Below we have listed important legal terms that apply to anyone who visits our website or uses our services. These terms are necessary in order to protect both you and us, and to make our servicespossible and more enjoyable for everyone. Wix offers a wide range of services and features and part of the terms below may not be relevant to the specific services you use.

We understand that legal terms can be exhausting to read, and weve tried to make the experience more pleasant. If you have any suggestions on how we can improve them, you are more than welcome to contact us at support@wix.com.

Our services offer our users the ability to easily createbeautiful and highly functional online presence, to manage and promote businesses, content and ideas, and have an overall great experience doing so without being tech-savvy or a design guru.As detailed below, we offer our users numerous tools and features for creating, publishing and use of stunning websites, online e-commerce platforms, newsletters, galleries, media players, mobile apps and other online and mobile online and mobile applications, tools and services. Theonline and mobile websites and platforms created by Users are collectively referred to herein as (User Platform(s)).

These Wix.com Terms of Use (Terms of Use), together with such additional terms which specifically apply to some of our services and features as presented on the Wix.com website(s) (Wix Website, and collectively the Wix Terms), all set forth the entire terms and conditions applicable to each visitor or user (User our you) of the Wix Website, the Wix mobile application (the Wix App) and/or any other services, applications and features offered by us with respect thereto, except where we explicitly state otherwise (all services offered through the Wix Website orthe Wix App, collectively the Wix Services or Services).

The Wix Terms constitute a binding and enforceable legal contract between Wix.com Ltd. and its affiliated companies and subsidiaries worldwide (Wix, us or we) and you in relation to the use of any Wix Services - so please read them carefully.

You may visit and/or use the Wix Services and/or the Wix App only if you fully agree to the Wix Terms - and by using and/or registering to any of the Wix Services, you signify and affirm your informed consent to these Terms of Use and any other Wix Terms applicable to your use of any Wix Services. If you do not read, fully understand and agree to the Wix Terms, you must immediately leave the Wix Website and avoid or discontinue all use of the Wix Services.

If anyone other than yourself accesses your User Account and/or any of your User Platforms settings, they may perform any actions available to you (unless as specifically stated otherwise on the Wix Services), make changes to your User Platform(s) and User Account, and accept any legal terms available therein, make various representations and warranties and more and all such activities will be deemed to have occurred on your behalf and in your name.

Therefore, we strongly encourage you to keep the log-in credentials of your User Account confidential, and allow such access only to people you trust - as you will be solely and fully responsible for all activities that occur under your User Account and/or User Platforms (including for any representations, warranties and undertakings made therein), whether or not specifically authorized by you, and for any damages, expenses or losses that may result from such activities.

You must provide accurate and complete information when registering your User Account and using the Wix Services, to which you are the sole and exclusive rights holder. We strongly encourage you to provide your own (or your companys) contact and billing details, including your valid e-mail address, as we may use it to identify and determine the actual and true owner of the User Account and/or User Content (as defined below) submitted to us.

In case of a dispute on User Account ownership, we reserve the right to determine ownership to a User Account based on our reasonable judgment, whether or not an independent investigation has been conducted by us. However, if we cannot make such determination (as we may deem in our sole discretion), we reserve the right to avoid doing so and/or suspend a User Account until the parties disputing such ownership, reach a resolution, without liability to you or to any other party. We may request documentation (e.g. government-issued ID, a business license) that may assist us in determining ownership. Among others, we may consider the principles set forth below.

In addition, you must own all rights in any content you upload or publish or that we access, import and/or upload for you via our services, ensure that such content is legal and reliable, and that anything you do with it (or enable Wix or your end users to do with it) is legal.

You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your User Account and/or any Services provided to you with or without further notice to you, and without any refund of amounts paid on account of any such Services.

Among others, you may not copy our materials, use any content in an illegal or harmful manner, use our services or content on any platform or website not provided by us, make any misrepresentations or abuse our Services, or otherwise violate anyones rights or any applicable laws.

As between Wix and you, you shall own all intellectual property pertaining to your User Content and to any other materials created by you, including to any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, code, interfaces, text and literary works. Wix does not claim ownership rights on your content. For the sole purpose of granting you the service, You know and agree that we will need to access, upload and/or copy your User Content to our platform, including cloud services and CDNs, to make display adjustments, to duplicate for backup and perform any other technical actions and/or uses required to perform our services, as we deem fit.

All rights, title and interest in and to the Wix Services, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law (including any artwork, graphics, images, website templates and widgets, literary work, source and object code, computer code (including html), applications, audio, music, video and other media, designs, animations, interfaces, documentation, derivatives and versions thereof, the look and feel of the Wix Services, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered (collectively, Intellectual Property), and any derivations thereof, are owned by and/or licensed to Wix.

Subject to your full compliance with the Wix Terms and timely payment of all applicable Fees, Wix hereby grants you, upon creating your User Account and for as long as Wix wishes to provide you with the Wix Services, a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to use the Wix Services and Licensed Content, for the purpose of generating and displaying your User Platform to End Users and offering your User Products (as defined below) therein, solely as expressly permitted under the Wix Terms, and solely within the Wix Services.

The Wix Terms do not convey any right or interest in or to Wixs Intellectual Property (or any part thereof), except only for the limited license expressly granted above. Nothing in the Wix Terms constitutes an assignment or waiver of Wixs Intellectual Property rights under any law.

In addition to the above, certain fonts made available to you within the Wix Services, are licensed to Wix by a third party provider, and are therefore subject to additional license terms of such provider, which are summarized and available for your review at https://www.wix.com/about/mono-terms-of-use.

If you provide us with any suggestions, comments or other feedback relating to the Wix Services (whether existing, suggested or contemplated), which is or may be subject to any Intellectual Property rights (Feedback), such Feedback shall be exclusively owned by Wix. By providing such Feedback to Wix, you acknowledge and agree that it may be used by Wix in order to: (i) further develop, customize and improve of the Wix Services, (ii) provide ongoing assistance and technical support, (iii) contact you with general or personalized Wix -related notices and/or interview requests based on your feedback or otherwise, (iv) facilitate, sponsor and offer certain promotions, and monitor performance, (v) to create aggregated statistical data and other aggregated and/or inferred information, which Wix may use to provide and improve its services, (vi) to enhance Wix data security and fraud prevention capabilities, and (vii) to comply with any applicable laws and regulations. In addition, you (1) represent and warrant that such Feedback is accurate, complete, and does not infringe on any third party rights; (2) irrevocably assign to Wix any right, title and interest you may have in such Feedback and (3) explicitly and irrevocably waive any and all claims relating to any past, present or future moral rights, artists rights, or any other similar rights worldwide in or to such Feedback.

Certain parts of the Wix Services (including certain Third Party Services available therein, as further explained in Section 8 below) require or involve the submission, collection and/or use of certain personally identifying or identifiable information. In particular and as a part of accessing or using the Wix Services, Wix and such Third Party Services may collect, access and use certain data pertaining to Users and End Users, including the activities or navigation undertaken by Users and End Users through the Wix Services and/or User Platforms. We encourage you to read our Privacy Policy and each such Third Party Services relevant policies on a regular basis, for a description of such data collection and use practices.

The use of certain Wix Services may be subject to payment of particular fees, as determined by Wix in its sole discretion (Paid Services and Fee(s), respectively). Wix will provide notice of such Fees then in effect in relation to such Paid Services. If you wish to receive or use such Paid Services, you are required to pay all applicable Fees in advance.

Wix reserves the right to change its Fees at any time, upon notice to you if such change may affect your existing subscriptions. If you received a discount or other promotional offer, Wix shall have the right to automatically and without notice renew your subscription to such Wix Service(s) at the full applicable Fee.

All Fees shall be deemed to be in U.S. Dollars, except as specifically stated otherwise in writing by Wix. To the extent permitted by law (and unless specified otherwise by Wix in writing), all Fees are exclusive of all taxes (including value added tax, sales tax, goods and services tax, etc.), levies or duties imposed by taxing authorities (Taxes), and you shall be responsible for payment of all applicable Taxes relating to your use of the Wix Services, or to any payments or purchases made by you. If Wixis obligated to collect or pay Taxes for the Fees payable by you, and whether or not such Taxes were added and collected from you for previous transactions, such Taxes may be added to the payment of any outstanding Fees and will be reflected in the Invoice for such transaction.We recommend that you verify the existence of any additional fees you may be charged by third parties in connection with the purchase of Paid Services or in connection with the renewal thereof (such as international transaction fees, currency exchange fees or fees due to banks or credit card companies). Wix is not responsible for any such additional fees or costs.

As part of registering or submitting information to receive Paid Services, you also authorize Wix (either directly or through its affiliates, subsidiaries or other third parties) to request and collect payment and service fees (or otherwise charge, refund or take any other billing actions) from our payment provider or your designated banking account, and to make any inquiries Wix or its affiliates may consider necessary to validate your designated payment account or financial information, in order to ensure prompt payment, including for the purpose of receiving updated payment details from your payment, credit card or banking account provider (e.g., updated expiry date or card number as may be provided to us by your credit card company).

Wix and/or its affiliated companies will issue an invoice or credit memo for any payment of Fees or refund made to or by Wix (Invoice). Each Invoice will be issued in electronic form and based on the country stated in your billing address, and will be made available to you via your User Account and/or by e-mail. For the purpose of issuing the Invoice, you may be required to furnish certain Personal Information (as such term is defined in the Privacy Policy) in order to comply with local laws. Please note that the Invoice presented in your User Account may be inadequate with your local law requirements, and in such case may be used for pro forma purposes only.

In order to ensure that you do not experience any interruption or loss of services, certain Paid Services include an automatic renewal option by default, according to which, unless you turn-off the auto-renewal option, such Paid Services will automatically renew upon the end of the applicable subscription period, for a renewal period equal in time to the original subscription period (excluding extended periods) and, unless otherwise notified to you, at the same price (subject to applicable Taxes changes and excluding any discount or other promotional offer provided for the first period) (Renewing Paid Services). For example, if the original subscription period for a Service is one month, each of its renewal periods (where applicable) will be for one month. Accordingly, where applicable, Wix will attempt to automatically charge you the applicable Fees using theStored Card, within up-to two (2) weeks before such renewal period commences. In the event of failure to collect the Fees owed by you, we may in our sole discretion (but shall not be obligated to) retry to collect on a later time, and/or suspend or cancel your User Account, without further notice. If your Renewing Paid Service is subject to a yearly or multiple-year subscription period, Wix will endeavor to provide youanotice prior to the renewal of such Paid Service at least thirty (30) days in advance of the renewal date.

Certain domains are subject to a different renewal policy as detailed in the Domains Registration Agreement. Notwithstanding anything to the contrary in the foregoing, you are and shall be solely responsible to verify and ensure the successful renewal of the Wix Services you use (whether or not such Wix Services are subject to automatic subscription renewals). Accordingly, you shall be solely responsible with respect to any discontinuation of any Wix Services previously purchased by you, including due to a cancellation, failure to charge the applicable recurring Fees, or due to any Wix Services not being subject to automatic subscription renewals. You acknowledge and agree that you shall not have any claims against Wix in relation to the discontinuation of any Wix Services or Third Party Services, for whatever reason.

interruptions with your website at the end of your subscription period, well automatically renew our service and bill you accordingly, in regular intervals as your initial subscription, unless youturn-off auto-renewal.

If you are not satisfied with Wix Services that are subject to a Fee for a period of service or subscription commitment and which is your initial purchase of such service, you may provide notice of cancellation for any reason within fourteen (14) days of having first ordered or activated such Wix Services (the Refund and Refund Period). The Refund is applicable only to the initial purchase of Wix services which is an upgrading of a free website by purchasing a Premium Plan (as offered on the Wix Website). The Refund is not applicable to any additional purchases, upgrades, modification or renewals of Wix Services. If you reside in a jurisdiction which requires a longer Refund Period, we will of course be happy to accommodate such requirements in accordance with all applicable laws. If Wix receives such notice within such Refund Period, Wix will refund to you the amount Wix charged you for such Wix Services, in currency you were originally charged in, and cancel them accordingly. Please note that the Refund amount may be different than the amount you were charged due to currency changes and third party fees. Wix will not be responsible for any differences caused by change of currency exchange rates or fees you were charged by third parties. After the Refund Period, the Fees paid by you are non-refundable and non-cancellable. In addition, if we find that a notice of cancellation has been given in bad faith or in an illegitimate attempt to avoid payment for services actually received and enjoyed, we reserve our right to still charge the User who provided such notice for any Wix Services actually received, as permitted by law.

Please note: Certain services purchased on or through the Wix Services may be non-refundable. These include Third Party Services such as domains, business tools and applications. The terms of each purchased service or application are indicated on the Wix Website and/or as part of or during the process of purchasing such services or applications. It is your obligation to verify your ability to cancel a service prior to purchasing it. Wix will not refund any amounts paid for non-refundable Paid Services, applications or Third Party Services.

If, at any time, we record adecline,chargebackor other rejection of achargeof any payableFees on your Wix account(Chargeback), this will be considered as a breach of your payment obligations hereunder, and youruseof the Wix Services may be automatically disabled orterminated.

In the event a Chargeback is performed, your User Account may be blocked without the option tore-purchase or re-use it,and any data contained in such User Account, including any domains, applications and Third Party Services may besubject to cancellation and Capacity Loss (as defined in Section 6.3 below).

Youruseof the Wix Services will not resume until you re-subscribe for any such Wix Services, and pay any applicable Fees in full, including any fees and expenses incurred by Wix and/or any Third Party Services for eachChargebackreceived (including Fees for Wix Services provided prior to the Chargeback, handling and processingchargesandfeesincurred by thepaymentprocessor).

If you have any questions or concerns regarding a payment made to Wix, we encourage you to first contact our Customer Support team before filing a Chargeback or reversal of payment, in order to prevent the Wix Services from being cancelled and your User Account being blocked, and to avoid the filing of an unwarranted or erroneous Chargeback, which may result in your being liable for its applicable Fees, in addition to re-payment of all the Fees applicable to the Wix Services purchased (and charged-back) by you.

We reserve our right to dispute any Chargeback received, including by providing the relevant credit card company or financial institution with any information and documentation proving that the User responsible for such Chargeback did in fact authorize the transaction and make use of the services rendered thereafter.

You may discontinue to use and request to cancel your User Account and/or any Wix Services at any time, in accordance with the instructions available on the Wix Services. The effective date and time for such cancellation shall be the date and time on which you have completed the cancellation process on the Wix Services, and the effective date for cancellation of Paid Services shall be at the end of such Paid Services subscription period.

Notwithstanding anything to the contrary in the foregoing, with respect to subscriptions to Renewing Paid Services, such subscription will be discontinued only upon the expiration of the respective period for which you have already made payment. Please note that as the cancellation process may take a few days, in order to avoid the next automatic renewal and respective charge the cancellation request should be made at least fourteen (14) days prior to the expiration of the then-current service period.

Failure to comply with any of the Wix Terms and/or to pay any due Fee shall entitle Wix to suspend (until full payment is made) or cancel your User Account and User Platform (or certain features thereof), as well as the provision of any related Wix Services (e.g., Paid Services) or Third Party Services to you.

If your User Account or any Wix Services or Third Party Services related to your User Account are cancelled (whether at your request or at Wixs discretion), it may cause or result in the loss of certain content, features, or capacity of your User Account, including any User Content, End User data or other usage data retained therein, and including any domain name reservation or registration that was included in such Services (Capacity Loss). Wix shall not be liable in any way for such Capacity Loss, or for saving a backup of your User Account, User Content or End User data. Please also note that additional Fees may apply to re-activation of a User Account and/or any Wix Services following their cancellation, as determined by Wix in its sole discretion.

You are solely responsible for your User Products and E-Commerce related activities, and any promotions and related Content contained or referred to in your User Platform, and compliance with any laws applicable thereto. We are merely providing the platform for you to manage your online E-Commerce activities. We are not involved in your relationship and/or any transaction with any actual or potential buyer of your User Products.

Wix may automatically connect you to Wix Payments to allow you to accept payments from your customers. You are responsible for all your sales activities, including your relationships with customers and any payment service providers.

Depending on your location, upon purchasing certain Premium Plans (as offered on the Wix Website), Wix may automatically connect a Wix Payments account on your name to allow you to accept payments from your customers. Any payout from such account is subject to your completion of the Wix Payments registration process. Such Wix Payments account shall be governed by the Wix Payments Terms of Use, which are hereby incorporated by reference. Please read these terms of use prior to publishing your site and accepting payments. Any account connected to other Payment Providers shall be governed by such Payment Providers terms of service. We are neither a party to nor are responsible in any way for your relationship with any such Payment Providers, or for the actions of any of these Payment Providers. You acknowledge and agree that Wix Payments (if available in your country) will be your default payment provider. If you do not wish to keep either Wix Payments or any other Payment Provider active, it is your responsibility to deactivate them.

Depending on your plan, Wix may charge you service fees for event tickets sold through your site. You hereby agree to pay such fees, as required by Wix, and authorize Wix to instruct its payment processing partners or your Payment Provider, as applicable, to deduct such fees from your relevant transactions, or to otherwise collect such fees.

Subject to territorial restrictions, you may accept payments with Apple Pay. By using Apple Pay, you accept and agree to theApple Pay Platform Web Merchant Terms and Conditions, as they may be amended by Apple from time to time. We may activate your Apple Pay account on your behalf, otherwise you will be required to activate your Apple Pay account through your User Account dashboard. If you do not wish to keep your Apple Pay account active, it is your responsibility to deactivate it. For the avoidance of doubt, Apple Pay is a Third Party Service, as defined in Section 9 below.

In addition to the aforesaid in Section 13 of these Terms of Use and without any limitation of liability, you shall fully indemnify, defend and hold Wix its officers, directors, shareholders, employees, affiliates and agents, harmless from any and all damages and costs, obligations, losses, liabilities debt and expenses (including attorneys fees), as accrued, that arise out of or are related to infringement and/or misuse of the patent pool under the MPEG-LA consortium.

The Wix Services enable you to engage and procure certain third party services, products and tools for enhancing your User Platform and your overall user experience, including, without limitation, domain registrars from which you may purchase a domain name for your User Website, third party applications and widgets offered via the Wix Website (including the Wix App Market), third party Licensed Content, media distribution services, E-Commerce Payment Providers, sellers of tangible products, third party designers who may assist you with your User Platform, etc. (collectively, Third Party Services).

You acknowledge and agree that regardless of the manner in which such Third Party Services may be offered to you (bundled or integrated within certain Wix Services, offered separately by Wix or persons certified or authorized by Wix, or otherwise offered anywhere on the Wix Services), Wix merely acts as an intermediary platform between you and such Third Party Services, and does not in any way endorse any such Third Party Services, or shall be in any way responsible or liable with respect thereto. Wix will not be a party to, or in any way be responsible for monitoring, any interaction or transaction between you and any Third party Services.

Any and all use of such Third Party Services shall be done solely at your own risk and responsibility, and may be subject to such legal and financial terms which govern such Third Party Services, which you are encouraged to review before engaging with them.

If you use third parties' services, software or goods while using our Services, you declare that you act in compliance with their terms of use. For example, if you use YouTube while using the Services, you must comply with the applicable YouTube terms and its privacy policy as in the effective version as of the date of use of such services.

While we hope to avoid such instances, Wix may, at any time and at its sole discretion, suspend, disable access to or remove from your User Account, User Platform(s) and/or the Wix Services, any Third Party Services whether or not incorporated with or made part of your User Account and/or User Platform(s) at such time without any liability to you or to any End Users.

As part of the Wix Services, we enable you to enhance your brand by creating your own customized business logo(the Wix Logo) using our Wix Logo Maker. The additional terms available athttps://www.wix.com/about/logo-terms-of-use apply to your use of Wix Logo Maker, and are in addition to, and not in replacement of, the Wix Terms, unless explicitly stated otherwise.

When using the Wix Services, you may be exposed to User Platforms, User Content or Third Party Services from a variety of sources, which may be inaccurate, offensive, objectionable or illegal. You hereby waive any legal or equitable rights or remedies you have or may have against Wix with respect thereto.

If you believe a User or any Third Party Services acted inappropriately or otherwise misused any of the Wix Services, please immediately report such User and/or Third Party Service to us viathis form.You agree that your report shall not impose any responsibility or liability upon Wix, and that Wix may consider such report and act upon it, refrain from taking any such action or require additional information or documents before doing so, at its sole discretion.

Wix acts in accordance with its interpretation of the Digital Millennium Copyright Act (DMCA). If you believe that your work has been copied or was otherwise used in a way that constitutes copyright infringement, you may notify us of such infringement via this form, or otherwise provide the following information in writing to our designated Copyright Agent: (1) the contact details of the person authorized to act on behalf of the owner of the copyright; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit Wix to locate the material (including URL address); (4) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (5) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.

In the event that Wix receives notice regarding a copyright infringement related to your User Platform or User Website, it may cancel your User Account, take your User Platform down or remove any Content in its sole discretion, with or without prior notice to you. In such case, you may file a proper counter-notice in accordance with Section 512 of the DMCA, in which you must include: (1) your full name, address, phone number and physical or electronic signature; (2) identification of the material and its location before removal; (3) a statement under penalty of perjury that the material was removed by mistake or misidentification; (4) your consent to an appropriate judicial body; and (5) any other information required under the relevant provisions of the DMCA. Any notices filed pursuant to this Section 9 may be deemed accepted, applicable and compliant with the DMCA, or not, at Wixs sole reasonable discretion. Wix reserves the right to notify the person or entity providing the infringement notice of such counter-notice and provide any details included therein.

We provide the Wix Services on an As Is, with all faults and As Available basis, without any warranties of any kind, including any implied warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, non-infringement, or any other warranty all to the fullest extent permitted by law. We specifically do not represent or warrant that the Wix Services (or any part, feature or Content thereof) are complete, accurate, of any certain quality, reliable or secure in any way, suitable for or compatible with any of your (or your End Users) contemplated activities, devices, operating systems, browsers, software or tools (or that they will remain as such at any time), or comply with any laws applicable to you or your End Users (including in any jurisdiction in which you operate), or that their operation will be free of any viruses, bugs or other harmful components or program limitations. Moreover, we do not endorse any entity, product or service (including any Third Party Services) mentioned on or made available via the Wix Services so please be sure to verify those before using or otherwise engaging them.

Wix may, at its sole discretion (however it shall have no obligation to do so), screen, monitor and/or edit any User Platform and/or User Content, at any time and for any reason, with or without notice.

Notwithstanding anything to the contrary in the foregoing, in no circumstances may Wix be considered as a publisher of any User Content, does not in any way endorse any User Content, and assumes no liability for any User Content uploaded, posted, published and/or made available by any User or any other party on and/or through the Wix Services, for any use by any party, or for any loss, deletion or damage thereto or thereof or any loss, damage, cost or expense that you or others may suffer or incur as a result of or in connection with publishing, accessing and/or relying on any User Content. Furthermore, Wix shall not be liable for any mistakes, defamation, libel, falsehoods, obscenity, pornography, incitement and/or any other unlawful and/or infringing User Content you or any other party may encounter.

You acknowledge that there are risks in using the Wix Services and/or connecting and/or dealing with any Third Party Services through or in connection with Wix Services, and that Wix cannot and does not guarantee any specific outcomes from such use and/or interactions, and you hereby assume all such risks, liabilities and/or harm of any kind arising in connection with and/or resulting from such interactions. Such risks may include, among others, misrepresentation of information about and/or by Third Party Services and/or Licensed Content, breach of warranty and/or contract, violation of rights, and any consequent claims.

Please note that certain Wix Services are currently offered in their BETA version, and undergoing BETA testing. You understand and agree that certain Wix Services may still contain software bugs, suffer disruptions and not operate as intended or designated. Your use of the Wix Services at this BETA stage signifies your agreement to participate in such Wix Services BETA testing.

To the fullest extent permitted by law in each applicable jurisdiction, Wix, its officers, directors, shareholders, employees, affiliates and/or agents shall not be liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including any damages resulting from (1) errors, mistakes, or inaccuracies of or in any content; (2) any personal injury or property damage related to your use of the Wix Services; (3) any unauthorized access to or use of our servers and/or any personal information and/or other information stored therein; (4) any interruption or cessation of transmission to or from the Wix Services; (5) the use or display of any Content or User Content posted, emailed, transmitted, or otherwise made available via the Wix Services;(6) events beyond the reasonable control of Wix, including any internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties;and/or (7) loss of use, data, profits, goodwill, or other intangible losses, resulting from the use or the inability to use any or all of Wix Services.

You acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for Wixs services to you, and such limitations will apply even if Wix has been advised of the possibility of such liabilities.

You agree to defend, indemnify and hold harmless Wix, its officers, directors, shareholders, employees, affiliates and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including attorneys fees) arising from: (1) your violation of any term of these Terms of Use or any other Wix Terms; (2) your violation of any third party right, including any copyright, access rights, property, or privacy right, resulting from your User Platform or User Content and/or your use of the Wix Services, including, without limitation, Wix Services actions for your benefit; and/or (3) any other type of claim that your User Platform and/or User Content caused damage to a third party.

Wix reserves the right to change, suspend or terminate any of the Wix Services (or any features thereof, or prices applicable thereto), and/or cancel your access to any of the Wix Services (including removal of any materials created by you in connection with the Wix Services) for any reason and/or change any of the Wix Terms with or without prior notice - at any time and in any manner.

If any such changes involve the payment of additional Fees, we will provide you with a notice of such Fees prior to enabling such specific changes. If you fail or refuse to pay such Fees, we may (at our sole discretion) cancel your User Account (as further explained in Section 6 above), continue to support your then-current Wix Services without enabling such changes, or provide you with alternative Services.

The Wix Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the Wix Services, their interpretation, or the breach, termination or validity thereof, the relationships which result from or pursuant to the Wix Terms, or any related transaction or purchase, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of the State of Israel, without respect to its conflict of laws principles.

Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by, a court of competent jurisdiction located in Tel Aviv, Israel. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.

Subject to any applicable law, all disputes between you and Wix shall only be resolved on an individual basis and you shall not have the right to bring any claim against Wix as a plaintiff or a member of a class, consolidated or representative actions (or any other legal proceedings conducted by a group or by representatives on behalf of others).

Notwithstanding anything to the contrary in this Section 15.2, if you are located in the United States of America, (i) the legal jurisdiction governing all aspects of the payment transaction contemplated by Section5 between you and Wix will be the State of New York, without respect to its conflict of laws principles, and (ii) any and all claims and disputes related to such payment transaction contemplated by Section 5 shall be brought in, and you hereby consent to them being decided exclusively by, a court of competent jurisdiction located in New York, New York.

We may provide you with notices in any of the following methods: (1) via the Wix Services, including by a banner or pop-up within the Wix Website, User Account or elsewhere; (2) by e-mail, sent to the e-mail address you provided us; and/or (3) through any other means, including any phone number or physical address you provided us. Wixs notice to you will be deemed received and effective within twenty four (24) hours after it was published or sent through any of the foregoing methods, unless otherwise indicated in the notice.

The Wix Terms, and your use of the Wix Services, do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between Wix and you.

These Terms of Use, together with the Wix Terms and any other legal or fee notices provided to you by Wix, shall constitute the entire agreement between you and Wix concerning the subject matter hereof or thereof, and supersede any and all prior or contemporaneous agreements, understandings, promises, conditions, negotiations, covenants or representations, whether written or oral, between Wix and you, including those made by or between any of our respective representatives, with respect to any of the Wix Services. You further agree that you are not relying upon any promise, inducement, representation, statement, disclosure or duty of disclosure of Wix in entering into any of the Wix Terms.

Wix may assign its rights and/or obligations hereunder and/or transfer ownership rights and title in the Wix Services and/or Licensed Content to a third party without your consent or prior notice to you. You may not assign or transfer any of your rights and obligations hereunder without the prior written consent of Wix. Any attempted or actual assignment thereof without Wixs prior explicit and written consent will be null and void. In any event, an assignment or transfer pursuant to this Section 15.6 shall not in itself grant either Wix or you the right to cancel any Wix Services or Third Party Services then in effect.

If any provision of the Wix Terms is deemed by a court of competent jurisdiction to be invalid, unlawful, void, or for any reason unenforceable, then such provision shall be deemed severable and will not affect the validity and enforceability of the remaining provisions. No Waiver of any breach or default of any of the Wix Terms shall be deemed to be a waiver of any preceding or subsequent breach or default.

Any heading, caption or section title contained herein, and any explanation or summary under the right #ItsThatEasy column, is provided only for convenience, and in no way defines or explains any section or provision hereof, or legally binds any of us in any way.

These Terms of Use were written in English, and translated into other languages for your convenience. You may access and view other language versions by changing your Wix Website language settings. If a translated (non-English) version of these Terms of Use conflicts in any way with their English version, the provisions of the English version shall prevail.

The Fonts are the intellectual property of Monotype, its affiliates and licensors (the 'Monotype Group'). You acknowledge that the Monotype Group is the owner of the Fonts, including their organization, structure, code and related files and that the Fonts are protected by copyrights and design laws of numerous nations (including the United States). All rights in and to the Fonts including unpublished rights, are reserved under the copyright laws of the United States and other jurisdictions.

- Publish web pages on your User Platform, which use the Font(s), as supplied to you by Wix.com through its Wix Website, to make available the web pages of your User Platform on End-Users Output Devices.

These Terms and Conditions set forth the rights and obligations of Apple and You as they relate to Your use of the Apple Pay Platform to facilitate transactions from or through Your Websites. These Terms and Conditions may be modified by Apple from time to time, and Your continued use of the Apple Pay Web APIs and Apple Pay Platform will be deemed acceptance of such updated Terms and Conditions.

In order to use the Apple Pay Web APIs and Apple Pay Platform, You must first accept these Terms and Conditions. If You do not or cannot accept these Terms and Conditions, You are not permitted to use the Apple Pay Web APIs or Apple Pay Platform. Do not download or use the Apple Pay Web APIs or Apple Pay Platform in that case. You accept and agree to the terms of these Terms and Conditions on Your own behalf and/or on behalf of Your company, organization, educational institution, or agency, instrumentality, as its authorized legal representative, by using, or continuing to use, the Apple Pay Web APIs or Apple Pay Platform.

Affiliates mean any other corporation, partnership, limited liability company, joint venture, association, trust, unincorporated organization or other business entity that controls, is controlled by, or is under common control with an entity, where control means that the entity possesses, directly or indirectly, the power to direct or cause the direction of the management policies of the other entity, whether through ownership of voting securities, an interest in registered capital, by contract, or otherwise.

Apple Marketing Guidelines mean the guidelines set forth athttp://www.apple.com/legal/trademark/guidelinesfor3rdparties.html(or any successor URL), the Apple Pay Identity Guidelines for iOS Developers available athttps://developer.apple.com/apple-pay/Apple-Pay-Identity-Guidelines.pdf(or any successor URL), the Apple Pay Merchant Marketing Guide as provided to You by Apple, plus any additional marketing and use guidelines provided by Apple in writing (including all amendments to any of the foregoing as may be furnished from time to time by Apple to You).

Apple Marks mean all trademarks, service marks, trade dress, logos, taglines, slogans, product names, any other similar intellectual property, registered or unregistered, directly or indirectly owned by or licensed to Apple anywhere in the world that are identified onExhibit Aattached hereto.

Apple Metrics mean any metrics (in any format or context) regarding the usage, performance, or transaction-level information relating to the Apple Pay Platform (including without limitation the number and dollar value of transactions completed from or through Websites).

Apple Pay HI Guidelines mean the Apple Pay on the Web Human Interface Guidelines set forth athttps://developer.apple.com/apple-pay/web-human-interface-guidelines/(or any successor URL), as the same may be updated from time to time.

Apple Pay Payload means a customer data package passed through the Apple Pay Platform and Apple Pay Web APIs as part of a payment transaction (e.g., name, email, billing address, shipping address, and device account number).

Apple Pay Platform means the payment platform that utilizes Apple Technology to enable end-users to make payments using credit, debit, and prepaid cards and other physical, digital or virtual payment cards, credentials, or account access devices and access other related services using Apple Products designated by Apple or its Affiliates, as the same may be modified, rebranded or substituted from time to time by Apple.

Apple Pay Web APIs mean the application programming interface(s) published by Apple (including any updates to or subsequent versions thereof) that enable end-users to facilitate payment transactions using the Apple Pay Platform from a Website, and include other payment-related functionality as described in the Documentation.

Apple Pay Web Guidelines mean the Apple Pay on the Web: Acceptable Use Guidelines set forth athttps://developer.apple.com/go/?id='apple-pay-guidelines'>(or any successor URL), as the same may be updated from time to time.

Apple Technology means (a) the Apple Pay Web APIs, Apple Pay Platform, and any Updates that Apple may make available to You under these Terms and Conditions; or (b) any other Technology (and all Intellectual Property therein or thereto) that Apple or its Affiliates owned, conceived, reduced to practice, authored, or otherwise created or developed prior or subsequent to the Effective Date of these Terms and Conditions.

Applicable Laws mean all laws (including common law), legal or administrative codes, statutes, ordinances, regulations, judgments, writs, injunctions, rulings or orders, decrees and orders of any Governmental Authority.

Comparable Platform means any software that enables the use of personal electronic devices to make contactless, mobile or online transactions (including transactions involving or accessing loyalty, rewards and stored value features).

Governmental Authority means any domestic or foreign, federal state or local government, any political subdivision thereof and any entity exercising executive, legislative, judicial, regulatory, or administrative functions of or pertaining to government, regardless of form, including any agency, bureau, court, tribunal, or other instrumentality, having jurisdiction over the applicable party and its respective Affiliates.

Merchant Marks mean all trademarks, service marks, trade dress, logos, taglines, slogans, product names, any other similar intellectual property, registered or unregistered, directly or indirectly owned by or licensed to You and Your Affiliates anywhere in the world.

Personal Data means any personally identifiable information, including without limitation any personal financial information, relating to or derived from Your use of the Apple Pay Platform and/or the Apple Pay Web APIs.

Platform Provider means any e-commerce or payments platform provider (a) engaged by You or Your Affiliates to facilitate acceptance of payment transactions from or through Your Websites pursuant to a separate written agreement between You and such provider (the Provider Agreement); and (b) has an active and valid Apple developer account with Apple.

Public Software means any software that, as a condition of use, copying, modification or redistribution, (a) requires attribution, (b) requires such software and derivative works thereof to be disclosed or distributed in source code form, or (c) requires such software to be licensed for the purpose of making derivative works, or to be redistributed free of charge, commonly referred to as free or open source software, including but not limited to software licensed under the GNU General Public License, Lesser/Library GPL, Mozilla Public License, Common Public License, Common Development and Distribution License, Apache, MIT or BSD license.

Security Breach means any actual or suspected loss or unauthorized access, use, or disclosure of Personal Data in the possession, custody or control of You, Your Affiliates, or Your Platform Providers in connection with Your Websites.

Technology means any information, designs, drawings, specifications, schematics, software programs (including source and object codes), manuals and other documentation, data, databases, technical or business processes, methods of operation, or methods of production.

Unauthorized Transaction means any transaction (including without limitation any donation) initiated by a Person who is not authorized to make a transaction from or through a Website, including without limitation, any fraudulent transaction.

Website means an e-commerce website developed by or on behalf of You, under Your name, trademark or brand, that runs in Safari on macOS and integrates with the Apple Pay Platform using the Apple Pay Web APIs.

You and Your means and refers to the individual(s) or legal entity that has accepted these Terms and Conditions pursuant to Section 1.1 above and that is using the Apple Pay Web APIs and the Apple Pay Platform or otherwise exercising rights under these Terms and Conditions.

Subject to the terms and conditions set forth in these Terms and Conditions, Apple shall make the Apple Pay Web APIs available to You to the extent required for You to facilitate payment transactions using the Apple Pay Platform from or through Your Websites (the Program).

Apple retains all rights, title, and interest in and to the Apple Technology. You agree to cooperate with Apple to maintain Apples ownership of the Apple Technology, and, to the extent that You or Your Affiliates become aware of any claims relating to the Apple Technology, You agree to use reasonable efforts to promptly provide notice of any such claims to Apple. The parties acknowledge that these Terms and Conditions do not give Apple any ownership interest in Your Websites.

Subject to the terms and conditions of these Terms and Conditions, Apple hereby grants to You during the Term, a limited, non-exclusive, personal, revocable, non-sublicensable and non-transferable license to use and incorporate the Apple Pay Web APIs into Your Websites solely for the purpose of facilitating Apple Pay Platform transactions that are made from or through Your Websites.

(a) Except as expressly permitted in these Terms and Conditions, or otherwise agreed upon with Apple in writing, You and Your Affiliates may not, and may not enable others to, (i) rent, lease, lend, upload to or host on any website or server, sell, redistribute, or sublicense the Apple Pay Web APIs or Apple Pay Platform, in whole or in part; (ii) copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, decrypt, or create derivative works of the Apple Pay Web APIs or Apple Pay Platform, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by Applicable Law or to the extent as may be permitted by licensing terms governing use of open-sourced components or sample code included with the Apple Pay Web APIs); or (iii) use any Apple Pay Web APIs or the Apple Pay Platform for any purpose not expressly permitted under these Terms and Conditions;

(b) You agree not to exploit the Apple Pay Web APIs or Apple Pay Platform, or any part thereof, in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity, or by harvesting or misusing data provided by such Apple Pay Web APIs or the Apple Pay Platform;

(c) You agree to retain and reproduce in full the Apple copyright, disclaimers and other proprietary notices (as they appear in the Apple Pay Web APIs and Documentation provided) in all copies of the Apple Pay Web APIs and Documentation that You are permitted to make under these Terms and Conditions;

(e) Except during good faith production testing for purposes consistent with these Terms and Conditions, You agree not to use the CanMakePaymentWithActiveCard API, except for the sole purpose of (i) displaying the Apple Pay button upstream; (ii) presenting the Apple Pay Platform as a default payment option or as a payment option in checkout when no other mobile payment options are available on the Websites; or (iii) enabling users to set up the Apple Pay Platform. In addition, on any webpage where a Comparable Platform is offered and only with respect to countries where You accept payments on the Apple Pay Platform, You agree to call the CanMakePayment API, and if a user has a device capable of supporting the Apple Pay Platform, then You agree to also offer the Apple Pay Platform as a payment option on the same webpage of such Websites;

(i) If You are a nonprofit, Your Websites may collect donations for nonprofits only after You have received written approval from Apple. Any collection of such donations through Your Websites must be in compliance with all Applicable Laws (which may include providing a receipt), and must fulfill all applicable regulation or registration requirements, in the country or territory where You enable such donation to be made.

(ii) If You are not a nonprofit and are collecting donations on behalf of third party nonprofits, You are responsible for ensuring that (1) each such third party nonprofit has obtained written approval from Apple; (2) any amounts collected on behalf of a third party nonprofit is separately itemized on the Apple Pay payment sheet during checkout from Your Website; (3) within a reasonable timeframe, all such donations are passed on in full, minus any applicable payment processing fees that You clearly and conspicuously disclose to users on the checkout page of Your Websites, to the third party nonprofits on behalf of whom such donations are collected; and (4) Your Website communicates to users whether a donation is tax-deductible and whether a donor acknowledgment receipt or letter will be made available. You must immediately cease use of the Apple Pay Web APIs to collect donations on behalf of any third party nonprofit for which the foregoing conditions fail to be satisfied.

(iii) If You are not a nonprofit and enable personal fundraising on Your Websites, You are responsible for ensuring that (1) each cause or campaign for which money is being raised (each, a Fundraising Campaign) is registered with Apple through Your Platform Provider; (2) each Fundraising Campaign strictly complies with the Apple Pay Web Guidelines; (3) the direct beneficiary associated with each Fundraising Campaign is sufficiently related to the Fundraising Campaign and is not a nonprofit; and (4) Your Website provides a clear refund policy under which donors are entitled to a full refund in the case of fraud, misrepresentation or misuse of donations. You must immediately cease use of the Apple Pay Web APIs to collect donations for any Fundraising Campaign for which the foregoing conditions fail to be satisfied.

(i) not contain any malware, malicious or harmful code, or other internal component (e.g. computer viruses, trojan horses, backdoors), which could damage, destroy, or adversely affect Apple hardware, software or services, or other third party software, firmware, hardware, data, systems, services, or networks;

(iii) not disable, override or otherwise interfere with any Apple-implemented system alerts, warnings, display panels, consent panels and the like, including, but not limited to, those that are intended to notify the user that the users location data, address book data, calendar, photos, audio data, and/or reminders are being collected, transmitted, maintained, processed or used, or intended to obtain consent for such use.

(h) If any Website includes any Public Software, You agree to comply with all licensing terms applicable to such Public Software. You agree not to use, or authorize the use of, any Public Software in the development of the Websites in such a way that would cause the non-Public Software portions of the Apple Pay Web APIs or Apple Pay Platform to be subject to any Public Software licensing terms or obligations.

(i) All information provided by You to Apple or Your end-users in connection with these Terms and Conditions or Your Websites, will be current, true, accurate, supportable and complete and, with regard to information You provide to Apple, You will promptly notify Apple of any changes to such information. Further, You agree that Apple may share such information (including email address and mailing address) with third parties who have a need to know for purposes related thereto (e.g., intellectual property questions, customer service inquiries, etc.).

(j) To the extent that You access or receive an Apple Pay Payload, You agree to use the Apple Pay Payload solely to process the end-user payment transaction and for other uses that You disclose to the end-user, and only in accordance with Applicable Law.

(k) If Apple makes available new versions of the Apple Pay Web APIs for any reason, including without limitation to address a security breach or security vulnerability regarding Personal Data, update the customer experience, or provide additional features or functionality, then You agree to update all of Your Websites to incorporate such new version within a reasonable time period.

(l) To the best of Your knowledge and belief, Your Websites do not and will not violate, misappropriate, or infringe any Apple or third party copyrights, trademarks, rights of privacy and publicity, trade secrets, patents, or other proprietary or legal rights (e.g., musical composition or performance rights, video rights, photography or image rights, logo rights, third party data rights, etc. for content and materials that may be included in Your Websites).

(m) You agree not to disadvantage or discriminate against Apple relative to other Comparable Platforms with respect to the display and availability the Apple Pay Platform from or through the Websites. For the avoidance of doubt, except during good faith production testing for purposes consistent with these Terms and Conditions and only with respect to countries where You accept payments on the Apple Pay Platform, the Apple Pay button must be displayed as a payment option on Your Websites on parity with any other Comparable Platform. In addition, You will not process or decline transactions, establish transaction, authentication, or other limits applicable to Websites, or implement, suspend, or discontinue Websites in a manner that discriminates against transactions on the basis of their participation in the Program.

If You or Your Affiliates breach any of the foregoing restrictions, You may be subject to prosecution and damages. All licenses not expressly granted in these Terms and Conditions are reserved and no other licenses, immunity or rights, express or implied are granted by Apple, by implication, estoppel, or otherwise.

(a) You and Your Affiliates shall access the Apple Pay Platform only through the Apple Pay Web APIs and only for use on Apple Products in accordance with the Documentation. You may not use the Apple Pay Platform in any manner that is inconsistent with the terms of these Terms and Conditions. Except as permitted herein, You shall not, and shall not enable others to, share access to the Apple Pay Web APIs for the use of the Apple Pay Platform with any third party. Further, You agree not to create or attempt to create a substitute or similar service through use of or access to the Apple Pay Web APIs or Apple Pay Platform.

(b) You shall not charge any fees to end-users solely for access to or use of the Apple Pay Platform from or through the Websites or for any content, data or information provided therein, and You shall not sell access to the Apple Pay Platform in any way. You shall not fraudulently create any end-user accounts or induce any end-user to violate the terms of their applicable end-user terms or service agreement with Apple. Except as expressly set forth herein, You shall not interfere with an end-users ability to access or use the Apple Pay Platform.

(c) The Apple Pay Platform may not be available in all languages or in all countries, and Apple makes no representation that the Apple Pay Platform would be appropriate, accurate or available for use in any particular location or product.

(a) Apple may extend, enhance, or otherwise modify the Apple Pay Web APIs or Apple Pay Platform (or any part thereof), including removing any feature or functionality thereof, at any time without notice, but Apple shall not be obligated to provide You or Your Affiliates with any Updates to the Apple Pay Web APIs or Apple Pay Platform. You acknowledge that Apple has no express or implied obligation to announce or make available any Updates to the Apple Pay Web APIs or Apple Pay Platform to anyone in the future. If Updates are made available by Apple, the terms of these Terms and Conditions will govern such Updates, unless the Update is accompanied by a separate license in which case the terms of that license will govern. You understand that such Updates may require You to change or update Your Websites at Your own expense. Further, You acknowledge and agree that such Updates may affect Your or Your Affiliates ability to use, access, or interact with the Apple Pay Web APIs and Apple Pay Platform.

(b) Apple is not obligated to provide any maintenance, technical or other support for the Apple Pay Web APIs or Apple Pay Platform. Apple makes no guarantees to You in relation to the availability or uptime of the Apple Pay Web APIs or Apple Pay Platform, and Apple is not obligated to provide any maintenance, technical or other support related thereto.

(c) Apple does not guarantee the availability, accuracy, completeness, reliability, or timeliness of any data or information displayed in connection with the Apple Pay Platform. To the extent You choose to use the Apple Pay Platform with Your Websites, You are responsible for Your reliance on any such data or information. It is Your responsibility to maintain appropriate alternate backup of all content, information and data, including but not limited to any content that You may provide to Apple in connection with the Apple Pay Web APIs or Apple Pay Platform.

Unless otherwise prohibited by Apple, You may employ or retain a Platform Provider to assist You in using and incorporating the Apple Pay Web APIs into Websites pursuant to these Terms and Conditions, provided that any such Platform Providers use of the Apple Pay Web APIs or any materials associated therewith, including Personal Data, is done solely on Your behalf and for Your purposes, and only in accordance with a separate written agreement between Apple and such Platform Provider. In the event of any actions or inactions by the Platform Provider that would constitute a violation of these Terms and Conditions or otherwise cause any harm, Apple reserves the right to require You to cease using such Platform Provider. In connection with Your use of a Platform Provider, You authorize such Platform Provider to (a) provide to Apple and its Affiliates certain reports that may contain data related to Your participation in the Program; and (b) disclose to Apple and its Affiliates information related to You and Your Websites in connection with these Terms and Conditions or the Program, including without limitation information about Your Websites and metadata (such disclosures referred to herein as Merchant Disclosures). You grant Apple and its Affiliates the right and license to use any information described in (a) and (b) above for purposes of Apple (i) performing its obligations and exercising its rights under these Terms and Conditions, and (ii) improving the Apple Pay Platform or Program. You agree that Apples use of such Merchant Disclosures will not be subject to any confidentiality obligations. Except as otherwise expressly set forth herein, Apple will be free to use and disclose any Merchant Disclosures on an unrestricted basis without notifying or compensating You. In connection with Apples exercise of any rights to suspend or terminate Your participation in the Program, You acknowledge and agree that Apple may request Your Platform Provider to suspend or terminate the Provider Agreement with respect to the provision of services in connection with the Program.

You agree that Apple Metrics and any and all information related to the Apple Pay Platform that is obtained, generated or created by or on behalf of Apple will be deemed Apple Confidential Information. Notwithstanding the foregoing, Apple Confidential Information will not include: (i) information that is generally and legitimately available to the public through no fault or breach of Yours, (ii) information that is generally made available to the public by Apple, (iii) information that is independently developed by You without the use of any Apple Confidential Information, or (iv) information that was rightfully obtained from a third party who had the right to transfer or disclose it to You without limitation.

You agree to protect Apple Confidential Information using at least the same degree of care that You use to protect Your own confidential information of similar importance, but no less than a reasonable degree of care. You agree to use Apple Confidential Information solely for the purpose of exercising Your rights and performing Your obligations under these Terms and Conditions and agree not to use Apple Confidential Information for any other purpose, for Your own or any third partys benefit, without Apples prior written consent. You further agree not to disclose or disseminate Apple Confidential Information to anyone other than: (i) those of Your employees and contractors, who have a need to know and who are bound by a written agreement that prohibits unauthorized use or disclosure of the Apple Confidential Information; or (ii) except as otherwise agreed or permitted in writing by Apple. You may disclose Apple Confidential Information to the extent required by Applicable Law, provided that You take reasonable steps to notify Apple of such requirement before disclosing the Apple Confidential Information and to obtain protective treatment of the Apple Confidential Information. You acknowledge that damages for improper disclosure of Apple Confidential Information may be irreparable; therefore, Apple is entitled to seek equitable relief, including injunction and preliminary injunction, in addition to all other remedies.

You shall not disclose Apple Metrics without Apples prior written consent, including disclosures of metrics that do not specifically reference the Apple Pay Platform but enable recipients to reasonably infer Apple Confidential Information from such metrics. Notwithstanding the foregoing, You may disclose overall mobile payments or other metrics that incorporate Apple Metrics where such Apple Metrics are not segregated or identified and cannot easily be discerned or inferred from the metrics shared by You.

You and Your Affiliates shall (a) provide clear and complete information to users regarding Your or Your Affiliates collection, use and disclosure of user data (including, at a minimum, a link to Your privacy policy from Your Websites); (b) take appropriate steps to protect Personal Data from unauthorized access, use or disclosure; and (c) comply with all Applicable Laws regarding privacy and data collection with respect to any collection, use or disclosure of Personal Data. If a user ceases to consent or affirmatively revokes consent for Your or Your Affiliates collection, use or disclosure of his or her user data, You and Your Affiliates must promptly cease all such use. Furthermore, You shall implement administrative, technical, and physical safeguards designed to protect against reasonably anticipated threats or hazards to the security, integrity, or confidentiality of Personal Data. You shall encrypt all Personal Data in accordance with industry standards for secure key and protocol negotiation and key management prior to transmission. Upon discovering a Security Breach, You will (i) promptly notify Apple thereof, (ii) investigate, remediate, and mitigate the effects of the Security Breach, and (iii) provide Apple with assurances reasonably satisfactory to Apple that such Security Breach will not recur. Additionally, if and to the extent any Security Breach or other unauthorized access, use, or disclosure of Personal Data occurs as a result of an act or omission of You, Your Affiliates, Your service providers, or Your Platform Providers, You will, at Your cost and expense, upon Apples request, provide notices and/or undertake other related remedial measures (including notice, credit monitoring services, fraud insurance and the establishment of a call center to respond to customer inquiries) are reasonably warranted or required by law. In the event of legal proceedings, including but not limited to regulatory investigations or litigation, following or resulting from a Security Breach, You will provide Apple with reasonable assistance and support in responding to such proceedings.

Subject to these Terms and Conditions, Apple grants to You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferrable, worldwide, royalty free, license to use the Apple Marks solely in accordance with the Apple Marketing Guidelines and solely for the purpose of facilitating Apple Pay Platform transactions from or through Your Websites. You shall not use the Apple Marks in such a way as to suggest that Apple endorses or approves of Your Websites, or any products or services offered on Your Websites. All other rights in and regarding the Apple Marks, whether express or implied, are expressly reserved to Apple. In addition,

(a) You agree that the character and quality of all services offered on Your Websites in association with the Apple Marks shall comply with the Apple Marketing Guidelines, and that You will conduct Your business and operations associated with the Apple Marks in full compliance with all Applicable Laws and shall do nothing to bring disrepute to or in any manner impair or damage the Apple Marks or the goodwill associated therewith; and

(b) Apple reserves the right to review from time to time any and all Websites, and all other web pages, marketing and promotional materials, or other materials prepared or offered by You bearing the Apple Marks. In the event Apple reasonably determines that any use of the Apple Marks does not materially abide by the Apple Marketing Guidelines or is in violation of Applicable Laws, You agree that You will make the reasonable changes or revisions requested by Apple as soon as practicable.

Subject to these Terms and Conditions, You grant Apple and its Affiliates (and their agents and contractors acting on their behalf), during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, worldwide, royalty-free, license to use, reproduce, and display the Merchant Marks as follows:

(b) in the marketing, advertising and promotion of the availability of the Apple Pay Platform in any medium, including the right to use screen shots of Your Websites and images of the Merchant Marks as they may be used in the Apple Pay Platform, including but not limited to use in instructional materials, training materials, marketing materials, and standard advertising in any medium; and

Apple retains its right, title and interest in the Apple Marks, and all associated goodwill. All goodwill arising from use of the Apple Marks by You or Your Affiliates will inure to the benefit of Apple. You and Your Affiliates will not adopt, use, or register any corporate name, trade name, trademark, domain name, service mark or trademark that includes or incorporates any Apple Marks or any term confusingly similar to an Apple Mark. You retain Your right, title and interest in the Merchant Marks, and all associated goodwill. All goodwill arising from use of the Merchant Marks by Apple and its Affiliates will inure to the benefit of You. Apple and its Affiliates will not adopt, use, or register any corporate name, trade name, trademark, domain name, service mark or trademark that includes or incorporates any Merchant Marks or any term confusingly similar to a Merchant Mark.

These Terms and Conditions shall commence on the Effective Date and shall terminate on the one (1) year anniversary of the Effective Date (the Initial Term), unless terminated earlier in accordance with Section 8.2. Thereafter, these Terms and Conditions shall extend for an additional one (1) year term(s) (each, an Extension Term) under the same terms and conditions set forth herein, unless either party notifies the other party of its intent not to renew at least sixty (60) days prior to the expiration of the Initial Term or any Extension Term. Notwithstanding the foregoing, these Terms and Conditions shall immediately and automatically terminate in the event of any expiration or termination of the Provider Agreement.

Prior to the end of the Term, these Terms and Conditions and all rights and licenses granted by Apple hereunder and any services provided hereunder will terminate, effective immediately upon notice from Apple:

(a) if You or Your Affiliates fail to comply with any term of these Terms and Conditions other than those set forth below in this Section 8.2 and fail to cure such breach within thirty (30) days after becoming aware of or receiving notice of such breach;

(f) if You engage, or encourage others to engage, in any misleading, fraudulent, improper, unlawful or dishonest act relating to these Terms and Conditions, including, but not limited to, misrepresenting Your Websites (e.g., engaging in payment fraud, etc.).

In addition, either party may terminate these Terms and Conditions for its convenience, for any reason or no reason, effective thirty (30) days after providing the other party with written notice of its intent to terminate.

Except as expressly permitted by Apple, upon termination or expiration of these Terms and Conditions, You will immediately (a) cease all use of the Apple Pay Web APIs and Apple Pay Platform and erase and destroy all copies, full or partial, of the Apple Pay Web APIs in Your or Your Affiliates possession or control; and (b) cease all use of the Apple Marks in connection with the Program.

All terms and provisions of these Terms and Conditions, including any and all attachments, exhibits, addendums, schedules and amendments hereto, which by their nature are intended to survive any termination or expiration of these Terms and Conditions, shall so survive, including the provisions of Sections 1, 3.1, 5, 7.3, 8.3, 8.4, 9, 10, 11 and 12 hereof. Apple will not be liable for compensation, indemnity, or damages of any sort as a result of terminating these Terms and Conditions in accordance with its terms, and termination of these Terms and Conditions will be without prejudice to any other right or remedy Apple may have, now or in the future.

To the extent permitted by Applicable Law, You agree to defend, indemnify, and hold Apple, its directors, officers, employees, independent contractors and agents (each an Apple Indemnified Party) harmless from any and all claims, losses, liabilities, damages, taxes, expenses and costs, including without limitation, attorneys fees and court costs (collectively, Losses), incurred by an Apple Indemnified Party and arising from or related to any of the following: (a) You or Your Affiliates activities under these Terms and Conditions, including but not limited to any Unauthorized Transactions, end-user claims regarding Your Websites, goods or services offered through Your Websites, and donations collected in connection with Your Websites, (b) a Security Breach, (c) any claims that Your Websites or any content or images on Your Websites (whether alone or as an essential part of a combination) violate or infringe any third party intellectual property or proprietary rights; or (d) Apples permitted use of the Merchant Marks and other materials that You or Your Affiliates provide to Apple or its Affiliates under these Terms and Conditions; provided that Apple promptly notifies You of any such claim or proceeding in writing, tenders to You the right to defend or settle such claim or proceeding at its expense, and cooperates with You in defending or settling any such claim or proceeding. For the avoidance of doubt, You may not enter into any settlement or like agreement with a third party that affects Apples rights or binds Apple in any way, without the prior written consent of Apple.

You or, if applicable, Your Platform Provider shall be solely responsible for verifying the validity of transactions completed using the Apple Pay Web APIs prior to the delivery of any goods or services to an end-user. Apple will not be liable for You or, if applicable, Your Platform Providers failure to verify the validity of such transactions.

You acknowledge that Apple has no responsibility to check that the Apple Pay Platform or the Program allow it to evidence that transactions made on the Apple Pay Platform from or through Your Websites have been duly authorized. Apple shall not be liable in any event for any Unauthorized Transactions made by end-users from or through Your Websites.

The Apple Pay Web APIs or Apple Pay Platform may contain inaccuracies or errors that could cause failures or loss of data and it may be incomplete. Apple and its licensors reserve the right to change, suspend, remove, or disable access to the Apple Pay Web APIs or Apple Pay Platform (or any part thereof) at any time without notice. In no event will Apple or its licensors be liable for the removal of or disabling of access to any Apple Pay Web APIs or the Apple Pay Platform. Apple or its licensors may also impose limits on the use of or access to certain Apple Pay Web APIs or the Apple Pay Platform, or may remove the Apple Pay Web APIs or Apple Pay Platform (or any part thereof) for indefinite time periods or cancel the Apple Pay Web APIs or Apple Pay Platform (or any part thereof) at any time and in any case and without notice or liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APPLE PAY WEB APIS AND APPLE PAY PLATFORM IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. THE APPLE PAY WEB APIS AND APPLE PAY PLATFORM ARE PROVIDED AS IS AND AS AVAILABLE, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND APPLE, APPLES AGENTS AND APPLES LICENSORS (COLLECTIVELY REFERRED TO AS APPLE FOR THE PURPOSES OF SECTIONS 11.3 AND 11.4) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLE PAY WEB APIS AND APPLE PAY PLATFORM, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TIMELINESS, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. APPLE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLE PAY WEB APIS OR APPLE PAY PLATFORM, THAT THE APPLE PAY WEB APIS OR APPLE PAY PLATFORM WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLE PAY WEB APIS OR APPLE PAY PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS OR ERRORS IN THE APPLE PAY WEB APIS OR APPLE PAY PLATFORM WILL BE CORRECTED, OR THAT THE APPLE PAY WEB APIS OR APPLE PAY PLATFORM WILL BE COMPATIBLE WITH FUTURE APPLE PRODUCTS, SERVICES OR SOFTWARE OR ANY THIRD PARTY SOFTWARE, APPLICATIONS, OR SERVICES, OR THAT ANY INFORMATION STORED OR TRANSMITTED THROUGH ANY APPLE PAY WEB APIS OR THE APPLE PAY PLATFORM WILL NOT BE LOST, CORRUPTED OR DAMAGED. YOU ACKNOWLEDGE THAT THE APPLE PAY WEB APIS AND APPLE PAY PLATFORM ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE ERRORS, DELAYS, FAILURES OR INACCURACIES IN THE TRANSMISSION OR STORAGE OF DATA OR INFORMATION BY OR THROUGH THE APPLE PAY WEB APIS AND APPLE PAY PLATFORM COULD LEAD TO DEATH, PERSONAL INJURY, OR FINANCIAL, PHYSICAL, PROPERTY OR ENVIRONMENTAL DAMAGE, INCLUDING WITHOUT LIMITATION THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLE OR AN APPLE AUTHORIZED REPRESENTATIVE WILL CREATE A WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS. SHOULD THE APPLE PAY WEB APIS OR THE APPLE PAY PLATFORM PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

In order to test, provide and improve Apples products and services, and only if You choose to use the Apple Pay Web APIs to access the Apple Pay Platform, You acknowledge that Apple and its subsidiaries and agents may be collecting, using, storing, transmitting, processing and analyzing (collectively, Collecting) diagnostic, technical, usage and related information from the Apple Pay Platform. Some of this information will be Collected in a form that does not personally identify You. However, in some cases, Apple may need to Collect information that would personally identify You, but only if Apple has a good faith belief that such Collection is reasonably necessary to: (a) provide the Apple Pay Platform; (b) comply with legal process or request; (c) verify compliance with the terms of these Terms and Conditions; (d) prevent fraud, including investigating any potential technical issues or violations; or (e) protect the rights, property, security or safety of Apple, its developers, customers or the public as required or permitted by law. By accessing or using the Apple Pay Platform, You acknowledge and agree that Apple and its subsidiaries and agents have Your permission to Collect any and all such information and use it as set forth in this Section. Further, You agree that Apple may share the diagnostic, technical, and usage logs and information (excluding personally identifiable information) with partners and third-party developers for purposes of allowing them to improve their products and services that operate on or in connection with Apple-branded products. Data collected pursuant to this Section 12.1 will be treated in accordance with Apples Privacy Policy which can be viewed athttp://www.apple.com/legal/privacy, and which is incorporated by reference into these Terms and Conditions.

Nothing in these Terms and Conditions will impair Apples right to develop, acquire, license, market, promote, or distribute products or technologies that perform the same or similar functions as, or otherwise compete with Your Websites or any other products, services or technologies that You may develop, produce, market, or distribute. These Terms and Conditions will not be construed as creating any other agency relationship, or a partnership, joint venture, fiduciary duty, or any other form of legal association between You and Apple, and You will not represent to the contrary, whether expressly, by implication, appearance or otherwise. These Terms and Conditions are not for the benefit of any third parties.

These Terms and Conditions may not be assigned, nor may any of Your obligations under these Terms and Conditions be delegated, in whole or in part, by You by operation of law, merger, or any other means without Apples express prior written consent and any attempted assignment without such consent will be null and void.

If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of these Terms and Conditions shall continue in full force and effect to the maximum extent permitted by law.

Failure by Apple to enforce any provision of these Terms and Conditions shall not be deemed a waiver of future enforcement of that or any other provision. Any laws or regulations that provide that the language of a contract will be construed against the drafter will not apply to these Terms and Conditions. Section headings are for convenience only and are not to be considered in construing or interpreting these Terms and Conditions.

You may not use, export, re-export, import, sell or transfer the Apple Pay Web APIs except as authorized by United States law, the laws of the jurisdiction in which You obtained the Apple Pay Web APIs, and any other Applicable Laws. In particular, but without limitation, the Apple Pay Web APIs may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Departments list of Specially Designated Nationals or the U.S. Department of Commerces Denied Persons List or Entity List or any other restricted party lists. By using the Apple Pay Web APIs, You represent and warrant that You are not located in any such country or on any such list. You also agree that You will not use the Apple Pay Web APIs for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missile, chemical or biological weapons.

These Terms and Conditions, and any non-contractual obligations and the relationships between the parties arising out of or in connection with these Terms and Conditions, shall be governed by, construed, and take effect in accordance with the laws of the State of California law without regard to its choice of law principles. Any action or proceeding between the parties relating to these Terms and Conditions shall take place in County of Santa Clara in the State of California; both parties hereby waive any objection to personal jurisdiction or venue in any forum located in County of Santa Clara in the State of California. These Terms and Conditions shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

These Terms and Conditions constitute the entire agreement between the parties with respect to the Program and Your use of the Apple Pay Web APIs, and supersedes any prior or inconsistent agreements, negotiations, representations and promises, written or oral with respect to the subject matter hereof. Neither party has made any representations or promises to the other in connection with these Terms and Conditions or its subject matter that are not expressly set forth in these Terms and Conditions.

Icons, fonts, colors and other design elements offered to you through Wix Logo Maker (collectively the Logo Elements) are provided on a non-exclusive basis to all users of the Wix Services. We therefore cannot guarantee that your Wix Logo will not be significantly similar, or even identical, to Wix Logos of other users.

You shall abide by all copyright and trademark laws, notices and rules and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sub-license, rent, lend, assign, gift, sell or otherwise transfer or distribute for any purposes whatsoever any portion of the Logo Elements in any way that violates any third party right or any applicable law, rule or regulation. We therefore highly recommend that you perform due diligence to determine whether use of your Wix Logo is free of any adverse claims and is not subject to any third party rights.

THE WIX LOGO MAKER SERVICES AND LOGO ELEMENTS ARE FURNISHED AS IS, WHERE IS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TRADEMARK COMPLIANCE, LEGALITY, DECENCY, OR THE ABILITY TO REGISTER OR USE ANY WIX LOGO AS A TRADEMARK IN ANY JURISDICTION.

Wix shall not be liable or responsible in any way for any direct, indirect, incidental, consequential, punitive, or exemplary damage, loss, or injury of any kind or nature incurred as a result of: (i) your use of any Logo Elements; or (ii) the content you provide as a part of your Wix Logo, including the accuracy and appropriateness of all data and content you submit during your use of Wix Logo Maker, including your business name, tagline and other details.

You may or may not be able to register or use your Wix Logo as a trademark, and we recommend that you consult with an attorney regarding the availability of your Wix Logo for use and/or registration. You will not challenge the validity, legality, use, or registration as a trademark of any similar or identical logo that may be created and/or used by any other Wix Logo user using any of the Logo Elements for any goods or services (including competitive services), and you consent to the registration and use of such logos by other Wix Logo Users.

You shall not use any Logo Element incorporated into your Wix Logo independently; you shall only use your Wix Logo as a whole and as downloaded by you upon purchase and subject to full payment of the fee.

You shall not use the Wix Logo Maker to create a Wix Logo that is pornographic, sexually explicit, violent, or reasonably likely to cause harm, that is offensive, harassing, bullying, slanderous or libelous, or that is otherwise created or used for any illegal purpose.

You undertake and agree to allow Wix to use in perpetuity, worldwide and free of charge, any version of yourLogo Element (or any part thereof)todisplay for referential purposes within theWix Logo Maker platformas wellas for any of Wixs marketingand promotional activities, online and/or offline, and modify it as reasonably required for such purposes, and you waive any claims against Wix or anyone on its behalf relating to such limited permitted uses.

Notwithstanding anything to the contrary in our general Terms of Use, fees paid for a Wix Logo are non-refundable. If you have reason to believe that you were mistakenly charged, please provide a written notice to Customer care within 7 days of purchase and request to cancel your Wix Logo fee. We will assess your eligibility for a refund at our sole discretion, provided however that your request for a refund was received up to 7 days from purchase, and, that you have not downloaded your Wix Logo.