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Terms and Conditions

These Terms and Conditions ("Terms") from a legally binding agreement between you (the “Customer’s” or “You”, “Your”) and PowerDNS.com Inc. (“Provider”, “we”, “our” or “us”), including binding arbitration as well as waivers regarding jury trials and mass/class action (section M.). These Terms govern Customer’s license and use of the PowerDNS Authoritative Essentials on-premise software (the “Software”) and related support and updates (together, the “Service”). It is imperative that you read them carefully before agreeing and using the Service. If you do not agree with any part of these Terms, you should refrain from subscribing to and using the Service.
By completing the subscription workflow and using the Software, Customer agrees to be bound by these Terms. If You do not agree, You should refrain from completing the subscription flow and installing or using the Software.


A. Contracting
a. Eligibility. To be eligible to subscribe to the Service, you must be a business entity or an individual acting in a business capacity, including sole proprietors and entrepreneurs. The Service is strictly intended for business and professional use and is not available for private or personal purposes. By accepting these Terms, you warrant that you are acting on behalf of a business, not for personal use. The Software may not be used in environments where failure or fault of the DNS system could lead to death or injury of any person or to physical or environmental damages. We hereby object to and do not accept any subscription to our Service by persons, organizations, companies or any legal entities, including affiliates, which are involved or suspected of involvement in activities or causes relating to illegal gambling; terrorism; narcotics trafficking; arms trafficking or proliferation, -development, design, manufacture, production, stockpiling, or use of nuclear, chemical or biological weapons, as well as weapons of mass destruction or missiles; this applies to any affiliation or part taking in such activities whatsoever; multi-level-marketing; credit repair; list brokers or -rental services; pharmaceutical products; or social media related publicity services like selling retweets, fake-users, likes, and comparable measures.

b.Contracting. The contract becomes effective once you provide the required information, accept these Terms by ticking the respective checkbox, and successfully proceed through the subscription and checkout workflow (the “Order Flow”). By completing these actions, you enter into a binding contract with us and agree to comply with the Terms and to make timely payments as indicated in the Order Flow.

c. Scope of Agreement. This agreement, together with the specific terms of the subscription as provided for or referenced in the Order Flow, govern Customer’s licensed use of the on-premise Software, its components, updates, and any documentation we provide. Additional terms may apply to third-party or open-source components bundled with the Software; in case of conflict, such component-specific terms prevail. There may be separate terms and conditions for such software, which will prevail in case of any conflict with these Terms.

d. Chargeable Enhancements. We may offer additional features or enhanced allowances at extra cost. These enhancements may have different billing cycles and specific contract terms and will require separate consent for activation. Unless provided for otherwise, any chargeable enhancement co-terminates with the subscription itself.

e. Messaging. We may contact you regarding product updates, patches, security advisories, support matters, feature changes and commercial information relevant to the Software. These communications may be made through email, phone, or other contact details you provide. By completing the Order Flow, you consent to receive such communications, which are an integral aspect of your use of the Software

 

B. Fees, Billing, and Payment

a. Fees. The fees for the Service are outlined on the subscription pages and during the Order Flow and may vary based on tiers, features, deployment size, or permitted domain/zone counts selected during the Order Flow. Fees are subject to change at any time, with any new pricing taking effect upon the renewal of your subscription. We will provide notice of fee changes via email, in the subscription management portal, or elsewhere within the Service. All fees are non-refundable, regardless of actual usage.

b. Invoices & Payment Details. Invoices will be issued and sent via email. Physical invoices are not available. Invoices are issued to the person or entity and address provided by Customer. It is Customer's responsibility to ensure that the relevant details are accurate and always up-to-date. Customer must also keep payment details current and ensure the payment method has sufficient funds. Additional costs incurred due to failed payments will be borne by Customer. Payment failures may result in license and support suspension.

c. Taxes, Fees, Surcharges. Customer is responsible for all applicable taxes, including sales tax, value-added tax (VAT), or other similar taxes and charges imposed by authorities. Any applicable sales tax will be added to the invoice as a separate line item and shown in the order process. Additional surcharges may apply depending on the jurisdiction. Compliance with all applicable tax obligations is Customer's responsibility.

d. Payment date. Fees must be paid in advance using one of the payment methods available in the Service, which are subject to change. If payment is not successful, we reserve the right to suspend the license and support until payment is received, or to terminate in accordance with these Terms.

e. Payment disputes / Chargebacks. Customer may dispute an invoice or payment by providing notice giving detail of the grounds for dispute to our customer care channel (https://inc.powerdns.com/contact-us) within 15 days of the disputed event. If our customer care does not resolve the matter within 10 days after Customer’s notice has been received, Customer may escalate through the dispute resolution procedure outlined in Section M; Costs incurred due to unjustified chargebacks or non-compliance with this section will be borne by Customer.

 

C. Software and Service Description

a. Nature of Service. PowerDNS Authoritative Essentials is on-premise authoritative DNS server software deployed and operated by Customer within Customer’s own infrastructure. Provider does not host Customer’s DNS zones, does not provide DNS availability, and has no operational control over Customer’s DNS configuration or environment.

b. Updates. During the subscription period, Customer is entitled to updates, bug fixes, patches, and improvements we publish for the Software. We do not guarantee availability of any specific future feature.

c. Support. The subscription includes email support for PowerDNS Authoritative Server and ZoneControl during 9:00am – 6:00pm CET/EDT (respective time zone according to the product offering) on business days (the “Support Time”). Provider will answer the support requests within eight hours during the Support Time. Provider will answer the support requests within eight hours during the Support Time. For the avoidance of doubt, the deadline only applies during business hours, so you might expect a response on the next business day.

We do not provide:

  • On-site support

  • Management or operation of Customer’s DNS

  • Legal or regulatory compliance consulting

Support is provided on a reasonable-effort basis with no guaranteed restoration or resolution times.

d. Modifications, Suspension, Discontinuation. We may modify or discontinue parts of the Software or Service. If a material modification significantly reduces core functionality, Customer may terminate within 30 days of notice and receive a refund of unused prepaid fees.

e. No Hosting or Availability Guarantees. Because the Software is operated solely by Customer, we make no warranties or commitments regarding:

  • uptime or availability of DNS resolution;
  • integrity or performance of Customer’s deployment environment;
  • reliability of Customer’s hardware, networks, or operational processes.

f. Third-Party Integrations. Use of third-party components, libraries, or integrations is subject to their terms. Provider is not responsible for the availability or functioning of third-party systems.

 

D. Subscription Terms

a. Renewals. Subscriptions renew automatically at the end of each billing cycle at then-current conditions (which may vary from the conditions of the previous billing cycle), unless Customer provides notice of non-renewal at least one day before renewal. The first item ordered by Customer determines the billing cycle of all items ordered thereunder; all additional items and enhancements subsequently ordered will share the first item’s subscription term and billing cycle; any applicable fees being pro-rated accordingly; any renewals occurring when the first item renews; a termination of the initial item leading to co-termination of any subsequently added items. Notices of non-renewal must be submitted through the subscription management module within the Service. Additional conditions outlined in the Order Flow may apply. We will inform Customer about planned changes to the renewal conditions within the Service and/or via email in due time.

b. License Suspension. If Customer fails to pay fees or materially breaches these Terms, we may suspend the license and support obligations. Suspension has no effect on already-installed software except withdrawal of rights. During suspension, all applicable fees remain due and payable, and are non-refundable. Suspension will be lifted if and when the outstanding payment has been made or the breach (or alleged breach) is resolved, unless we terminate the subscription for Customer’s breach or non-payment in our sole discretion.

c. Termination by Customer. Customer may terminate their subscription at the end of the subscription term by giving notice as described under subsection a. above. Additionally, Customer may terminate for material breach by us if the breach is not cured within 30 days after notice. In such cases, unused prepaid fees are refundable. Termination for convenience is not permitted, except for Customer’s cancellation of any free trial.

d. Termination by Provider. We reserve the right to terminate in the following circumstances:
(1) Non-Payment: If Customer fails to pay within the specified period or any voluntary grace period given by us.
(2) Breach by Customer: If Customer or an assigned user is in breach of these Terms or applicable law.
(3) Discontinuation or Transfer of Business: If we discontinue the Service or transfer our business or certain assets to another entity.
(4) Insolvency: If Customer or we become insolvent or undergoes bankruptcy proceedings.
(5) Domain License Cessation: If Customer's license to use the sub-domain or our license to use the domain or sub-domain ceases.
(6) Third-Party IP Claim: If a third party alleges or claims that the Service infringes upon a third party’s intellectual property rights.

e. Consequences of Termination. Upon termination or expiry:

  • Customer’s license to use the commercial Software components automatically cease.
  • Customer must uninstall or cease all use of the commercial Software components.
  • Update and support rights end.
  • Provider has no obligation to delete or handle Customer DNS data, as all such data is stored solely within Customer’s systems.

f. Modification of T&Cs. We reserve the right to modify these Terms by posting an updated version at https://inc.powerdns.com/terms and if posted in this manner, the modified Terms shall be effective immediately upon posting such notice. We will inform you about a planned modification by giving at least 30 days’ notice prior to the effective date of the respective change. Changes without operational or commercial impact do not incur a termination right for Customer. For changes with significant impact on operations, or on the commercial agreement, the Customer may terminate within 30 days after receiving the notification by giving written notice, in which case unused prepaid fees are refundable.

h. No termination damages. Customer cannot claim damages, separation damages, penalties or take other recourse for Provider’s termination or suspension or for Customer’s termination in accordance with the terms above.

 

E. Licenses Grant and Restrictions.

a. Grant of Rights. During the active subscription term and subject to these Terms and the usage limits according to the selected plan, Provider grants Customer, a non-exclusive, non-transferable, non-sublicensable license to install and use the commercial Software components to (i) provide Customer’s services, (ii) authorize its end customers that have executed a service agreement with Customer to access and use the commercial Software components solely in connection with receiving the Customer’s services, (iii) demonstrate the operation and capabilities of the commercial Software components to prospective end customers and (iv) use commercial Software components as necessary to provide maintenance and support services to its end customers or (v)to operate a domain name service serving Customer’s internal infrastructure devices and devices used by Customer’s employees for internal business purposes only; thus excluding usage for end customers’ devices’ queries resulting from their use of Customer’s services.

b. Restrictions. Except as expressly permitted in these Terms, Customer shall not (and shall not allow or authorize any third party to): (i) decompile, disassemble, reverse engineer or attempt to re-construct, identify or discover any source code, underlying ideas, underlying user interface techniques or algorithms of any portion of the Software that is provided to Customer in object code form (unless permitted by applicable law or a deviating applicable open source software license); (ii) modify or create derivative works of the commercial components of the Software, in whole or in part, (iii) incorporate, embed or bundle the commercial components of the Software, in whole or in part, with or into another product or other computer software code or permit any third party to use the commercial components of the Software other than in connection with and as a part of the Customer’s services, (iv) copy or reproduce the commercial components of the Software, in whole or in part, other than a reasonable number of back-up copies, (v) remove, alter, cover or obscure any proprietary rights notice, copyright notice or any other notice or Provider mark that appears on or within the commercial components of the Software; or (vi) disclose results of any benchmark tests without Provider’s prior written consent.

 

F. Default

a. Invoices / Payments. Customer is in default if payments are not made as specified in the Order Flow. Disputes about invoices, charges and payments must be raised by giving sufficient detail of the cause within 30 days, or otherwise they are deemed accepted. Acceptance of late payments does not waive future compliance.

b. Cost of Collection. Customer is responsible for all collection costs, including attorneys' and collection, as well as any other legal fees and expenses.

 

G. Customer Responsibilities

a. Customer Responsibility. Customer is fully responsible for installation, configuration, operation, and management of DNS zones, DNSSEC keys, signing policies, infrastructure, and any effects of DNS configuration choices.

b. Security. Customer must protect access to license keys, credentials, and update portals. Any configuration changes and support requests made with Customer’s credentials are considered authorized.

c. Data Backup. Provider does not back up or store any Customer DNS data and does not accept any liability for data loss. By using the Service, Customer acknowledges and agrees that we are not responsible for maintaining or backing up any data, and all risks related to data loss are borne by Customer. Customer is solely responsible for backing up:

  • zone files;
  • DNSSEC keys and metadata;
  • configuration files;
  • logs (if required).

e. Compliance. Customer must comply with all applicable laws, ordinances, regulations and other binding legal instruments governing the usage of the Software.

 

H. Representations and Warranties

Customer represents and warrants that it has the authority to enter into this agreement and to deploy and operate the Software in compliance with these Terms and all applicable laws.

THE SOFTWARE AND ALL SERVICES ARE PROVIDED BY PROVIDER AS IS AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PROVIDER DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, ORAL OR WRITTEN, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF NONIFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PROVIDER, ITS EMPLOYEES OR AGENTS SHALL CREATE ANY WARRANTIES.

Further, Provider does not represent or warrant that: (i) Software will meet Customer’s business requirements or any regulatory requirements specific to Customer’s envisioned use of it; (ii) Software will be error-free or uninterrupted or that the results obtained from its use will be accurate or reliable; or (iii) all deficiencies in Software can be found or corrected.

 

I. Indemnification

Customer agrees to indemnify, defend, and hold us harmless from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees and legal costs) arising out of or in connection with: (i) Customer's misuse of the Software; (ii) Customer’s DNS configuration choices; (iii) Customer’s domains or online activities; (iv) any breach by Customer or their users of these Terms; (v) any content uploaded, created, or received by Customer or their users using the Service; or (vi) any violation of applicable law or third-party rights, including intellectual property rights. This obligation will survive the termination or expiration of this agreement.

 

J. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY TO CUSTOMER FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THE USE OF THE SERVICE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE AMOUNT CUSTOMER HAS PAID TO US FOR THE SERVICE IN THE 12 MONTHS PRECEDING THE INCIDENT GIVING RISE TO THE CLAIM.

WE EXPRESSLY DISCLAIM LIABILITY FOR ANY DAMAGES RESULTING FROM:

  • ANY LOSS OR CORRUPTION OF DATA,
  • DNS OUTAGES,
  • MISCONFIGURATIONS

IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, REVENUE, BUSINESS, DATA, OR USE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER AGREES THAT THESE LIMITATIONS OF LIABILITY ARE AN ESSENTIAL PART OF THE AGREEMENT AND REFLECT THE ALLOCATION OF RISK BETWEEN THE PARTIES.

IF ANY JURISDICTION DOES NOT PERMIT THE LIMITATION OF LIABILITY AS STATED, OUR LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

 

K. Force Majeure
We shall not be liable, and Customer shall not have any recourse, for any failure or delay in performing our obligations under these Terms if such failure or delay is caused by events beyond our reasonable control. These events include, but are not limited to, natural disasters (such as floods, earthquakes, hurricanes), acts of war, terrorism, civil unrest, governmental actions, regulatory changes, network or power failures, epidemics or any other event that would make it impracticable or impossible for us to provide the Service. We will make reasonable efforts to notify Customers of any such force majeure event that impacts our ability to provide the Service.

 

L. Intellectual Property

a. Ownership. The Service, including but not limited to all software, code, algorithms, updates, improvements, modifications, and derivative works contained in it or made available for use with the Service, is and shall remain our exclusive property. All rights, title, and interest in and to the Service are reserved to us, except as expressly granted to Customer under these Terms.

b. License Grant. Subject to compliance with these Terms, we grant Customer a limited, non-exclusive, revocable, non-transferable license to access and use the Service solely for Customer’s internal business purposes. Any other use of the Service is strictly prohibited without our prior written consent.

c. Third-Party and Open-Source Software. Software may contain third party technology or components, which are licensed to Customer under separate license terms or under an Open Source software license (“Separate Terms”) and not under the terms of this Agreement, (together “Separately Licensed Third Party Technology”). The use of such components is governed by their respective licenses, copyright notices, and terms, which are available within the Service. By using the Service, Customer agrees to comply with all such third-party terms. In addition, Open Source licenses apply to the Software and nothing in this Agreement shall limit or restrict any of the rights, freedoms and licenses granted thereby. The licensee is granted a non-exclusive right of use for the Separately Licensed Third Party Technology by the respective right holders; the conditions stipulated by the respective valid Separate Terms apply. Customer’s rights to use (including without limitation the right to distribute) Separately Licensed PowerDNS.com, Inc. Third Party Technology under the Separate Terms are not restricted in any way by this Agreement. Provider shall inform Customer of all applicable Separate Terms, notices and other instructions that are related to Separately Licensed Third Party Technology that are included in Software and will provide such Separate Terms, notices and instructions in at least one of the following ways (i) automatically installed with the Software, programs or in the installation details, (ii) in the respective program documentation or read me files, or (iii) via a supplemental list set forth at https://www.powerdns.com/third-party-components-and-licenses. Customer shall comply with all Separate Terms, instructions and notices related to Separately Licensed Third Party Technology (if any) and shall reproduce all third party notices in an appropriate location in the application package and include any source code (to the extent source code is provided by Provider) as required by the applicable Separate Terms, notices or as otherwise directed by Provider.

d. Trademarks and Branding. All trademarks, service marks, logos, and branding associated with the Service are our exclusive property or the exclusive property of our subcontractors, partners or affiliates. Nothing in these Terms grants Customer any rights to use any of these trademarks or branding without prior written authorization.

e. Feedback and Suggestions. Any feedback, suggestions, recommendations, or ideas provided by Customer regarding improvements or modifications to the Service (“Feedback”) shall become our sole and exclusive property. Customer hereby assigns to us all rights, title, and interest in such Feedback without the need for any further action or compensation.

 

M. Reports and Audits

a. Customer’s Records. Customer will maintain complete records, contracts, and accounts regarding the usage of Software for Customer’s service during the subscription term and for one year after (a) the termination or expiration of this agreement; or (b) the last payment due under this agreement has been received by Provider (whichever is later).

b. Audit. No more than once per 12-month period, an independent certified public accountant selected by Provider may, upon 30 days’ advance written notice to Customer, and during Customer’s normal business hours, inspect the records of Customer related to its activities under this agreement. If, upon performing such audit, it is determined that Customer has underpaid Provider by an amount greater than five percent (5%) of the payments due to Provider in the period being audited, Customer will bear all reasonable expenses and costs of such audit in addition to its obligation to make full payment. Provider shall use commercially reasonable efforts to minimize any interference with Customer’s business while such audit is conducted.

 

N. Subpoena Policy

We may be required to disclose customer information to comply with a current judicial proceeding, a court order, subpoena or other lawful process served on us. It is our policy to notify Customer of any such requests, to the extent permitted by law, prior to disclosing the requested information. Customer accepts such notifications via email, and will be responsible to contest or reject such requests in their own responsibility and at their own cost. Customers are responsible for any costs incurred by us in responding to such requests, including reasonable administrative fees, attorney’s fees, and any other expenses, as far as the claimant does not reimburse us directly.

 

O. General

a. No Resale. The Service is provided exclusively for Customer's business use and may not be resold, sublicensed, or otherwise made available to third parties. This restriction does not prevent Customer from assigning individual accounts to their employees, contractors, advisors, or other individuals directly engaged in their business, provided that such use is solely for Customer's own purposes and not for the benefit of those third parties. Any unauthorized resale or distribution of the Service is strictly prohibited and may result in termination of the Service.

b. Assignment. Customer shall not assign their rights or obligations under these Terms without our prior written consent. We may assign our rights or obligations under these Terms freely, without restriction.

c. Novation/Transfer. We reserve the right to novate or otherwise transfer this agreement, including all rights and obligations, to another entity, such as in the case of a merger, acquisition, corporate restructuring, or a transfer of the business that includes this particular line of service. This includes transferring all account data, account content, and payment information. Customer agrees that by continuing to use the Service after such a transfer, they accept the new provider as a party to this agreement with the same rights and obligations as we had before the transfer. Reasonable notice of any such novation or transfer will be provided to Customer.

d. Notices. Notices of non-renewal and changes of contact data, payment details, and other information editable in the subscription management system of the Service are to be submitted only by these means. Customer shall transmit other legal and contractual notices via certified registered post mail to us, with a copy to [contract@pdns-inc.com](mailto\:contract@pdns-inc.com). We may issue notices of any kind to Customer via their primary email account, by post, or as a display message within the Service. Customer care interactions are meant for convenience and to deal with technical questions only; any notices provided through customer care channels are not legally binding, except as provided for otherwise herein.

e. Internal Escalation. In the event of any dispute, controversy, or claim arising out of or relating to this agreement, including any question regarding its existence, validity, or termination, (each a “Dispute”) the parties agree to follow this binding escalation procedure before initiating any arbitration or litigation: The aggrieved party shall provide written notice to the other party, detailing the nature of the Dispute and any proposed resolution (“Notice of Dispute”). Upon receipt of the Notice of Dispute, senior representatives from each party shall meet in good faith to negotiate and attempt to resolve the Dispute within 20 business days. Such representatives shall have the authority to settle the Dispute on behalf of their respective parties. Compliance with this escalation procedure is a binding condition precedent to commencing any formal arbitration or litigation proceedings, except where interim relief or urgent injunctive relief is sought and such steps are impracticable. Any failure to comply with this clause shall bar the initiation of formal proceedings until the escalation steps are completed. All discussions and negotiations under this Escalation Procedure shall be conducted on a confidential, without-prejudice basis and shall not be admissible in subsequent proceedings.

f. Binding Arbitration. Any dispute, controversy, or claim between Customer and us including any parents, subsidiaries, affiliates, officers, directors, employees, or agents of either party, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, or any other intentional tort) or other legal or equitable theory, including those arising out of or relating to the subscription, and these Terms, their validity, breach, or termination, SHALL BE RESOLVED BY BINDING ARBITRATION – RATHER THAN BY LITIGATION IN COURT. The arbitration shall be conducted by a neutral arbitrator in accordance with the rules of the American Arbitration Association (AAA) in New York City.

Any award arising out of such arbitration shall be subject to entry as a judgment by any court of competent jurisdiction in the United States. Any action to confirm or vacate such an award must be brought in a federal court of competent jurisdiction located in New York. You consent to personal jurisdiction and venue in such courts, and you waive any challenge to personal jurisdiction or venue in such courts. You further agree that we shall be entitled to collect our attorneys' fees, costs and other expenses in the event that we act to enforce this arbitration and forum selection clause, regardless of whether we prevail in the underlying action. The final award in any such arbitration proceeding shall be subject to entry as a judgment by any court of competent jurisdiction, provided that such judgment does not conflict with the terms and provisions hereof. The jurisdiction of the arbiter (or arbiters) with respect to legal matters shall be limited only by the laws of the State of New York.

(1) Opt-Out Procedure: Customer has the right to opt out of binding arbitration by giving written notice within 30 days of first accepting these Terms. To opt out, Customer must sign and send a written notice to Open-Xchange, Inc., Attn: Legal Dptm., 228 Hamilton Avenue, Third Floor, Palo Alto, CA94301, USA, identifying Customer and the contract it refers to, together with a clear message of their decision to opt out of binding arbitration.

(2) Public Court Exception: In cases where the arbitration agreement is not binding or is not enforceable or where Customer has opted out, the dispute shall be resolved in a federal court of competent jurisdiction located in New York, USA.

(3) Any opt-out issued by Customer under this clause will survive any modification of these Terms, and will also remain effective if Customer decides to renew the subscription. However, the opt-out given hereunder is not effective in relation to any new or separate agreement that Customer enters into with us.

g. Notwithstanding the provisions of Section f, if you fail to timely pay amounts due we may assign your account for collection and the collections agency may pursue such claims in court limited strictly to the collection of the past due debt and any interest or cost of collection permitted by Law or this agreement.

h. Nothing in Section f shall preclude us from: (i) seeking and obtaining any injunctive relief or attachment and expedited discovery or other equitable relief to enforce the terms of this agreement or to remedy a breach thereof, or (ii) bringing an action to enforce this agreement or the provisions hereof in the event AAA will not or cannot arbitrate a particular dispute. Any action under this section h. may be brought in a federal court of competent jurisdiction located in New York, USA, and each party consents to the in personal jurisdiction of such Courts for the purpose of any such action or proceeding. Each party hereby waives all rights it has or which may hereafter arise to contest such exclusive jurisdiction of a federal court of competent jurisdiction located in New York, USA.

i. Jury Waiver. To the fullest extent permitted by law, in addition to the foregoing, YOU HEREBY AGREE THAT AS A PART OF THE CONSIDERATION FOR THIS AGREEMENT, YOU WAIVE THE RIGHT TO A TRIAL BY JURY FOR ANY DISPUTE ARISING BETWEEN YOU AND US THAT IS IN ANY WAY RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT, and that such waiver shall be enforceable up to and including the day that trial is to start, and even if the arbitration provisions of this paragraph are waived.

j. Class/Mass Action Waiver. Neither you nor we may be a representative of other potential claimants or a class of potential claimants in any dispute concerning or relating to the subject matter of this agreement, nor may two or more individuals' disputes be consolidated or otherwise determined in one proceeding. YOU AND WE ACKNOWLEDGE THAT THIS SECTION i. WAIVES ANY RIGHT TO PARTICIPATION AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLASS ACTION. This waiver is an essential part of the agreement and is intended to ensure that all disputes are resolved solely between the parties involved.

k. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of act arising out of or related to use of the Service or this agreement must be filed within one year after such claim or cause of action arose or be forever barred.

l. Export Control. Customer agrees to comply with all applicable export control and sanctions laws and regulations, including, without limitation, those of the United States and the European Union. Customer shall not, directly or indirectly, use, transfer, export, or re-export any products, services, or technical data provided by us in violation of any applicable export control laws or sanctions, including but not limited to U.S. Export Administration Regulations (EAR) and EU sanctions regulations. This includes ensuring that our products or services are not provided to any sanctioned country, entity, or individual without the appropriate governmental authorization.

 

P. Miscellaneous.

a. Severability. If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such provision shall be modified to reflect the parties' intention as closely as possible while remaining enforceable, or, if that is not possible, shall be deemed omitted. The remaining provisions shall continue in full force and effect.

b. Entire Agreement. These Terms, together with the details given in the subscription process, and any referenced policies, constitute the entire agreement between you and us concerning the Service. They supersede any prior agreements, understandings, or representations regarding the Service.

c. No Waiver. Our failure to enforce any provision of these Terms shall not be deemed a waiver of that provision or any other provision, and no waiver will be effective unless made in writing and signed by us.

d. Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles.

e. Headings. The headings used in these Terms are for convenience only and shall not affect the interpretation of the provisions.

f. Relationship of the Parties. Nothing in these Terms shall be deemed to create any partnership, joint venture, employer-employee, or franchisor-franchisee relationship between you and us.

 

Last update: December 16, 2025