Terms & Conditions
Last Update: June 11, 2019
This Terms of Service (this “Agreement”, “Terms”) is between AEOS, Inc. (“we”, “us”, “System”, “Platform” or “AEOS”) and the person (“you”, “User” or “Customer”) using our services (“Services” or "Service"). We provide you with access to our System that helps you create websites, manage their content and customization as well as hosting services and domains. Listed below are the terms and conditions of using our System. They are necessary in order to maintain a good practice and protect both us and also yourselves.
1. Creating an account
You must immediately notify us if you know or have any reason to suspect that your Account or password have been stolen, misappropriated or otherwise compromised or in case of any actual or suspected unauthorized use of your Account.
2. Your Content
2.1. You are responsible for any content that is in your website such as images, videos, audio files, design elements, logos, fonts, texts and more. We are not responsible for any of your content. We are also not responsible for content that has been lost because of the use of AEOS, it is your obligation to keep safe and back-up regularly your content. We do not monitor what content has been used in a website and we are not to be held responsible for anyone breaking the terms and conditions, but we have the right to delete such harmful content or even terminate accounts if so it is deemed necessary.
2.2. You own all intellectual property associated with your account such as images, videos, audio files, design elements, logos, fonts, texts and any other materials and files created by you and existing on your website. You hereby grant AEOS the non-exclusive, royalty-free, unalterable, interchangeable rights to your website content in order for us to provide you with AEOS’s Services.
2.3. We may choose to highlight or feature your website in our website for marketing or promotional purposes. You grant us a perpetual, worldwide, royalty-free, non-exclusive right and license to use any version of Your Sites, or any portion of Your Sites, including without limitation names, trademarks, service marks or logos on Your Sites, for the limited purpose of AEOS marketing and promotional activities. For example, we may feature Your Sites on our Themes page, on the Customers sections of our sites or on our social media accounts. You waive any claims against us relating to any moral rights, artists’ rights or any other similar rights worldwide that you may have in or to Your Sites or names, trademarks, service marks or logos on Your Sites and any right of inspection or approval of any such use. You can opt out of being featured by contacting us at aeos.io/#contact This Section does not affect any rights you may have under applicable data protection laws.
3. Your Obligations
3.1. You certify and warrant that you are at least 16 years of age. People under the age of 16 are not permitted to use our services.
3.2. To keep your AEOS account login information safe
3.3. To provide us with up to date, accurate and valid personal information at all times.
3.4. You own the rights to any content uploaded by you on your website, including images, videos, audio files, design elements, logos, fonts, texts and anything that you do have the rights to use.
3.5. The content materials can not be used in unlawful or harmful way.
3.6. You must notify us immediately if you become aware of any unauthorised use of your account.
3.7. Your content must not be illegal, unlawful, threatening, abusive, harassing, tortuous, vulgar or obscene in any way, must not infringe any person's legal rights.
3.8. You may not send unsolicited messages (SPAM) or any unethical advertising of such sort that is considered as “spam” or harmful in any way.
3.9. Your should not upload viruses, worms, Trojan horses or any other malicious code, files, or programs that may interrupt, destroy, or limit the functions and services of AEOS.
3.10. You may not upload content that contains scam.
3.11. You may not try to hack, break or override the functions and stability of AEOS or try to exploit the System in any way.
3.12. You may not use the System to create any scam websites and promotions with misleading content that can harm or scam visitors.
3.13. You may not use AEOS for distributing, storing or, in any way, using the System for pornographic or adult content and services.
3.14. You represent and warrant that your use of the Services is not contrary to law, including without limitation applicable export or import controls and regulations and sanctions.
3.15. You can’t in any way try to harm the reputation of AEOS and their partners by leaving harmful comments, untrue and misleading information about the product or any sort of intentional damage to the reputation of AEOS.
3.16. You acknowledge and agree that If you are reasonably found guilty of violating of any of these rules and obligations, this may cause immediate termination of your account with no refund for the services that has already been paid for. You may also be forbidden from having an account in the System.
4. Third Party Services
Our Services are integrated with various third party services (“Third Party Services”) for specific purposes that you may interact while using AEOS. Example for such services is the Payment Processor used to collect the payments for your subscriptions. These Third Party Services may have their own terms and policies, and your use of them will be governed by those terms and policies. We don't control Third Party Services, and we’re not liable for Third Party Services or for any transaction you may enter into with them, or for what they do. Your security when using Third Party Services is your responsibility. You also agree that we may, at any time and in our sole discretion, and without any notice to you, suspend, disable access to or remove any Third Party Services. We’re not liable to you for any such suspension, disabling or removal, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses you may experience as a result (except where prohibited by applicable law).
5. User Content
The sites created using AEOS may contain user content that is in violation of the permitted usage of the platform (“3.Your Obligations”). We do not endorse or support such content. We’re not a publisher of, and we’re not liable for, any User Content uploaded, posted, published or otherwise made available via the Services by you or other users. You're responsible for taking precautions to protect yourself, and your computer or network, from User Content accessed via the Services. Any such content detected or reported to us will be removed as a violation of the allowed usage of the Services.
6. What we provide and our rights
AEOS provides a website building system, templates (themes), website hosting from third party company and domain registration from third party company. The images used for the creation of the mockup themes are released under Creative Commons CC0 (https://creativecommons.org/publicdomain/zero/1.0/deed.en). AEOS does not hold any rights to images used for the creation of the themes.
We have the right to change parts or all of the services and functionalities at any given time, to remove or suspend parts or all of the services and functionalities, we have the right to suspend and terminate access of your Account to parts or all of the services and change the eligible criteria of using the Services.
HTTPS certificates are issued to any correctly connected domain to a website on AEOS. You do not have an option to disable the HTTPS certificates, they are assigned automatically to any new domains connected to AEOS.
7. Trial Subscription
AEOS provides a 14 day trial to all newly created websites and you can use the services according to the Agreement for the period of those 14 days. Upon completion of those 14 days the website will become non-active (expired) until the User subscribe for the paid AEOS services. Trial period is permitted for you, the User, to be able to test and create a website to your likes before committing a paid subscription. AEOS has the right to terminate or cancel trial subscriptions in any time for any reasons. We can delete the content of any trial or expired website without notice. We are not in any way to be held responsible for any deleted content from a website build on AEOS.
8. Service Fees
8.1. Service fees are applicable upon signing for the paid services of AEOS that can be monthly or yearly.
8.2. All Fees are in USD and are exclusive of all taxes and you are responsible for payment thereof. AEOS is not liable for any taxes or fees related with commercial products.
8.3. The payment for the applicable fee is in advance of your subscription period according to the Agreement.
8.4. You can upgrade or downgrade at anytime. If upgrading, you will be charged the difference between the two subscription plans for the extra services. Downgrade refunds are applicable only for yearly subscriptions, up to 14 days after the subscription is made. There are NO refunds for monthly downgrades. If downgrading from a yearly subscription, a calculated amount will be refunded to you according to the actual service fees of the two subscription services. Downgrading may cause a loss of information and services due to the difference between the plans.
8.5. Refunds are allowed only for yearly subscriptions and up to 14 days after the subscription is made. If such refund is issued by the User, he will be refunded the full amount he has paid. The refund amount might be subject to transfer taxes that will be for the cost of the User and will be transferred to the card used for paying the initial subscription cost. Refunds are NOT applicable for “Combo Deals” or “Exclusive Deals” (Custom design and development).
8.6. If a custom domain is claimed with a yearly subscription and the Customer cancels their services in the 14 day refund period, the full amount of the domain will be deducted off the refunded amount.
8.7. At the end of a contract term, the services will be automatically renewed for the same period of time until EXPLICITLY canceled by the User. Cancellation must be made via the System and at least 24 hours prior to the end of the contract period. To cancel your services or the automatic renew please do that by going to Dashboard -> Billing and select the desired option there.
8.8. If you purchase AEOS subscription services, you agree to AEOS and third party services to use and store your credit/debit card information. You authorize us to charge you for any AEOS Services that you may purchase and any applicable taxes connected with the payment card services. You will reimburse us for all collection costs and interest for any overdue amounts. If the payment card expires or you do not provide us with a new payment card nor cancel your subscription, you authorize us to continue billing you and you will remain responsible for any uncollected Fees.
8.9. You are responsible for the fair usage of your website and you can be charged for abnormal server or traffic usage on our unlimited subscription plans. You will be charged for the resources used by your website.
8.10. Chargebacks - If you contact your bank or credit card company to decline, chargeback or otherwise reverse the charge of any payable fees to us (“Chargeback”), we may automatically terminate your Account. We reserve our right to dispute any Chargeback.
9. Service Cancellation
Failure to comply with any of AEOS’s terms or pay due fees you entitle AEOS to cancel or suspend your account services and website. You can cancel your services at any time, no questions asked. We are not in any way held responsible for any damages and losses due to cancellation of services.
We reserve the right to change, suspend or discontinue, or terminate, restrict or disable your use of or access to, parts or all of the Services or their functionality at any time at our sole discretion and without notice.
You can terminate your services at any time without a cause according to the cancellation procedures.
If the Agreement terms are valuated it may result in penalties or immediate termination of services without payment refund in any way.
Upon termination AEOS has the right to delete any and all files, data or information associated with the terminated account.
With subscribing for yearly subscription you have the right to claim a free custom domain (only for the first year of annual subscription). All domains are brought to you by third party companies partnering with us to provide such service, in this case Namecheap, Inc. By claiming a domain you are agreeing with the domain register company’s terms and conditions (https://www.namecheap.com/legal/) and our participation in the purchasing of the domain.
If you issue a refund and claimed a free custom domain you will be charged the fee for the specific domain purchase. The fee will be taken from the refund sum. Transferring domain might be subject to further fees from the third party domain provider.
You are the legal and rightful owner of the registered domain. Your domain registration will be automatically renewed with each yearly payment according to our price plan, unless cancelled from the admin panel or by contacting a support representative of AEOS.
Once a register of a domain is made, it is final and there cannot be a refund or change of domains.
12. Warranty & Disclaimer
AEOS shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Implementation Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by AEOS or by third-party providers, or because of other causes beyond AEOS’s reasonable control, but AEOS shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. HOWEVER, AEOS DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES AND IMPLEMENTATION SERVICES ARE PROVIDED “AS IS” AND AEOS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
To the fullest extent permitted by law, you agree to indemnify and hold harmless AEOS and its affiliates and its and their directors, officers, employees and agents from and against all damages, losses, liabilities, costs, claims, demands, fines, awards and expenses of any kind (including without limitation reasonable attorneys' fees and costs) arising out of or related to: (a) your breach of this Agreement; (b) your User Content, Your Sites and Your e-commerce; (c) any claims by, on behalf of or against your End Users; (d) your violation of any law or regulation or the rights or good name of any third party; and (e) any claims from tax authorities in any country in relation to Your e-commerce operations, including without limitation your sales to individual consumers (including distance sales) and other operations for which AEOS may be held jointly and severally liable. Your indemnification obligations under this Section shall not apply to the extent directly caused by our breach of this Agreement or, where you are an EU Consumer, to the extent that the consequences were not reasonably foreseeable.
14. Limitation of Liability
You acknowledge and agree that to the fullest extent permitted by applicable law, in no event will AEOS and its affiliates and its and their directors, officers, employees and agents be liable with respect to any claims arising out of or related to the Services or this Agreement for: (a) any indirect, special, incidental, exemplary, punitive or consequential damages; (b) any loss of profits, revenue, data, goodwill or other intangible losses; (c) any damages related to your access to, use of or inability to access or use parts, some or all of your Account, Your Sites or parts or all of the Services, including without limitation interruption of use or cessation or modification of any aspect of the Services; (d) any damages related to unavailability, degradation, loss, corruption, theft, unauthorized access or, unauthorized alteration of, any content, information or data, including without limitation User Content and Your e-commerce data; (e) any User Content or other conduct or content of any user or third party using the Services, including without limitation defamatory, offensive or unlawful conduct or content; or (f) any Third Party Services or third party sites accessed via the Services.
You acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for AEOS’s services to you, and such limitations will apply even if AEOS has been advised of the possibility of such liabilities.
Modifications of the Service. AEOS may make modifications and changes on the existing services or components and will use reasonable efforts to notify all it’s Customers about those changes. The changes are effective upon the date of the change. AEOS shall not be liable for modifications and actions of third party services.
Modifications to the Agreement and the Fees may occur. You will be notified prior to those changes being applied to your account. If you refuse or fail to pay such fees we will cancel your subscription.
If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by Customer except with AEOS’s prior written consent. AEOS may transfer and assign any of its rights and obligations under this Agreement without consent. This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Customer does not have any authority of any kind to bind AEOS in any respect whatsoever. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorney’s fees. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. This Agreement shall be governed by the United States of America laws without regard to its conflict of laws provisions.
Data Processing Addendum
This Data Processing Addendum ("DPA") forms part of, and is subject to the provisions of AEOS’s Agreement (Terms and Conditions). All capitalized terms not defined in this DPA shall have the meanings set forth in the Agreement.
"Affiliate" means an entity that directly or indirectly Controls, is Controlled by or is under common Control with an entity.
"Agreement" means AEOS’s Terms and Conditions, which govern the provision of the Services to Customer, as such terms may be updated by AEOS from time to time.
"Control" means an ownership, voting or similar interest representing fifty percent (50%) or more of the total interests then outstanding of the entity in question. The term "Controlled" shall be construed accordingly.
"Customer Data" means any Personal Data that AEOS processes on behalf of Customer as a Data Processor in the course of providing Services, as more particularly described in this DPA.
"Data Protection Laws" means all data protection and privacy laws applicable to the processing of Personal Data under the Agreement, including, where applicable, EU Data Protection Law.
"Data Controller" means an entity that determines the purposes and means of the processing of Personal Data.
"Data Processor" means an entity that processes Personal Data on behalf of a Data Controller.
"EU Data Protection Law" means (i) prior to 25 May 2018, Directive 95/46/EC of the European Parliament and of the Council on the protection of individuals with regard to the processing of Personal Data and on the free movement of such data ("Directive") and on and after 25 May 2018, Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of Personal Data and on the free movement of such data (General Data Protection Regulation) ("GDPR"); and (ii) Directive 2002/58/EC concerning the processing of Personal Data and the protection of privacy in the electronic communications sector and applicable national implementations of it (as may be amended, superseded or replaced).
"EEA" means, for the purposes of this DPA, the European Economic Area, United Kingdom and Switzerland.
"Group" means any and all Affiliates that are part of an entity's corporate group.
"Personal Data" means any information relating to an identified or identifiable natural person.
"Processing" has the meaning given to it in the GDPR and "process", "processes" and "processed" shall be interpreted accordingly.
"Security Incident" means any unauthorized or unlawful breach of security that leads to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of or access to Customer Data.
"Services" means any product or service provided by AEOS to Customer pursuant to the Agreement.
"Sub-processor" means any Data Processor engaged by AEOS or its Affiliates to assist in fulfilling its obligations with respect to providing the Services pursuant to the Agreement or this DPA. Sub-processors may include third parties or members of the AEOS Group.
2. Relationship with the Agreement
2.1 The parties agree that DPA shall replace any existing DPA the parties may have previously entered into in connection with the Services.
2.2 Except for the changes made by this DPA, the Agreement remains unchanged and in full force and effect. If there is any conflict between this DPA and the Agreement, this DPA shall prevail to the extent of that conflict.
2.3 Any claims brought under or in connection with this DPA shall be subject to the terms and conditions, including but not limited to, the exclusions and limitations set forth in the Agreement.
2.4 No one other than a party to this DPA, its successors and permitted assignees shall have any right to enforce any of its terms.
2.5 This DPA shall be governed by and construed in accordance with governing law and jurisdiction provisions in the Agreement, unless required otherwise by applicable Data Protection Laws.
3. Scope and Applicability of this DPA
3.1 This DPA applies where and only to the extent that AEOS processes Customer Data that originates from the EEA and/or that is otherwise subject to EU Data Protection Law on behalf of Customer as Data Processor in the course of providing Services pursuant to the Agreement.
4. Roles and Scope of Processing
4.1 Role of the Parties. As between AEOS and Customer, Customer is the Data Controller of Customer Data, and AEOS shall process Customer Data only as a Data Processor acting on behalf of Customer.
4.2. Customer Processing of Customer Data. Customer agrees that (i) it shall comply with its obligations as a Data Controller under Data Protection Laws in respect of its processing of Customer Data and any processing instructions it issues to AEOS; and (ii) it has provided notice and obtained (or shall obtain) all consents and rights necessary under Data Protection Laws for AEOS to process Customer Data and provide the Services pursuant to the Agreement and this DPA.
4.3 AEOS Processing of Customer Data. AEOS shall process Customer Data only for the purposes described in this DPA and only in accordance with Customer’s documented lawful instructions. The parties agree that this DPA and the Agreement set out the Customer’s complete and final instructions to AEOS in relation to the processing of Customer Data and processing outside the scope of these instructions (if any) shall require prior written agreement between Customer and AEOS.
4.4 Details of Data Processing
(a) Subject matter: The subject matter of the data processing under this DPA is the Customer Data.
(b) Duration: As between AEOS and Customer, the duration of the data processing under this DPA is until the termination of the Agreement in accordance with its terms.
(c) Purpose: The purpose of the data processing under this DPA is the provision of the Services to the Customer and the performance of AEOS’s obligations under the Agreement (including this DPA) or as otherwise agreed by the parties.
(d) Nature of the processing: The Services as described in the Agreement and initiated by you from time to time.
(e) Categories of data subjects: You, Your End Users and any other individuals whose personal data is included in Content.
(f) Types of Customer Data: Your Controlled Data relating to you, your End Users or other individuals whose personal data is included in Content which is processed as part of the Services in accordance with instructions given through your Account.
5.1 Authorized Sub-processors. Customer agrees that AEOS may engage Sub-processors to process Customer Data on Customer's behalf. The Sub-processors currently engaged by AEOS are authorized by Customer.
5.2 Sub-processor Obligations. AEOS shall: (i) enter into a written agreement with the Sub-processor imposing data protection terms that require the Sub-processor to protect the Customer Data to the standard required by Data Protection Laws; and (ii) remain responsible for its compliance with the obligations of this DPA and for any acts or omissions of the Sub-processor that cause AEOS to breach any of its obligations under this DPA.
6.1 Security Measures. AEOS shall implement and maintain appropriate technical and organizational security measures to protect Customer Data from Security Incidents and to preserve the security and confidentiality of the Customer Data, in accordance with AEOS‘s security standards.
6.2 Updates to Security Measures. Customer is responsible for reviewing the information made available by AEOS relating to data security and making an independent determination as to whether the Services meet Customer’s requirements and legal obligations under Data Protection Laws. Customer acknowledges that the Security Measures are subject to technical progress and development and that AEOS may update or modify the Security Measures from time to time provided that such updates and modifications do not result in the degradation of the overall security of the Services purchased by the Customer.
6.3 Customer Responsibilities. Notwithstanding the above, Customer agrees that except as provided by this DPA, Customer is responsible for its secure use of the Services, including securing its account authentication credentials, protecting the security of Customer Data when in transit to and from the Services and taking any appropriate steps to securely encrypt or backup any Customer Data uploaded to the Services.
7. International Transfers
Data center locations. AEOS may transfer and process Customer Data anywhere in the world where AEOS, its Affiliates or its Sub-processors maintain data processing operations. AEOS shall at all times provide an adequate level of protection for the Customer Data processed, in accordance with the requirements of Data Protection Laws.
8. Additional Security
8.1 Confidentiality of processing. AEOS shall ensure that any person who is authorized by AEOS to process Customer Data (including its staff, agents and subcontractors) shall be under an appropriate obligation of confidentiality (whether a contractual or statutory duty).
8.2 Security Incident Response. Upon becoming aware of a Security Incident, AEOS shall notify Customer without undue delay and shall provide timely information relating to the Security Incident as it becomes known or as is reasonably requested by Customer.
9. Changes to Sub-processors
9.1 AEOS shall (i) provide an up-to-date list of the Sub-processors it has appointed upon written request from Customer; and (ii) notify Customer (for which email shall suffice) if it adds or removes Sub-processors at least 10 days prior to any such changes.
9.2 Customer may object in writing to AEOS’s appointment of a new Sub-processor within five (5) calendar days of such notice, provided that such objection is based on reasonable grounds relating to data protection. In such event, the parties shall discuss such concerns in good faith with a view to achieving resolution. If this is not possible, Customer may suspend or terminate the Agreement (without prejudice to any fees incurred by Customer prior to suspension or termination).
10. Deletion of Data
Upon termination or expiration of the Agreement, AEOS shall (at Customer's election) delete all Customer Data (including copies) in its possession or control, save that this requirement shall not apply to the extent AEOS is required by applicable law to retain some or all of the Customer Data, or to Customer Data it has archived on back-up systems, which Customer Data AEOS shall securely isolate and protect from any further processing, except to the extent required by applicable law.
Customer can request end user’s data by filling in a form through their account by going to Website Settings -> Advanced - Request User Data. The request will be fulfilled within 72 hours of receiving it. The customer will be notified on their email of the result of the request.
Customers can also request their data by contacting us via our contact form at aeos.io/#contact A complete deletion of data might take up to 60 days from all AEOS’s systems.
11.1 The Services provide Customer with a number of controls that Customer may use to retrieve, correct, delete or restrict Customer Data, which Customer may use to assist it in connection with its obligations under the GDPR, including its obligations relating to responding to requests from data subjects or applicable data protection authorities. To the extent that Customer is unable to independently access the relevant Customer Data within the Services, AEOS shall (at Customer's expense) provide reasonable cooperation to assist Customer to respond to any requests from individuals or applicable data protection authorities relating to the processing of Personal Data under the Agreement. In the event that any such request is made directly to AEOS, AEOS shall not respond to such communication directly without Customer's prior authorization, unless legally compelled to do so. If AEOS is required to respond to such a request, AEOS shall promptly notify Customer and provide it with a copy of the request unless legally prohibited from doing so.
11.2 If a law enforcement agency sends AEOS a demand for Customer Data (for example, through a subpoena or court order), AEOS shall attempt to redirect the law enforcement agency to request that data directly from Customer. As part of this effort, AEOS may provide Customer’s basic contact information to the law enforcement agency. If compelled to disclose Customer Data to a law enforcement agency, then AEOS shall give Customer reasonable notice of the demand to allow Customer to seek a protective order or other appropriate remedy unless AEOS is legally prohibited from doing so.
11.3 To the extent AEOS is required under EU Data Protection Law, AEOS shall (at Customer's expense) provide reasonably requested information regarding the Services to enable the Customer to carry out data protection impact assessments or prior consultations with data protection authorities as required by law.
The liability of each party under this Data Processing Addendum is subject to the exclusions and limitations of liability set out in the Agreement. You agree that any regulatory penalties or claims by data subjects or others incurred by AEOS in relation to Your Controlled Data that arise as a result of, or in connection with, your failure to comply with your obligations under this Data Processing Addendum or EU Data Protection Law shall reduce AEOS’s maximum aggregate liability to you under the Agreement in the same amount as the fine and/or liability incurred by us as a result.
You are responsible for any costs and expenses arising from AEOS’s compliance with your instructions or requests pursuant to the Agreement (including this Data Processing Addendum) which fall outside the standard functionality made available by AEOS generally through the Services.
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Detroit, Michigan 48243