| June 25, 2026 01:02 UTC | September 11, 2026 01:02 UTC | ||||
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| 116 | Inventory Tracker | 116 | Inventory Tracker | ||
| 117 | Product Catalog | 117 | Product Catalog | ||
| 118 | See all templates | 118 | See all templates | ||
| n | 119 | AI PlaysNEW | n | 119 | AI Plays |
| 120 | Blog | 120 | Blog | ||
| 121 | Customer Stories | 121 | Customer Stories | ||
| n | 122 | Builders & Breakthroughs | n | ||
| 123 | Videos | 122 | Videos | ||
| 124 | Events | 123 | Events | ||
| 125 | Learn & Support | 124 | Learn & Support | ||
| 152 | Explore all resources | 151 | Explore all resources | ||
| 153 | EnterprisePricingBook demoSign in | 152 | EnterprisePricingBook demoSign in | ||
| 154 | Book DemoSign up for freeSign upLog in | 153 | Book DemoSign up for freeSign upLog in | ||
| t | t | 154 | Table of contents | ||
| 155 | 1. Introduction1.1. Scope | ||||
| 156 | 1.2. Read these Terms Carefully | ||||
| 157 | 1.3. Organizations | ||||
| 158 | 2. Our Services2.1. Eligibility | ||||
| 159 | 2.2. Access, Restrictions, and Acceptable Use | ||||
| 160 | 2.3. Airtable Accounts | ||||
| 161 | 2.4. Your Content | ||||
| 162 | 2.5. Usage Data | ||||
| 163 | 2.6. Software | ||||
| 164 | 2.7. Service Changes, Suspension, and Termination | ||||
| 165 | 2.8. Product Trials | ||||
| 166 | 3. Our Intellectual Property | ||||
| 167 | 4. Developers4.1. License to Our Developer Tools | ||||
| 168 | 4.2. License to Your Extensions | ||||
| 169 | 4.3. Responsibility for Your Extensions | ||||
| 170 | 5. Airtable AI | ||||
| 171 | 6. Charges and Payment6.1. Subscription Plans | ||||
| 172 | 6.2. Billing and Payment | ||||
| 173 | 6.3. Renewals | ||||
| 174 | 6.4. Cancellations and Terminations | ||||
| 175 | 6.5. Late Payments | ||||
| 176 | 6.6. Credits | ||||
| 177 | 7. Additional Terms for Mobile Applications7.1. Mobile Applications | ||||
| 178 | 7.2. App Store Terms | ||||
| 179 | 8. Privacy | ||||
| 180 | 9. Security9.1. Security Measures | ||||
| 181 | 9.2. Two-Factor Authentication | ||||
| 182 | 10. Copyright Policy | ||||
| 183 | 11. Third-Party Services and Marketplace Extensions | ||||
| 184 | 12. Indemnity | ||||
| 185 | 13. No Warranty | ||||
| 186 | 14. Limitation of Liability | ||||
| 187 | 15. Confidentiality15.1. Confidential Information | ||||
| 188 | 15.2. Protection and Use of Confidential Information | ||||
| 189 | 15.3. Compelled Access or Disclosure | ||||
| 190 | 15.4. Injunctive Relief | ||||
| 191 | 16. Governing Law, Arbitration, and Class Action/Jury Trial Waiver16.1. Governin | ||||
| > | g Law | ||||
| 192 | 16.2. Arbitration | ||||
| 193 | 16.3. Class Action/Jury Trial Waiver | ||||
| 194 | 17. U.S. Government and Other Governmental Entity Rights | ||||
| 195 | 18. Export Controls and Sanctions | ||||
| 196 | 19. Publicity Rights | ||||
| 197 | 20. Interactive Services | ||||
| 198 | 21. EU Digital Services Act Disclosures | ||||
| 199 | 22. General22.1. Assignment | ||||
| 200 | 22.2. Notification Procedures and Changes to these Terms | ||||
| 201 | 22.3. Entire Agreement/Severability | ||||
| 202 | 22.4. No Waiver | ||||
| 203 | 22.5. California Residents | ||||
| 204 | 22.6. Contact | ||||
| 205 | Terms of Service | ||||
| 206 | Last Updated: May 31, 2024 | ||||
| 207 | You can find the previous version of our Terms of Service here. | ||||
| 208 | 1. Introduction | ||||
| 209 | 1.1. Scope | ||||
| 210 | Welcome to Airtable! These Terms of Service (these “Terms") of Formagrid Inc, db | ||||
| > | a Airtable ("we," "our," or "us"), are an agreement that describes your and our | ||||
| > | rights, obligations, and responsibilities. | ||||
| 211 | More specifically, these Terms govern how you may access and use: (i) airtable.c | ||||
| > | om, its subdomains, and any other website where these Terms are posted; (ii) our | ||||
| > | online hosted services; and (iii) our "Software," meaning, collectively, our br | ||||
| > | owser extensions, integrations, mobile applications, other downloadable apps, ap | ||||
| > | plication programming interfaces ("APIs"), and tools and documentation ((i) thro | ||||
| > | ugh (iii) collectively, our or the "Services"). | ||||
| 212 | 1.2. Read these Terms Carefully | ||||
| 213 | PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. | ||||
| > | BY CREATING AN AIRTABLE ACCOUNT, CLICKING “SIGN UP”, “SIGN UP WITH GOOGLE”, “SIG | ||||
| > | N UP FOR FREE”, “SUBMIT”, OR THE LIKE INDICATING ACCEPTANCE ELECTRONICALLY, BY A | ||||
| > | GREEING TO THESE TERMS IN AN ORDER FORM OR OTHER ORDERING DOCUMENT REFERENCING T | ||||
| > | HESE TERMS, OR BY ACCESSING OR USING AIRTABLE, WHETHER OR NOT YOU ARE A REGISTER | ||||
| > | ED USER OF AIRTABLE, YOU SIGNIFY THAT: (I) YOU HAVE READ, UNDERSTAND, AND AGREE | ||||
| > | TO BE BOUND BY THESE TERMS; (II) YOU HAVE READ, UNDERSTAND, AND ACKNOWLEDGE OUR | ||||
| > | PRIVACY POLICY, WHICH IS AVAILABLE AT WWW.AIRTABLE.COM/PRIVACY ("PRIVACY POLICY" | ||||
| > | ) AND IS INCORPORATED INTO THESE TERMS BY REFERENCE; AND (III) YOU HAVE READ, UN | ||||
| > | DERSTAND, AND AGREE TO COMPLY WITH ALL OTHER TERMS INCORPORATED INTO THESE TERMS | ||||
| > | BY REFERENCE. WE RESERVE ALL RIGHTS NOT EXPRESSLY GRANTED UNDER THESE TERMS. | ||||
| 214 | THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AGREEMENT IN SECTION 16.2 | ||||
| > | (THE “ARBITRATION AGREEMENT”) AND CLASS ACTION/JURY TRIAL WAIVER PROVISION IN S | ||||
| > | ECTION 16.3 (THE “CLASS ACTION/JURY TRIAL WAIVER”) THAT REQUIRE, WITH ONLY SPECI | ||||
| > | FIED EXCEPTIONS IN SECTIONS 16.1 AND 16.2 OR UNLESS YOU OPT OUT PURSUANT TO THE | ||||
| > | INSTRUCTIONS IN SECTION 16.2, THE EXCLUSIVE USE OF FINAL AND BINDING ARBITRATION | ||||
| > | ON AN INDIVIDUAL BASIS ONLY TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLA | ||||
| > | SS, COLLECTIVE, PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE ACTIONS OR PROCEEDING | ||||
| > | S. | ||||
| 215 | 1.3. Organizations | ||||
| 216 | If you are an individual and you access or use our Services on behalf of a compa | ||||
| > | ny, organization, principal, or other entity, such as your employer (each, toget | ||||
| > | her with its affiliates, an "Organization"), then: (i) these Terms are an agreem | ||||
| > | ent between us and you and us and that Organization; (ii) you represent and warr | ||||
| > | ant that you have the authority to bind that Organization to these Terms (and if | ||||
| > | you do not have the authority, you may not access or use our Services); (iii) y | ||||
| > | our acceptance of these Terms will bind such Organization to these Terms; (iv) y | ||||
| > | our individual right to access and use our Services may be suspended or terminat | ||||
| > | ed (and ownership and administration of your Airtable Account (defined below) ma | ||||
| > | y be transferred) if you cease to be associated with, or cease to use an email a | ||||
| > | ddress associated with, owned by, or provisioned by, that Organization; (v) we m | ||||
| > | ay disclose information regarding you and your use of the Services, including Yo | ||||
| > | ur Content (defined below), to such Organization, or to appropriate individuals | ||||
| > | associated with that Organization; and (vi) the terms “you” and “your”, as used | ||||
| > | in these Terms, refer to both you and such Organization. | ||||
| 217 | If you sign up for our Services using an email address associated with, owned by | ||||
| > | , or provisioned by an Organization, or if an Organization pays fees due in conn | ||||
| > | ection with your access to or use of our Services (or reimburses you for payment | ||||
| > | of such fees), or otherwise, then we may deem you, in our sole discretion, to b | ||||
| > | e accessing and using our Services on behalf of that Organization. You represent | ||||
| > | and warrant that all information that you provide to us regarding any Organizat | ||||
| > | ion on whose behalf you use our Services, including information identifying othe | ||||
| > | r users associated with such Organization or email domains owned by such Organiz | ||||
| > | ation, is and at all times will be truthful, accurate, and complete, and that yo | ||||
| > | u will immediately notify us should any such information change or no longer be | ||||
| > | truthful, accurate, or complete. | ||||
| 218 | If you are an Organization on whose behalf an individual user is accessing or us | ||||
| > | ing our Services as described above, then you are responsible for the acts and o | ||||
| > | missions of all such individual users, and for ensuring that all such individual | ||||
| > | users comply with these Terms. | ||||
| 219 | If you are an individual user and are a member of, or have access to workspaces | ||||
| > | within the Services that are part of, an account that is not subject to these Te | ||||
| > | rms as explicitly stated in an agreement governing such account (such as an Ente | ||||
| > | rprise Scale, Enterprise, or Business plan account governed by a separate master | ||||
| > | subscription agreement), then these Terms govern your access to and use of the | ||||
| > | Services outside of such account and in any other workspace to which you have ac | ||||
| > | cess or as to which you are an owner, collaborator, or member. | ||||
| 220 | 2. Our Services | ||||
| 221 | 2.1. Eligibility | ||||
| 222 | You may use our Services only if you can form a legally binding contract with us | ||||
| > | (and on behalf of your Organization as applicable), and only in compliance with | ||||
| > | these Terms and all applicable local, state, national, and international laws, | ||||
| > | rules, and regulations. To use our Services, you must be at least 16 years old, | ||||
| > | and in some circumstances even older (please check your local law for the age of | ||||
| > | digital consent). You represent and warrant that you meet the applicable age re | ||||
| > | quirements and are competent to agree to these Terms, or, if you are unable to f | ||||
| > | orm a binding contract under applicable law, you represent and warrant that you | ||||
| > | have your parent’s or legal guardian’s permission to use our Services, and that | ||||
| > | your parent or legal guardian is agreeing to these Terms concurrently. If you ar | ||||
| > | e a parent or legal guardian of a user of our Services who is unable to form a b | ||||
| > | inding contract under applicable law, you are agreeing to these Terms and you ar | ||||
| > | e responsible for such user’s activity on our Services. Our Services are not ava | ||||
| > | ilable to any users who were previously removed from the Services, unless our du | ||||
| > | ly authorized representative agrees otherwise in writing. | ||||
| 223 | 2.2. Access, Restrictions, and Acceptable Use | ||||
| 224 | Subject to your compliance with these Terms, you may access and use our Services | ||||
| > | during the Subscription Term (defined below), except as may be limited by your | ||||
| > | Organization. Except as we otherwise agree in writing or to the extent a restric | ||||
| > | tion is prohibited by law, you must comply with our Acceptable Use Policy, as up | ||||
| > | dated from time to time, which is available at www.airtable.com/aup and is incor | ||||
| > | porated into these Terms by reference (“Acceptable Use Policy”). | ||||
| 225 | 2.3. Airtable Accounts | ||||
| 226 | Your account on our Services (your "Airtable Account") gives you access to the s | ||||
| > | ervices and functionality that we may establish and maintain from time to time. | ||||
| > | We may maintain different types of Airtable Accounts for different types of user | ||||
| > | s. You acknowledge and agree that you do not own your Airtable Account. | ||||
| 227 | You may not use another user’s Airtable Account without such user’s permission. | ||||
| > | You are solely responsible for the activity that occurs on your Airtable Account | ||||
| > | , and you must keep your Airtable Account password(s) strong and secure. You sho | ||||
| > | uld notify us immediately of any breach of security or unauthorized use of your | ||||
| > | Airtable Account. Any individual with administrator-level access to your Airtabl | ||||
| > | e Account can modify your Airtable Account settings, access, and billing informa | ||||
| > | tion. We will not be liable for any losses caused by any unauthorized use of you | ||||
| > | r Airtable Account, or for any changes to your Airtable Account, including your | ||||
| > | ability to access your Airtable Account or Your Content (defined below), made by | ||||
| > | any individual with administrator-level access to your Airtable Account. | ||||
| 228 | You may control certain aspects of your Airtable Account profile and how you int | ||||
| > | eract with our Services by changing the settings in your Account Settings page. | ||||
| > | If you provide us with your email address, we may use the email address to send | ||||
| > | you Services-related notices, including any notices required by law, in lieu of | ||||
| > | communication by postal mail. We may also use your email address to send you oth | ||||
| > | er marketing or advertising messages, such as changes to features of our Service | ||||
| > | s and special offers. If you do not want to receive such email messages, you may | ||||
| > | opt out or change your preferences by logging into our preference center with t | ||||
| > | he email address associated with your Airtable Account, or by clicking the unsub | ||||
| > | scribe link within each marketing or advertising message. Opting out will not pr | ||||
| > | event you from receiving Services-related notices. | ||||
| 229 | 2.4. Your Content | ||||
| 230 | As between us and you, you (or your licensors) will own any and all information, | ||||
| > | data, and other content, in any form or medium, that is collected, downloaded, | ||||
| > | or otherwise received, directly or indirectly, from you (or on your behalf) by o | ||||
| > | r through our Services ("Your Content"). If you are an individual using our Serv | ||||
| > | ices on behalf of an Organization, we may assume, in our sole discretion, that a | ||||
| > | ll of Your Content belongs to that Organization. Notwithstanding the foregoing, | ||||
| > | you acknowledge and agree that we may retain, take possession of, delete, or den | ||||
| > | y you access to Your Content if we believe, in our sole discretion, that some or | ||||
| > | all of Your Content, or your use of our Services, violates these Terms (includi | ||||
| > | ng our Acceptable Use Policy). | ||||
| 231 | You (on behalf of yourself and your Organization, if applicable, and your other | ||||
| > | licensors) grant, and you represent and warrant that you have all rights necessa | ||||
| > | ry to grant, us an irrevocable, transferable, sublicensable (through multiple ti | ||||
| > | ers), fully paid, royalty-free, and worldwide right and license to access, use, | ||||
| > | copy, store, modify, and display Your Content solely: (i) to provide, maintain, | ||||
| > | improve, or optimize use of our Services; (ii) to perform such other actions as | ||||
| > | authorized by you in connection with your use of our Services; (iii) where neces | ||||
| > | sary (in our sole discretion) to ensure the stability and security of our Servic | ||||
| > | es and our systems; and (iv) for any other purpose consistent with the Privacy P | ||||
| > | olicy. | ||||
| 232 | If you are an individual using our Services on behalf of an Organization and are | ||||
| > | collaborating with other employees or other individuals who have access to Your | ||||
| > | Content under your Airtable Account, or if you share Your Content with other in | ||||
| > | dividuals within or outside of such Organization, then Your Content that you mak | ||||
| > | e available to such other individuals (as well as other information, such as the | ||||
| > | names and contact information of other individuals who have access to your work | ||||
| > | space(s) or Your Content within our Services) will be visible, accessible, and, | ||||
| > | depending on their designated level of access, editable by such individuals. | ||||
| 233 | You can remove Your Content from your Airtable Account by deleting it. However, | ||||
| > | in certain instances, some of Your Content may not be completely removed. We are | ||||
| > | not responsible or liable for the removal or deletion of any of Your Content, o | ||||
| > | r any failure to remove or delete such content. | ||||
| 234 | In connection with Your Content, you represent and warrant that: (i) you have al | ||||
| > | l necessary rights, licenses, and consents to provide, receive, access, and/or u | ||||
| > | se Your Content and any other content you provide, receive, access, and/or use t | ||||
| > | hrough or in connection with our Services; and (ii) Your Content and our use the | ||||
| > | reof as contemplated by these Terms and our Services will not violate any law or | ||||
| > | infringe any rights of any third party, including any intellectual property rig | ||||
| > | hts and privacy rights. | ||||
| 235 | We take no responsibility and assume no liability for Your Content. You shall be | ||||
| > | solely responsible for Your Content and the consequences of posting it, publish | ||||
| > | ing it, sharing it, or otherwise making it available on our Services. You shall | ||||
| > | be solely responsible and indemnify us for Your Content. | ||||
| 236 | 2.5. Usage Data | ||||
| 237 | We may collect and analyze data and other information regarding your use of the | ||||
| > | Services, including access, usage patterns, and performance (collectively, "Usag | ||||
| > | e Data"). We are free at any time (including after termination of these Terms) t | ||||
| > | o use such data and information for our business purposes, including but not lim | ||||
| > | ited to analytics, quality assurance, product and service development and improv | ||||
| > | ement, and churn rate and service level analysis. For clarity, Usage Data does n | ||||
| > | ot include Your Content. | ||||
| 238 | 2.6. Software | ||||
| 239 | To the extent you receive our Software, subject to your compliance with these Te | ||||
| > | rms, during the applicable Subscription Term, we grant to you a non-exclusive, n | ||||
| > | on-transferable, non-sublicensable right and license to use our Software solely | ||||
| > | as reasonably necessary for your use of our Services in accordance with these Te | ||||
| > | rms. | ||||
| 240 | 2.7. Service Changes, Suspension, and Termination | ||||
| 241 | You may cancel your Airtable Account at any time through your Account Settings p | ||||
| > | age, though we will be sorry to see you go. We may change our Services, stop pro | ||||
| > | viding our Services or features of our Services to you or to our users generally | ||||
| > | , change or stop providing a particular Subscription Plan (defined below) or fea | ||||
| > | tures thereof, or create usage limits for our Services. We may permanently or te | ||||
| > | mporarily terminate or suspend your access to our Services without notice or lia | ||||
| > | bility, without cause or for any reason, including if in our sole discretion you | ||||
| > | violate any provision of these Terms. Upon termination, you continue to be boun | ||||
| > | d by these Terms. | ||||
| 242 | 2.8. Product Trials | ||||
| 243 | In our sole discretion, we may make available to you certain product features on | ||||
| > | a trial basis, and such trial may be designated by us as an alpha, a beta, a pi | ||||
| > | lot, a limited release, a limited availability, a test period, a preview, or an | ||||
| > | evaluation, or using another similar term (“Product Trial”). You may participate | ||||
| > | in any Product Trial, subject to these Terms and any additional terms and condi | ||||
| > | tions made available by us. You acknowledge that product features made available | ||||
| > | to you as part of a Product Trial (“Trial Features”) might contain bugs, errors | ||||
| > | , or omissions. TRIAL FEATURES ARE PROVIDED TO YOU FOR TESTING PURPOSES ONLY, ON | ||||
| > | AN “AS IS” BASIS, WITHOUT ANY WARRANTY, LIABILITY, INDEMNITY, OR PERFORMANCE OB | ||||
| > | LIGATIONS. Trial Features are not subject to any service level agreements or sup | ||||
| > | port commitments. Trial Features are Confidential Information (defined below). T | ||||
| > | hey might never be made available for general use or otherwise be provided in a | ||||
| > | future version of our Services, and we may discontinue Trial Features, or revoke | ||||
| > | your access to Trial Features, at any time for any or no reason, in our sole di | ||||
| > | scretion, without any liability to you. Discontinuing Trial Features, or making | ||||
| > | Trial Features inaccessible to you, may have the effect of making some or all of | ||||
| > | Your Content inaccessible to you. | ||||
| 244 | 3. Our Intellectual Property | ||||
| 245 | You acknowledge and agree that our Services and all materials and content displa | ||||
| > | yed or made available on our Services, and all software, algorithms, code, techn | ||||
| > | ology, and intellectual property underlying and included in or with our Services | ||||
| > | , and all intellectual property rights therein and thereto throughout the world | ||||
| > | (collectively and individually, our "Intellectual Property"), are our (or our li | ||||
| > | censors’ as applicable) sole and exclusive property. Except as explicitly provid | ||||
| > | ed herein, nothing in these Terms will be deemed to create a license in or under | ||||
| > | any intellectual property rights, and you agree not to access, sell, license, r | ||||
| > | ent, modify, distribute, copy, reproduce, transmit, publicly display, publicly p | ||||
| > | erform, publish, adapt, edit, or create derivative works from any of our Intelle | ||||
| > | ctual Property. | ||||
| 246 | You may choose, or we may invite you, to submit comments, feedback, or ideas abo | ||||
| > | ut our Services, including about how to improve our Services ("Feedback"). You a | ||||
| > | gree that we will own any such Feedback, and that we are free to use the Feedbac | ||||
| > | k without any additional compensation to you, and to disclose the Feedback on a | ||||
| > | non-confidential basis or otherwise to anyone. You acknowledge that, by acceptin | ||||
| > | g your submission of Feedback, we do not waive any rights to use similar or rela | ||||
| > | ted ideas previously known to us, or developed by our employees, or obtained fro | ||||
| > | m sources other than you. | ||||
| 247 | 4. Developers | ||||
| 248 | 4.1. License to Our Developer Tools | ||||
| 249 | Subject to your compliance with these Terms and our Developer Terms, which are a | ||||
| > | vailable at www.airtable.com/developer-terms and are incorporated into these Ter | ||||
| > | ms by reference, during the applicable Subscription Term, we grant to you a non- | ||||
| > | exclusive, non-transferable, non-sublicensable right and license to use our Serv | ||||
| > | ices, our APIs, and related tools and documentation in order to develop, test, a | ||||
| > | nd support your applications or extensions that integrate with our Services (you | ||||
| > | r "Extensions"). | ||||
| 250 | 4.2. License to Your Extensions | ||||
| 251 | You hereby grant to us a non-exclusive, worldwide, sublicensable, transferable, | ||||
| > | perpetual, irrevocable (except upon ten (10) days’ advance written notice to us | ||||
| > | if you remove any Extension distributed from the Airtable Marketplace available | ||||
| > | at www.airtable.com/marketplace ("Airtable Marketplace")), and royalty-free righ | ||||
| > | t and license, under all of your intellectual property rights, to: (i) use, repr | ||||
| > | oduce, publicly perform, publicly display, distribute, and modify (solely to ens | ||||
| > | ure compatibility with our Services) your Extensions, as well as to use your and | ||||
| > | your Extensions’ names and logos for our business purposes related to your Exte | ||||
| > | nsions, including for purposes of marketing, demonstrating, and answering inquir | ||||
| > | ies about your Extensions; and (ii) link to and direct audiences to your Extensi | ||||
| > | on from our Services, including from the Airtable Marketplace. | ||||
| 252 | 4.3. Responsibility for Your Extensions | ||||
| 253 | You are solely responsible for all maintenance and support for your Extensions, | ||||
| > | and you will ensure that your Extensions comply with all applicable laws and reg | ||||
| > | ulations, including applicable privacy, data security, advertising, and marketin | ||||
| > | g laws and regulations, and with all technical and compatibility requirements pr | ||||
| > | ovided in our documentation. We disclaim all responsibility and liability relate | ||||
| > | d to your Extensions. You must make any use of your Extensions by third parties | ||||
| > | (including other users of our Services) subject to a privacy policy that is cons | ||||
| > | picuously-posted within your Extensions. Your Extension’s privacy policy, and an | ||||
| > | y terms and conditions governing your Extension, must comply with applicable law | ||||
| > | and accurately and plainly describe your and our collection, use, storage, and | ||||
| > | sharing of such users’ personal and confidential data in connection with your Ex | ||||
| > | tensions and our Services. For clarity, you will retain ownership of your Extens | ||||
| > | ions, subject to our rights in our APIs and our Services. We reserve the right t | ||||
| > | o audit your Extensions to determine whether they violate these Terms. | ||||
| 254 | 5. Airtable AI | ||||
| 255 | We may make available to you, as a Product Trial or otherwise, features or funct | ||||
| > | ionality of the Services that utilize generative artificial intelligence models | ||||
| > | (“Airtable AI”). Your use of Airtable AI is subject to these Terms and our Airta | ||||
| > | ble AI Terms, as updated from time to time, which are available at https://www.a | ||||
| > | irtable.com/ai-terms and are incorporated into these Terms by reference. | ||||
| 256 | 6. Charges and Payment | ||||
| 257 | 6.1. Subscription Plans | ||||
| 258 | We may offer plans that you may sign up for that allow you to use certain aspect | ||||
| > | s of our Services, either for free or for a fee (a "Subscription Plan"). We may | ||||
| > | change Subscription Plans, including by offering new services or features for ad | ||||
| > | ditional fees and charges or by adding or amending fees and charges for existing | ||||
| > | Subscription Plans, in our sole discretion. Any change to a Subscription Plan’s | ||||
| > | pricing or payment terms will become effective in the billing cycle following n | ||||
| > | otice of such change to you as provided in these Terms. Subscription Plans may s | ||||
| > | et allotments for use of designated Services aspects. Use of Services aspects in | ||||
| > | excess of a Subscription Plan’s designated allotment may result in (additional) | ||||
| > | fees, and such fees will be included in a true-up invoice or charged automatica | ||||
| > | lly via the payment method associated with your Airtable Account ("Payment Metho | ||||
| > | d"). | ||||
| 259 | 6.2. Billing and Payment | ||||
| 260 | For any paid Subscription Plan, you agree to make payments, and we may automatic | ||||
| > | ally charge your Payment Method, as described below, for so long as your Airtabl | ||||
| > | e Account remains active. Subscription Plans may be offered for a set subscripti | ||||
| > | on period (each such period, a "Subscription Term"). If you elect to sign up for | ||||
| > | a paid Subscription Plan, you agree to the pricing and payment terms specified | ||||
| > | at checkout, at www.airtable.com/pricing, or as otherwise posted or communicated | ||||
| > | to you, as we may update them from time to time. | ||||
| 261 | You must provide us with a current, valid, accepted Payment Method. When you ini | ||||
| > | tiate a purchase transaction, you authorize us to provide your payment informati | ||||
| > | on to third parties so we can complete your transaction and to charge your Payme | ||||
| > | nt Method, in United States Dollars, for the type of transaction you have select | ||||
| > | ed (plus any applicable taxes and other charges) and any applicable recurring ch | ||||
| > | arges as described below. You will pay applicable taxes, if any, relating to any | ||||
| > | such transaction, and are also responsible for any payment-related fees such as | ||||
| > | wire transfer fees, credit card processing fees, and foreign transaction fees. | ||||
| 262 | We currently use Stripe as our third-party service provider for payment services | ||||
| > | , and by using our Services you agree to be bound by Stripe’s Services Agreement | ||||
| > | , currently available at https://stripe.com/us/legal. If your payment is not suc | ||||
| > | cessfully settled for any reason, you remain responsible for any amounts not rem | ||||
| > | itted to us, and you authorize us or our third-party service provider to continu | ||||
| > | e to charge your Payment Method, without further notice, until such time as your | ||||
| > | payment is settled. All payments for transactions are non-refundable and non-tr | ||||
| > | ansferable except as expressly provided in these Terms. | ||||
| 263 | 6.3. Renewals | ||||
| 264 | Your subscription continues until canceled by you or we terminate your access to | ||||
| > | or use of our Services in accordance with these Terms. Unless and until cancele | ||||
| > | d by you, all Subscription Plans will automatically renew for renewal terms equa | ||||
| > | l in length to the original Subscription Term, at the applicable price as of the | ||||
| > | renewal date. If you do not want a Subscription Plan to renew, you must cancel | ||||
| > | it before the end of the Subscription Term via the Account Settings page on your | ||||
| > | Airtable Account). If you purchase a Subscription Plan, we (or our third-party | ||||
| > | service provider) will automatically charge you each year or month, as applicabl | ||||
| > | e, on the anniversary of the commencement of your subscription, using the paymen | ||||
| > | t information you have provided, until you cancel your subscription. By agreeing | ||||
| > | to these Terms and electing to purchase a Subscription Plan, you acknowledge th | ||||
| > | at your Subscription Plan has recurring payment features and you accept responsi | ||||
| > | bility for all recurring payment obligations prior to cancellation of your subsc | ||||
| > | ription by you or us. | ||||
| 265 | 6.4. Cancellations and Terminations | ||||
| 266 | If we cancel or terminate your Subscription Plan, except in the event of your br | ||||
| > | each of these Terms or failure to pay fees when due, we will grant you a prorate | ||||
| > | d refund for the remaining unused portion of your Subscription Term. If you canc | ||||
| > | el or terminate your Subscription Plan, your right to use our Services will cont | ||||
| > | inue until the end of your then-current Subscription Term and then terminate wit | ||||
| > | hout further charges. Notwithstanding the foregoing, if you live in the European | ||||
| > | Union or Turkey and cancel your Subscription Plan within fourteen (14) days of | ||||
| > | purchase, you will be eligible for a refund of any payments made for the cancele | ||||
| > | d Subscription Term, and, if you request such a refund, your right to use our Se | ||||
| > | rvices will terminate immediately upon cancellation of your subscription. Subjec | ||||
| > | t to the preceding sentence, if you cancel or terminate your Subscription Plan, | ||||
| > | unless required by law, YOU WILL NOT RECEIVE A REFUND OF ANY PORTION OF ANY FEES | ||||
| > | PAID FOR THE THEN-CURRENT SUBSCRIPTION TERM AT THE TIME OF CANCELLATION. | ||||
| 267 | 6.5. Late Payments | ||||
| 268 | Any late payments shall be subject to a service charge equal to 1.5% per month o | ||||
| > | f the amount due or the maximum amount allowed by law, whichever is less (plus t | ||||
| > | he costs of collection). | ||||
| 269 | 6.6. Credits | ||||
| 270 | Any credits that may accrue to your Airtable Account (for example, as a result o | ||||
| > | f a promotion or referral program, or a Subscription Plan downgrade) will expire | ||||
| > | one year following their accrual, or upon expiration or termination of your Air | ||||
| > | table Account, whichever is earlier. Notwithstanding the foregoing, any credits | ||||
| > | accrued to a workspace on a free Subscription Plan will expire if the workspace’ | ||||
| > | s Subscription Plan is not upgraded to a paid Subscription Plan within ninety (9 | ||||
| > | 0) days of accrual, unless otherwise specified. Credits have no currency or exch | ||||
| > | ange value, and are not transferable or refundable. | ||||
| 271 | 7. Additional Terms for Mobile Applications | ||||
| 272 | 7.1. Mobile Applications | ||||
| 273 | We may make available software to access our Services via a compatible mobile de | ||||
| > | vice ("Mobile Applications"). You may incur mobile data charges from your wirele | ||||
| > | ss provider in connection with the Mobile Applications, and you agree that you a | ||||
| > | re solely responsible for any such charges. We grant you a non-exclusive, non-tr | ||||
| > | ansferable, revocable license to use a compiled code copy of the Mobile Applicat | ||||
| > | ions for your Airtable Account on one or more mobile devices owned or leased sol | ||||
| > | ely by you, solely in accordance with these Terms. You acknowledge that we may f | ||||
| > | rom time to time issue upgraded versions of the Mobile Applications, and may aut | ||||
| > | omatically electronically upgrade the version of the Mobile Applications that yo | ||||
| > | u are using on your mobile device. You consent to such automatic upgrading on yo | ||||
| > | ur mobile device, and agree that these Terms will apply to all such upgrades. An | ||||
| > | y third-party code that may be incorporated in the Mobile Applications is covere | ||||
| > | d by the applicable open source or third-party license EULA, if any, authorizing | ||||
| > | use of such code. The foregoing license grant is not a sale of the Mobile Appli | ||||
| > | cations or any copy thereof. We or our third-party partners or suppliers retain | ||||
| > | all right, title, and interest in the Mobile Applications (and any copy thereof) | ||||
| > | . Any attempt by you to transfer any of the rights, duties, or obligations hereu | ||||
| > | nder, except as expressly provided for in these Terms, is void. | ||||
| 274 | 7.2. App Store Terms | ||||
| 275 | If you acquire any Mobile Applications from any third-party app store, such as t | ||||
| > | he Apple App Store: (i) you acknowledge that these Terms are between you and us | ||||
| > | only, and not with such third party; (ii) your use of such Mobile Applications m | ||||
| > | ust comply with such third party’s then-current app store terms and conditions; | ||||
| > | (iii) such third party is only a provider of the app store where you obtained su | ||||
| > | ch Mobile Applications; (iv) we, and not such third party, are solely responsibl | ||||
| > | e for our Mobile Applications; (v) such third party has no obligation or liabili | ||||
| > | ty to you with respect to such Mobile Applications or these Terms; and (vi) you | ||||
| > | acknowledge and agree that such third party is a third-party beneficiary to thes | ||||
| > | e Terms as it relates to such Mobile Applications. | ||||
| 276 | 8. Privacy | ||||
| 277 | We care about the privacy of our users. By using our Services, you acknowledge t | ||||
| > | hat we may collect, use, and disclose your personal information and aggregated a | ||||
| > | nd/or anonymized data as set forth in our Privacy Policy, and you acknowledge th | ||||
| > | at you may have your personal information collected in, used in, transferred to, | ||||
| > | and processed in the United States. If your use of the Services requires us to | ||||
| > | process any personal data or personal information within Your Content, as these | ||||
| > | terms are defined in and in accordance with applicable privacy laws or regulatio | ||||
| > | ns, we will do so at all times in accordance with our Privacy Policy and any app | ||||
| > | licable Data Processing Addendum ("DPA"). You may access and sign our DPA here. | ||||
| > | Once executed, the DPA will be incorporated into these Terms by reference. In th | ||||
| > | e event of any conflict between the DPA and any other aspect of these Terms, the | ||||
| > | DPA will govern. | ||||
| 278 | 9. Security | ||||
| 279 | 9.1. Security Measures | ||||
| 280 | We have implemented measures designed to secure Your Content from accidental los | ||||
| > | s and from unauthorized access, use, alteration, or disclosure. However, we cann | ||||
| > | ot guarantee that unauthorized third parties will never be able to defeat those | ||||
| > | measures or use Your Content for improper purposes. You understand that internet | ||||
| > | technologies have the inherent potential for disclosure. You acknowledge that y | ||||
| > | ou provide Your Content at your own risk. You can learn more about our security | ||||
| > | practices at www.airtable.com/security. | ||||
| 281 | 9.2. Two-Factor Authentication | ||||
| 282 | Our Services support log-in using two-factor authentication (“2FA”), which is kn | ||||
| > | own to materially reduce the risk of unauthorized use of or access to the Servic | ||||
| > | es. We recommend that all users implement 2FA for their use of our Services. Not | ||||
| > | withstanding anything to the contrary in these Terms, we will not be responsible | ||||
| > | for any damages, losses, or liability to you or anyone else if such damages, lo | ||||
| > | sses, or liability would have been prevented by the use of 2FA. | ||||
| 283 | 10. Copyright Policy | ||||
| 284 | We respect the rights of copyright holders, as described in our Copyright Policy | ||||
| > | , as updated from time to time, which is available at https://www.airtable.com/c | ||||
| > | ompany/copyright-policy and is incorporated into these Terms by reference (the “ | ||||
| > | Copyright Policy”). If you believe that your copyrighted work has been copied in | ||||
| > | a way that constitutes copyright infringement and is accessible via the Service | ||||
| > | s, please use the process outlined in the Copyright Policy. | ||||
| 285 | 11. Third-Party Services and Marketplace Extensions | ||||
| 286 | OUR SERVICES MAY CONTAIN LINKS TO THIRD-PARTY MATERIALS THAT ARE NOT OWNED OR CO | ||||
| > | NTROLLED BY US, WE MAY REFER YOU TO CERTAIN THIRD PARTIES WHO PROVIDE INDEPENDEN | ||||
| > | T SERVICES RELATING TO OR SUPPORTING YOUR USE OF OUR SERVICES, AND CERTAIN FUNCT | ||||
| > | IONALITY OF OUR SERVICES MAY REQUIRE YOUR USE OF, OR MAY BE COMPATIBLE WITH, THI | ||||
| > | RD-PARTY SERVICES, SITES, INFORMATION, MATERIALS, PRODUCTS, APPLICATIONS, EXTENS | ||||
| > | IONS (INCLUDING EXTENSIONS FROM THE AIRTABLE MARKETPLACE), OR SERVICES (EACH, A | ||||
| > | "THIRD-PARTY SERVICE"). IF YOU USE A THIRD-PARTY SERVICE, YOU ARE SUBJECT TO AND | ||||
| > | AGREE TO THE THIRD PARTY’S TERMS OF SERVICE (OR OTHER APPLICABLE TERMS AND COND | ||||
| > | ITIONS) AND PRIVACY POLICY MADE AVAILABLE BY OR VIA THE THIRD-PARTY SERVICE. WE | ||||
| > | DO NOT ENDORSE OR ASSUME ANY RESPONSIBILITY FOR ANY SUCH THIRD-PARTY SERVICE (EV | ||||
| > | EN WHERE WE PERFORM A REVIEW OF THE FUNCTIONALITY OR SECURITY OF SUCH A THIRD-PA | ||||
| > | RTY SERVICE, SUCH AS AN EXTENSION DEVELOPED BY A THIRD-PARTY AND MADE AVAILABLE | ||||
| > | THROUGH THE AIRTABLE MARKETPLACE). IF YOU ACCESS A THIRD-PARTY SERVICE FROM OR W | ||||
| > | ITH AIRTABLE OR SHARE YOUR CONTENT ON OR THROUGH ANY THIRD-PARTY SERVICE, YOU DO | ||||
| > | SO AT YOUR OWN RISK, AND YOU UNDERSTAND THAT THESE TERMS AND OUR PRIVACY POLICY | ||||
| > | DO NOT APPLY TO YOUR USE OF SUCH SERVICES. YOU EXPRESSLY RELIEVE US FROM ANY AN | ||||
| > | D ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY SERVICE. | ||||
| 287 | 12. Indemnity | ||||
| 288 | You agree to defend, indemnify, and hold us and our affiliates, agents, supplier | ||||
| > | s, or licensors (and our and their employees, contractors, agents, officers, and | ||||
| > | directors) harmless from and against any and all claims, damages, obligations, | ||||
| > | losses, liabilities, costs, debt, and expenses (including attorney’s fees) arisi | ||||
| > | ng from: (i) your access to or use of our Services; (ii) your violation of any a | ||||
| > | spect of these Terms, including your breach of any of your representations and w | ||||
| > | arranties; (iii) your violation of any third-party right, including any right of | ||||
| > | privacy or intellectual property rights; (iv) your violation of any applicable | ||||
| > | law, rule, or regulation; (v) Your Content, including without limitation any mis | ||||
| > | leading, false, or inaccurate information in Your Content; (vi) your willful mis | ||||
| > | conduct; or (vii) any third party’s access to or use of our Services with your u | ||||
| > | sername(s), password(s), or other security code(s). | ||||
| 289 | 13. No Warranty | ||||
| 290 | OUR SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF OUR SERVI | ||||
| > | CE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR S | ||||
| > | ERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, I | ||||
| > | NCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE | ||||
| > | , OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAIN | ||||
| > | ED BY YOU FROM US OR THROUGH OUR SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY | ||||
| > | STATED HEREIN. WITHOUT LIMITING THE FOREGOING, WE, OUR SUBSIDIARIES, OUR AFFILIA | ||||
| > | TES, AND OUR LICENSORS DO NOT WARRANT THAT ANY CONTENT ON OUR SERVICE IS ACCURAT | ||||
| > | E, RELIABLE OR CORRECT; THAT OUR SERVICE WILL MEET YOUR REQUIREMENTS; THAT OUR S | ||||
| > | ERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SE | ||||
| > | CURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT OUR SERVICE IS FREE | ||||
| > | OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU WILL BE SOLELY RESPONSIBLE FOR ANY D | ||||
| > | AMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM | ||||
| > | YOUR USE OF OUR SERVICE OR ANY DOWNLOAD OF CONTENT THROUGH THE USE OF OUR SERVI | ||||
| > | CES. | ||||
| 291 | FEDERAL LAW, SOME STATES OR PROVINCES, AND OTHER JURISDICTIONS DO NOT ALLOW THE | ||||
| > | EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS | ||||
| > | MAY NOT APPLY TO YOU. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY A | ||||
| > | LSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION. THE DISCLAIMERS AND EXCLUSIONS | ||||
| > | UNDER THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. | ||||
| 292 | 14. Limitation of Liability | ||||
| 293 | TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR AF | ||||
| > | FILIATES, AGENTS, SUPPLIERS, OR LICENSORS (OR OUR OR THEIR EMPLOYEES, CONTRACTOR | ||||
| > | S, AGENTS, OFFICERS, OR DIRECTORS) BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDEN | ||||
| > | TAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION | ||||
| > | DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA, OR OTHER INTANGIBLE LOSSES, | ||||
| > | ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, OUR SERVICES. UN | ||||
| > | DER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESU | ||||
| > | LTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF OUR SERVIC | ||||
| > | E OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. | ||||
| 294 | TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE ASSUME NO LIABILITY OR RES | ||||
| > | PONSIBILITY FOR: (I) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) ANY | ||||
| > | PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOU | ||||
| > | R ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OU | ||||
| > | R SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) AN | ||||
| > | Y INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE; (V) ANY BUGS | ||||
| > | , VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR | ||||
| > | SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR A | ||||
| > | NY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED | ||||
| > | , TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH OUR SERVICE; (VII) YOUR DATA; | ||||
| > | AND/OR (VIII) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. | ||||
| 295 | IN NO EVENT WILL WE OR OUR AFFILIATES, AGENTS, SUPPLIERS, OR LICENSORS (OR OUR O | ||||
| > | R THEIR EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS, OR DIRECTORS) BE LIABLE TO YOU | ||||
| > | FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, OR COST | ||||
| > | S IN AN AMOUNT EXCEEDING THE AMOUNT OF FEES YOU PAID TO US HEREUNDER DURING THE | ||||
| > | TWELVE (12) MONTH PERIOD PRIOR TO WHEN THE CLAIM AROSE. THIS LIMITATION OF LIABI | ||||
| > | LITY IS CUMULATIVE AND NOT PER CLAIM OR INCIDENT. | ||||
| 296 | THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BA | ||||
| > | SED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF | ||||
| > | WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. | ||||
| 297 | SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDEN | ||||
| > | TAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APP | ||||
| > | LY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE | ||||
| > | OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. THE DISCLAIMERS, EXC | ||||
| > | LUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE | ||||
| > | EXTENT PROHIBITED BY APPLICABLE LAW. | ||||
| 298 | 15. Confidentiality | ||||
| 299 | 15.1. Confidential Information | ||||
| 300 | From time to time, either party to these Terms (the "Disclosing Party") may disc | ||||
| > | lose or make available to the other (the "Receiving Party") non-public, propriet | ||||
| > | ary, or confidential information of the Disclosing Party (“Confidential Informat | ||||
| > | ion”). Confidential Information includes any information that reasonably should | ||||
| > | be understood to be confidential given the nature of the information and the cir | ||||
| > | cumstances of disclosure, including non-public business, product, technology, an | ||||
| > | d marketing information, and Trial Features. Confidential Information does not i | ||||
| > | nclude any information that: (i) is or becomes generally available to the public | ||||
| > | other than as a result of the Receiving Party's breach of this Section 15; (ii) | ||||
| > | is or becomes available to the Receiving Party on a non-confidential basis from | ||||
| > | a third-party source, provided that such third party is not and was not prohibi | ||||
| > | ted from disclosing such Confidential Information; (iii) was in the Receiving Pa | ||||
| > | rty's possession prior to the Disclosing Party's disclosure thereof; or (iv) was | ||||
| > | or is independently developed by the Receiving Party without using any of the D | ||||
| > | isclosing Party’s Confidential Information. | ||||
| 301 | 15.2. Protection and Use of Confidential Information | ||||
| 302 | The Receiving Party shall: (i) protect and safeguard the confidentiality of the | ||||
| > | Disclosing Party's Confidential Information with at least the same degree of car | ||||
| > | e as the Receiving Party would protect its own Confidential Information, but in | ||||
| > | no event with less than a commercially-reasonable degree of care; (ii) only use | ||||
| > | the Disclosing Party's Confidential Information, and only permit it to be access | ||||
| > | ed or used, for the purpose of exercising its rights or performing its obligatio | ||||
| > | ns under these Terms, for the purpose of exploring a business relationship (or c | ||||
| > | hanges to the business relationship) between the parties, or for any other purpo | ||||
| > | se consistent with our Privacy Policy; and (iii) not disclose any of the Disclos | ||||
| > | ing Party’s Confidential Information to any person or entity, except to the Rece | ||||
| > | iving Party's service providers or financial/legal advisors who need to know the | ||||
| > | Confidential Information and are bound to confidentiality obligations at least | ||||
| > | as restrictive as those in these Terms. | ||||
| 303 | 15.3. Compelled Access or Disclosure | ||||
| 304 | If the Receiving Party is required by applicable law or legal process to disclos | ||||
| > | e any Confidential Information, then, prior to making such disclosure (unless pr | ||||
| > | ohibited by law or legal process) it shall use commercially-reasonable efforts t | ||||
| > | o notify the Disclosing Party of such requirements to afford the Disclosing Part | ||||
| > | y the opportunity to seek, at the Disclosing Party's sole cost and expense, a pr | ||||
| > | otective order or other remedy. | ||||
| 305 | 15.4. Injunctive Relief | ||||
| 306 | Each of the parties to these Terms acknowledges that the other party will be irr | ||||
| > | eparably harmed if Confidential Information of the other is distributed in breac | ||||
| > | h of this Section, and that such other party would not have an adequate remedy a | ||||
| > | t law in the event of such an actual or threatened breach. Therefore, each of th | ||||
| > | e parties agrees that the other party shall be entitled to seek injunctive relie | ||||
| > | f against any actual or threatened breaches of this Section by the other party w | ||||
| > | ithout the necessity of showing actual damages or showing that monetary damages | ||||
| > | would not afford an adequate remedy. | ||||
| 307 | 16. Governing Law, Arbitration, and Class Action/Jury Trial Waiver | ||||
| 308 | 16.1. Governing Law | ||||
| 309 | You agree that: (i) we will be deemed solely domiciled in the State of Californi | ||||
| > | a; and (ii) our Services will be deemed a passive one that does not give rise to | ||||
| > | personal jurisdiction over us, either specific or general, in jurisdictions oth | ||||
| > | er than California. These Terms will be governed by the internal substantive law | ||||
| > | s of the State of California, without respect to its conflict of laws principles | ||||
| > | . | ||||
| 310 | The parties acknowledge that these Terms evidence a transaction involving inters | ||||
| > | tate commerce. Notwithstanding the preceding sentences with respect to the subst | ||||
| > | antive law, the Federal Arbitration Act (9 U.S.C. §§ 1-16) (“FAA”) governs the i | ||||
| > | nterpretation and enforcement of the Arbitration Agreement in Section 16.2 and p | ||||
| > | reempts all state laws to the fullest extent permitted by law. If the FAA is det | ||||
| > | ermined not to apply to any issue that arises from or relates to the Arbitration | ||||
| > | Agreement, then that issue shall be resolved under and governed by the law of y | ||||
| > | our state of residence. | ||||
| 311 | The application of the United Nations Convention on Contracts for the Internatio | ||||
| > | nal Sale of Goods is expressly excluded. | ||||
| 312 | You agree to submit to the exclusive personal jurisdiction of the federal and st | ||||
| > | ate courts located in San Francisco, California for any actions for which we ret | ||||
| > | ain the right to seek injunctive or other equitable relief in a court of compete | ||||
| > | nt jurisdiction to prevent the actual or threatened infringement, misappropriati | ||||
| > | on or violation of a our copyrights, trademarks, trade secrets, patents, or othe | ||||
| > | r intellectual property or proprietary rights, as set forth in the Arbitration A | ||||
| > | greement below, including any provisional relief required to prevent irreparable | ||||
| > | harm. You agree that San Francisco, California is the proper and exclusive foru | ||||
| > | m for any appeals of an arbitration award or for trial court proceedings in the | ||||
| > | event that the arbitration provision below is found to be unenforceable. | ||||
| 313 | 16.2. Arbitration | ||||
| 314 | READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR D | ||||
| > | ISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. This section | ||||
| > | 16.2 (the “Arbitration Agreement”) applies to and governs any dispute, controve | ||||
| > | rsy, or claim between you and us that arises out of or relates to, directly or i | ||||
| > | ndirectly: (i) these Terms, including the formation, existence, breach, terminat | ||||
| > | ion, enforcement, interpretation, validity, or enforceability thereof; (ii) acce | ||||
| > | ss to or use of our Services, including receipt of any advertising, marketing, o | ||||
| > | r other communications from us; (iii) any transactions through, by, or using our | ||||
| > | Service; or (iv) any other aspect of your relationship or transactions with us, | ||||
| > | directly or indirectly, as a user or consumer (“Claim” or collectively, “Claims | ||||
| > | ”). The Arbitration Agreement shall apply, without limitation, to all Claims tha | ||||
| > | t arose or were asserted before or after your consent to these Terms. | ||||
| 315 | If you are a new user, you can reject and opt-out of this Arbitration Agreement | ||||
| > | within thirty (30) days of accepting these Terms by emailing us at legal@airtabl | ||||
| > | e.com with your first and last name and stating your intent to opt-out of the Ar | ||||
| > | bitration Agreement. Opting out of this Arbitration Agreement does not affect th | ||||
| > | e binding nature of any other part of these Terms, including the provisions rega | ||||
| > | rding controlling law or in which courts any disputes must be brought. | ||||
| 316 | For any Claim, you agree to first contact us at legal@airtable.com and attempt t | ||||
| > | o resolve the dispute with us informally. In the unlikely event that we have not | ||||
| > | been able to resolve a Claim after sixty (60) days, we each agree to resolve an | ||||
| > | y Claim through binding arbitration by JAMS, under the Optional Expedited Arbitr | ||||
| > | ation Procedures then in effect for JAMS (the “Rules”), except as provided herei | ||||
| > | n. JAMS may be contacted at www.jamsadr.com, where the Rules are available. In t | ||||
| > | he event of any conflict between the Rules and this Arbitration Agreement, the A | ||||
| > | rbitration Agreement shall control. The arbitration will be conducted in the U.S | ||||
| > | . county where you live or San Francisco, California, unless you and we agree ot | ||||
| > | herwise. If you are using our Services for commercial purposes, each party will | ||||
| > | be responsible for paying any JAMS filing, administrative and arbitrator fees in | ||||
| > | accordance with JAMS rules, and the award rendered by the arbitrator will inclu | ||||
| > | de costs of arbitration, reasonable attorneys’ fees and reasonable costs for exp | ||||
| > | ert and other witnesses. If you are an individual using our Services for non-com | ||||
| > | mercial purposes: (a) JAMS may require you to pay a fee for the initiation of yo | ||||
| > | ur case, unless you apply for and successfully obtain a fee waiver from JAMS; (b | ||||
| > | ) the award rendered by the arbitrator may include your costs of arbitration, yo | ||||
| > | ur reasonable attorney’s fees, and your reasonable costs for expert and other wi | ||||
| > | tnesses; and (c) you may sue in a small claims court of competent jurisdiction w | ||||
| > | ithout first engaging in arbitration, but this does not absolve you of your comm | ||||
| > | itment to engage in the informal dispute resolution process. Any judgment on the | ||||
| > | award rendered by the arbitrator may be entered in any court of competent juris | ||||
| > | diction. You and we agree that the arbitrator, and not any federal, state, or lo | ||||
| > | cal court or agency, shall have exclusive authority to resolve any disputes rela | ||||
| > | ting to the interpretation, applicability, enforceability, or formation of this | ||||
| > | Arbitration Agreement, including any claim that all or any part of this Arbitrat | ||||
| > | ion Agreement is void or voidable. The arbitrator shall also be responsible for | ||||
| > | determining all threshold arbitrability issues, including issues relating to whe | ||||
| > | ther these Terms, or any provision of these Terms, is unconscionable or illusory | ||||
| > | or any defense to arbitration, including waiver, delay, laches, unconscionabili | ||||
| > | ty, or estoppel. | ||||
| 317 | NOTHING IN THIS SECTION WILL BE DEEMED AS PREVENTING US FROM SEEKING INJUNCTIVE | ||||
| > | OR OTHER EQUITABLE RELIEF FROM THE COURTS AS NECESSARY TO PREVENT THE ACTUAL OR | ||||
| > | THREATENED INFRINGEMENT, MISAPPROPRIATION, OR VIOLATION OF OUR DATA SECURITY, IN | ||||
| > | TELLECTUAL PROPERTY, OR OTHER PROPRIETARY RIGHTS; OR PREVENTING YOU FROM ASSERTI | ||||
| > | NG CLAIMS IN SMALL CLAIMS COURT, IF YOUR CLAIMS QUALIFY AND SO LONG AS THE MATTE | ||||
| > | R REMAINS IN SUCH COURT AND ADVANCES ON ONLY AN INDIVIDUAL (NON-CLASS, NON-COLLE | ||||
| > | CTIVE, AND NON-REPRESENTATIVE) BASIS. | ||||
| 318 | IF THIS ARBITRATION AGREEMENT IS FOUND TO BE VOID, UNENFORCEABLE, OR UNLAWFUL, I | ||||
| > | N WHOLE OR IN PART, THE VOID, UNENFORCEABLE, OR UNLAWFUL PROVISION, IN WHOLE OR | ||||
| > | IN PART, SHALL BE SEVERED. SEVERANCE OF THE VOID, UNENFORCEABLE, OR UNLAWFUL PRO | ||||
| > | VISION, IN WHOLE OR IN PART, SHALL HAVE NO IMPACT ON THE REMAINING PROVISIONS OF | ||||
| > | THE ARBITRATION AGREEMENT, WHICH SHALL REMAIN IN FORCE, OR THE PARTIES’ ABILITY | ||||
| > | TO COMPEL ARBITRATION OF ANY REMAINING CLAIMS ON AN INDIVIDUAL BASIS PURSUANT T | ||||
| > | O THE ARBITRATION AGREEMENT. NOTWITHSTANDING THE FOREGOING, IF THE CLASS ACTION/ | ||||
| > | JURY TRIAL WAIVER IS FOUND TO BE VOID, UNENFORCEABLE, OR UNLAWFUL, IN WHOLE OR I | ||||
| > | N PART, BECAUSE IT WOULD PREVENT YOU FROM SEEKING PUBLIC INJUNCTIVE RELIEF, THEN | ||||
| > | ANY DISPUTE REGARDING THE ENTITLEMENT TO SUCH RELIEF (AND ONLY THAT RELIEF) MUS | ||||
| > | T BE SEVERED FROM ARBITRATION AND MAY BE LITIGATED IN A CIVIL COURT OF COMPETENT | ||||
| > | JURISDICTION. ALL OTHER CLAIMS FOR RELIEF SUBJECT TO ARBITRATION UNDER THIS ARB | ||||
| > | ITRATION AGREEMENT SHALL BE ARBITRATED UNDER ITS TERMS, AND THE PARTIES AGREE TH | ||||
| > | AT LITIGATION OF ANY DISPUTE REGARDING THE ENTITLEMENT TO PUBLIC INJUNCTIVE RELI | ||||
| > | EF SHALL BE STAYED PENDING THE OUTCOME OF ANY INDIVIDUAL CLAIMS IN ARBITRATION. | ||||
| 319 | 16.3. Class Action/Jury Trial Waiver | ||||
| 320 | WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAIN | ||||
| > | ED OR USED OUR SERVICE FOR PERSONAL, COMMERCIAL, OR OTHER PURPOSES, ALL CLAIMS M | ||||
| > | UST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CL | ||||
| > | ASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GE | ||||
| > | NERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS A | ||||
| > | RBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE M | ||||
| > | ORE THAN ONE PERSON’S CLAIMS. YOU AND WE AGREE THAT THE ARBITRATOR MAY AWARD REL | ||||
| > | IEF ONLY TO AN INDIVIDUAL CLAIMANT AND ONLY TO THE EXTENT NECESSARY TO PROVIDE R | ||||
| > | ELIEF ON INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED MAY NOT AFFECT OTHER USERS. YOU | ||||
| > | AND WE AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND WE ARE EACH WAIVING TH | ||||
| > | E RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTIO | ||||
| > | N, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KI | ||||
| > | ND. | ||||
| 321 | 17. U.S. Government and Other Governmental Entity Rights | ||||
| 322 | This Section applies if you are a “Governmental Entity”, defined as the United S | ||||
| > | tates or any nation, state, municipality, or other political subdivision thereof | ||||
| > | , and any entity, body, agency, commission, department, board, bureau, or court, | ||||
| > | whether domestic, foreign, or multinational, exercising executive, legislative, | ||||
| > | judicial, regulatory, or administrative functions of or pertaining to governmen | ||||
| > | t, and any employee or official thereof. For purposes of the United States gover | ||||
| > | nment, our Services are “commercial computer software” as defined at 48 C.F.R. § | ||||
| > | 2.101 and 48 C.F.R. § 252.227-7014(a)(1) and as the term is used in 48 C.F.R. § | ||||
| > | § 12.212 and 227.7202, and the Services is a “commercial service” as defined in | ||||
| > | 48 C.F.R. § 2.101. The Services and related documentation is provided to all Gov | ||||
| > | ernmental Entity customers and their users, for use by the Governmental Entity c | ||||
| > | ustomer or on its behalf, subject to these Terms and with only those rights as a | ||||
| > | re granted to all other customers and authorized users pursuant to the terms and | ||||
| > | conditions herein. | ||||
| 323 | These Terms, including (by way of example only) Sections 6.3 (Renewals), 6.4 (Ca | ||||
| > | ncellations and Terminations), 6.5 (Late Payments), 12 (Indemnity), 16 (Governin | ||||
| > | g Law, Arbitration, and Class Action/Jury Trial Waiver), 22.1 (Assignment) apply | ||||
| > | to Governmental Entities and their authorized users except as prohibited by app | ||||
| > | licable law. If and to the extent any provision or term herein is so prohibited, | ||||
| > | such provision will be deemed modified only to the extent reasonably necessary | ||||
| > | to conform to applicable law but to give maximum effect to the provision or term | ||||
| > | s as written. | ||||
| 324 | 18. Export Controls and Sanctions | ||||
| 325 | You understand and acknowledge that we or our Services may be subject to export | ||||
| > | control laws and regulations. You agree to comply with all applicable export and | ||||
| > | re-export control and trade and economic sanctions laws, including the Export A | ||||
| > | dministration Regulations maintained by the U.S. Department of Commerce, trade a | ||||
| > | nd economic sanctions maintained by the U.S. Treasury Department’s Office of For | ||||
| > | eign Assets Control (OFAC), and the International Traffic in Arms Regulations ma | ||||
| > | intained by the U.S. State Department. Neither you, nor any person to which you | ||||
| > | make our Services available or that is acting on your behalf, or, if you are an | ||||
| > | Organization, any of your subsidiaries, or any of your or their directors, offic | ||||
| > | ers or employees, or any person owning 50% or more of your equity securities or | ||||
| > | other equivalent voting interests, is (i) a person on the List of Specially Desi | ||||
| > | gnated Nationals and Blocked Persons or any other list of sanctioned persons adm | ||||
| > | inistered by OFAC or any other governmental entity, or (ii) located within or a | ||||
| > | resident of, or a segment of the government of, any country or territory for whi | ||||
| > | ch the United States maintains trade and economic sanctions or embargoes. | ||||
| 326 | 19. Publicity Rights | ||||
| 327 | We may identify you as our customer in our promotional materials. We will prompt | ||||
| > | ly stop doing so upon your request, which you may send using the “Message Suppor | ||||
| > | t” link under the “Help” menu within our Services, or the “How can we help?” int | ||||
| > | erface at this link. | ||||
| 328 | 20. Interactive Services | ||||
| 329 | We and our Services provide, and use third-party tools to provide, various inter | ||||
| > | active services, including chatbot and managed chat functionality. You agree tha | ||||
| > | t we and our third-party tools may monitor and retain a transcript of all commun | ||||
| > | ications with you via these interactive tools in order to provide the tools and | ||||
| > | for quality and verification purposes. Your use of any of these tools is governe | ||||
| > | d by these Terms and our Privacy Policy. | ||||
| 330 | 21. EU Digital Services Act Disclosures | ||||
| 331 | We take illegal content and misinformation seriously, as described in our EU Dig | ||||
| > | ital Services Act Disclosures, as updated from time to time, which are available | ||||
| > | at www.airtable.com/company/dsa and are incorporated into these Terms by refere | ||||
| > | nce (the “DSA Disclosures”). The DSA Disclosures are directed to residents of th | ||||
| > | e European Union (EU). | ||||
| 332 | 22. General | ||||
| 333 | 22.1. Assignment | ||||
| 334 | These Terms, and any rights and licenses granted hereunder, may not be transferr | ||||
| > | ed or assigned by you without our prior express written consent, but may be assi | ||||
| > | gned by us without restriction. Any attempted transfer or assignment in violatio | ||||
| > | n hereof will be null and void. | ||||
| 335 | 22.2. Notification Procedures and Changes to these Terms | ||||
| 336 | We may provide notifications, whether such notifications are required by law or | ||||
| > | are for marketing or other business-related purposes, to you via email notice, w | ||||
| > | ritten or hard copy notice, or through posting of such notice on our website, as | ||||
| > | we determine in our sole discretion. We reserve the right to determine the form | ||||
| > | and means of providing notifications to our users, provided that you may opt ou | ||||
| > | t of certain notifications as required under applicable laws or as described in | ||||
| > | these Terms or our Privacy Policy. We are not responsible for any automatic filt | ||||
| > | ering you or your network provider may apply to email notifications we send to t | ||||
| > | he email address you provide us. | ||||
| 337 | These Terms apply to and govern your access to and use of our Services effective | ||||
| > | as of the start of your access to or use of our Services, even if such access o | ||||
| > | r use began before publication of these Terms. | ||||
| 338 | We may, in our sole discretion, modify or update these Terms from time to time, | ||||
| > | and so you should review this page periodically. In such cases, we will update t | ||||
| > | he “Last Updated” date at the top of this page. When we change these Terms in a | ||||
| > | material manner, we will notify you that material changes have been made to thes | ||||
| > | e Terms, for example by posting the modified Terms on our website, by displaying | ||||
| > | a prominent notice within the Services, or through other communications. Your c | ||||
| > | ontinued use of our Services after any change to these Terms constitutes your ac | ||||
| > | ceptance of the new Terms of Service. If you do not agree to any part of these T | ||||
| > | erms or any future Terms of Service, do not use or access (or continue to use or | ||||
| > | access) our Services, and delete your Airtable Account. | ||||
| 339 | 22.3. Entire Agreement/Severability | ||||
| 340 | These Terms, together with any amendments and any additional agreements you may | ||||
| > | enter into with us in connection with our Services (and including any terms inco | ||||
| > | rporated herein by reference), will constitute the entire agreement between you | ||||
| > | and us concerning our Services. None of our employees or representatives are aut | ||||
| > | horized to make any modification or addition to these Terms. Any statements or c | ||||
| > | omments made between you and any of our employees or representatives are express | ||||
| > | ly excluded from these Terms and will not apply to you or us or your use of our | ||||
| > | Services. If any provision of these Terms is deemed invalid by a court of compet | ||||
| > | ent jurisdiction, the invalidity of such provision will not affect the validity | ||||
| > | of the remaining provisions of these Terms, which will remain in full force and | ||||
| > | effect, except that in the event of unenforceability of the universal Class Acti | ||||
| > | on/Jury Trial Waiver, the entire arbitration agreement will be unenforceable. | ||||
| 341 | 22.4. No Waiver | ||||
| 342 | No waiver of any term of these Terms will be deemed a further or continuing waiv | ||||
| > | er of such term or any other term, and our failure to assert any right or provis | ||||
| > | ion under these Terms will not constitute a waiver of such right or provision. | ||||
| 343 | 22.5. California Residents | ||||
| 344 | The provider of the Services is Formagrid Inc. If you are a California resident, | ||||
| > | in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Com | ||||
| > | plaint Assistance Unit of the Division of Consumer Services of the California De | ||||
| > | partment of Consumer Affairs by contacting them in writing at 1625 North Market | ||||
| > | Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (9 | ||||
| > | 16) 445-1254. | ||||
| 345 | 22.6. Contact | ||||
| 346 | If you have any questions about these Terms, please contact us at legal@airtable | ||||
| > | .com. | ||||
| 155 | Airtable home | 347 | Airtable home | ||
| 156 | Platform | 348 | Platform | ||
| 157 | Solutions | 349 | Solutions | ||
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