​
1. How this Data Processing Addendum (“DPA”) Applies

1.1 This DPA forms part of the MuleRun Terms of Use (hereinafter “ToS”) between you (the “Creator”, “you” or “your”) and Intelligent Cloud Computing (Singapore) Private Limited (“MuleRun”, “we”, “us”, or “our”) governing your use of the Platform (as defined in the ToS). By registering as a Creator or using the Platform as a Creator, you agree to this DPA and the Privacy Policy for Creators.

​
2. Definitions

2.1 All terms capitalised but not defined in this DPA have the meaning set out in the ToS and/or the Privacy Policy for Creators. For the purposes of this DPA, the following expressions shall have the following meanings:
  1. “Applicable Data Protection Laws” means the PDPA and any other applicable law, rule, statute, regulation, order, standard and other similar instrument or other enactment pertaining to data protection or the processing of Creator Data, in each case as amended, consolidated, re-enacted or replaced from time to time;
  2. “Creator Data” means personal data processed by MuleRun on behalf of the Creator in connection with the Permitted Purpose, which includes without limitation –
    1. all personal data you upload or make available via the Platform;
    2. all personal data collected, used, or disclosed by any AI Agent created or made available by you via the Platform; and
    3. all personal data disclosed by Users to you or other personal data made available to you via the Platform.
  3. “DPA” means this Data Processing Addendum and incorporates the terms and conditions set out in Schedule hereto;
  4. “PDPA” means the Personal Data Protection Act 2012 of Singapore;
  5. “Permitted Purpose” means the purpose of providing the Platform, including without limitation to you, other Creators, and to Users; and
  6. “Privacy Policy for Creators” means the privacy policy for Creators accessible at [insert URL] and/or via such other means as MuleRun may designate from time to time.

​
3. Description of Processing

3.1 Insofar as any personal data is collected, used, or disclosed by you via or in connection with the Platform, you agree that:
  1. such personal data is Creator Data;
  2. any processing by MuleRun of such personal data is solely for your purposes and on your behalf as your data intermediary under the PDPA and processor under Applicable Data Protection Laws; and
  3. you remain at all times the controller of Creator Data that determines the means and purposes of processing of Creator Data and are solely responsible for compliance with all Applicable Data Protection Laws and third party rights in connection with Creator Data.

​
4. Creator’s Obligations

4.1 You acknowledge and agree:
  1. to comply with your obligations under all Applicable Data Protection Laws in relation to your: (i) use of the Platform for processing of any personal data comprised within the Creator Data; and (ii) appointment of us as your data intermediary under the PDPA and processor under Applicable Data Protection Laws to process the Creator Data as contemplated under this DPA; and
  2. that this DPA, the ToS, and any other terms separately agreed in writing with MuleRun will together comprise your complete and final documented instructions to MuleRun on the processing of Creator Data.
4.2 You represent and warrant to us that:
  1. there are no Applicable Data Protection Laws that may prevent MuleRun from acting on your instructions and/or performing MuleRun’s obligations under this DPA; and​
  2. you have at all times complied and continue to comply with the Applicable Data Protection Laws.
4.3 Notwithstanding anything to the contrary hereunder, and without prejudice to Clause 4.2, the Creator acknowledges and agrees that it is Creator’s sole and exclusive responsibility to, and Creator shall, do all of the following:
  1. in respect of any Creator Data, procure and ensure that the relevant data subjects:
    1. are informed of the purposes for which their personal data may be collected, used, disclosed and/or processed by MuleRun on behalf of the Creator;
    2. provide all consents necessary for such collection, use, disclosure and/or processing of Creator Data by MuleRun on behalf of the Creator (if such consents are required under Applicable Data Protection Laws);
    3. ensure that the aforementioned consents are not withdrawn; and
    4. upon MuleRun’s request, provide MuleRun with written documentation of the foregoing to MuleRun’s satisfaction (“Documentation”).
  2. convey any information notices as required by Applicable Data Protection Laws;
  3. make any necessary filings or reporting to the appropriate data protection authority(ies);
  4. ensure the accuracy, quality, completeness and legality of the Creator Data that is disclosed to MuleRun by the Creator;
  5. comply with any request from any data subject to exercise their rights under Applicable Data Protection Laws, including without limitation requests to access, correct, and/or erase any Creator Data of such data subjects;
  6. promptly notify MuleRun and the relevant data subjects if any breach or failure in protection of Creator Data is detected; and
  7. at the request of MuleRun, promptly provide such assistance, do such things (including making arrangements for additional form(s) and consent(s) to be completed and signed by data subjects whose personal data are provided by the Creator to MuleRun) or execute such documents, as MuleRun may reasonably require, in order to facilitate MuleRun’s compliance with any Applicable Data Protection Laws.
​ 4.4 The Creator acknowledges and agrees that MuleRun shall not be required to, and shall be entitled to refuse to collect, use, disclose and/or process any Creator Data without any liability to the Creator or any other person:
  1. for which there are no Documentation or for which MuleRun reasonably believes there are no Documentation; or
  2. in a way that does not comply with the terms hereunder or Applicable Data Protection Laws,
provided that MuleRun notifies the Creator of such refusal in writing stating its reasons. Any such refusal shall be a breach of the DPA or ToS or constitute a basis for the Creator to allege that MuleRun has repudiated this DPA or ToS.

​
5. MuleRun’s Obligations

5.1 MuleRun shall only process Creator Data (including with regard to data transfers) in accordance with, and for the purposes documented in this DPA and any further written instructions from the Creator documented and agreed by MuleRun as constituting further instructions. 5.2 MuleRun is hereby granted your general authorisation to engage third party subcontractors to process the Creator Data for the Permitted Purpose and shall maintain an up-to-date list of such subcontractors here, and shall impose data protection terms on any subcontractor it appoints to process any Creator Data, that require it to protect such Creator Data to at least the standard required by applicable Data Protection Law, or the provisions of this DPA, whichever is more protective. 5.3 At your request, delete or return all Creator Data in MuleRun’s possession following the termination of the ToS. This requirement shall not apply to the extent that MuleRun is required or permitted by applicable law to retain some or all of the Creator Data, in which event MuleRun shall securely isolate and protect such Creator Data from any further processing except: (i) to the extent required by such law until deletion is possible; or (ii) where such Data ceases to contain personal data. 5.4 MuleRun shall implement appropriate technical and organisational security measures for the protection of Creator Data. For the avoidance of doubt, nothing herein obliges MuleRun to disclose any information that is subject to any right, privilege or immunity conferred, or obligation (including without limitation in connection with MuleRun’s performance of any contractual obligation) or limitation imposed, by or under any law or rules of professional conduct in relation to the disclosure of such information.

​
6. Indemnity

6.1 Without prejudice to the indemnity obligations already covered in the ToS, Creator agrees to defend, indemnify and hold MuleRun harmless from and against any and all suits, actions, claims or proceedings arising from an actual or potential breach of this DPA or Applicable Data Protection Laws by Creator and/or Users, or any regulatory, private lawsuit or governmental action relating to any processing of Creator Data.

​
7. Miscellaneous

7.1 This DPA shall remain in force for the duration of the ToS. This DPA forms an integral part of the ToS. 7.2 Unless indicated otherwise, if there is any conflict or inconsistency between the provisions of this DPA and the remainder of the ToS, this DPA shall prevail to the extent of such conflict or inconsistency. 7.3 This DPA and any dispute or claim in connection with it shall be governed by and construed in accordance with the governing law of the ToS, for which this DPA forms a part thereof. The Creator hereby submits to the jurisdiction of the dispute resolution venue(s) as set out in the ToS.