Skyword Social Media Analytics Addendum

This Social Media Analytics Addendum (this “Addendum”), under the Master Terms and Conditions (the “MTC”) between Skyword, Inc. (“Skyword”) and the entity identified in the relevant Order Form (“Customer” or “you”), is effective as of the Subscription Term start date specified in the Order Form that includes the Offering(s) covered by this Addendum. The terms of the MTC are hereby incorporated by reference and made part of this Addendum. All capitalized terms that are used but not defined in this Addendum will have the meanings given to them in the MTC. In the event of a conflict between the terms of this Addendum and the MTC, the terms of this Addendum will govern solely with respect to the Offering(s) governed by this Addendum.

1. Additional Definitions

1.1. “Analyzed Data” means the Data, as presented by Skyword, together with any related visualizations, analysis, and alerts generated by Skyword and made available to you.
1.2. “Brand(s)” means a term, trademark, or other word regarding which Data on Third Party Properties is tracked and monitored by the TrackMaven Services.
1.3. “Credentials” means usernames, passwords, access tokens, and any other required information to access your social media and other digital marketing channels.
1.4. “Data” may include, but is not limited to, any combination of information from traditional news and print media, paid advertising, email marketing, social media, content marketing/RSS, SEO data, and traffic data collected through the TrackMaven Services from Third Party Properties regarding the Brand(s) designated by you. Data is either publicly-available, accessible via your Credentials, or to which Skyword is able to obtain authorized access.
1.5. “Third Party Properties” means any websites, mobile sites, apps, and products, owned or controlled by third parties, from which the TrackMaven Services collect Data.
1.6. “TrackMaven API” means the TrackMaven Services application programming interface which enables Customer to download the Data or Analyzed Data.
1.7. “TrackMaven Platform” means the Skyword software and all associated IP related to this Offering.
1.8. “TrackMaven Services” means Skyword’s collection, aggregation, tracking, and analysis of Data to present Analyzed Data for Customer to view, including through the TrackMaven web interface.
1.9. “User(s)” means your personnel authorized to access the TrackMaven Services via the TrackMaven web interface.
1.10. “User Licenses/b>” means the number of Users authorized to access the TrackMaven Services via the TrackMaven web interface.
1.11. “Workspace Licenses” means the number of TrackMaven Services workspaces made available through the Platform that Users are authorized to access.

2. Skyword responsibilities for TrackMaven Services
We collect, aggregate, track, and analyze Data on a select number of Brands from Third Party Properties and present Analyzed Data to you for you to view.

3. Customer responsibilities in connection with TrackMaven Services
3.1. Brand & User Identification.You will cooperate with us to enable us to provision and provide the TrackMaven Services, including the timely provision to us of a list of Brands and Users. You will keep such lists current.
3.2. Credentials. You will provide us with your Credentials and grant us the right to use your Credentials to enable Skyword to access and use your first party data from the services and channels accessible via the Credentials in connection with providing the TrackMaven Services.
3.3. Usage Limits & Responsibility. Customer is responsible for restricting use of the TrackMaven Services to authorized Users, and for securing its Credentials.

4. Modifications to the MTC with respect to the TrackMaven Services
4.1. Limitation on Use of Data and Analyzed Data.It is understood that the Intellectual Property Rights in the Data are owned by their third-party owners, and that the Data, whether provided on a stand-alone basis or as Analyzed Data, is provided solely for your informational purposes, and not for any other use.
4.2. Additional Disclaimer. SKYWORD IS NOT RESPONSIBLE FOR ANY DATA, ANALYZED DATA OR OTHER MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE TRACKMAVEN SERVICES OR THE TRACKMAVEN API, ALL OF WHICH IS OBTAINED AT CUSTOMER’S OWN DISCRETION AND RISK.
4.3. Indemnification. Skyword shall have no liability for any Claim or demand related to or arising from the Data or Analyzed Data. Customer shall defend (at Customer’s expense) Skyword and its employees, officers, and directors (and those of its subsidiaries) harmless against any Claim made or brought against Skyword by a third party arising out of or related to Customer’s use of the TrackMaven Services, Data or the Analyzed Data in violation of the Agreement, and shall indemnify and hold Skyword harmless from all damages awarded by a court of competent jurisdiction or agreed to by Skyword in settlement of a Claim.