain confidential treatment.

1717. Trials and Betas

·If Customer receives access to the Service or Service features on a free or trial basis or as an alpha, beta or early access offering ("Trials and Betas"), use is permitted only for Customer's internal evaluation during the period designated by Miro (or if not designated, 30 days). Trials and Betas are optional and either party may terminate Trials and Betas at any time for any reason. Trials and Betas may be inoperable, incomplete or include features that Miro may never release, and their features and performance information are Miro's Confidential Information. Notwithstanding anything else in this Agreement, Miro provides Trials and Betas "AS IS" with no warranty, indemnity or support and its liability for Trials and Betas will not exceed US$50.

1818. Publicity

·Neither party may publicly announce this Agreement except with the other party's prior consent or as required by Laws. However, Miro may include Customer and its trademarks in Miro's customer lists and promotional materials but will cease this use at Customer's written request.

1919. Modifications to Agreement

·Miro may modify this Agreement (which may include changes to Service pricing and plans) from time to time by giving notice to Customer by email or through the Service. Unless a shorter period is specified by Miro (e.g., due to changes in the Law or exigent circumstances), modifications become effective upon renewal of Customer's current Subscription Term or entry into a new Order. If Miro specifies that the modifications to the Agreement will take effect prior to Customer's next renewal or Order and Customer notifies Miro of its objection to the modifications within 30 days after the date of such notice, Miro (at its option and as Customer's exclusive remedy) will either: (a) permit Customer to continue under the existing version of this Agreement until expiration of the then-current Subscription Term (after which time the modified Agreement will go into effect) or (b) allow Customer to terminate this Agreement and receive a refund of any pre-paid Service fees allocable to the terminated portion of the applicable Subscription Term. Customer may be required to click to accept or otherwise agree to the modified Agreement in order to continue using the Service, and, in any event, continued use of the Service after the updated version of this Agreement goes into effect will constitute Customer's acceptance of such updated version.

2020. General Terms

20.120.1 Assignment

·Neither party may assign this Agreement without the prior consent of the other party, except that either party may assign this Agreement in connection with a merger, reorganization, acquisition or other transfer of all or substantially all its assets or voting securities. Any non-permitted assignment is void. This Agreement will bind and inure to the benefit of each party's permitted successors and assigns.

20.220.2 Governing Law, Jurisdiction and Venue

·This Agreement is governed by the laws of the State of California and the United States without regard to conflicts of laws provisions and without regard to the United Nations Convention on the International Sale of Goods. The jurisdiction and venue for actions related to this Agreement will be the state and United States federal courts located in San Francisco, California and both parties submit to the personal jurisdiction of those courts.

20.320.3 Attorneys' Fees and Costs

·The prevailing party in any action to enforce this Agreement will be entitled to recover its reasonable attorneys' fees and costs in connection with such action.

20.420.4 Notices

·Except as set out in this Agreement, any notice or consent under this Agreement must be in writing and will be deemed given: (a) upon receipt if by personal delivery, (b) upon receipt if by certified or registered U.S. mail (return receipt requested) or (c) one day after dispatch if by a commercial overnight delivery service. As of September 17th 2026, if to Miro, notice must be provided to RealtimeBoard Inc. dba Miro, 315 Montgomery Street, Suite 900, San Francisco, CA 94104, Attention: Legal Department. All notices to Miro must include a copy emailed to legal@miro.com. If to Customer, Miro may provide notice to the address Customer provided at registration. Either party may update its address with notice to the other party. Miro may also send operational notices to Customer by email or through the Service.

20.520.5 Entire Agreement

·This Agreement (which includes all Orders, the Policies and the DPA) is the parties' entire agreement regarding its subject matter and supersedes any prior or contemporaneous agreements regarding its subject matter. In this Agreement, headings are for convenience only and "including" and similar terms are to be construed without limitation. This Agreement may be executed in counterparts (including electronic copies and PDFs), each of which is deemed an original and which together form one and the same agreement.

20.620.6 Amendments

·Except as otherwise provided herein, any amendments, modifications or supplements to this Agreement must be in writing and signed by each party's authorized representatives or, as appropriate, agreed through electronic means provided by Miro. Nonetheless, with notice to Customer, Miro may modify the Policies to reflect new features or changing practices, but the modifications will not materially decrease Miro's overall obligations during a Subscription Term. The terms in any past, contemporaneous or future Customer purchase order, business form or vendor management portal will not amend or modify this Agreement and are expressly rejected by Miro; any of these documents are for administrative purposes only and have no legal effect.

20.720.7 Waivers and Severability

·Waivers must be signed by the waiving party's authorized representative and cannot be implied from conduct. If any provision of this Agreement is held invalid, illegal or unenforceable, it will be limited to the minimum extent necessary so the rest of this Agreement remains in effect.

20.820.8 Force Majeure

·Neither party is liable for any delay or failure to perform any obligation under this Agreement (except for a failure to pay fees) due to events beyond its reasonable control, such as a strike, blockade, war, act of terrorism, riot, Internet or utility failures, refusal of government license or natural disaster.

20.920.9 Subcontractors

·Miro may use subcontractors and permit them to exercise Miro's rights, but Miro remains responsible for their compliance with this Agreement and for its overall performance under this Agreement.

20.1020.10 Independent Contractors

·The parties are independent contractors, not agents, partners or joint venturers.

20.1120.11 Export

·Customer agrees to comply with all relevant U.S. and foreign export and import Laws in using the Service. Customer (a) represents and warrants that it is not listed on any U.S. government list of prohibited or restricted parties or located in (or a national of) a country that is subject to a U.S. government embargo or that has been designated by the U.S. government as a "terrorist supporting" country, (b) agrees not to access or use the Service in violation of any U.S. export embargo, prohibition or restriction and (c) will not submit to the Service any information controlled under the U.S. International Traffic in Arms Regulations.

20.1220.12 Open Source

·The Software may incorporate third-party open source software ("OSS"), as listed in the Documentation or by Miro upon request. To the extent required by the OSS license, that license will apply to the OSS on a stand-alone basis instead of this Agreement.

20.1320.13 Government End-Users

·Elements of the Service are commercial computer software. If the user or licensee of the Service is an agency, department, or other entity of the United States Government, the use, duplication, reproduction, release, modification, disclosure, or transfer of the Service or any related documentation of any kind, including technical data and manuals, is restricted by the terms of this Agreement in accordance with Federal Acquisition Regulation 12.212 for civilian purposes and Defense Federal Acquisition Regulation Supplement 227.7202 for military purposes. The Service was developed fully at private expense. All other use is prohibited.

20.1420.14 Reseller Orders

·This Section applies to any access to the Service purchased by Customer through a Reseller. (a) Commercial Terms. Instead of paying Miro, Customer will pay applicable amounts to the Reseller as agreed between Customer and the Reseller. Customer's order details (e.g., scope of use and fees) will be as stated in the Order placed by the Reseller with Miro on Customer's behalf. The Reseller is responsible for the accuracy of such Order. Miro may suspend or terminate Customer's rights to use the Service if it does not receive the corresponding payment from the Reseller. If Customer is entitled to a refund under this Agreement, Miro will refund any applicable fees to the Reseller and the Reseller will be solely responsible for refunding the appropriate amounts to Customer, unless otherwise specified. (b) Relationship with Miro. This Agreement is directly between Miro and Customer and governs all use of the Service by Customer. Resellers are not authorized to modify this Agreement or make any promises or commitments on Miro's behalf, and Miro is not bound by any obligations to Customer other than as set forth in this Agreement. Miro is not party to (or responsible under) any separate agreement between Customer and Reseller and is not responsible for the Reseller's acts, omissions, products or services. The amount paid or payable by the Reseller to Miro for Customer's use of the applicable Service under this Agreement will be deemed the amount paid or payable by Customer to Miro under this Agreement for purposes of Section 13 (Limitations of Liability).

·Definitions

·"Affiliate" means an entity that, directly or indirectly, owns or controls, is owned or controlled by, or is under common ownership or control with a party, where "ownership" means the beneficial ownership of fifty percent (50%) or more of an entity's voting equity securities or other equivalent voting interests and "control" means the power to direct the management or affairs of an entity.

·"Board" means an online virtual whiteboard or other element of the Service displaying Customer Content.

·"Customer Content" means any data, content or materials that Customer (including its Users) creates within or submits to the Service, including from Third-Party Platforms.

·"Customer Materials" means materials, systems and other resources that Customer provides to Miro in connection with Technical Services.

·"DPA" means the Data Processing Addendum between the parties, the current version of which is here.

·"Documentation" means Miro's usage guidelines and standard technical documentation for the Service, the current version of which is here.

·"High Risk Activities" means activities where use or failure of the Service could lead to death, personal injury or environmental damage, including life support systems, emergency services, nuclear facilities, autonomous vehicles or air traffic control.

·"Laws" means all relevant local, state, federal and international laws, regulations and conventions, including those related to data privacy and data transfer, international communications and export of technical or personal data.

·"Order" means any Miro-provided ordering document, online registration, order description or order confirmation referencing this Agreement.

·"Policies" means the Privacy Policy, Security Policy and Support Policy.

·"Privacy Policy" means the Privacy Policy, the current version of which is here.

·"Prohibited Data" means any (a) special categories of data enumerated in European Union Regulation 2016/679, Article 9(1) or any successor legislation, (b) patient, medical or other protected health information regulated by the Health Insurance Portability and Accountability Act (as amended and supplemented) ("HIPAA"), (c) credit, debit or other payment card data subject to the Payment Card Industry Data Security Standards (PCI DSS), (d) other information subject to regulation or protection under specific Laws such as the Children's Online Privacy Protection Act or Gramm-Leach-Bliley Act (or related rules or regulations), (e) social security numbers, driver's license numbers or other government ID numbers or (f) any data similar to the above protected under foreign or domestic Laws.

·"Security Policy" means the Miro Security Policy, the current version of which is here.

·"Service" means Miro's proprietary cloud service, as identified in the relevant Order and as modified from time to time. The Service includes the Software and Documentation but does not include Technical Services deliverables or Third-Party Platforms.

·"Software" means any Miro client software, scripts, apps or other code provided to Customer by Miro for use with the Service.

·"Subscription Term" means the term for Customer's use of the Service as identified in an Order.

·"Support" means support for the Service as described in the Support Policy. Customer's Support level will be identified in its Order.

·"Support Policy" means the Miro Support Policy, the current version of which is here.

·"Technical Services" means any training, enablement or other technical services provided by Miro related to the Service, as identified in an Order.

·"Third-Party Platform" means any platform, add-on, service, product, app or integration not provided by Miro that Customer elects to integrate or enable for use with the Service.

·"Usage Data" means Miro's technical logs, data and learnings about Customer's use of the Service, but excluding Customer Content.

·"User" means any individual that Customer or its Affiliate permits or invites to use the Service, as further described in the Documentation.