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Terms of Service

Last updated: January 15, 2026

Terms of Service

Document owner: General Counsel Version: 3.0 Effective date: January 1, 2026 Last updated: January 15, 2026 Classification: Public — Trust Center Review cadence: Annual, and upon material changes to services, pricing, or applicable law Company: Acme Cloud, Inc. Address: 1200 Market Street, Suite 400, San Francisco, CA 94103, USA Primary contacts: trust@acmecloud.com | security@acmecloud.com | privacy@acmecloud.com


Definitions

TermDefinition
AffiliateAny entity that directly or indirectly controls, is controlled by, or is under common control with a party
Authorized UserIndividual authorized by Customer to access and use the Services under Customer's account
Confidential InformationNon-public information disclosed by either party, marked confidential or reasonably understood to be confidential
CustomerThe entity agreeing to these Terms by executing an Order Form or registering for Services
Customer DataData, content, and information submitted to the Services by Customer or Authorized Users
DocumentationUser guides, API documentation, and other technical materials provided by Acme Cloud
DPAData Processing Agreement governing Personal Data processing
Effective DateThe date Customer accepts these Terms or the Order Form effective date
FeesAmounts payable for Services as specified in the Order Form
Force MajeureEvents beyond reasonable control including natural disasters, war, terrorism, pandemics, government actions
Intellectual Property RightsPatents, copyrights, trademarks, trade secrets, and other proprietary rights
Order FormOrdering document specifying Services, Fees, and subscription terms
Personal DataInformation relating to an identified or identifiable natural person
PlatformThe Acme Cloud software-as-a-service application
Professional ServicesImplementation, training, or consulting services provided by Acme Cloud
ServicesThe Platform and related services provided under these Terms
SLAService Level Agreement specifying availability commitments
Subscription TermThe period during which Customer has access to Services
Third-Party ServicesNon-Acme Cloud applications, integrations, or services
Usage LimitsQuantitative restrictions on Service use (users, storage, API calls)

Scope and Applicability

1.1 Agreement Structure

These Terms of Service ("Terms") constitute a binding agreement between Acme Cloud, Inc. ("Acme Cloud," "we," "us," or "our") and the entity identified in the applicable Order Form or registration ("Customer," "you," or "your"). The complete agreement ("Agreement") consists of:

ComponentPurposePrecedence
Order FormSpecific services, pricing, termsHighest (for conflicts)
Data Processing AgreementPersonal Data processing obligationsEqual to Terms
Service Level AgreementAvailability commitmentsEqual to Terms
These Terms of ServiceGeneral contract termsBase terms
Acceptable Use PolicyProhibited conductIncorporated by reference
DocumentationTechnical specificationsIncorporated by reference

1.2 Acceptance

Customer accepts these Terms by: (a) executing an Order Form referencing these Terms, (b) clicking "I Accept" or similar acceptance mechanism, or (c) accessing or using the Services. If accepting on behalf of an organization, the individual represents authority to bind that organization.

1.3 Eligibility

Services are available only to entities and individuals who can form legally binding contracts. Customer represents that: (a) it is a validly existing business entity, (b) the individual accepting has authority to bind Customer, (c) Customer is not located in a jurisdiction subject to comprehensive US sanctions, and (d) Customer is not on any US government prohibited party list.

1.4 Changes to Terms

Acme Cloud may modify these Terms by providing thirty (30) days' notice via email or in-app notification. Changes become effective at the start of Customer's next Subscription Term unless Customer objects in writing within the notice period. Material changes during a Subscription Term require mutual agreement unless required by law.


Services and License Grant

2.1 Service Description

Acme Cloud provides a cloud-based compliance management platform enabling customers to manage privacy compliance programs, conduct assessments, maintain documentation, and demonstrate compliance to stakeholders.

Service ComponentDescriptionAvailability
Core PlatformWeb application for compliance managementAll plans
Assessment EngineAutomated compliance assessments and questionnairesAll plans
Document ManagementPolicy and evidence repositoryAll plans
ReportingCompliance dashboards and reportsAll plans
API AccessProgrammatic integration capabilitiesProfessional+
SSO IntegrationSAML/OIDC identity federationProfessional+
Advanced AnalyticsCustom reporting and benchmarkingEnterprise
Dedicated SupportNamed support representativeEnterprise
Professional ServicesImplementation and trainingSeparately purchased

2.2 License Grant to Customer

Subject to these Terms and payment of Fees, Acme Cloud grants Customer a non-exclusive, non-transferable, worldwide license during the Subscription Term to:

2.2.1. Access and use the Services for Customer's internal business purposes 2.2.2. Permit Authorized Users to access and use the Services 2.2.3. Use Documentation in connection with permitted Service use 2.2.4. Copy and use sample policies and templates for Customer's internal use

2.3 License Restrictions

Customer shall not, and shall ensure Authorized Users do not:

RestrictionDescriptionException
SublicenseTransfer or sublicense rights to third partiesAffiliates with notice
Reverse engineerDecompile, disassemble, or reverse engineer ServicesPermitted by law
CopyCopy or create derivative worksDocumentation excerpts
CompeteUse to build competing productNone
CircumventBypass security or usage controlsNone
ResellResell or commercially distributeMSP program
MisrepresentMisrepresent identity or authorizationNone
HarmUse for illegal purposes or to harm othersNone
Exceed limitsExceed Usage Limits without paymentNone

2.4 Customer Responsibilities

Customer is responsible for:

3.1. Accuracy and legality of Customer Data 3.2. Authorized User compliance with these Terms 3.3. Account credentials security and MFA enforcement 3.4. Appropriate access controls and user provisioning 3.5. Integration configuration and third-party service usage 3.6. Compliance with laws applicable to Customer's use 3.7. Maintaining backup copies of Customer Data as desired

2.5 Acceptable Use

Customer agrees to the Acceptable Use Policy available at /acceptable-use. Prohibited uses include:

CategoryExamplesEnforcement
Illegal activityFraud, money laundering, violations of lawImmediate suspension
Harmful contentMalware distribution, phishing, harassmentSuspension with notice
Security violationsUnauthorized access attempts, vulnerability exploitationImmediate suspension
Resource abuseCryptomining, denial of service, excessive API usageRate limiting, suspension
Rights violationsIP infringement, unauthorized data collectionNotice and takedown

Customer Data

3.1 Ownership

Customer retains all right, title, and interest in Customer Data. Nothing in these Terms transfers Customer Data ownership to Acme Cloud.

3.2 License to Acme Cloud

Customer grants Acme Cloud a non-exclusive, worldwide license to use, copy, store, transmit, modify, and display Customer Data solely to:

PurposeScopeDuration
Provide ServicesFull processing rightsSubscription Term
Maintain and improve ServicesAnonymized/aggregated analysisPerpetual
Comply with legal obligationsAs required by lawAs required
Generate insightsAnonymized benchmarkingPerpetual

3.3 Data Processing

Where Customer Data includes Personal Data, processing is governed by the DPA available at /dpa. The DPA is incorporated by reference and includes:

DPA ComponentPurpose
Processing instructionsScope and purposes of processing
Security measuresTechnical and organizational safeguards
Subprocessor provisionsThird-party processor engagement
Data subject rightsAssistance with requests
Breach notificationIncident communication
International transfersTransfer mechanisms
Audit rightsCompliance verification
Return and deletionPost-termination handling

3.4 Data Security

Acme Cloud maintains administrative, technical, and physical safeguards to protect Customer Data as described in the Security Overview at /security-overview. Key commitments include:

Security MeasureImplementation
Encryption at restAES-256 for all Customer Data
Encryption in transitTLS 1.2+ for all connections
Access controlsRole-based access, MFA, audit logging
Network securityVPC isolation, WAF, DDoS protection
Monitoring24/7 security operations
CertificationsSOC 2 Type II, ISO 27001 (in progress)

3.5 Data Residency

Enterprise customers may select data residency region upon account provisioning:

Region OptionPrimary LocationBackup LocationAdditional Fees
United Statesus-east-1us-west-2Included
European Unioneu-west-1eu-central-1Included
United Kingdomeu-west-2eu-west-1Contact sales
Asia Pacificap-southeast-1ap-northeast-1Contact sales

Data residency applies to Customer Data at rest. Service metadata may be processed globally.


Fees and Payment

4.1 Fee Structure

Fee TypeDescriptionBilling
Subscription FeesRecurring charges for Service accessAnnual or monthly
Usage FeesCharges for consumption exceeding included limitsMonthly in arrears
Professional ServicesImplementation, training, consultingPer SOW
Support UpgradesPremium support optionsWith subscription

4.2 Payment Terms

TermRequirement
Payment methodCredit card, ACH, or wire transfer
Invoice termsNet 30 days from invoice date
CurrencyUSD unless otherwise specified
TaxesCustomer responsible for applicable taxes
Late payment1.5% monthly interest, collection costs

4.3 Fee Calculation and Adjustments

4.3.1. Subscription Fees are specified in the Order Form 4.3.2. Usage is measured daily; overages billed monthly 4.3.3. Fees may increase upon renewal with sixty (60) days' notice 4.3.4. Mid-term upgrades are pro-rated; downgrades effective at renewal 4.3.5. No refunds for partial periods except as specified

4.4 Suspension for Non-Payment

Acme Cloud may suspend Services for undisputed amounts overdue more than thirty (30) days after providing ten (10) days' written notice. Suspension does not relieve payment obligations. Services will be restored within one (1) business day of payment receipt.

4.5 Disputes

Customer must notify Acme Cloud of any Fee dispute within thirty (30) days of invoice date. Parties will negotiate in good faith to resolve disputes. Undisputed amounts remain due regardless of dispute.


Service Levels and Support

5.1 Availability Commitment

Acme Cloud commits to Service availability as follows:

PlanMonthly Uptime TargetMeasurementExclusions
FreeNo SLAN/AN/A
Professional99.5%MonthlyScheduled maintenance, Force Majeure
Enterprise99.9%MonthlyScheduled maintenance, Force Majeure

5.2 Service Credits

If Acme Cloud fails to meet the applicable uptime target, Customer may request service credits:

Monthly UptimeCredit (% of monthly Fee)
99.0% - 99.5%10%
95.0% - 99.0%25%
90.0% - 95.0%50%
Below 90.0%100%

5.2.1. Credits must be requested within thirty (30) days of the affected month 5.2.2. Maximum credit per month is 100% of that month's Subscription Fees 5.2.3. Credits apply to future invoices only; no cash refunds 5.2.4. Credits are Customer's exclusive remedy for availability failures

5.3 Scheduled Maintenance

Maintenance TypeNoticeWindowFrequency
Standard5 business daysSunday 2-6 AM ETAs needed
EmergencyBest effortAs neededRare
Major upgrade14 daysSunday 2-6 AM ETQuarterly maximum

5.4 Support Services

Support LevelIncluded PlansResponse TimesChannels
StandardFree2 business daysEmail, help center
BusinessProfessional8 business hours (P1), 1 business day (P2)Email, chat
EnterpriseEnterprise4 hours (P1), 8 business hours (P2)Email, chat, phone, Slack
PriorityDefinitionExample
P1 - CriticalService unavailable, no workaroundPlatform inaccessible
P2 - HighMajor feature impaired, workaround existsAssessment engine errors
P3 - MediumMinor feature issue, workaround availableReporting formatting
P4 - LowQuestion, enhancement requestFeature inquiry

Intellectual Property

6.1 Acme Cloud IP

Acme Cloud retains all right, title, and interest in:

IP CategoryExamplesRights Retained
PlatformSoftware, interfaces, algorithmsFull ownership
DocumentationUser guides, API docs, training materialsFull ownership
TemplatesSample policies, questionnairesFull ownership (license granted)
FeedbackSuggestions, improvements, ideasFull ownership (license back)
Aggregated DataAnonymous usage patterns, benchmarksFull ownership
TrademarksAcme Cloud name, logos, marksFull ownership

6.2 Customer IP

Customer retains all right, title, and interest in:

IP CategoryExamples
Customer DataUploaded documents, entered information
Customer BrandingLogos, names used in white-labeling
Customer ProcessesCompliance workflows, custom configurations
Customer IntegrationsCustom code connecting to APIs

6.3 Feedback License

If Customer provides feedback, suggestions, or ideas regarding the Services, Customer grants Acme Cloud a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such feedback without obligation or compensation.

6.4 Third-Party Components

The Services may include third-party open source components. Applicable licenses are listed in the Documentation. Customer's use of such components is governed by the applicable open source licenses.


Confidentiality

7.1 Definition and Exclusions

"Confidential Information" means non-public information designated as confidential or that reasonably should be understood to be confidential given the nature of the information and circumstances of disclosure.

Information TypeClassification
Customer DataCustomer's Confidential Information
Platform code, architectureAcme Cloud's Confidential Information
Pricing, Order FormsMutual Confidential Information
Security reports, findingsAcme Cloud's Confidential Information
Business plans, strategiesDiscloser's Confidential Information

Exclusions (burden of proof on receiving party):

ExclusionDefinition
Public informationInformation publicly available without breach
Prior possessionInformation already known without restriction
Independent developmentInformation developed independently
Authorized disclosureInformation received from authorized third party

7.2 Obligations

ObligationRequirement
ProtectionProtect using at least same care as own confidential information
Use limitationUse only as necessary to perform obligations
Disclosure limitationDisclose only to those with need to know
Personnel obligationsEnsure recipients bound by confidentiality
No reverse engineeringNot reverse engineer to derive information

7.3 Permitted Disclosures

Receiving party may disclose Confidential Information:

7.3.1. With discloser's prior written consent 7.3.2. To professional advisors bound by confidentiality 7.3.3. As required by law, with advance notice where permitted 7.3.4. To enforce rights under this Agreement

7.4 Duration

Confidentiality obligations survive termination for five (5) years. Trade secrets remain protected indefinitely.


Warranties and Disclaimers

8.1 Mutual Warranties

Each party represents and warrants that:

8.1.1. It has authority to enter into and perform this Agreement 8.1.2. The Agreement constitutes a valid and binding obligation 8.1.3. Execution does not violate other agreements or laws 8.1.4. It will comply with applicable laws in performing obligations

8.2 Acme Cloud Service Warranties

Acme Cloud warrants that during the Subscription Term:

WarrantyScopeRemedy
ConformanceServices materially conform to DocumentationCorrection or credit
SecurityMaintain reasonable security measuresPer Security Overview
Non-infringementServices do not infringe third-party IPIndemnification
Professional ServicesPerformed in professional mannerRe-performance

8.3 Customer Warranties

Customer represents and warrants that:

8.3.1. Customer Data does not infringe third-party rights 8.3.2. Customer has necessary rights to provide Customer Data 8.3.3. Customer's use will comply with applicable laws 8.3.4. Customer will maintain accurate account information

8.4 Disclaimer

EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, EACH PARTY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. ACME CLOUD DOES NOT WARRANT THAT SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. NO ORAL OR WRITTEN INFORMATION PROVIDED BY ACME CLOUD CREATES A WARRANTY NOT EXPRESSLY STATED HEREIN.


Indemnification

9.1 Acme Cloud Indemnification

Acme Cloud will defend, indemnify, and hold harmless Customer from third-party claims alleging that Customer's use of the Services in accordance with this Agreement infringes a third party's intellectual property rights.

ObligationScope
DefenseAssume defense of covered claims
SettlementMay settle with Customer consent (not unreasonably withheld)
DamagesPay damages awarded or settlements agreed

Exclusions from Acme Cloud indemnification:

9.1.1. Claims arising from Customer Data or Customer content 9.1.2. Claims arising from modifications not made by Acme Cloud 9.1.3. Claims arising from combination with non-Acme Cloud products 9.1.4. Claims arising from use after notice to discontinue 9.1.5. Claims arising from Customer's breach of this Agreement

Mitigation options:

OptionDescription
Procure rightsObtain right for Customer to continue using
ModifyModify Services to be non-infringing
ReplaceReplace with functionally equivalent alternative
TerminateTerminate and refund prepaid unused Fees

9.2 Customer Indemnification

Customer will defend, indemnify, and hold harmless Acme Cloud from third-party claims arising from:

9.2.1. Customer Data or Customer's use of Services 9.2.2. Customer's violation of applicable law 9.2.3. Disputes between Customer and its end users 9.2.4. Customer's breach of this Agreement

9.3 Indemnification Procedures

ProcedureRequirement
NoticePrompt written notice of claim
ControlIndemnitor controls defense and settlement
CooperationIndemnitee provides reasonable assistance
AuthorityNo settlement without indemnitor consent
InformationIndemnitee provides claim information

Limitation of Liability

10.1 Exclusion of Consequential Damages

EXCEPT FOR EXCLUDED CLAIMS, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST DATA, LOSS OF GOODWILL, OR COSTS OF PROCUREMENT OF SUBSTITUTE SERVICES, REGARDLESS OF WHETHER ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10.2 Liability Cap

EXCEPT FOR EXCLUDED CLAIMS, EACH PARTY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED THE FEES PAID OR PAYABLE BY CUSTOMER IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

10.3 Excluded Claims

The following are not subject to the liability limitations above:

Excluded Claim TypeApplicable Limitation
Acme Cloud indemnification obligations2x annual Fees
Customer indemnification obligationsNo limitation
Customer payment obligationsNo limitation
Breach of confidentiality2x annual Fees
Gross negligence or willful misconductNo limitation
FraudNo limitation
Personal injury or property damageNo limitation

10.4 Basis of Bargain

The limitations in this Section reflect the allocation of risk between parties and are an essential basis of the bargain. Neither party would enter this Agreement without these limitations.


Term and Termination

11.1 Agreement Term

This Agreement begins on the Effective Date and continues until all Subscription Terms expire or the Agreement is terminated as provided herein.

11.2 Subscription Term

Term TypeDurationAuto-Renewal
Annual12 monthsYes, for successive 12-month terms
Monthly1 monthYes, for successive 1-month terms
Multi-yearPer Order FormPer Order Form

11.3 Termination Rights

Terminating PartyBasisNotice Required
Either partyConvenience30 days before renewal
Either partyMaterial breach (uncured after notice)30 days to cure
Either partyOther party insolvencyImmediate
Acme CloudIllegal or prohibited useImmediate
Acme CloudNon-payment (after cure period)Per Section 4.4

11.4 Effect of Termination

Termination EffectTimelineCustomer Action
Service access endsEnd of Subscription TermExport data before termination
Customer Data retained30 days post-terminationRequest export or deletion
Customer Data deleted30 days after retention periodNone required
Surviving obligations continuePer Section 11.5Comply with surviving terms
Outstanding Fees dueImmediatelyPay all amounts owed

11.5 Survival

The following sections survive termination: Definitions, Customer Data (ownership), Fees and Payment (for accrued amounts), Intellectual Property, Confidentiality, Warranties and Disclaimers, Indemnification, Limitation of Liability, and General Provisions.


Compliance and Export Control

12.1 Export Restrictions

Customer agrees to comply with all applicable export control laws, including US Export Administration Regulations (EAR) and OFAC sanctions. Customer represents that:

12.1.1. Customer is not located in an embargoed country 12.1.2. Customer is not on any prohibited party list 12.1.3. Customer will not export or re-export Services to prohibited destinations 12.1.4. Customer will notify Acme Cloud of any compliance concerns

12.2 Government Users

If Customer is a US government entity, additional terms may apply. Government End Users acquire only those rights set forth in this Agreement consistent with FAR 12.212 and DFARS 227.7202.

12.3 Anti-Corruption

Neither party will take any action that would cause the other to violate applicable anti-corruption laws, including the US Foreign Corrupt Practices Act and UK Bribery Act.


General Provisions

13.1 Governing Law and Venue

Customer LocationGoverning LawVenue
United StatesDelaware lawDelaware state/federal courts
European UnionIreland lawDublin courts
United KingdomEngland lawLondon courts
OtherDelaware lawDelaware state/federal courts

13.2 Dispute Resolution

13.2.1. Informal Resolution: Parties will attempt to resolve disputes informally for thirty (30) days 13.2.2. Arbitration (Enterprise): Disputes will be resolved by binding arbitration under AAA Commercial Rules 13.2.3. Litigation (Standard): Courts of proper venue 13.2.4. Class Action Waiver: Disputes will be resolved individually, not as class actions

13.3 Notices

Notice TypeDelivery MethodEffective When
Legal noticesEmail to legal address + certified mailUpon receipt
Operational noticesEmail to account administratorUpon sending
In-app noticesBanner or notificationUpon display

Acme Cloud notices to: legal@acmecloud.com Customer notices to: Address in Order Form or account settings

13.4 Assignment

Neither party may assign this Agreement without prior written consent, except to an Affiliate or in connection with merger, acquisition, or sale of substantially all assets. Any prohibited assignment is void.

13.5 Waiver

No waiver of any breach is a waiver of any other breach. No waiver is effective unless in writing and signed by the waiving party.

13.6 Severability

If any provision is held unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible. Remaining provisions continue in full force.

13.7 Entire Agreement

This Agreement, including all Order Forms and referenced documents, constitutes the entire agreement between parties and supersedes all prior agreements, proposals, and communications regarding the subject matter.

13.8 Force Majeure

Neither party is liable for failure to perform due to Force Majeure events, provided the affected party: (a) gives prompt notice, (b) uses reasonable efforts to mitigate, and (c) resumes performance when able. If Force Majeure continues for ninety (90) days, either party may terminate affected Order Forms.

13.9 Relationship of Parties

The parties are independent contractors. Nothing creates a partnership, joint venture, agency, or employment relationship.

13.10 Third-Party Beneficiaries

There are no third-party beneficiaries to this Agreement, except for indemnified parties as specified.


Framework Mapping Appendix

Contract Compliance Mapping

Requirement SourceRequirementTerms SectionImplementation
GDPR Art. 28Processor obligationsCustomer Data, DPAIncorporated DPA
GDPR Art. 32Security measuresCustomer DataSecurity Overview reference
SOC 2 CC6.2Third-party agreementsFull TermsContractual commitments
ISO 27001 A.15.1Supplier agreementsFull TermsSecurity requirements
HIPAA § 164.308BAA requirementsDPAAvailable for BAA customers
PCI DSS 12.8Service provider contractsDPA, SecurityCompliance certifications

Enterprise Contract Requirements Matrix

Enterprise RequirementSectionAcme Cloud Position
Data ownership3.1Customer retains ownership
Security standards3.4SOC 2 Type II certified
Audit rightsDPAAnnual audit or SOC 2 report
Breach notificationDPAPer DPA terms (72 hours)
Subprocessor noticeDPA30 days advance notice
Data deletion11.430 days post-termination
Business continuitySLADocumented DR procedures
InsuranceUpon requestCyber, E&O, General liability
SLA credits5.2Up to 100% monthly credit
Limitation of liability10.212 months Fees baseline
Indemnification9.1IP infringement coverage
Governing law13.1Jurisdiction-appropriate

Related Trust Center documents

privacy policy, dpa, security overview, subprocessor list, cookie policy, acceptable use

Document revision history

VersionDateAuthorSummary of changes
1.02024-06-01Legal & ComplianceInitial Trust Center publication
2.02025-03-15GRC ProgramSOC 2 Type II alignment refresh; expanded subprocessors
2.52025-09-01Security EngineeringEncryption standards update; ISO 27001 mapping
3.02026-01-15Trust Center ProgramFull procurement-grade expansion; 34-document set

Contact

Acme Cloud, Inc. 1200 Market Street, Suite 400 San Francisco, CA 94103, USA

ChannelEmailUse case
Trust & procurementtrust@acmecloud.comSecurity questionnaires, trust reviews
Securitysecurity@acmecloud.comIncidents, vulnerabilities, control questions
Privacyprivacy@acmecloud.comDSRs, privacy assessments
Legallegal@acmecloud.comContractual, DPA, legal notices
Last updated: January 15, 2026
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