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8.1. Security and Other Risks. Customer acknowledges that, notwithstanding security features of the Subscription Service, no product, hardware, software or service can provide a completely secure mechanism of electronic transmission or communication and that there are persons and entities, including enterprises, governments and quasi -governmental actors, as well as technologies, that may attempt to breach any electronic security measure. Subject only to its limited warranty obligations set forth in Section 6, Accela will have no liability for any security breach caused by any such persons, entities, or technologies. Customer further acknowledges that the Subscription Service is not guaranteed to operate without interruptions, failures, or errors. If Customer or Authorized Users use the Subscription Service in any application or environment where failure could cause personal injury, loss of life, or other substantial harm, Customer assumes any associated risks and will indemnify Accela and hold it harmless against those risks. 9. SECURITY AND PERSONAL DATA 9.1. Security. Accela has implemented commercially viable and reasonable information security processes, policies and technology safeguards to protect the confidentiality and integrity of Customer Data, personal data protect against reasonably anticipated threats. Accela holds SSAE 16 /18 SOC 2, and PCI -DSS certifications and leverages certified service providers who are vetted against industry standards such as ISO 27001 and SSAE 16 / 18 SOC 2 in the provision of the service. 9.2. Customer Data. Customer shall be responsible for Customer Data as entered in to, applied or used in the Subscription Services. Customer is responsible for updating all Customer Data. In addition, Customer acknowledges that Accela generally does not have access to and cannot retrieve lost Customer Data. If Customer loses Customer Data, Customer may no longer have access to the Subscription Service. Customer grants to Accela the non-exclusive right to process Customer Data (including personal data) for the sole purpose of and only to the extent necessary for Accela: (i) to provide the Subscription Services; (ii) to verify Customer's compliance with the restrictions set forth in Section 2.2 (Restrictions) if Accela has a reasonable belief of Customer's non-compliance; and (iii) as otherwise set forth in this Agreement. Accela may utilize the information concerning Customer's use of the Subscription Services (excluding any use of Customer's personal data or Customer's Confidential Information) to improve Subscription Services, to provide Customer with reports on its use of the Subscription Services, and to compile aggregate statistics and usage patterns by customers using the Subscription Services. 9.3. Use of Aggregate_Data. Customer agrees that Accela may collect, use, and disclose quantitative data derived from the use of the Subscription Services, for example, for industry analysis, benchmarking, analytics, and marketing purposes. All data collected, used, and disclosed will be in aggregate form only and will not identify Customer, its Authorized Users, or any third parties utilizing the Subscription Services. 9.4. Data Breach Notification. If directly related to Customer, Customer data, and the Subscription Services, Accela shall (1) promptly inform the Customer of any known Security Incident or Data Breach, (2) reasonably cooperate with Customer in addressing the known Security Incident or Data Breach, (2) promptly implement measures to cure the known Security Incident or Data Breach, and (3) implement breach notification and reconciliation protocols in accordance with legally required NIST -approved methods or as otherwise required by law. "Security Incident" means the unauthorized access by non -authorized persons to personal data or non-public data of Customer, including but not limited to the theft or loss of encrypted data. A Security Incident may or may not turn into a Data Breach. "Data Breach" means the unauthorized access by a non -authorized person/s that results in the use, disclosure or theft of Customer's unencrypted personal data or non-public data. REV: 02-10-20 PR ATTY/AGR.2020.022/Accela, inc. (Page 8 of 18)