Order-of-Precedence Note

Our terms are made up of several documents. If they ever appear to conflict, this note says which one applies, so nothing is unclear.

1. The order

Where a conflict appears, the documents apply in this order, highest first:

1. the Terms of Service, which is the binding contract;
2. the Data Processing Addendum pursuant to Article 28 GDPR (the “DPA”), together with the Sub-processor List, for matters of personal data processing;
3. the Acceptable Use Policy and Prohibited & Restricted Businesses;
4. the API Partner Terms, where you access the API;
5. Environments & Test Products, where you use a test or sandbox environment;
6. the Website & Platform Terms of Use;
7. the Complaints Procedure; then
8. any notice or policy referred to in those documents.

1b. Partner terms. A Partner performs the regulated step under its own terms, which exist between you and that Partner. For that step, and only for that step, the Partner’s terms prevail over every document above. Which Partner terms you accept is set out in clause 6 of the Terms of Service.

1a. The one document that outranks the order. Contracting Entity & Governing Law prevails over every document above, including the Terms of Service, on its own subject matter: who you contract with, which law governs, where disputes are heard, and which language version is authoritative. Nothing else may state a different position on those four points.

2. Product-specific terms

Where we publish terms for a specific product or feature, those terms apply for that product only, and only as far as the conflict goes.

3. Language versions

This order applies to the English versions, which are the authoritative texts. The German versions are non-binding translations and do not create a conflict of their own; where a German version differs from the English, the English version applies. The position is set out in full on Contracting Entity & Governing Law.