Appendix A to the Powered by Zapier Offering Terms: Product-Specific Terms
ワークフローAPI
The Workflow API enables: (1) End User discovery, design, and activation of Zapier workflows directly within Developer’s App; (2) End User browsing Zapier’s integration directory; (3) Developer pre-filling Zapier workflows for End Users; and (4) End User use of an embedded version of the Zapier editor in Developer’s App.
Product-Specific Terms:
1. Order: Workflow API does not require a commercial Order for Developer use.
2. End User: End User must be a Zapier Customer to use Workflow API through Developer’s Apps.
No other modifications to the Terms.
Quick Account Creation (QuAC)
Quick Account Creation ("QuAC") enables End Users to sign up for a Service account directly on App’s website. QuAC gathers End User sign-up information, including first name, last name, and email address (“End User Information”) from Developer’s App and provides it to Zapier to check if End User already has a Service account to connect through the Module. If End User does not have a Service account yet, QuAC populates End User Information into a prefilled Service sign-up link.
Product-Specific Terms:
1. Order: QuAC does not require a commercial Order for Developer use.
2. End User: End Users are not required to be Zapier customers in order to use QuAC through a Module. By using the Service account set up process offered by QuAC, End Users become Zapier Customers.
3. Data Processing
a. When End User uses a Module with QuAC on Developer’s website, Developer authorizes Zapier to obtain End User Information from the App website via the Module. Developer is responsible for obtaining End User’s consent prior to sharing their End User Information with Zapier.
b. Zapier will use End User Information to enable End User’s sign up for a Service account. If End User does not sign up for a Service account, their End User Information is deleted. If an End User becomes a Zapier Customer, Zapier’s TOS governs how Zapier’s Processing of such End User Information. Upon termination of the Terms, any Zapier Customer will remain a Zapier Customer.
No other modifications to the Terms.
Commercial Solutions
Commercial Solutions is a commercial arrangement between Developer and Zapier where Developer pays for End User’s: (1) use of Zapier tasks via Modules; or (2) other use of the Service, in each case as specified in the Order.
Product-Specific Terms:
1. Order: Commercial Solutions requires a commercial Order signed between Zapier and Developer incorporating these Terms. The Order between Developer and Zapier includes the commercial terms for the specific Commercial Solutions arrangement. These Terms are incorporated into the Order by reference.
2. End User: End User must be a Zapier Customer to participate in the Commercial Solutions arrangement.
3. Term and Termination: For Commercial Solutions, the second sentence of Section 7 of the Terms is replaced with the following:
With respect to Commercial Solutions, these Terms automatically terminate upon the earlier of (i) any termination of the applicable Order, and (ii) termination by either party if: (a) the other party breaches these Terms and fails to remedy such breach within thirty (30) days of the date of receipt of a written notice (if capable of remedy), email sufficient; or (b) a receiver is appointed or applied for the other party or its property, a petition in bankruptcy is filed by or against the other party, or it makes an assignment for the benefit of credits which has not been dismissed within sixty (60) days.
4. Limitation of Liability: For Commercial Solutions, Section 9 of the Terms is replaced with the following:
a. Except for Enhanced Claims and Uncapped Claims, each party’s entire liability arising out of or related to these Terms and the Order will not exceed the amounts paid or payable by Developer to Zapier under the applicable Order in the twelve (12) months immediately preceding the first incident giving rise to liability (“General Cap”). For Enhanced Claims, each party’s entire liability arising out of or related to these Terms and the Order will not exceed two (2) times the General Cap.
b. “Enhanced Claims” mean a party’s breach of Section 2 (Developer Responsibilities), Section 3 (Zapier Responsibilities), Section 4 (User Data) or Section 11 (Confidential Information). “Uncapped Claims” mean: (1) the indemnifying party’s obligations under Section 10 (Indemnification); (2) either party’s infringement or misappropriation of the other party’s intellectual property rights; and (3) liabilities that cannot be limited by law.
c. Neither party will have any liability arising out of or related to these Terms and the Order for indirect, special, incidental, reliance, or consequential damages or damages for loss of use, lost profits or interruption of business, even if informed of their possibility in advance. The waivers and limitations in this Section 9 apply regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise and will survive and apply even if any limited remedy in these Terms fails of its essential purpose.
5. Modifications to Terms: Notwithstanding Section 13 of the Terms, modifications to these Terms will be effective as of Developer’s next Term renewal for Commercial Solutions. By continuing to access or use the Commercial Solutions (including any part thereof) after such renewal date, Developer agrees to be bound by such modified Terms. If Developer does not or cannot agree to the modified Terms, Developer's sole remedy is to not renew Commercial Solutions.
No other modifications to the Terms.
