CLOUD SERVICE AGREEMENT AND DATA PROTECTION POLICY PARISH RECORD KEEPER WORKSPACE Alpha Version PLEASE READ THIS CLOUD SERVICE AGREEMENT AND DATA PROTECTION POLICY ("AGREEMENT") CAREFULLY BEFORE USING THE PARISH RECORD KEEPER WORKSPACE FACILITY ("WORKSPACE"). BY USING THE WORKSPACE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THE WORKSPACE. 1. Relationship to the Software Licence Agreement The Parish Record Keeper desktop software ("Software") is governed by a separate End User Licence Agreement ("Software EULA"), available on parishrecordkeeper.com and in the Documentation folder of the installation directory. This Agreement governs only the optional online Workspace facility described below; it does not replace or amend the Software EULA. The Software functions in full without the Workspace, and using the Workspace is entirely voluntary. 2. What the Workspace Is The Workspace is an optional online facility, hosted or arranged by the Developer, Bernhard Udelhoven (referred to in this Agreement as the "Developer"), that allows several Users at the same parish, or a group of parishes agreeing to share data, to upload, download, merge, or search a shared data file. The Workspace is not a professional commercial cloud-storage, backup, archive, disaster-recovery, legal-compliance, or records-management service. It is an Alpha-stage facility connected with an Alpha-stage parish software project, offered only on the terms set out in this Agreement, and used at the User's own risk. 3. Definitions In this Agreement: "User" means any person, parish, institution, or other body using or accessing a Workspace. "Workspace Administrator" means the User or person who requests, manages, or coordinates access to a Workspace on behalf of a parish or group of Users, including through the administrator role available on the Workspace's web page. "Workspace Members" means Users given access to a Workspace by or through the Workspace Administrator or by agreement with the Developer. "Workspace Data" means data uploaded, downloaded, stored, searched, merged, synchronised, or otherwise processed through a Workspace. 4. Data Uploaded to the Workspace Workspace Data may include parishioner names, sacramental records such as baptism, marriage, and related records, financial and contribution records, and other information a User chooses to enter into the Software and upload. This data belongs to the User and the parish or parishes concerned; the Developer does not claim ownership of it. The User, the Workspace Administrator, and the parish or parishes concerned are solely responsible for deciding what data is entered, uploaded, shared, accessed, retained, exported, corrected, or deleted, and for ensuring a lawful basis and any necessary permissions to do so, including compliance with applicable Zambian data protection law, other applicable civil or canonical law, diocesan policy, and safeguarding obligations. Where a Workspace is shared by several Users or parishes, each User remains responsible for the data they themselves upload, change, or disclose, and for the access they give to others. 5. Data Protection Roles The Developer provides or arranges the technical Workspace facility. The Developer does not decide what parish records should be collected, what they should contain, who should be included, or how long records should be kept. For this reason, the User, Workspace Administrator, or parish concerned normally remains responsible for the substantive data-protection decisions concerning Workspace Data; to the extent that data-protection law distinguishes between a controller and a processor, the User or parish normally acts as controller, while the Developer acts only as a limited technical service provider for the purpose of operating the Workspace, unless a different written arrangement is expressly agreed. The Developer does not provide legal, data-protection, canonical, or safeguarding advice. The User and the parish concerned must obtain their own advice where needed. 6. User Accounts, Access, and Passwords The User and the Workspace Administrator are responsible for controlling who is allowed to access a Workspace, for keeping login details secure, and for ensuring that only authorised persons use it. Users must take reasonable precautions to prevent unauthorised access, including careful handling of shared computers, email accounts, exported files, and passwords. The Developer is not responsible for unauthorised access, disclosure, alteration, deletion, or misuse of Workspace Data caused by weak or shared passwords, compromised email accounts, infected devices, careless handling of files, internal parish disputes, or any other act or omission of Users or third parties. 7. Encryption and Security The master data file and any versions uploaded for sharing among Workspace Members are stored on the Developer's server in the same form in which they were uploaded. The Developer does not independently encrypt these files at rest. Any protection of their contents, such as a database password the User has applied within the Software before uploading, results entirely from the User's own action, and remains the User's own responsibility to manage, including deciding whether and how to share such a password securely among Workspace Members. A Workspace Member who cannot open a downloaded master file should first check with the Workspace Administrator or other Members whether the file has been protected with such a password. Where a User separately uploads data to make parish records searchable through the Workspace's online search facility, that data is, by contrast, encrypted at rest on the Developer's server (AES-256-CBC or a comparable standard then in use), field by field, using a key held by the Developer. In both cases, the Developer takes reasonable, industry-standard measures to protect Workspace Data more generally, such as restricting server access and using secure connections for transmission, but encryption and security measures reduce risk without eliminating it; the Developer does not warrant that the Workspace, server, transmission, or any related infrastructure will be secure, uninterrupted, or immune from unauthorised access, data loss, or other incidents. The Developer is a single individual and cannot guarantee continuous monitoring or immediate response. The User accepts that the Developer may at times be unavailable, without server access, or otherwise unable to respond for extended periods. 8. Backups and Independent Copies The Workspace is not a guaranteed backup service. The User and the Workspace Administrator are solely responsible for maintaining independent, current, restorable backups of all important data, as also stated in Section 5 of the Software EULA. Users who need to preserve Workspace Data must download and export it themselves; they should not rely on the Workspace, the Developer, the hosting provider, or parishrecordkeeper.com as their only copy or means of access to the data. 9. Deletion, Export, and Correction A Workspace Administrator may delete their Workspace's own data, including both the shared data files held in the Workspace and the corresponding records held in the Workspace's search database, immediately and at will, using the delete function provided on the Workspace's own web page. This is the primary, self-service way to remove Workspace Data, and it takes effect at once; the Workspace Administrator does not need to write to the Developer to use it. Beyond that self-service function, a User, or the Workspace Administrator on behalf of the Workspace Members, may also request deletion, export, or correction of data by writing to the contact details in Section 18. Because the Developer is a single individual who may be unavailable or without server access for extended periods, the Developer does not undertake to act on any such written request within any fixed or guaranteed timeframe, and will make reasonable efforts to do so when able. Routine server backups that are provided by the hosting server may retain deleted data for a further period before being overwritten in the ordinary course of the backup cycle; the Developer is not obliged to search, alter, or delete historical backup copies manually unless required by applicable law and technically feasible. 10. No Disclosure to Third Parties The Developer will not sell or rent Workspace Data to third parties. The Developer may disclose or process Workspace Data where reasonably necessary to: (a) operate, maintain, secure, or back up the hosting infrastructure, including through the Developer's web hosting provider, currently Hostinger (Hostinger.com), which stores the encrypted data but is not knowingly given the means to decrypt it, and which maintains its own separate terms of service and privacy policy governing the underlying infrastructure independently of this Agreement; (b) comply with applicable law, legal process, or a lawful order of a competent authority; (c) protect the rights, property, or safety of the Developer, Users, or others, or investigate suspected abuse; or (d) carry out the User's own instructions, including upload, download, merge, export, or deletion. Server access logs (such as IP addresses) are handled on the same basis as described for the Software in Section 11 of the Software EULA. 11. Fees, Annual Access, and Non-Renewal Where a fee applies, access to a Workspace is granted on an annual basis, as described in the Software EULA. Fees paid for Workspace access are used for the development and maintenance of the Software and the Workspace, and are distinct from, and not applied to, donations sought under Section 12 of the Software EULA. Continued Workspace access at the end of a paid annual period requires a further arrangement between the User, or the Workspace's members, and the Developer. At the end of that period, if it is not renewed, the Developer reserves the right, but is not obliged, to take the Workspace's data off the servers and reclaim the server space, at a time of the Developer's own choosing, without being bound to give advance notice or to wait any particular period beforehand. Users who wish to keep their data should download or export it, or use the delete function described in Section 9 themselves, before the paid period ends; the User should not rely on continued access remaining available for any particular time after non-renewal. All fees paid for Workspace access are non-refundable, including where access is not renewed, is suspended or ends for any other reason, or is not used for the full paid period, except where a refund is required by applicable law. 12. Suspension, Restriction, or Discontinuation The Developer may suspend, restrict, modify, migrate, disable, or discontinue any Workspace, account, function, server, or related service at any time, with or without advance notice, where he considers this necessary or appropriate, including in cases involving non-payment, non-renewal, suspected abuse, excessive server use, security concerns, legal concerns, hosting-provider restrictions, technical failure, or discontinuation of the project. The Developer is not obliged to provide replacement hosting, migration, technical support, data recovery, continued access, notice, compensation, or refunds because of such action, except where required by applicable law. 13. Security Incidents If the Developer becomes aware of a security incident affecting Workspace Data, he may, when reasonably able and where he considers it appropriate, take steps such as investigating the issue, restricting access, or informing affected Users. The Developer does not undertake to monitor the Workspace continuously, to detect every security incident, or to notify Users within any fixed timeframe. Users and parishes remain responsible for their own legal, diocesan, and data-protection duties. 14. No Warranty and Limitation of Liability To the fullest extent permitted by law, the Workspace is provided "as is" and "as available," without warranties of any kind, including as to availability, uninterrupted operation, security, data integrity, or fitness for a particular purpose. The Developer does not warrant that the Workspace will be free of downtime, data loss, corruption, unauthorised access, or security incidents. To the fullest extent permitted by law, the Developer shall not be liable for any direct, indirect, incidental, special, consequential, exemplary, or punitive damages arising from the use of, inability to use, unavailability of, suspension of, or discontinuation of the Workspace, including but not limited to loss of data, loss of access, business or ministry interruption, financial loss, unauthorised access, or regulatory consequences, even if the Developer has been advised of the possibility of such damages. This limitation is in addition to, and does not replace, the limitation of liability set out in the Software EULA. Nothing in this Agreement limits liability where such limitation is not permitted by applicable law. 15. Alpha Stage Disclaimer As with the Software itself, the Workspace is in an early developmental Alpha stage and may contain errors, incomplete functions, design limitations, or other issues. It is used at the User's own risk, in addition to the risks described in the Software EULA. 16. Changes to This Agreement The Developer may update this Agreement from time to time, including to reflect changes in the Workspace's features, hosting arrangements, or applicable law. Updated versions will be made available on parishrecordkeeper.com and in the Documentation folder of the installation directory. Continued use of a Workspace after an updated Agreement has been made available constitutes acceptance of it; if the User does not agree, the User must stop using the Workspace and should export or delete any data as described in Section 9 while access remains available. 17. Governing Law This Agreement shall be governed by and construed in accordance with the laws of Zambia, without regard to its conflict of laws principles. 18. Contact Information For questions regarding this Agreement, including requests concerning Workspace Data, please contact: Bernhard Udelhoven Lumimba Catholic Church P.O. Box 530081 Lundazi Zambia Email: developer@parishrecordkeeper.com bernhard@fenza.org The contact details above may change, and the Developer does not guarantee continuous availability by post, email, website, telephone, server, or any other means. Sending a request does not guarantee that it will be received, read, or acted upon within any particular time. By using the Workspace, the User acknowledges that they have read and understood this Agreement and agree to be bound by its terms and conditions.