Additional Terms and Conditions Regarding Third-Party Services

This Appendix hereby supplements the Mercell Terms and Conditions for Services and shall be incorporated as an integral part thereof effective immediately upon publication.

1. Service Provided by Third Parties:

When Mercell offers services provided by third-party entities to enhance or supplement our own products or services, it is hereby acknowledged that such services may be subject to their own terms and conditions and additional pricing in terms of such third-party service. While Mercell aims to ensure the seamless integration of these third-party services, the Customer acknowledges and accepts that Mercell cannot be held liable for any disruptions, inaccuracies, or failures arising directly from the operation or unavailability of third-party services.

2. Liability Cap Clarification:

Any liability cap stipulated within the Mercell Terms and Conditions for Services is applicable solely to additional costs for Services Provided by Third Parties incurred directly from the use or activation of modules, features, or services beyond the scope of the main agreement. This liability cap does not extend to the primary subscription fee for Mercell services or any charges related to the core services outlined in the Subscription Agreement.

3. Indemnification:

The Customer shall indemnify Mercell and its affiliates against any claims, losses, damages, liabilities, costs, and expenses, including legal fees, arising from or in connection with the use of third-party services integrated with Mercell's offerings. This indemnification shall extend to claims made by the Customer's users or any other third parties affected by the offer of such services.

4. Consent to Third-Party Terms and Privacy Policy:

By continuing to use Mercell's services, the Customer implicitly consents to any terms and conditions imposed by third-party service providers whose services are integrated with Mercell's offerings. It is the responsibility of the Customer to familiarize themselves with these terms and to ensure compliance with any obligations therein.

5. Limitation of Liability in Performance for Third Parties:

The Customer acknowledges that the performance of third-party services may be subject to limitations beyond Mercell's control, including but not limited to service outages, system failures, and performance degradation. As such, Mercell shall not be liable for any direct or indirect damages arising from the performance or non-performance of third-party services, including but not limited to lost profits, business interruption, or data loss.

6. Modification and Revision:

Mercell reserves the right to modify or revise this Appendix as necessary to reflect changes in third-party service integrations or to clarify the scope of liability in relation to such services. Any amendments to this Appendix shall be communicated to the Customer in accordance with the procedures outlined in the Mercell Terms and Conditions for Services.