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Terms of Service

The agreement that governs your organization’s use of Breezy.Last updated October 28, 2026

These Terms of Service (this “Agreement”) are a binding contract between BURNING BUSH SOFTWARE CORPORATION, a Delaware corporation (“Breezy,” “we,” “us,” or “our”), and the business or other legal entity that accepts it (“Customer” or “you”). By clicking to accept this Agreement, signing or paying an Order Form that references it, or accessing or using the Services, Customer agrees to this Agreement. The individual accepting this Agreement on Customer’s behalf represents that they have the authority to bind Customer. If you do not have that authority, or do not agree to this Agreement, do not accept it or use the Services.

The Services are offered for business purposes only and not for personal, family, or household use.

1. Definitions

Capitalized terms have the meanings below or where they are first defined in this Agreement.

  • “Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control with a party, where “control” means ownership of more than 50% of the voting interests of the entity.
  • “Customer Data” means electronic data and information submitted by or for Customer to the Services, including information about Customer’s accounts, contacts, prospects, and customers. Customer Data excludes Non-Breezy Applications.
  • “Free Services” means Services we make available to Customer at no charge, including free plans, free trials, and beta, pilot, preview, or early-access features.
  • “Malicious Code” means code, files, scripts, agents, or programs intended to do harm, including viruses, worms, time bombs, and Trojan horses.
  • “Non-Breezy Application” means any software application, service, or data source provided by Customer or a third party that interoperates with the Services, such as email, calendar, messaging, and payment services.
  • “Order Form” means a quote, online checkout, in-product purchase flow, or other ordering document that specifies the Services Customer purchases, including any addenda.
  • “Purchased Services” means Services that Customer or its Affiliates purchase under an Order Form, as distinguished from Free Services.
  • “Services” means the Breezy sales management platform and related products and services that we make available to Customer, including Free Services, but excluding Non-Breezy Applications.
  • “Subscription Term” means the subscription period stated in an Order Form, including any renewal period.
  • “User” means an individual whom Customer authorizes to use the Services, such as Customer’s employees, consultants, and contractors.

2. The Services

2.1 Provision of Purchased Services. We shall make the Purchased Services available to Customer during each Subscription Term under this Agreement and the applicable Order Forms. Customer may permit its Users to use the Services solely for Customer’s internal business purposes.

2.2 Free Services. We may make Free Services available to Customer. Free Services may be subject to additional terms we provide, and we may modify, suspend, or discontinue them at any time, with or without notice. Customer Data entered into Free Services may be permanently lost unless Customer purchases a subscription before the Free Services end.

2.3 Changes to the Services. We may update and improve the Services from time to time. We shall not materially decrease the overall functionality of the Purchased Services during a Subscription Term.

2.4 Non-Breezy Applications. Customer’s use of a Non-Breezy Application is solely between Customer and its provider, and we do not warrant or support it. If Customer enables a Non-Breezy Application, Customer permits us to allow its provider to access Customer Data as needed for the application to interoperate with the Services. We are not responsible for any disclosure, modification, or deletion of Customer Data caused by that access.

3. Customer Responsibilities and Restrictions

3.1 Customer Responsibilities. Customer shall: (a) be responsible for its Users’ compliance with this Agreement; (b) be responsible for the accuracy, quality, and legality of Customer Data, how Customer obtained it, and Customer’s use of it with the Services; (c) use commercially reasonable efforts to prevent unauthorized access to the Services and notify us promptly of any such access; (d) use the Services only in accordance with this Agreement, our Acceptable Use Policy, and applicable law, including laws governing email, text messaging, telephone calls, and privacy, such as the CAN-SPAM Act and the Telephone Consumer Protection Act (“TCPA”), and with applicable carrier and CTIA messaging guidelines; (e) obtain, maintain, and keep records of all consents, authorizations, and notices required to collect Customer Data and to contact individuals through the Services; (f) when collecting consent to receive text messages sent through the Services, clearly and conspicuously disclose that messages are sent through Breezy and provide a link to our SMS / Messaging Terms; and (g) honor every opt-out request it receives, through any channel, promptly and within the time required by law.

3.2 Usage Restrictions. Customer shall not, and shall not permit any third party to: (a) make the Services available to anyone other than Customer and its Users, or sell, resell, license, sublicense, distribute, rent, or lease the Services; (b) use the Services to store or transmit infringing, defamatory, or otherwise unlawful material, or material that violates third-party privacy rights; (c) use the Services to store or transmit Malicious Code; (d) interfere with or disrupt the integrity or performance of the Services; (e) attempt to gain unauthorized access to the Services or related systems or networks; (f) access the Services in a way that circumvents a usage limit; (g) copy, modify, frame, mirror, or create derivative works of the Services; or (h) reverse engineer, decompile, or disassemble the Services, except to the extent applicable law expressly permits despite this limitation.

3.3 Competition and Benchmarking. Customer shall not access or use the Services: (a) to build or support a competitive product or service; (b) to copy any features, functions, user interfaces, or graphics of the Services; (c) to perform or publish any benchmark, performance, or comparative test or analysis of the Services, or to disclose the results of any such test or analysis; or (d) if Customer is, or is acting for, a direct competitor of ours, except with our prior written consent.

3.4 Message Recipients. Our SMS / Messaging Terms govern our relationship with the individuals who receive text messages sent through the Services. They are not part of this Agreement, and Customer is not a party to them. Customer’s messaging obligations are set out in this Agreement and our Acceptable Use Policy.

3.5 Opt-Out Processing. We shall process opt-out keywords (such as STOP) that recipients send in reply to messages sent through the Services, and we shall record in the Services any opt-out request a recipient sends to us directly. Customer is responsible for all other opt-out requests, including those Customer receives outside the Services, and shall record them in the Services promptly.

4. Fees and Payment

4.1 Fees. Customer shall pay all fees specified in its Order Forms. Except as this Agreement or an Order Form expressly states otherwise: (a) fees are based on the subscriptions purchased and not on actual usage; (b) payment obligations are non-cancelable, and fees paid are non-refundable; and (c) quantities purchased cannot be decreased during the applicable Subscription Term.

4.2 Invoicing and Payment. If Customer provides a credit card or other payment method, Customer authorizes us and our payment processor, Stripe, to charge it for all fees in advance for the initial Subscription Term and each renewal, and Customer shall keep that payment information current. If an Order Form provides for payment by invoice, we shall invoice Customer in advance, and invoiced fees are due net 30 days from the invoice date unless the Order Form states otherwise. Customer shall provide complete and accurate billing and contact information and promptly notify us of any changes.

4.3 Suspension for Non-Payment. If any undisputed amount Customer owes is 30 or more days overdue, we may, without limiting our other rights and remedies, suspend the Services until that amount is paid in full. We shall give Customer at least 10 days’ prior notice that its account is overdue before suspending the Services.

4.4 Payment Disputes. We shall not suspend the Services under Section 4.3 while Customer is disputing the applicable charges reasonably and in good faith and is cooperating diligently to resolve the dispute. Customer shall notify us of any dispute in writing, with reasonable detail, and shall pay all undisputed amounts when due.

4.5 Setoff and Collection. To the extent permitted by law, we may: (a) collect any amount Customer owes us from any payment method on file or any account Customer has with us; and (b) set off any amount Customer owes us against any reserves, deposits, refunds, or credits that we hold for or owe to Customer. Customer shall reimburse our reasonable costs, including reasonable attorneys’ fees, of collecting undisputed past-due amounts.

4.6 Taxes. Fees do not include taxes, levies, duties, or similar governmental assessments (“Taxes”). Customer is responsible for all Taxes associated with its purchases, other than Taxes based on our net income, property, or employees.

5. Term, Renewal, Termination, and Suspension

5.1 Term of Agreement. This Agreement begins when Customer first accepts it and continues until all subscriptions under it have expired or been terminated. If Customer uses only Free Services, this Agreement continues until terminated.

5.2 Automatic Renewal. Each subscription begins on the start date in the applicable Order Form and continues for the stated Subscription Term. Unless an Order Form states otherwise, each subscription automatically renews for successive periods equal to the expiring Subscription Term, unless Customer turns off automatic renewal as described in Section 5.3. We shall charge Customer’s payment method, or invoice Customer, at the start of each renewal period.

5.3 Turning Off Automatic Renewal. Customer may prevent a subscription from renewing by turning off automatic renewal in the billing section of its account settings at any time before the end of the then-current Subscription Term. No other notice of non-renewal is required. Customer retains access to the Purchased Services through the end of the then-current Subscription Term, and we shall not provide any refund or credit for the remainder of that term. If Customer cannot access its account settings, Customer may email support@mybreezy.app before the end of the Subscription Term, and we shall turn off automatic renewal on Customer’s behalf.

5.4 Renewal Pricing. Pricing for a renewal period will be the same as for the prior Subscription Term, unless we notify Customer of a price increase at least 30 days before the end of the then-current Subscription Term, in which case the increase takes effect on renewal. This Section 5.4 does not apply where Customer and we have a separate written agreement on pricing, such as a pricing commitment in an Order Form; that agreement controls. Promotional and one-time discounts do not apply to renewals unless the Order Form says so.

5.5 Termination for Cause. Either party may terminate this Agreement for cause: (a) on 30 days’ written notice to the other party of a material breach, if the breach remains uncured at the end of that period; or (b) immediately on written notice, if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation, or assignment for the benefit of creditors.

5.6 Termination of Free Services. We may terminate Customer’s access to Free Services at any time, for any reason, with or without notice. Customer may stop using Free Services at any time.

5.7 Refund or Payment on Termination. If Customer terminates this Agreement under Section 5.5 for our breach, we shall refund any prepaid fees covering the remainder of the term of all Order Forms after the effective date of termination. If we terminate this Agreement under Section 5.5 for Customer’s breach, Customer shall pay any unpaid fees covering the remainder of the term of all Order Forms, which become due immediately. Termination does not relieve Customer of its obligation to pay fees for the period before the effective date of termination.

5.8 Suspension. We may suspend Customer’s or any User’s access to all or part of the Services if we reasonably determine that suspension is necessary to address an actual or threatened risk to the security, integrity, or availability of the Services, our systems, or any other customer’s data. We shall use reasonable efforts to notify Customer before suspending access, unless prior notice is prohibited by law or would be impractical or worsen the risk, and we shall restore access promptly once the issue is resolved. Suspension does not relieve Customer of its payment obligations.

5.9 Customer Data After Termination. For 30 days after the termination or expiration of the Purchased Services, we shall make Customer Data available to Customer for export on request. After that period, we have no obligation to keep Customer Data and shall delete it as described in our Privacy Policy.

5.10 Survival. Sections 4 (Fees and Payment), 5.7 through 5.10, 6 (Proprietary Rights and Licenses), 7 (Confidentiality), 9.5 and 9.6 (Disclaimers), 10 (Indemnification), 11 (Limitation of Liability), and 13 (General), and any other provision that by its nature should survive, survive any termination or expiration of this Agreement.

6. Proprietary Rights and Licenses

6.1 Reservation of Rights. We and our licensors own all right, title, and interest in and to the Services, including all related intellectual property rights. We grant Customer no rights other than those expressly stated in this Agreement.

6.2 Customer Data. As between the parties, Customer owns all Customer Data. Customer grants us and our Affiliates a worldwide, non-exclusive license, for the term of this Agreement, to host, copy, use, transmit, and display Customer Data as reasonably necessary to provide, secure, and support the Services and as otherwise permitted by this Agreement. We shall not use Customer Data to train generalized artificial intelligence or machine learning models.

6.3 Feedback. If Customer or its Users provide suggestions, ideas, enhancement requests, recommendations, or other feedback relating to the Services (“Feedback”), Customer grants us and our Affiliates a worldwide, perpetual, irrevocable, royalty-free, fully paid-up, transferable, and sublicensable (through multiple tiers) license to use, copy, modify, create derivative works of, distribute, display, perform, disclose, commercialize, and otherwise exploit the Feedback in any manner and for any purpose, including by incorporating it into the Services, without restriction, attribution, or compensation to Customer. We have no obligation to use any Feedback, and Feedback is not Customer’s Confidential Information.

6.4 Publicity. We may identify Customer as a Breezy customer, including by using Customer’s name and logo on our website, in customer lists, and in marketing materials, consistent with any trademark guidelines Customer provides to us. Customer may opt out at any time by emailing legal@mybreezy.app. We shall remove Customer’s name and logo from materials we control within 30 days of the request but are not required to recall materials already distributed.

7. Confidentiality

7.1 Definition. “Confidential Information” means all information disclosed by one party (the “Disclosing Party”) to the other (the “Receiving Party”), in any form, that is designated as confidential or that reasonably should be understood to be confidential given its nature and the circumstances of disclosure. Customer’s Confidential Information includes Customer Data. Our Confidential Information includes the Services and the pricing in Order Forms. Confidential Information does not include information that: (a) is or becomes publicly available without breach of any obligation owed to the Disclosing Party; (b) was known to the Receiving Party before disclosure without breach of any obligation owed to the Disclosing Party; (c) is received from a third party without breach of any obligation owed to the Disclosing Party; or (d) is independently developed by the Receiving Party without use of the Disclosing Party’s Confidential Information.

7.2 Protection. The Receiving Party shall: (a) protect the Disclosing Party’s Confidential Information with at least the same degree of care it uses for its own confidential information of a similar kind, and never less than reasonable care; (b) use it only to exercise its rights and perform its obligations under this Agreement; and (c) limit access to its and its Affiliates’ employees, contractors, and advisors who need that access for those purposes and who are bound by confidentiality obligations at least as protective as those in this Agreement. Either party may disclose the terms of this Agreement in confidence to actual or prospective investors, lenders, and acquirers and to its legal and financial advisors.

7.3 Compelled Disclosure. The Receiving Party may disclose Confidential Information if required by law, provided that it gives the Disclosing Party prior notice, to the extent legally permitted, and reasonable assistance, at the Disclosing Party’s cost, if the Disclosing Party wishes to contest the disclosure.

7.4 Equitable Relief. A breach of this Section 7 may cause the Disclosing Party irreparable harm for which monetary damages would be inadequate. The Disclosing Party may seek injunctive or other equitable relief, in addition to any other remedies available to it.

8. Data Protection and Security

8.1 Privacy Policy. Our Privacy Policy, which is incorporated into this Agreement by reference, describes how we collect, use, and share personal information. To the extent Customer Data includes personal information, we shall process it as Customer’s service provider and only to provide the Services in accordance with this Agreement and Customer’s lawful instructions.

8.2 Data Processing Addendum. If Customer requires a data processing addendum (“DPA”), Customer may request one by emailing privacy@mybreezy.app. Once executed, the DPA forms part of this Agreement and controls with respect to the processing of personal information in Customer Data.

8.3 Security. We shall maintain administrative, physical, and technical safeguards designed to protect the security, confidentiality, and integrity of Customer Data.

8.4 Sensitive Data. Unless we agree otherwise in writing, Customer shall not submit to the Services protected health information under HIPAA, payment card data, government identification numbers, or other information subject to heightened legal protection.

9. Warranties and Disclaimers

9.1 Mutual Warranties. Each party warrants that it has validly entered into this Agreement and has the legal power to do so.

9.2 Our Warranties. We warrant that, during each Subscription Term: (a) the Purchased Services will perform in a manner consistent with generally accepted industry standards; and (b) we shall not knowingly introduce Malicious Code into the Purchased Services. These warranties do not apply to Free Services or to problems caused by Non-Breezy Applications or by use of the Services in breach of this Agreement.

9.3 Warranty Remedies. Customer must notify us in writing of any breach of a warranty in Section 9.2, with reasonable detail, during the applicable Subscription Term. We then have 60 days from receipt of that notice to cure the breach. If we do not cure it within that period, either party may terminate the affected Purchased Services on written notice, and we shall refund any prepaid fees covering the remainder of the Subscription Term for those Services after the effective date of termination. This Section 9.3 states Customer’s exclusive remedy, and our entire liability, for breach of the warranties in Section 9.2.

9.4 AI Features. Some features of the Services use artificial intelligence to generate summaries, drafts, recommendations, and other output. Output may be inaccurate or incomplete. Customer is responsible for reviewing output before relying on it or sending it to anyone.

9.5 Free Services. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, FREE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTY OF ANY KIND, AND WE HAVE NO INDEMNIFICATION OBLIGATIONS FOR FREE SERVICES.

9.6 Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, NEITHER PARTY MAKES ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, AND EACH PARTY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

10. Indemnification

10.1 Indemnification by Us. We shall defend Customer against any claim, demand, suit, or proceeding made or brought by a third party alleging that the Purchased Services, as used in accordance with this Agreement, infringe or misappropriate that third party’s intellectual property rights (a “Claim Against Customer”). We shall indemnify Customer from any damages, reasonable attorneys’ fees, and costs finally awarded against Customer as a result of a Claim Against Customer, and any amounts Customer pays under a settlement we approve in writing.

10.2 Exclusions. We have no obligation under Section 10.1 for any claim to the extent it arises from: (a) Free Services; (b) Customer Data or Non-Breezy Applications; (c) the combination of the Services with any hardware, software, data, or process not provided by us, if the claim would not have arisen but for that combination; (d) any modification of the Services not made by us; or (e) use of the Services in breach of this Agreement.

10.3 Mitigation. If we receive information about an infringement or misappropriation claim related to the Purchased Services, we may, at our option and at no cost to Customer: (a) modify the Services so that they are no longer claimed to infringe or misappropriate, without breaching our warranties in Section 9.2; (b) obtain a license for Customer’s continued use of the Services; or (c) if neither option is commercially reasonable, terminate Customer’s subscription to the affected Services on 30 days’ written notice and refund any prepaid fees covering the remainder of the Subscription Term after the effective date of termination.

10.4 Indemnification by Customer. Customer shall defend us, our Affiliates, and our and their officers, directors, employees, and agents against any claim, demand, suit, or proceeding made or brought by a third party (a “Claim Against Us”) arising out of or relating to:

  • Customer Data, including any claim that Customer Data, or our use of it in accordance with this Agreement, infringes or misappropriates any intellectual property right or violates any privacy or other right or law;
  • Customer’s or its Users’ use of the Services in an unlawful manner or in breach of this Agreement or our Acceptable Use Policy;
  • any email, text message, call, or other communication sent by or for Customer through the Services, including claims under the TCPA, the CAN-SPAM Act, and state telemarketing, anti-spam, and consumer protection laws, and claims that Customer lacked any required consent;
  • any content, materials, or instructions provided by Customer or its Users;
  • any Non-Breezy Application that Customer uses with the Services;
  • any dispute between Customer and its own customers, contacts, or Users; or
  • Customer’s use of Free Services.

Customer shall indemnify us from any damages, reasonable attorneys’ fees, and costs finally awarded against us as a result of a Claim Against Us, and any amounts we pay under a settlement Customer approves in writing. Customer’s obligations under this Section 10.4 do not apply to the extent a Claim Against Us is caused by our failure to process an opt-out request as required by Section 3.5.

10.5 Procedure. As a condition of indemnification, the party seeking it must: (a) give the indemnifying party written notice of the claim within 30 days after first receiving notice of it; (b) give the indemnifying party sole control of the defense and settlement of the claim, except that the indemnifying party may not settle any claim without the indemnified party’s consent unless the settlement unconditionally releases the indemnified party of all liability; and (c) give the indemnifying party all reasonable assistance, at the indemnifying party’s expense.

10.6 Exclusive Remedy. This Section 10 states the indemnifying party’s sole liability to, and the indemnified party’s exclusive remedy against, the other party for any third-party claim described in this Section 10.

11. Limitation of Liability

11.1 Limitation of Liability. IN NO EVENT SHALL EITHER PARTY’S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT, OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE TOTAL AMOUNT PAID AND PAYABLE BY CUSTOMER UNDER THIS AGREEMENT IN THE 12 MONTHS PRECEDING THE FIRST INCIDENT OUT OF WHICH THE LIABILITY AROSE. THIS LIMITATION DOES NOT LIMIT CUSTOMER’S PAYMENT OBLIGATIONS UNDER SECTIONS 4 AND 5.7.

11.2 Exclusion of Consequential Damages. IN NO EVENT SHALL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER PARTY FOR ANY LOST PROFITS, REVENUES, OR GOODWILL, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER, BUSINESS INTERRUPTION, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT, TORT, OR UNDER ANY OTHER THEORY OF LIABILITY, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

11.3 Free Services. NOTWITHSTANDING SECTION 11.1, OUR TOTAL LIABILITY ARISING OUT OF OR RELATED TO FREE SERVICES SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100). NOTWITHSTANDING ANY LIMITATION IN THIS SECTION 11, CUSTOMER SHALL BE FULLY LIABLE FOR ANY DAMAGES ARISING OUT OF CUSTOMER’S OR ITS USERS’ USE OF FREE SERVICES AND ANY BREACH OF THIS AGREEMENT IN CONNECTION WITH THAT USE.

11.4 Exceptions. THE LIMITATIONS IN SECTIONS 11.1 AND 11.2 DO NOT APPLY TO CUSTOMER’S OBLIGATIONS UNDER SECTION 10.4, CUSTOMER’S BREACH OF SECTION 3.2 OR 3.3, OR ANY LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.

12. Changes to This Agreement

We may modify this Agreement, in whole or in part, by posting a revised version at mybreezy.app/legal/terms and updating the “Last updated” date. The revised version takes effect on the next business day after it is posted. We shall use reasonable efforts to notify Customer of material changes by email or through the Services.

If Customer objects to a revised version by written notice to legal@mybreezy.app within 30 days after it is posted, the version in effect immediately before the revision continues to govern Customer’s Purchased Services until the end of the then-current Subscription Term, and the revised version applies on renewal. Otherwise, Customer’s continued use of the Services after the revised version takes effect constitutes acceptance of it. The right to object does not apply to Free Services, for which the revised version applies when it takes effect.

13. General

13.1 Governing Law and Venue. This Agreement is governed by the laws of the State of California, United States, without regard to its conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Each party consents to the exclusive jurisdiction and venue of the state and federal courts located in Los Angeles County, California, for any dispute arising out of or relating to this Agreement.

13.2 Assignment and Change of Control. Neither party may assign this Agreement without the other party’s prior written consent, which shall not be unreasonably withheld. However, either party may assign this Agreement in its entirety, including all Order Forms, without consent, to an Affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. If a party is acquired by, sells substantially all of its assets to, or undergoes a change of control in favor of a direct competitor of the other party, the other party may terminate this Agreement on written notice within 60 days after learning of the transaction, and we shall refund Customer any prepaid fees covering the remainder of the term of all Order Forms after the effective date of termination. Any attempted assignment in breach of this Section 13.2 is void. This Agreement binds and benefits the parties and their permitted successors and assigns.

13.3 Relationship of the Parties. The parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the parties.

13.4 Notices. We may give Customer notice by email to the account owner or administrator or through the Services. Customer must send legal notices to us at legal@mybreezy.app. Notices are effective when received.

13.5 Force Majeure. Neither party is liable for any delay or failure to perform caused by events beyond its reasonable control, such as natural disasters, acts of government, labor disputes, internet or utility failures, or attacks on networks. This Section 13.5 does not excuse Customer’s payment obligations.

13.6 Export Compliance. Each party shall comply with all applicable export control and economic sanctions laws. Customer shall not permit access to the Services by anyone in a U.S.-embargoed country or region or on a U.S. government restricted-party list.

13.7 Entire Agreement and Order of Precedence. This Agreement, including all Order Forms and the policies it references (our Privacy Policy, Acceptable Use Policy, Refund & Cancellation Policy, and, where applicable, Referral Commission Terms), is the entire agreement between the parties on its subject matter and supersedes all prior or contemporaneous agreements and understandings. If there is a conflict, the following order of precedence applies: (a) an Order Form; (b) a DPA, with respect to personal information; (c) this Agreement; and (d) the referenced policies, except that the Referral Commission Terms control with respect to referral commissions. Terms in any Customer purchase order or other business form are void and have no effect.

13.8 Severability and Waiver. If any provision of this Agreement is held unenforceable, it shall be enforced to the maximum extent permissible, and the remaining provisions remain in full force and effect. No failure or delay in exercising any right is a waiver of that right.

13.9 No Third-Party Beneficiaries. There are no third-party beneficiaries of this Agreement, except the persons entitled to indemnification under Section 10.4.

13.10 Interpretation. Headings are for convenience only. The word “including” means “including without limitation.”

Questions about this policy? Contact us.