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Last Revised: March 11, 2025
This Terms of Use Agreement (“Agreement” or “Terms of Use”) is entered into by and between Level Up Leads, LLC (“Service Provider”), a California Limited Liability Company, and You (hereinafter referred to as “Customer”). Service Provider and Customer will be referred to individually as a “Party” and collectively as the “Parties.” By using the Services or clicking to accept or agree to the Terms of Use and Data Protection Agreement when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and
the Data Protection Agreement, incorporated herein by reference, as of the date of your acceptance (the “Effective Date”).
A. Service Provider and Customer contemplate that Service Provider will provide Services and Deliverables to Customer under one or more Statements of Work (as defined below).
B. The purpose of this Agreement is to set forth the terms and conditions that will govern each of those Statements of Work.
C. In consideration of the mutual promises, agreements and conditions set forth below, the Parties agree as follows:
1.1. “Confidential Information”. means any data, materials, products, technology, computer programs, specifications, manuals, business plans, software, marketing plans, financial information, and personal information disclosed in writing, orally, or by drawings or observation, including but not limited to trade secrets, know-how, customer lists, pricing information, financial information, and business plans.
Confidential information does not include information that,
a) is or becomes publicly known through no breach of this clause by the receiving Party;
b) is received from a third party without breach of any obligation of confidentiality;
c) is independently developed by the receiving Party without use of the disclosing Party’s confidential information; or
d) is required by law to be disclosed, provided that the disclosing Party is given a reasonable opportunity to contest or limit the disclosure requirements.
1.2. “Deliverables“. means any tangible property, and any information inscribed on a tangible medium or stored in an electronic or other medium, that Service Provider creates, develops or provides, or is to create, develop or provide, under this Agreement, including but not limited to, reports, content pieces, lead lists, or other tangible outcomes as specified in the respective SOW.
1.3.“Default”. means
(a) Material Breach of a Party under this Agreement (including, without limitation, any payment obligations of Customer to Service Provider),
b) a Party’s insolvency, assignment for the benefit of creditors, appointment or sufferance of appointment of a trustee, receiver, or similar officer; or
(c) any voluntary or involuntary proceeding seeking reorganization, rehabilitation, liquidation, or similar relief under bankruptcy, insolvency, or similar debtor-relief statutes.
1.4. “Material Breach”. A material breach shall include, but not be limited to, (a) failure by either Party to perform any material obligation under this Agreement; (b) insolvency of a Party, assignment for the benefit of creditors, or the appointment of a trustee, receiver, or similar officer over a Party’s assets; or (c) initiation of voluntary or involuntary proceedings seeking reorganization, rehabilitation, liquidation, or similar relief under bankruptcy, insolvency, or other debtor-relief statutes.
2.1. Placement and Acceptance of Statements of Work. The specific services to be provided (“Services“) will be described in one or more SOW that will be agreed upon by both Parties. Each SOW will detail the Services to be performed, along with any Deliverables to be provided by the Service Provider to the Customer. Customer may place Statements of Work at any time by submitting to Service Provider a Statement of Work executed by Customer. Each Statement of Work will be numbered sequentially (i.e., Statement of Work No. 1, Statement of Work No. 2, and so on). Customer may revoke a Statement of Work at any time before Service Provider accepts that Statement of Work. Service Provider is not obligated to accept any Statement of Work and may accept a Statement of Work only by executing that Statement of Work and returning it to Customer.
2.2. Effect of Statements of Work. Upon Service Provider’s acceptance of an SOW, Customer will be bound to purchase, and Service Provider will be bound to provide, the Deliverables and Services described in that SOW, subject to the terms and conditions of this Agreement and the SOW.
2.3. Changes in the Services. The Parties may mutually agree to modify the scope of the Services and/or the Deliverables through the appropriate execution of a new SOW, which shall become part of this Agreement upon execution. Any such modifications shall not affect the validity of the rest of the Agreement, unless explicitly stated in the new SOW.
2.4. Conflicts. In the event of any conflict or inconsistency between the provisions of this Agreement and any Statement of Work, the terms and conditions of the Statement of Work shall prevail.
3.1. Term. This Agreement shall commence on the Effective Date and continue for an initial term of three (3) months (“Initial Subscription Term“), unless earlier terminated in accordance with the provisions of this Agreement. Following the conclusion of the Initial Subscription Term, this Agreement shall automatically renew for successive three (3) month periods (each a “Renewal Term“).
3.2. Non-Renewal of Term. Unless otherwise specified in a relevant SOW, the Customer may opt to prevent the automatic renewal of this Agreement by providing the Service Provider with written notice of non-renewal at least thirty (30) days before the end of the then-current term. Such notice shall be given in accordance with the notice provisions set forth in this Agreement.
3.3. Termination for Convenience. Service Provider may terminate this Agreement without cause at any time upon thirty (30) days’ written notice to the Customer. If Service Provider terminates this Agreement without cause, the Customer shall be entitled to a refund of any pre-paid but unused fees for the Services.
3.4. Termination for Breach. Either Party may terminate this Agreement based on a Default of the other Party, provided the Party gives at least seven (7) days’ written notice to the defaulting Party, explicitly identifying the default on which such notice is based.
3.4.1. The defaulting Party will have a right to cure such default within thirty (30) days of receipt of such notice, and this Agreement will terminate only if such a cure is not made within thirty (30) days.
3.5. Termination for Non-Payment. Service Provider may terminate this Agreement effective immediately upon written notice if the Customer fails to remedy a non-payment of any amounts due under this Agreement within seven (7) days following receipt of written notice of such non-payment from Service Provider.
3.6. Survival. The provisions of this Agreement that by their nature should survive termination or expiration of this Agreement shall survive termination or expiration of this Agreement, including but not limited to the confidentiality, intellectual property, liability and indemnification, dispute resolution, governing law, and notices provisions.
3.7. Non-Solicitation. Customer agrees not to solicit, induce, recruit, encourage, or otherwise endeavor to hire or engage any employee or contractor of Service Provider (a “Restricted Party”) who has been involved in the execution or delivery of services under this Agreement during the term of this Agreement and for a period of twelve (12) months following the termination or expiration of this Agreement. This prohibition includes, but is not limited to, offering employment to or hiring any Restricted Party, or engaging them as an independent contractor or consultant.
3.7.1. The Parties acknowledge that the actual damages likely to result from breach of this Non-Solicitation Clause by Customer are difficult to estimate and prove. Payment of liquidated damages serves to compensate Service Provider for any breach by Customer of its obligations under this Non-Solicitation Clause, and is not intended to serve as punishment for any such breach. Therefore, if the Customer violates this clause, the Customer agrees to pay Service Provider liquidated damages in an amount equal to one hundred percent (100%) of the gross annual compensation that was payable by Service Provider to the Restricted Party at the time of the breach, or if the Restricted Party is no longer employed or retained by Service Provider, one hundred percent (100%) of the gross annual compensation that was payable by Service Provider to the Restricted Party at the most recent time such Restricted Party worked for the Service Provider. Payment of such liquidated damages by the Customer shall be made within thirty (30) days of the Customer’s breach of this Non-Solicitation Clause.
3.7.2. The Customer acknowledges that this clause is reasonable and necessary for the protection of Service Provider’s legitimate business interests, including, but not limited to, its proprietary information, trade secrets, business operations, and client relationships. The Customer further acknowledges that the liquidated damages are a reasonable estimate of the harm that would be caused by a breach of this clause.
4.1. Recurring Fee. The Customer agrees to pay the Service Provider a recurring monthly fee for the Services rendered, as described in the applicable SOW. The billing cycle for this fee shall occur monthly, commencing on the start date of the project as specified in the corresponding SOW, and will be prorated for partial periods.
4.2. Due Date for Payment. Payment of the recurring monthly invoice is due on the monthly billing date stated in the invoice. Failure to make timely payment may result in the suspension of Services until payment is received. In the event of late payment, the Customer may be subject to a late fee of 1.5% per month on the unpaid balance or the maximum rate permitted by law, whichever is lower.
4.3. Credit Card Fee. Payment of the monthly invoice by credit card is subject to a 3% expense fee, to be added to the balance of the invoice.
4.4. Taxes. All fees are exclusive of taxes, levies, or duties imposed by taxing authorities, and the Customer is responsible for payment of all such taxes, levies, or duties, excluding only taxes based solely on the Service Provider’s income.
4.5. Amendments. Any changes to the fees or payment terms shall be agreed upon in writing by the Parties and reflected in an amended SOW or a new SOW.
4.6. Expenses. Service Provider will invoice Customer for, and Customer will reimburse Service Provider for, all costs and expenses incurred in performing the Services and delivering the Deliverables for each Project, including all travel-related costs and expenses, provided that all such costs and expenses must be pre-approved by Customer in writing.
5.1. Maintain Confidentiality. During the term of this Agreement and for a period of five (5) years after its termination or expiration, both Parties agree to maintain the confidentiality of all Confidential Information received from the other Party.
5.2. Protection Of Confidential Information.
5.2.1. Each Party agrees to:
5.2.1.1. Not use the Confidential Information for any purpose outside the scope of this Agreement.
5.2.1.2. Limit access to Confidential Information to those employees, agents, or third parties who need access in order to perform their job duties in connection with the Services and who have signed confidentiality agreements or are otherwise bound by confidentiality obligations at least as restrictive as those contained herein.
5.2.1.3. Take all reasonable steps to protect the confidentiality of the Confidential Information in a manner that is no less protective than the measures used to protect their own confidential information of a similar nature.
5.2.2. Service Provider agrees to abide by the Data Protection Agreement attached to this Agreement as Exhibit B.
5.3. Termination Requirements. Upon termination or expiration of this Agreement, each Party shall return or destroy all confidential information of the other Party in its possession, except as may be required to comply with any legal obligations or to resolve any dispute between the Parties.
6.1. Service Provider IP. Ownership of all intellectual property rights arising from the Services, including without limitation, any software, documentation, reports, and other materials created or developed by the Service Provider (“Service Provider IP“) under this Agreement, shall be the sole and exclusive property of the Service Provider. The Customer is granted a non-exclusive, non-transferable, revocable license to use the Service Provider IP for the sole purpose of making use of the Services and Deliverables.
6.2. Customer Materials. Notwithstanding the foregoing, the Customer shall retain all right, title, and interest in and to any data, information, or material provided to the Service Provider by the Customer in the course of executing the Services (“Customer Materials“), and in any intellectual property rights arising from the Customer Materials. The Service Provider is granted a non-exclusive, limited license to use the Customer Materials solely for the purpose of performing the Services under this Agreement.
6.3. Use of Industry Know-How. Nothing in this Agreement shall prevent Service Provider from using similar code, know-how, and/or methods in other projects for other clients outside of the scope of this Agreement.
6.4. Work Product, Proprietary Rights. If Service Provider delivers or is required to deliver to Customer any work product in connection with Services, including but not limited to concepts, works, inventions, templates, as well as any related documentation and instructions (whether developed by Service Provider or any of its personnel, either alone or with others, and whether completed or in-progress) (collectively, “Work Product”), then Customer owns, or upon assignment by the creator will own, all right, title and interest (including, but not limited to, all trademarks, trade secrets, copyrights, patents and any other intellectual property or proprietary rights) (collectively, “Proprietary Rights”) in such Work Product, except that Work Product does not include: (a) any inventions or developments made by Service Provider prior to the date of this agreement; (b) any improvements Service Provider may make to its own proprietary software or any of its internal processes as a result of any Order Form, provided that such improvement do not infringe Customer ’s Proprietary Rights; or (c) any third-party data, including but not limited to contact lists or other information accessed, licensed, or obtained from external sources, regardless of whether such data is incorporated into the Services. Customer acknowledges and agrees that contact lists and other certain other information related to such lists are provided to Service Provider by a third-party and therefore is neither the property of Service Provider nor of the Customer.
6.5. Work for Hire. The Parties hereby acknowledge and agree that any Services commissioned by the Customer shall be considered a “work made for hire” as defined under the United States Copyright Act, 17 U.S.C. § 101 et seq., and as such, all rights, title, and interest, including all copyrights in and to the Work Product, shall be the sole and exclusive property of Customer upon creation. In the event that the Work Product, or any portion thereof, is determined not to be a “work made for hire” as contemplated herein, the Customer hereby irrevocably assigns to Service Provider, without additional consideration, all right, title, and interest in and to the Work Product, including all intellectual property rights therein. The Customer further agrees to execute any documents or take any actions as may reasonably be necessary, or as Service Provider may reasonably request, to effectuate the assignment of rights as provided in this clause.
7.1. Customer Represents And Warrants that:
7.1.1. it has the full right, power and authority to enter into and perform its obligations and grant the rights, licenses, consents and authorizations it grants or is required to grant under this Agreement.
7.1.2. With respect to each purchase or receipt of leads handed over by Service Provider to Customer, Customer shall use leads in a way applicable federal, state and local laws, statutes, rules and regulations, including without limitation, (the Communications Act of 1934, as amended, the Telephone Consumer Protection Act (“TCPA”) and implementing regulations issued by Federal Communications Commission, the Telemarketing and Consumer Fraud and Abuse Prevention Act, the Federal Trade Commission’s Telemarketing Sales Rule, the Controlling the Assault of Non-Solicited Pornography and Marketing Act, and other federal and state laws and regulations governing the marketing, promotion, and/or sales of goods or services, including general consumer protection laws and regulations, or other consumer protection laws that prohibit unfair, deceptive, or misleading acts or practices; without limiting the generality of subsection (a) above, Customer will not make any calls to any individual listed on any federal or state national Do-Not-Call (DNC) registry unless an exemption applies; Customer will not use any lead information for purposes of determining a person’s eligibility for insurance, credit, employment or otherwise in any manner that violates the Fair Credit Reporting Act).
7.2. Service Provider Represents that:
7.2.1. It will perform Services competently and professionally in accordance with the level of professional care customarily observed by highly skilled professionals rendering similar services;
7.2.2. It will comply with all applicable ordinances, codes, standards, laws, rules, regulations and orders of any governmental authority having jurisdiction over the Service Provider. The performance of Services and will hold and fully comply with all required licenses, permits and approvals;
7.2.3. It has all rights necessary for its execution and delivery of this agreement and performance of its obligations under this agreement.
7.3. Disclaimer of Warranties. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREIN, ALL SERVICES, DELIVERABLES AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS AND SERVICE PROVIDER HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING BY STATUTE, OPERATION OF LAW, COURSE OF DEALING OR PERFORMANCE, OR USAGE OF TRADE.
8.1. Limitation of Liability. EACH PARTY’S LIABILITY TO THE OTHER PARTY ARISING OUT OF OR RELATING TO THIS AGREEMENT UNDER ANY LEGAL THEORY WILL BE LIMITED TO DIRECT DAMAGES AND WILL NOT EXCEED THE AMOUNT OF THE FEES PAID BY CUSTOMER TO SERVICE PROVIDER UNDER THE STATEMENT OF WORK TO WHICH THE CLAIM RELATES AS OF THE DATE THE PARTY’S LIABILITY TO THE OTHER IS AGREED OR FINALLY DETERMINED. IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR LOST PROFITS, EVEN IF SUCH PARTY HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIABILITY LIMITATIONS DESCRIBED IN THIS SECTION WILL NOT APPLY TO (I) ANY CLAIM FOR WHICH ONE PARTY IS REQUIRED TO INDEMNIFY THE OTHER, OR (II) GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
8.2. Liability Cap. IN NO EVENT SHALL SERVICE PROVIDER TOTAL LIABILITY FOR ANY CLAIM(S) OR DEMANDS ARISING FROM OR RELATING TO THIS AGREEMENT EXCEED THE TOTAL AMOUNT OF FEES PAID TO SERVICE PROVIDER BY CUSTOMER UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS IMMEDIATELY PRIOR TO THE EVENT(S) FROM WHICH THE CLAIM(S) OR DEMANDS AND LIABILITY ARISES. THE LIMITATIONS IN THIS SECTION ARE INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE. THE LIMITATIONS IN THIS SECTION ARE A MATERIAL BASIS OF THE BARGAIN, AND THE TERMS OF THIS AGREEMENT WOULD BE DIFFERENT WITHOUT SUCH LIMITATIONS.
8.3. Indemnification. Both the Service Provider and the Customer (collectively referred to as the “Parties”) agree to indemnify, defend, and hold harmless each other and their respective officers, directors, employees, agents, successors, and assigns from and against any and all liabilities, damages, settlements, penalties, fines, costs, or expenses (including reasonable attorneys’ fees and costs) arising out of or relating to any claim, suit, action, or proceeding brought by a third party that arises out of or relates to the execution of this Agreement, provided that such claim is not attributable to the gross negligence or willful misconduct of the indemnified party.
8.4. Special Damages. Furthermore, under no circumstances shall either Party be liable to the other Party for any indirect, incidental, consequential, special, or exemplary damages arising from or relating to this Agreement, even if advised of the possibility of such damages. This limitation of liability does not apply to breaches of confidentiality obligations, violations of a Party’s intellectual property rights by the other Party, or obligations under the indemnification provisions of this Agreement.
9.1. Relationship. Nothing herein creates or is intended to create any employment relationship between Customer and Service Provider. Service Provider will have sole responsibility for the payment of all applicable taxes and withholdings with respect to compensation paid to Service Provider’s employees and contractors. Service Provider retains absolute discretion in the manner and means of carrying out the Services, and Customer will have no obligation to direct or control the working conditions of Service Provider’s employees or subcontractors.
9.2. Dispute Resolution. In the event of any dispute, claim, question, or disagreement arising from or related to this Agreement or the breach thereof, the Parties shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both Parties. If they do not reach such solution within a period of sixty (60) days, then, upon notice by either Party to the other, all disputes, claims, questions, or disagreements shall be finally settled by arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
9.3. Prevailing Party. The prevailing party in any arbitration shall be entitled to recover its attorneys’ fees and costs from the non-prevailing party.
9.4. Governing Law. This Agreement and any dispute arising out of or related to it will be governed by and construed in accordance with the laws of the State of California, without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of, or related to, this Agreement or the Services provided hereunder shall be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case located in the city and county of San Francisco, although we retain the right to bring any suit, action, or proceeding against the Customer or its property in the court of any jurisdiction. The Parties irrevocably consent to the exclusive jurisdiction of such courts in any such suit, action, or proceeding and waive any objection based on improper venue or forum non conveniens.
9.5. Notices. All notices pertaining to this Agreement must be sent via electronic mail to the respective email addresses provided below. Notices are considered effective upon confirmed receipt. Should either party change their email address, they must promptly notify the other party of the updated address.
9.5.1. If to Service Provider:
LevelUp Leads LLC
1760 Palm Drive,
Laguna Beach, CA 92651
Phone: +1.925.639.1749
With a copy to: john@levelupleads.io
9.6. Entire Agreement and Amendment. This Agreement, together with its exhibits, schedules, and any other documents expressly referred to herein or attached hereto, including Statements of Work, Data Protection Agreement, and the Terms of Use Agreement issued hereunder, constitutes the entire agreement between the Parties concerning the subject matter hereof.
9.7. Force Majeure. Except for payment obligations, neither Party will be liable for failure to fulfill an obligation due to causes beyond its reasonable control (a “Force Majeure Event”), including, without limitation, severe weather events; war, terrorism, riots or other acts of vandalism, sabotage or insurrection; internet interruptions or outages; acts of God; strikes; changes in law or federal or state restrictions; or epidemic/pandemic or widespread disease. Either Party may terminate this Agreement if a Force Majeure Event continues substantially uninterrupted for a period of thirty (30) days or more and Service Provider will refund to Customer any pre-paid, unused fees for the terminated portion of the term of this Agreement.
9.8. Injunctive Relief. The Parties agree that any breach or threatened breach of this Agreement by a Party may cause irreparable harm to the non-breaching Party, for which monetary damages may be difficult to ascertain or an inadequate remedy. Accordingly, the non-breaching Party shall be entitled to seek injunctive relief in the event of any such breach or threatened breach, in addition to any other legal remedies available to it.
9.9. Severability. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon such determination that any term or other provision is invalid, illegal, or unenforceable, the Parties shall negotiate in good faith to modify this Agreement so as to effect the original intent of the Parties as closely as possible in a mutually acceptable manner in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.
9.10. Waiver. No waiver by either Party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
9.11. Assignment. Neither Party may assign this Agreement or any of its rights or obligations hereunder without the prior written consent of the other Party. Notwithstanding the foregoing, either Party may assign this Agreement without consent to a successor to all or substantially all of its assets or business to which this Agreement relates, whether by merger, sale of assets, sale of stock, or otherwise. Subject to the foregoing, this Agreement shall be binding upon and shall inure to the benefit of the Parties and their respective successors and assigns.
9.12. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
9.13. Headings. The headings in this Agreement are for reference purposes only and shall not affect the interpretation of this Agreement.
1.1. This DPA forms part of the Terms of Use Agreement (“Agreement”) between the Parties, where the Service Provider processes Personal Information on behalf of the Customer. The purpose of this DPA is to ensure compliance with the California Consumer Privacy Act (CCPA) and other applicable data protection laws.
2.1. “Personal Information” means any information that identifies, relates to, describes, or could reasonably be linked, directly or indirectly, with a particular consumer or household, as defined under the CCPA.
2.2. “Business” and “Service Provider” have the meanings given in the CCPA.
3.1. Compliance. The Service Provider shall comply with applicable CCPA provisions in the processing of Personal Information.
3.2. Use Limitation for Service Provider. The Service Provider shall process Personal Information solely for the purpose of providing the services specified in the Agreement and shall not sell or disclose Personal Information for any other purpose except as required by law.
3.3. Use Limitation for Customer. The Customer shall process Personal Information solely for the purposes specified in the Agreement and shall not sell or disclose Personal Information for any other purpose except as required by law. Customer agrees not to violate the CCPA or any other applicable data privacy laws.
3.4. Security Measures. The Service Provider shall implement appropriate physical, technical, and administrative safeguards to protect Personal Information against unauthorized access, destruction, use, modification, or disclosure.
3.5. Assistance. The Service Provider shall assist the Customer, insofar as this is possible, in fulfilling any obligation to respond to consumer requests under the CCPA.
4.1. The Service Provider shall promptly notify the Customer if it receives a request from a consumer regarding their rights under the CCPA, including requests for access, deletion, or information about how their Personal Information is being used.
4.2. The Service Provider shall not respond to any such request directly without the Customer’s prior written consent unless required by applicable law.
5.1. The Service Provider shall ensure that any subcontractor agrees in writing to the same data protection obligations imposed on the Service Provider under this DPA.
6.1. This DPA is effective for the duration of the Agreement and shall automatically terminate upon termination of the Agreement.
6.2. Upon termination of the Agreement, the Service Provider shall, at the choice of the Customer, return or delete all Personal Information processed on behalf of the Customer, unless applicable law requires storage of the Personal Information.
7.1. Governing Law. This DPA shall be governed by and construed in accordance with the laws of the State of California.
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