1.3. Commitment. Mingle Games commits to adhere to the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC ("GDPR") and other applicable laws and regulations pertaining to processing of Personal Information, as well as to process personal data in compliance with good processing practices. All personnel processing personal data are obliged to keep such information strictly confidential.
2. Data collections and Purpose
2.1. Non-personal information. When you install any of our mobile games for the first time, two unique ID numbers are allocated to you, the first number by Mingle Games and the second one by a Platform provider. At this stage we do not know your identity – we know you as a number. When you start playing our mobile games, we commence collecting the following information about you:
a) Consumption Data (Consumption habits relating to your use of Services),
b) Usage Data (Amount of levels completed and the Length of time played, Interactions with other players and other interactions with a game or website),
c) Location Data (City, State, Country),
d) Device Data (Device model/name, OS name/version, Access times, Browser type, Time zone and Language).
These data are processed for the purposes of creating, using, maintaining, customizing and developing the Services, enabling communication in the Services, conducting analytics, creating reports, and receive feedback on the game.
2.2. Personal information. We may allow you to connect the Service to your social media account(s) such as through Facebook, Google+, Apple Game Center, or any other third party service to obtain information about you when you consent to allow your social networking site to make that information available to Mingle Games and, consequently Mingle Games may be able to collect certain information from your social networking profile when your social networking site permits to make that information available. In such case we may collect personal information, such as your user ID, name, surname, e-mail address, and profile picture that are available in your public profile with such third party, and content such as posts, comments, media, and applications. You may be able to control the types of personal data available in the profile of such third party services by adjusting the privacy settings available therein. Once you connect the Service to your social media account(s), you stopped being a number for us, we know your identity. At this stage, you will be asked as to whether or not you agree to our processing your non-personal information (as described in Art. 2.1 hereof). If you agree to processing your non-personal data, please be aware that you may withdraw your consent at any time by sending an email to firstname.lastname@example.org. If you do not agree to processing your non-personal information, we will delete all non-personal information we have collected about you at the time we did not know your identity.
2.3. Cookies and web-beacons. By enabling cookies in your browser, you as a visitor of our website www.mingle-games.com have expressed your consent to our collection of the following data: (IP) address, name, surname, gender, email address, login information, time zone setting, operating system and platform, information about visits including the URL, the search terms, information about what you viewed or searched on our website, page response times, download errors, length of visits to certain pages, page interaction information, (such as scrolling, clicks, and mouse-overs) and the methods used to browse away from the page, activities of users, browsing web pages. The data such collected will enable us to improve your experience on our websites, manage and improve our website, to ensure that content from our websites is presented to you in the most effective manner. The data obtained through cookies is processed until you disable using cookies through your web browser settings. For more information about how to disable using cookies, please see Section 3 hereof.
2.4. Newsletters. If you wish to receive newsletters, you may subscribe to receiving newsletters on our website. Once you have subscribed, we will give you an option to manage your preferences (you can choose about which of our games you want to receive email communication). Except for your email address, you may provide us with your name and surname (this is optional). Once you have subscribed, we will email you a copy of data we process about you for the purpose of emailing you newsletters., i.e. relevant offers and news about our Services. In every email we will provide you with the opportunity to exercise an opt-out choice if you do not want to receive any further marketing communications from us. The opt-out choice may be exercised by clicking on the “unsubscribe” link located at the bottom of our marketing emails.
3. Cookies on www.mingle-games.com
3.1. When you visit our website, you are informed through a cookie banner placed at the bottom of our website that we collect cookies.
3.2. By enabling cookies in your browser, you have expressed your consent to our collection of cookies for the purpose of analyzing your visits to our website. We use the following types of cookies: (i) essential cookies, which are essential for the provision of access to our websites; (ii) functionality cookies, which are crucial for the proper functioning of our websites (if these cookies are disabled, our website may not work properly); (iii) performance cookies, which do not identify you individually (until you enter your identification details in any of our forms) but help us to personalize your content in accordance with your actions on our websites; and (iv) targeting/advertising cookies, which help make advertisements more relevant to visitors of our website.
3.3. If you wish cookies not to be collected, you may restrict, block or delete the cookies at any time by modifying your browser configuration. Although each browser is parameterized differently, cookie configuration is normally located on the "Preferences" or "Tools" menu. If you turn off cookies, the functionality of our website may be limited (in the case of essential cookies, you may not be able to access our website).
3.4. If you wish to prevent new cookies from being installed or if you wish to delete existing cookies, you can find the instructions on the links below. The exact procedure depends on which browser you are using.
a) Internet Explorer
c) Google Chrome
4. Third party website
4.1. Links to other websites. Our website www.mingle-games.com may contain links (which may take the form of hyperlinks, widgets, clickable logos, images or banners) to and from third party websites. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for their policies. We strongly recommend that you read their privacy policies and terms and conditions of use to understand how they collect, use, and share information. We are not responsible for the privacy practices or the content on the websites of third party sites.
4.2. Social plugins. Mingle Games is currently using so-called social plugins from the following social networks: (i) facebook.com, (ii) twitter.com which are indicated by their logos on our website. When you visit our website, your browser establishes a direct connection with the servers on which these plugins run. The content of the plugins is transferred directly by Facebook/Twitter to your browser, which then integrates it into our website. Integration of the plugins causes Facebook/Twitter to receive the information that you have accessed on the corresponding page of Mingle Games website. If you are logged with Facebook/Twitter, it will be able to assign your visit to your account on these social networks. Please note that an exchange of this information already takes place when you visit our website regardless of whether you interact with the plugin or not. If you do not want Facebook/Twitter to gather data about you via our website, you must log out of them before visiting our website. For more information regarding how these social networks process your data in their privacy policies: (i) Facebook: https://www.facebook.com/legal/FB_Work_Privacy b) Twitter: https://twitter.com/en/privacy
5. Data Sharing
5.1. General. We may share your data with other entities. We disclose your data only in the ways and to entities that are described herein.
5.2. Data analytics. We may share your data with the below-mentioned companies which conduct data analytics on our behalf:
Microsoft Azure, Microsoft Ireland Operations Limited, One Microsoft Place, South County Business Park, Leopardstown, Dublin 18, Ireland. ("Microsoft")
We are using a Microsoft Azure platform for conducting analytics; For more information about the Microsoft Azure platform please see: https://privacy.microsoft.com/en-us/privacystatement
Unity Analytics, Unity Technologies GmbH, Ritterstrasse 11, 1. Aufgang, 2. Etage, 10969, Berlin, Germany ("Unity")
We are using a Unity Analytics platform for conducting analytics; For more information about the Unity Analytics platform please see: https://unity3d.com/legal/privacy-policy
Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA, 94043 ("Google")
We are using a Firebase platform from Google for conducting analytics; For more information about the Firebase platform please see: https://firebase.google.com/
Facebook Inc., Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland ("Facebook")
We are using a Facebook Analytics platform for conducting analytics; For more information about the Facebook Analytics platform please see: https://www.facebook.com/full_data_use_policy
5.3. Customer support. We may share your data with the below-mentioned companies which conduct customer support on our behalf:
Zendesk, Inc., 1019 Market St., San Francisco, CA 94103-1612 ("Zendesk")
5.4. Server provider. We use the following server provider that might have an access to your data:
PlayFab, Inc., Microsoft Ireland Operations, Ltd., One Microsoft Place, South County Business Park, Leopardstown, Dublin 18, D18 P521, Ireland ("PlayFab")
5.5. Marketing aggregator. We use the following companies which connect user acquisition with our games:
Appsflyer, 14 Maskit St., Herzliya, Israel, 4673314 ("Appsflyer")
5.6. Fabric platform. We also use the platform Fabric through which we obtain information regarding technical issues in our games:
Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA, 94043 ("Google")
5.7. Ads platform. We may also use the platform AdMob which is used by us to monetize our mobile games app through in-app advertising:
Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA, 94043 ("Google")
For more information about how Google adjusts processes and protects data in connection with the AdMob platform please find more information at: https://developers.google.com/admob/
AppLovin, AppLovin Corporation, 849 High St.,Palo Alto, CA 94301 ("AppLovin")
For more information about how AppLovin adjusts processes and protects data in connection with the AdMob platform please find more information at: https://www.applovin.com/privacy/
ironSource Mobile Ltd., 121 Menachem Begin Rd., Tel Aviv, Israel ("ironSource")
For more information about how ironSource adjusts processes and protects data in connection with the AdMob platform please find more information at: https://developers.ironsrc.com/ironsource-mobile/air/ironsource-mobile-privacy-policy/
Chartboost, Inc., Paleisstraat 1, 5th Floor, 1012 RB Amsterdam, Netherlands ("Chartboost")
For more information about how Chartboost, Inc. adjusts processes and protects data in connection with the AdMob platform please find more information at: https://chartboost.zendesk.com/hc/en-us/articles/200780269-Privacy-Policy?mobile_site=true
AdColony, Inc., AdColony Privacy Office, 11400 W. Olympic Blvd, 12th Floor Los Angeles, CA 90064 ("AdColony")
For more information about how AdColony, Inc. adjusts processes and protects data in connection with the AdMob platform please find more information at:https://www.adcolony.com/privacy-policy/
Vungle, Inc., 1. Vungle Limited, Clover House, 147-149 Farringdon Road, London, England, EC1R 3AB ("Vungle")
For more information about how Vungle, Inc. adjusts processes and protects data in connection with the AdMob platform please find more information at: https://vungle.com/privacy/
Unity Ads, Unity Technologies GmbH, Ritterstrasse 11, 1. Aufgang, 2. Etage, 10969 , Berlin, Germany ("Unity")
For more information about how Unity Ads adjusts processes and protects data in connection with the AdMob platform please find more information at: https://unity3d.com/legal/privacy-policy
InMobi PTE Ltd, 38, Rue Jean Mermoz, 75008 Paris, France ("InMobi")
For more information about how InMobi PTE Ltd adjusts processes and protects data in connection with the AdMob platform please find more information at: https://www.inmobi.com/privacy-policy/
MoPub, Twitter International Company, One Cumberland Place, Fenian Street, Dublin 2, D02 AX07 IRELAND ("MoPub")
For more information about how MoPub adjusts processes and protects data in connection with the AdMob platform please find more information at: https://www.mopub.com/legal/privacy/
Tapjoy, Inc., 111 Sutter Street, 12th Floor, San Francisco, CA 94104 ("Tapjoy")
For more information about how Tapjoy, Inc. adjusts processes and protects data in connection with the AdMob platform please find more information at: https://www.tapjoy.com/legal/
6.1. Mingle Games is committed to store your data securely. Therefore, we have implemented technical and organizational security measures in an effort to safeguard the data in our custody and control. The aim is to eliminate unauthorised or unlawful processing of your data or the accidental, unauthorised or unlawful accessing, use, transferring, processing, copying, transmitting, alteration, loss or damage of your data.
6.2. We protect your data in the following ways:
a) Using cryptography, where necessary;
b) Using password protection, where necessary;
c) Restricting access to personal data (i.e. access to personal data is granted only to those from our employees or contractors for whom the access is indispensable).
7. Your rights
7.1. You have the right to obtain from us confirmation as to whether or not we process your personal data. If you would like to obtain such confirmation, please contact us at email@example.com
7.2. If we process your personal data, you have the right to get a copy of the personal data we hold about you (for more information about this right please check Art. 15 GDPR available at http://eur-lex.europa.eu/legal-content/DE/TXT/?uri=celex:32016R0679
7.3. If you find out that the data we process about you are inaccurate, you have the right to obtain from us without undue delay the rectification of inaccurate personal data concerning you. For more information about the right to rectification, please check Art. 16 GDPR available at http://eur-lex.europa.eu/legal-content/DE/TXT/?uri=celex:32016R0679
8. Contact details
8.1. Contact details. Should you have any questions regarding processing of your data contact us at:
Mingle Games s.r.o.
tel. +420 774 585 647
9. Final provisions
9.1. Minors. If you are under 13, please do not attempt to access or take in use our Services or send any information about yourself to us. Mingle Games shall not knowingly collect data from anyone under the age of 13. If you are a minor in your country of residence, please seek parental consent before using the Services. If you believe that we might have any information from or about a child under the age of 13, please contact us at firstname.lastname@example.org
9.3. Severability. If for any reason, any provision herein is found void or unenforceable, it will be severed to the extent void or unenforceable and the remaining provisions will continue in full force and effect.
2. Platforms and Access to Services
2.1. Account. In order to use some of our Services, a User must register by authorizing us to access their data on their public Facebook profile. A User shall keep its profile updated with current, complete and accurate data. Upon completing all required information and going through all steps of the authorization process as promoted, we will create such User an account for communication with us and use of our Services (“Account”). User shall immediately change registration data within registration in case of data change. Password set for access to the Account (or your Facebook profile) must be a ‘strong’ password, i.e. meeting requirements set out by us and displayed within registration process. Each User must protect his/her username and password for his/her Account against unauthorised use by any third party (e.g., regularly changing passwords, not using predictable usernames and passwords, not sharing password with other persons, or granting access to his/her Account and/or to data to other persons). Each User is solely responsible for any and all activities that occur using his/her Account by himself/herself or any third party. Each User shall notify us in case of any unauthorised use of his/her Account or any other breach of security with respect to such Account.
2.2. Access to Services. We are undertaking any reasonable efforts to maintain our Services accessible at all times. There is, however, no guarantee that our Services or any its contents will always be available uninterrupted. Access to our Services is permitted only on a temporary basis. Our Services or any of its parts may be suspended, withdrawn or discontinued without notice. We will not be liable to any User if, for any reason, our Services are unavailable at any time or for any period. Each User is solely responsible for making all necessary arrangements to allow access to the Services, including payment of any charges imposed by internet services or mobile operator. User is also responsible for ensuring that all persons with access granted to the Services by such User are aware of these Terms and that they comply with them.
3. Use of Services and Conduct
3.1. Use of particular Services. Certain Services may be subject to additional rules, controls or guidelines. Any such rules, controls or guidelines form part of these Terms and each User shall comply with them when using such Services. We may also withdraw or modify any of the Services provided to the Users without liability in case of (i) technical difficulties; (ii) from the reasons of enhancing user experience, or (iii) in case there are legal reasons to do so (such as privacy or other legal objections).
3.2. Multiplayer. In certain modes of games or other Services provided by us, a User will be able to play against an opponent or via a social network. Any opponent selected by us is determined on a random basis. Each User hereby acknowledges and agrees that certain details or data (name and score) may be accessible to other persons who are playing the same multiplayer game. Each User also understands and agrees that his/her name and e-mail address may be available to other persons for the purposes of searching an opponent in multiplayer mode.
3.3. User conduct and content. Each User agrees to comply with all laws and regulations applicable to him/her (especially location-based rules) when accessing our Services. Each User also understands and agrees that any content or communication provided by such User or third person via our Services is the sole responsibility of the particular content/communication originator and not by us. Each User hereby agrees not to transmit, communicate or otherwise make available any contents and/or communication in any other manner via Services which could be held as unlawful in any way whatsoever, including making available any privileged data or information, viruses (or any other code designed to negatively affect functionality of software or hardware), any information which is or may be held unlawful, harmful, harassing, defamatory, libelous, obscene or otherwise objectionable, inciting violence or racial/ethnic hatred, unsolicited business communication or using our Services in a way that is contrary to these Terms or using our Services for any purpose which could be held as contradicting these Terms or rules of any Service provided on the basis hereof.
3.4. Restricted actions. No User shall (without being granted a written permission to do so):
(a) copy, display, modify, adapt, translate, download, reproduce, create derivative works from any (part of) Services;
(b) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of any (part of) software (subject to specifically permitted by applicable laws);
(c) use our Services to harm anyone, create more than one Account to access our Services, or use our Services otherwise in violation of any applicable laws or regulation;
(d) use another person’s data in order to sign up for our Services, or use our Services for other fraudulent or abusive purposes;
(e) not make available any cheats or technological measures designed to control access to, or elements of, our Services, including providing access to any virtual currency and/or virtual goods, whether on a free of charge basis or otherwise;
(f) rent, lease, assign or otherwise transfer rights to (part of) our Services;
(g) remove any proprietary notices or labels being part of any of any Services;
(h) display our Services in such a way that a reasonable person would make a negative, false or misleading idea about us or our Services; or
(i) use, post, transmit or introduce any device, software or routine which may interfere with any operations of Services.
3.5. No monitoring. We do not control any content posted on our Services by other persons and therefore do not guarantee the quality, integrity or accuracy of such content. Under no circumstances we shall be liable for such content. We have a right to remove such content from our Services if we decide in our sole discretion that it results in or from a breach of any part of these terms, or that it may bring our Services into disrepute. We do not actively monitor content that is contributed by people that use our Services.
4. Prices and Payments
4.1. Prices and payments. Generally, each User may play our games or use our other Services free of charge. Please note that any additional charges that may be imposed by mobile or other service operator for using our Services. Some of our Services, especially selected or extra scenarios or items, may also be provided for remuneration. Payment processing is processed via third party as described in the Platforms (“Payment Processor”). The prices are inclusive of taxes; however, the terms of the purchase must be read by a User prior to making any purchase, as Payment Processor may impose additional fees or other additional terms. As long as the payment is processed and confirmed by Payment Processor, we will deliver to the User the purchased Service without any undue delay.
4.2. Payment Instruments. Within registration to Account, each User will be required to select one of the available payment instruments (“Payment Instrument”). Available payment instruments may vary in different countries or territories.
4.3. Changes of pricing. We may change our pricing and payment policy from time to time. These changes are effective upon acceptance of revised payment terms prior to any further use of our paid services.
5. Intellectual Property
5.1. General. We hold all intellectual property rights vested in our Services, including any underlying software, its documentation, names, marks, pictures, logos, graphics, texts, meta-tags or other protected items being part of our Services (“Materials”). For the avoidance of doubts, Materials include also “look and feel” of any of such items. All Materials are protected by copyright or other intellectual right protection and treaties around the world. All such rights are reserved.
5.2. License. Subject to applicable copyright, other intellectual property laws, each User is being granted with non-exclusive, revocable, non-sublicensable and non-transferable licence to use our Services. The license is granted for the sole purpose of using our Service in line with its designated purpose.
5.3. Notice. No User may copy, distribute or make available to public or create derivatives from any content belonging to any other User. If any person believes that his/her intellectual property has been infringed by someone else over the internet via our Services, such person may contact us by e-mailing to the following address email@example.com with subject “IP Notice”:
(a) Description of intellectual property and explanation how it was infringed;
(b) Description of where the infringing material is located;
(c) Contact details of the person making the IP Notice; and
(d) Statement that the information is accurate and have a good faith belief that the use is not authorised.
6. Warranty and Liability
6.1. Liability. WE SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL OR ANY OTHER DAMAGES OR LOST PROFITS, DATA, OPPORTUNITY OR OTHER INTANGIBLE ASSETS, TO THE EXTENT PERMITTED BY APPLICABLE LAWS. THIS EXCLUSION APPLIES ALSO IN CASES WE HAVE BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE. NOTHING IN THESE TERMS SHALL OPERATE TO LIMIT OR EXCLUDE LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY APPLICABLE LAWS. IN ALL CASES AND TO THE EXTENT PERMITTED BY APPLICABLE LAWS, OUR TOTAL LIABILITY FOR ANY DAMAGE AND LOSS CAUSED IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT OF FEES FOR OUR SERVICES PAID BY USER FOR MONTH IN WHICH THE DAMAGE OR LOSS HAVE ARISEN. We are not responsible for (i) losses or harm not caused by our breach of these terms or negligence; or (ii) any increase in loss or damage resulting from breach by a User of any of these terms and conditions; or (iii) technical failures or the lack of availability of Platforms, and/or social media channels where these are not within our reasonable control.
6.2. Warranty. OUR SERVICES ARE PROVIDED ON “AS IS” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT, WE MAKE NO OTHER WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE AND NON-INFRINGEMENT.
6.3. Indemnity. A User shall reimburse us in full for any loss or damage (s)he will cause by breaching these Terms or caused to us as a result of his/her false representation, notwithstanding whether caused by negligence or otherwise. Such User shall also reimburse us for any interruption of our business caused by acts and omissions in connection with use of our Services or via the Account. We reserve the right to charge Payment Instrument of a particular User for any such amounts.
6.4. Force majeure. Neither party is in breach hereof and/or can accept any liability or pay any compensation (other than to refund money paid for Services not yet rendered), if the respective party is unable to perform obligations due to any adverse event, act, or omission beyond reasonable control, including (but not limited to) natural disasters, acts of terrorism, civil unrest, industrial disputes, or failure of utility services.
7. Final Provisions
7.1. Confidentiality. Neither party will use or disclose the other party’s confidential information without the other’s prior written consent except for the purpose of performing its obligations or if required by law, regulation or court order; in which case, the party being compelled to disclose confidential information will give the other party as much notice as is reasonably practicable prior to disclosing the confidential confirmation. For the purposes of these Terms, confidential information shall mean any information or proprietary data disclosed by one party to the other whether orally or in writing that is designated as “confidential” or that should be understood to be confidential given the nature of information and circumstances of disclosure. Confidential information shall not include (i) information known to the general public; (ii) information which becomes known to the general public otherwise than by breaching this provision by the receiving party; or (iii) information independently developed by receiving party without use of confidential information received from the other party. For the avoidance of doubts, our confidential information include (but is not limited to) source code, methods and know-how related to our Services and confidential information include data uploaded via User’s Account.
7.2. Notices. Any and all communication in connection with these Terms shall be made via User’s Account. Any notice shall be deemed to be delivered to us by submitting it via User’s Account and delivered after signing in to User’s Account (or in case of not signing in within three business days, at the end of third business day after sending a notice to User’s Account).
7.3. Breach. In case we have learned or have a reasonable belief that a User has breached these Terms or any of his/her representation will show to be faulty and/or misleading, we have right to immediately suspend or terminate particular User’s Account at any time and without notice.
7.4. Termination and Assignment. Both Parties may terminate these Terms at any time via delivering a termination notice via particular User’s Account or via canceling User’s Account. User may not assign the agreement or any of the rights or obligations stipulated herein to any third party. We may assign this agreement to any affiliated person or entity.
7.5. Survivability. Rights and obligations arising out of this Agreement cease to exist along with termination hereof, except for Liability, Indemnification, Confidentiality, Eligibility, Severability and Entire Agreement.
7.6. Severability. If any of the terms of this Agreement turns out to be null, void or unenforceable, other provisions shall remain valid and enforceable. The relevant provisions shall be removed and/or amended by the parties in order to best reflect intentions when entering into hereof. The relevant provisions shall be interpreted in a manner consistent with applicable law to reflect as nearly as possible our original intentions.
7.7. Entire Agreement. This Agreement supersedes all prior agreements, whether oral or written.
7.9. Reporting on a potential breach of law. In any person knows or has a reasonable belief we or any third party using our Services is in breach of law or of any of our Terms, please report us of any such situation at firstname.lastname@example.org.
7.10. Waivers. Our failure to exercise or enforce any of our rights under these terms does not waive our right to enforce such right if not executed in writing and signed by us.
7.11. Applicable law. These Terms are to be construed and interpreted in accordance with Czech law.
7.12. Changes of terms. These Terms may be updated or changed from time to time and shall be fully effective after their publication on via any of the Platforms (which will be declared via the “Changes Effective” date at the top of Terms). In case any person uses our Services after publication of the changes, such person is indicating that (s)he agrees to be bound by the modified Terms.