Unless otherwise defined in this Service Schedule for Hotjar Services (this “Service Schedule”), capitalized terms will have the meaning given to them in the MSA. This Service Schedule shall be applicable to all Hotjar offerings (also titled ‘Ask’, ‘Observe’ or ‘Engage’) (“Hotjar Services”) licensed to Customer under an Order Form or via an online purchasing portal.

1. ADDITIONAL DEFINITIONS

Solely for the purposes of the Hotjar Services (and no other CS Service), the Parties agree that:

“Confidential Information” will include all information provided directly or indirectly by or on behalf a Disclosing Party to Participants;

“Participant” means any individual participant who has properly registered a tester account with Hotjar or its Affiliates to take part in research relating to the Hotjar Services, as capable and willing research participants; Participants are not Hotjar or Hotjar’s Affiliate employees, agents or representatives; individuals can be referred as Participant either by Customer in accordance with section 2.2.1 below (“Customer Participant”) or by Hotjar;

“Participant Data” means the data relating to a Participant that is processed by Hotjar or Hotjar’s Affiliate in connection with Customer’s use of the Hotjar Services. For the purpose of Hotjar Services, Customer Participant Data is part of Customer Data.

“Response” means an answer left by a Visitor on a survey on the Customer website.

2. ADDITIONAL TERMS

2.1. Additional terms applicable to all Hotjar Services

2.1.1. The details of personal data processing applicable to VoC, including the applicable Retention Period, shall be as set out in SCHEDULE 1.C - VOICE OF CUSTOMER (VOC) DETAILS OF THE PROCESSING of the Contentsquare Data Processing Agreement (DPA).

2.1.2. Customer retains a general right of instruction as to the scope of “Permitted Personal Data” processing, which may be supplemented with individual instructions so long as they comply with Applicable Data Protection Laws. Instructions are deemed to be provided by the Customer by way of selecting the desired product and/or the desired configuration of the product settings or by way of inst

2.2 Additional terms applicable to the ‘Engage’ offering

2.2.1. Participants. ‘Engage’ facilitates user interviews and user tests between Customer and Participants. Customer may refer individuals to be Participants through a unique link generated by Customer in the Hotjar platform in order for Customer to request their participation in Customer research project (“Research Session”). Participants are compensated by Contensquare for taking part in a Research Session with Customer at the end of a Research Session. Customer may only communicate with Participants through the Hotjar Services unless Customer had a pre-existing relationship with the Participant before inviting them to participate in a Research Session. 

2.2.2. Additional warranties and disclaimers. Customer agrees and acknowledges that Participants are neither employees nor agents of Hotjar or its Affiliates, but are independent contractors who use the platform to provide services to Customer by participating in Research Sessions. All information or content provided by Participants through the Hotjar Services is provided “as is''. Hotjar and its Affiliates provide no warranties in relation to such content or information and will have no liability whatsoever to Customer for Customer's use or reliance upon such content or information of Participants nor for the acts or omissions of any Participants. Hotjar and its Affiliates will have no liability to Customer whatsoever for the acts or omissions of Participants, including any use of Customer Confidential Information that Customer makes available to them as a result of this Agreement or otherwise.

2.3. Additional terms applicable to HJ Services licensed via an online purchasing portal

Solely for the purposes of the Hotjar Services purchased via an online purchasing portal, the Parties agree that (i) the provisions of the Service Schedule for Free & Growth Plans shall also apply, with the exception of Section 2.1 (Customer Data, Personal Data, Visitor Data). For the avoidance of doubt, any reference to the “Basic” plan on the online purchasing portal shall be deemed to refer to the “Free Subscription” as defined in the Service Schedule for Free and Growth, and any reference to the “Plus,” “Business,” or “Scale” plans shall be deemed to refer to a “Growth Subscription” under the same.

3. MISCELLANEOUS

Contentsquare may amend the MSA and this Service Schedule, including changing, deleting, or supplementing with additional terms and conditions from time to time in its sole discretion, including to reflect changes in applicable law. Contentsquare will post the revised terms on its website with a “Last Updated” date. Please review the websites on a regular basis to obtain timely notice of any revisions. Customer use of the CS Service following the effective date of any modifications to the MSA or this Service Schedule will be construed as Your acceptance of the modified MSA or Service Schedule.