Terms of Service

Summary of key points

This summary covers the parts of the agreement people ask about most. It is written for convenience only. The full sections below are the actual agreement, and they control if anything in this summary is shorter or simpler than the full text.

• The Service is for businesses and organizations. The person who accepts these Terms must be at least 18 and have authority to agree for the business.
• You are responsible for your websites, your content, your prices and offers, your customers, and the laws and industry rules that apply to your business.
• Paid plans renew automatically until you cancel. Fees already paid are not refundable, and partial periods are not credited.
• You keep ownership of your content. You give us only the license we need to host, protect, and deliver it.
• AI-assisted features are optional and produce drafts that you review. They never publish anything on their own and are not professional advice.
• The Service is provided as is. Our liability is capped and indirect damages are excluded.
• Disputes are resolved by binding individual arbitration, and class actions are waived. You can opt out of arbitration within 30 days.
• Delaware law governs these Terms.
• We may update the Service and these Terms. A material change is published as a new version and may require your acceptance before you continue.
• You can export your data, cancel, and delete your account from the dashboard at any time.

Who we are and who may use the Service

These Terms of Service (the “Terms”) are a binding agreement between the service operator identified on this page (the “Company,” “we,” “us,” or “our”) and the business or organization that creates or uses an account (the “Customer,” “you,” or “your”).

The “Service” means our website builder, hosting, dashboard, business tools, templates, content modules, notifications, analytics, support, marketing pages, and the related software and services we make available under these Terms. A “Customer Site” is a website you build, publish, or host through the Service. “Customer Content” is everything you or your team upload, create, publish, or collect through the Service. A “Visitor” is a person who visits or interacts with a Customer Site.

You may use the Service only for business or organizational purposes. It is not offered for personal, family, or household use. By accepting these Terms you confirm that you are at least 18 years old, can enter a binding contract, and are authorized to accept these Terms for the Customer.

You must give us accurate account, billing, and contact information and keep it current. We may suspend an account we cannot reasonably verify or contact.

We operate the Service from the United States and direct it to customers in the United States. We make no representation that the Service or these documents are appropriate or available for use anywhere else. If you use the Service from outside the United States, you do so on your own initiative, you are responsible for complying with local law, and you consent to your information being processed in the United States.

You confirm that you, your business, and its principals are not subject to United States sanctions or located in an embargoed region, and that you will not use the Service in violation of United States export-control, sanctions, or anti-corruption laws.

How you accept these Terms

You accept these Terms by checking the acceptance box at signup, by accepting a new version when we ask you to, or by creating or using an account. If you accept for a business, the business is bound.

You agree that electronic acceptance, electronic records, and electronic signatures have the same legal effect as handwritten signatures under the federal E-SIGN Act and comparable state law. We record the document version, a cryptographic fingerprint of the exact text you accepted, the time, and technical details of the acceptance, and we may rely on that record as evidence of your agreement.

These Terms incorporate the following documents by reference, as published on this site: the Acceptable Use Policy, the Privacy Policy, the Cookie & Tracking Notice, the U.S. Data Processing Addendum, the Copyright & DMCA Policy, the plan details and prices shown at checkout, and any written order form or amendment signed by both parties.

If those documents conflict, this order applies, from highest to lowest: a signed order form or written amendment, for the conflict it addresses; the U.S. Data Processing Addendum, for how we process personal information; these Terms; then the remaining policies.

Accounts, teams, and security

You are responsible for everything that happens under your account, including actions by the people you invite, the roles and permissions you assign, and anyone who obtains access through your credentials.

Keep passwords, recovery codes, sign-in links, and two-factor secrets private. Tell us promptly at the security contact listed on this page if you suspect unauthorized access or a compromised device. We may require email verification, two-factor authentication, session revocation, a password reset, or other reasonable security steps.

You may not share a single account in a way that hides who took an action, evades plan limits, or lets someone we have suspended back onto the Service.

An account owner may transfer ownership using the tools in the dashboard. We are not responsible for internal disputes about who controls an account, and we may rely on the current owner of record. If we receive competing claims, we may restrict changes until the parties resolve the dispute.

Our staff may access an account when you ask for help, when we need to investigate a security or abuse issue, or when the law requires it. Administrative access and any session in which a staff member acts as a user are recorded in an audit log, and a visible banner is displayed during such a session.

We send service, security, billing, and legal messages to the account email address and to the dashboard. Keep that address current and monitored.

Plans, limits, and the Free plan

Each plan includes the features, quotas, and limits shown at checkout and in the dashboard, including limits on sites, team members, storage, form submissions, transactions, AI credits, custom domains, and analytics retention. Our systems enforce those limits.

Sites on the Free plan must keep the platform attribution shown in the site footer. Removing, hiding, obscuring, or altering that attribution while on the Free plan is a breach of these Terms. Paid plans that include the attribution-removal feature may turn it off.

We may change the features and limits of the Free plan, and may retire the Free plan, on reasonable notice. We may also suspend or delete a Free account that has been inactive for an extended period, after notice to the account email.

Features labeled preview, beta, early access, or planned are provided as is, may change or be withdrawn at any time, may carry separate limits, and should not be relied on for anything critical to your business.

Plan limits are commercial allowances. They are separate from the technical rate limits, anti-abuse protections, and security safeguards we apply to protect the Service regardless of plan.

Your right to use the Service

Subject to these Terms and payment of applicable fees, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to access and use the Service during your subscription for your own business purposes.

You may not, and may not permit anyone else to:

• copy, modify, translate, or create derivative works of the Service, or reverse engineer, decompile, or disassemble it, except to the narrow extent law expressly permits and we cannot lawfully restrict;
• interfere with or circumvent security, authentication, entitlement, quota, moderation, or attribution controls;
• access the Service by automated means at abusive volume, scrape it, or extract data from it other than your own data through supported tools;
• resell, rent, lease, sublicense, time-share, white-label, or operate the Service for third parties as a service bureau, except under a written agreement with us;
• use the Service, or information about it, to build or improve a competing product, or publish benchmark or performance results without our written consent;
• remove, obscure, or alter any proprietary notice, or misrepresent the origin of the Service;
• upload or transmit malware, or use the Service in a way that damages, overburdens, or impairs it or anyone else’s use of it; or
• use the Service in any way prohibited by the Acceptable Use Policy or by law.

Your websites, your customers, and your business

You decide what appears on your Customer Sites and what you sell. You control your content, pages, products, services, prices, promotions, policies, forms, bookings, orders, memberships, reviews, and messages, and you are responsible for their accuracy, legality, and suitability.

You are the seller, merchant, service provider, host, employer, or professional in your own customer relationships. We are not a party to your transactions and are not a merchant of record, a payment processor for your customers, an agent, a fiduciary, an employer, or a professional adviser, unless a separate written agreement says otherwise. Disputes with your customers are between you and them.

You are responsible for everything the law requires of your business, including:

• business registration, licensing, permits, and professional or trade rules;
• taxes, tax collection and remittance, invoicing, and recordkeeping;
• consumer-protection, advertising, pricing, automatic-renewal, and refund rules;
• publishing your own privacy notice, terms, cookie or consent notices, and other required disclosures for your Visitors;
• accessibility obligations for your published site and content;
• age, location, identity, and eligibility checks required for what you offer; and
• fulfillment, delivery, cancellation, safety, and complaint handling.

Templates, starter policies, age gates, consent tools, checklists, and industry packs are practical tools that help you organize a site. They are not legal advice, they are not tailored to your business, and using them does not make your site or your business compliant with any law, standard, or industry rule. Review and adapt each one, and get your own professional advice where you need it.

If you use the Service to contact your customers or Visitors, you are responsible for having a lawful basis and any required consent, for honoring opt-out requests promptly, and for complying with the CAN-SPAM Act, telemarketing and text-messaging rules, and equivalent state laws.

If you connect a custom domain, you must own or control it, you remain bound by your registrar’s and DNS provider’s terms, and you are responsible for renewing it. We may disconnect a domain because of abuse, nonpayment, a rights claim, a security risk, or a provider requirement.

Customer Content

You keep every ownership right you have in Customer Content. We claim none of it.

You grant the Company and the providers we use a worldwide, non-exclusive, royalty-free license to host, store, copy, cache, back up, transmit, transform, reformat, index, display, and deliver Customer Content, and to scan it for security and abuse, only as reasonably needed to operate, secure, support, and improve the Service and to provide it to you and your Visitors. The license lasts while you use the Service and through the deletion cycle described below, and it ends when the content leaves our active systems and backups.

You represent that you own or have every right and permission needed for Customer Content and for the instructions you give us, and that Customer Content and its use violate no law and no person’s intellectual-property, privacy, publicity, contract, or confidentiality rights.

We do not routinely review Customer Content and have no obligation to monitor it, but we may review, remove, restrict, or decline to publish content when we reasonably believe it violates these Terms, the Acceptable Use Policy, or the law, or when a provider or legal process requires it.

We keep backups for operational continuity, not as an archive service. Backups run on a rolling cycle, may not contain every version of every item, and are not a substitute for your own copies. Keep your own copies of anything you cannot afford to lose; export tools are available in the dashboard.

If you send us feedback, ideas, or suggestions, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use them for any purpose without obligation to you. We will not publicly identify you as the source without your permission.

Restricted and sensitive information

The Service is a general business platform. It is not designed, configured, or certified for specially regulated information. Unless we have agreed in writing that the Service supports your specific use, you may not collect, upload, store, or process through the Service:

• full payment-card numbers, card security codes, magnetic-stripe or chip data, or bank account credentials;
• Social Security numbers, taxpayer identification numbers, driver’s license numbers, passport numbers, or other government identifiers;
• protected health information subject to HIPAA (we do not act as a business associate and will not sign a business associate agreement);
• biometric identifiers or biometric information used to identify a person;
• precise geolocation of an individual, or information about a person’s immigration status, union membership, or sex life, beyond what someone voluntarily includes in a message to you;
• information regulated by the Gramm-Leach-Bliley Act, the Fair Credit Reporting Act, FERPA, CJIS policy, or ITAR; or
• personal information of a child under 13, or content directed to children under 13.

If restricted information reaches the Service, we may delete it, restrict the affected feature or site, or suspend the account, and you remain responsible for any resulting claim or loss.

AI-assisted features

AI-assisted features are optional, are metered by plan credits, and are available only when they are enabled for your account.

Every AI feature is review-only. Output is presented to you as a draft. Nothing an AI feature generates is published to a Customer Site automatically, and nothing changes your live content until you choose to apply it.

AI output can be inaccurate, incomplete, outdated, biased, generic, or unsuitable for your business, and it may resemble material owned by someone else. You must review, verify, and edit every output before you use it. AI output is not legal, medical, financial, tax, insurance, accessibility, compliance, or other professional advice, and you may not present it as the work of a licensed professional.

Do not submit confidential information, credentials, or restricted information to an AI feature. You are responsible for what you submit and for what you choose to publish.

To provide these features we send your prompt and the business context you supply to our AI provider, which processes it and returns a result. We configure the provider not to retain that content for training its models. The provider is named on our Subprocessors page.

As between you and the Company, you own your inputs, and we assign to you whatever rights we may have in the output generated for you. Understand that similar or identical output may be generated for other customers, that we cannot promise output is original or non-infringing, and that intellectual-property protection for AI-generated material may be limited or unavailable under United States law.

We may change, limit, or discontinue AI features, change the underlying model or provider, or adjust credit costs, on reasonable notice.

Payments, renewals, and refunds

Paid plans are subscriptions. They renew automatically for the billing period shown at checkout, monthly or annual, until you cancel. By subscribing you authorize us and our payment processor to charge your payment method on each renewal, including applicable taxes and fees, until you cancel.

Stripe processes subscription payments and stores your payment method. We receive billing status and limited identifiers such as card brand, last four digits, and expiration. We never receive or store full payment-card numbers.

Current prices, included features, and limits are shown before you purchase. Founding, promotional, or discounted pricing applies only while the conditions we describe are met, which normally include an uninterrupted paid subscription. That pricing may end if you cancel, let the subscription lapse, or change plans, and our then-current list price may apply afterward.

We may change prices. A price change takes effect at your next renewal, and we will give you at least 30 days’ notice by email or in the dashboard before it applies. If you do not want the new price, cancel before the renewal date.

Fees are exclusive of taxes. You are responsible for sales, use, and similar taxes, other than taxes on our net income.

Except where law requires otherwise, or where we have made a written offer that says otherwise, all fees are non-refundable, we do not credit or refund partial billing periods, and cancelling or downgrading mid-period does not create a refund. We will refund a duplicate charge or a charge caused by our own billing error.

You may cancel a paid subscription at any time from the billing portal in the dashboard. Cancellation stops the next renewal and takes effect at the end of the period you have already paid for. You keep access until then.

If a payment fails, we and our processor may retry it. After a reasonable grace period and notice, we may restrict paid features, suspend the account, or move it to the Free plan. Sites or content that exceed a lower plan’s limits may be disabled and, after notice, removed.

If you dispute a charge, contact us first so we can resolve it. You remain responsible for valid charges, for the costs we reasonably incur because of a chargeback that results from your breach of these Terms, and for reasonable collection costs and interest permitted by law.

If we ever grant a refund, credit, or extension that we were not required to give, we do so as a one-time accommodation. It does not change these Terms and does not entitle you or anyone else to the same treatment later.

Third-party services and links

The Service depends on third-party providers for hosting, storage, databases, payments, email delivery, domains and DNS, certificates, bot protection, error monitoring, notifications, and AI. Current categories and providers are listed on our Subprocessors page.

Customer Sites may also include links, embeds, and integrations that you choose. Third-party services have their own terms and privacy practices, may change or become unavailable, and are outside our control.

We are not responsible for third-party services, for content they deliver, or for your agreements with them. We may add, change, or replace a provider, and we will work to avoid unnecessary disruption when we do.

Our intellectual property, trademarks, and feedback

The Company and its licensors own the Service and everything in it other than Customer Content, including the software, source code, designs, layouts, themes, templates, content modules, documentation, and marketing materials, together with all patent, copyright, trademark, trade secret, and other rights in them. These Terms grant you a right to use the Service, not any ownership of it. All rights not expressly granted are reserved.

Templates and starter content we provide are licensed to you for use in Customer Sites you operate through the Service. You may not extract, redistribute, resell, or reuse them outside the Service.

Our names, logos, and marks belong to us. Use them only to identify the Service accurately, or as we permit in writing, and never in a way that suggests endorsement, partnership, or affiliation. Free-plan attribution must remain in place as described above.

Confidentiality

Each party may receive non-public information from the other that is marked confidential or that a reasonable person would understand to be confidential, such as product plans, pricing not publicly offered, security details, and business plans. The receiving party will use it only to perform under this agreement and will protect it with at least reasonable care.

This does not cover information that was already known without obligation, becomes public without a breach, is independently developed without using the other party’s information, or is lawfully received from someone else without restriction.

A party may disclose confidential information when law, regulation, or legal process requires it, after giving the other party notice when legally permitted so it can seek protection. Personal information is also governed by the Privacy Policy and the U.S. Data Processing Addendum.

Service changes, availability, and support

We improve the Service continuously and may add, change, or remove features. When we remove or materially reduce a feature you rely on, we will give reasonable advance notice in the dashboard or by email, except where a security, legal, or provider issue requires faster action.

We aim for high availability, but these Terms do not include a service level agreement or an uptime guarantee. Planned maintenance, emergency maintenance, provider incidents, and events outside our control can interrupt the Service. Operational information is published on our status page.

Support is provided through the dashboard and the contact channels listed on our site during normal business hours. Support covers use of the Service. It does not include building your site for you, writing your content or policies, migrating data from other systems, or professional advice, unless we agree to that separately in writing.

Suspension and termination

You may stop using the Service at any time. You may cancel a paid plan from the billing portal and request account deletion from the dashboard.

We may restrict a feature, unpublish or restrict a Customer Site, suspend an account, or terminate this agreement if you materially breach these Terms or the Acceptable Use Policy, if a payment fails and is not cured, if there is a credible security or fraud risk, if a provider or legal process requires it, if the law requires it, or if continuing would expose us or others to material legal or safety risk. We use proportionate measures and give notice when practical, but an urgent risk may require immediate action without prior notice.

On termination your right to use the Service ends immediately, the licenses we granted you end, and outstanding fees become due. Your Customer Sites stop being served, connected custom domains are disconnected, and scheduled and automated features stop running. We will keep export tools available for a reasonable period unless the termination results from serious abuse, legal risk, or a legal prohibition.

When you request account deletion, we schedule it and give you a 30-day recovery window during which you may cancel the request. After that window our lifecycle processes delete or de-identify account and site data, and remaining copies age out of backups on their normal cycle. We may keep records we are required or permitted to keep, such as billing and tax records, acceptance records, audit logs, abuse reports, and information needed for a legal claim.

Sections that should reasonably survive termination do survive, including accrued payment obligations, content licenses to the extent needed for the deletion cycle, ownership, confidentiality, restricted information, indemnification, disclaimers, limitation of liability, dispute resolution, governing law, and the general terms.

Disclaimers of warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE, INCLUDING ALL TEMPLATES, STARTER POLICIES, INDUSTRY PACKS, AI OUTPUT, ANALYTICS, AND SUPPORT, IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.

WE, OUR AFFILIATES, AND OUR LICENSORS AND PROVIDERS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, AND STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT DATA WILL BE PRESERVED OR RECOVERABLE; OR THAT THE SERVICE WILL PRODUCE ANY PARTICULAR SEARCH RANKING, TRAFFIC, LEAD, SALE, REVENUE, OR OTHER BUSINESS RESULT.

WE DO NOT WARRANT THE ACCURACY, LEGALITY, OR SUITABILITY OF CUSTOMER CONTENT, THIRD-PARTY CONTENT, TEMPLATES, STARTER POLICIES, OR AI OUTPUT, AND WE DO NOT WARRANT THAT USING THE SERVICE WILL MAKE YOU COMPLIANT WITH ANY LAW, REGULATION, STANDARD, OR INDUSTRY RULE.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY EXCLUSIONS. WHERE THAT IS THE CASE, THE EXCLUSIONS ABOVE APPLY TO THE MAXIMUM EXTENT PERMITTED, AND ANY WARRANTY THAT CANNOT BE EXCLUDED IS LIMITED TO THE MINIMUM SCOPE AND SHORTEST DURATION THE LAW ALLOWS.

Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY, AND IN OUR CASE NONE OF OUR AFFILIATES, OFFICERS, MEMBERS, EMPLOYEES, CONTRACTORS, LICENSORS, OR PROVIDERS, WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOST GOODWILL, LOST BUSINESS OPPORTUNITY, BUSINESS INTERRUPTION, OR THE LOSS, CORRUPTION, OR COST OF RECOVERING DATA, EVEN IF THE PARTY WAS ADVISED THAT SUCH DAMAGES WERE POSSIBLE AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, WHETHER IN CONTRACT, TORT, STATUTE, OR OTHERWISE, WILL NOT EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100) OR THE TOTAL AMOUNT YOU PAID US FOR THE SERVICE IN THE TWELVE MONTHS IMMEDIATELY BEFORE THE EVENT THAT FIRST GAVE RISE TO THE CLAIM.

THESE LIMITS DO NOT APPLY TO YOUR OBLIGATION TO PAY FEES, TO YOUR INDEMNIFICATION OBLIGATIONS, TO A PARTY’S FRAUD OR WILLFUL MISCONDUCT, OR TO ANY LIABILITY THE LAW DOES NOT PERMIT TO BE LIMITED.

THE PARTIES AGREE THAT THESE LIMITS ARE AN ESSENTIAL BASIS OF THE BARGAIN AND ARE REFLECTED IN THE PRICE OF THE SERVICE. TO THE EXTENT PERMITTED BY LAW, ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS MUST BE BROUGHT WITHIN ONE YEAR AFTER IT ACCRUES OR IT IS PERMANENTLY BARRED.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS. WHERE THAT IS THE CASE, THIS SECTION APPLIES TO THE MAXIMUM EXTENT PERMITTED.

Indemnification

To the maximum extent permitted by law, you will defend, indemnify, and hold harmless the Company and its affiliates, members, officers, employees, contractors, licensors, and providers from and against any third-party claim, demand, action, investigation, or proceeding, and any resulting loss, damage, penalty, fine, settlement, and reasonable attorneys’ fees and costs, arising out of or relating to:

• Customer Content, your Customer Sites, and anything you publish, sell, deliver, or promise;
• your products, services, offers, prices, promotions, refunds, fulfillment, and your relationships with your customers and Visitors;
• your violation of these Terms, the Acceptable Use Policy, or any law or regulation;
• your infringement or misappropriation of another person’s intellectual-property, privacy, publicity, or other rights;
• your collection, use, or disclosure of personal information, including Visitor information, and any notice or consent you failed to provide; and
• taxes, fees, or charges attributable to your business.

We will notify you of a claim for which we seek indemnification and will let you control the defense with counsel reasonably acceptable to us. You may not settle a claim in a way that admits fault for us, imposes an obligation or payment on us, or fails to fully release us, without our written consent. We may participate in the defense with our own lawyers at our own expense.

Dispute resolution, individual arbitration, and class-action waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO GO TO COURT, TO A JURY TRIAL, AND TO PARTICIPATE IN A CLASS ACTION.

Informal resolution first. Before starting arbitration or a lawsuit, the complaining party must send a written notice of dispute. Notice to us goes to the legal contact listed on this page; notice to you goes to your account email address. The notice must describe the dispute, the relevant facts, and the relief requested. The parties will then try in good faith to resolve it for 60 days. Completing this step is a condition of starting arbitration, and any limitations period is paused while it runs.

Binding individual arbitration. If the dispute is not resolved, you and the Company agree that any dispute, claim, or controversy arising out of or relating to the Service, these Terms, or our relationship, including its formation, interpretation, breach, termination, validity, and enforceability, will be resolved exclusively by final and binding individual arbitration rather than in court. The Federal Arbitration Act governs this agreement to arbitrate, including its interpretation and enforcement.

Rules and forum. Arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules in effect when the demand is filed, before a single arbitrator. Hearings may be held by video or telephone, and any in-person hearing will take place in Delaware unless the parties agree otherwise. The arbitrator may award any relief a court could award to that individual party, must apply these Terms, and must issue a reasoned written decision. Judgment on the award may be entered in any court with jurisdiction.

Who decides what. The arbitrator, not a court, decides all issues about the scope, applicability, interpretation, enforceability, and formation of this arbitration agreement, except that a court decides the enforceability of the class-action waiver below, and either party may ask a court to enforce the coordinated-filings provision.

Fees. Arbitration fees are allocated under the AAA rules. If you show that filing and administrative fees would be prohibitively expensive compared with bringing the same claim in court, we will pay the portion the AAA determines is necessary for the arbitration to proceed. Each party otherwise pays its own attorneys’ fees unless a statute or the arbitrator’s award provides otherwise.

Exceptions. Either party may bring a qualifying individual claim in small-claims court and keep it there, and either party may ask a court for temporary or preliminary injunctive relief to protect intellectual property, confidential information, or the security and integrity of the Service or accounts. Doing so does not waive this section.

CLASS-ACTION AND REPRESENTATIVE-ACTION WAIVER. CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY. YOU AND THE COMPANY WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, COORDINATED, PRIVATE ATTORNEY GENERAL, OR OTHER REPRESENTATIVE ACTION OR ARBITRATION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PARTY’S CLAIMS OR PRESIDE OVER ANY FORM OF REPRESENTATIVE PROCEEDING. IF THIS WAIVER IS FOUND UNENFORCEABLE FOR A PARTICULAR CLAIM OR REMEDY, THAT CLAIM OR REMEDY IS SEVERED AND MUST PROCEED IN COURT, AND ALL REMAINING CLAIMS PROCEED IN ARBITRATION.

Coordinated filings. If 25 or more demands for arbitration raising substantially similar claims are filed against the Company by or with the assistance of the same law firm or coordinated group within a 90-day period, the demands will be administered in sequential batches of no more than 50, each before a single arbitrator, and the parties will first attempt mediation of the batch. Limitations periods are paused for demands awaiting a batch. This provision exists to make resolution efficient and does not limit either party’s substantive rights.

Opting out of arbitration. You may opt out of this arbitration agreement by sending written notice to the legal contact listed on this page within 30 days after you first accept the version of these Terms that contains it. The notice must include the Customer name, the account email address, and a clear statement that you are opting out of arbitration. Opting out affects only this section, everything else in these Terms still applies, and it will not affect your account or your pricing.

JURY TRIAL WAIVER. TO THE EXTENT ANY DISPUTE PROCEEDS IN COURT RATHER THAN ARBITRATION, YOU AND THE COMPANY EACH WAIVE ANY RIGHT TO A TRIAL BY JURY TO THE FULLEST EXTENT PERMITTED BY LAW.

Confidentiality and survival. The parties will keep the existence, content, and result of an arbitration confidential except as needed to enforce an award or as law requires. This section survives termination of these Terms and closure of your account.

Governing law and venue

Delaware law governs these Terms and any dispute arising out of or relating to them or the Service, without regard to conflict-of-law rules, except that the Federal Arbitration Act governs the agreement to arbitrate. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

For any dispute not subject to arbitration, and for any action to enforce an arbitration award, the exclusive venue is the state and federal courts located in the State of Delaware. Each party consents to the personal jurisdiction of those courts and waives any objection based on inconvenient forum.

Notices and electronic communications

You consent to receive notices and other communications from us electronically, including by email to your account address, by message in the dashboard, and by banner in the Service. Electronic notices satisfy any legal requirement that a communication be in writing.

A notice we send by email is considered received on the day it is sent, and a notice posted in the dashboard is considered received when posted. Keeping your account email address current and monitored is your responsibility.

Legal notices to us, including notices of dispute and arbitration opt-outs, must be sent to the legal contact and mailing address listed on this page, and are considered received on delivery.

Changes to these Terms

We may update these Terms as the Service, our providers, our business, or the law changes. Every update is published on this page as a new version with a new effective date.

A material change takes effect as stated in the new version, and we may require you to accept it before you continue to use the dashboard. Non-material changes, such as clarifications and corrections, take effect when published. Continuing to use the Service after a change takes effect means you accept it.

If you do not accept a new version, your remedy is to stop using the Service and cancel. The version of these Terms in effect when a claim arose governs that claim.

General terms

Entire agreement. These Terms and the documents they incorporate are the entire agreement between the parties about the Service, and they replace all earlier or contemporaneous discussions, proposals, and representations on that subject. Any purchase order, vendor portal terms, or similar document you issue has no effect, and its terms are rejected.

Assignment. You may not assign or transfer these Terms or your account without our written consent, and any attempt to do so is void. We may assign these Terms in whole or in part to an affiliate or in connection with a merger, acquisition, financing, reorganization, or sale of assets. These Terms bind and benefit permitted successors and assigns.

Force majeure. Neither party is liable for a delay or failure to perform, other than a payment obligation, caused by an event beyond its reasonable control, including natural disaster, fire, flood, epidemic, war, terrorism, civil unrest, labor action, government action, utility or internet failure, cyberattack, or the failure of a third-party provider.

Severability and waiver. If a provision is found unenforceable, it will be modified only as much as needed to make it enforceable, or severed if it cannot be, and the rest of these Terms remain in effect. A failure or delay in enforcing a provision is not a waiver of it, and a waiver is effective only in writing.

Relationship and beneficiaries. The parties are independent contractors. Nothing here creates a partnership, joint venture, franchise, agency, or employment relationship. Apart from the indemnified parties named above, there are no third-party beneficiaries.

Interpretation. Headings are for convenience only. “Including” means “including without limitation.” These Terms will not be construed against the drafter.

Government users. The Service is a commercial item as defined in FAR 2.101. If you are a United States government entity, your rights are limited to those granted to every other customer under these Terms, consistent with FAR 12.211, FAR 12.212, and DFARS 227.7202 as applicable.

Language. These Terms are written in English, and the English version controls in any translation.