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| 0 | Terms of service Version Last Modified: 1 May 2026 These Terms of Service (this " Agreement ") are a binding contract between you (" Customer ," " you ," or " your ") and SUPABASE PTE. | 0 | Legal / Customer Legal Resources Terms of Service Version These Terms of Service (this "Agreement") are a binding contract between you ("Customer," "you," or "your") and SUPABASE PTE. |
| 1 | LTD., a Singapore entity with a registered address of 65 Chulia Street #38-02/03, OCBC Centre, Singapore 049513 (" Supabase ," " we ," or " us "). | 1 | LTD., a Singapore entity with a registered address of 65 Chulia Street #38-02/03, OCBC Centre, Singapore 049513 ("Supabase," "we," or "us"). |
| 2 | This Agreement governs your access to and use of the Cloud Services. | 2 | This Agreement governs your access to and use of the Cloud Services, except to the extent that Customer has entered into an Order or separate agreement with Supabase that expressly incorporates different terms, in which case those other terms will govern. |
| 3 | Supabase and Customer may be referred to herein collectively as the " Parties " or individually as a " Party ." THIS AGREEMENT TAKES EFFECT WHEN YOU CLICK THE "I ACCEPT" BUTTON BELOW OR BY ACCESSING OR USING THE SERVICES (the " Effective Date "). | 3 | Supabase and Customer may be referred to herein collectively as the "Parties" or individually as a "Party." THIS AGREEMENT TAKES EFFECT WHEN YOU CLICK THE "I ACCEPT" BUTTON BELOW OR BY ACCESSING OR USING THE SERVICES (the "Effective Date"). |
| 6 | THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION PROVISION IN SECTION 13(b) (THE " ARBITRATION AGREEMENT ") AND A CLASS ACTION/JURY TRIAL WAIVER PROVISION IN SECTION 13(c) (THE " CLASS ACTION/JURY TRIAL WAIVER ") THAT REQUIRE, UNLESS CUSTOMER OPTS OUT PURSUANT TO THE INSTRUCTIONS IN THE ARBITRATION AGREEMENT, THE EXCLUSIVE USE OF FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES BETWEEN YOU AND US, INCLUDING ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE YOU AGREED TO THIS AGREEMENT. | 6 | THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION PROVISION IN SECTION 13(b) (THE "ARBITRATION AGREEMENT") AND A CLASS ACTION/JURY TRIAL WAIVER PROVISION IN SECTION 13(c) (THE "CLASS ACTION/JURY TRIAL WAIVER") THAT REQUIRE, UNLESS CUSTOMER OPTS OUT PURSUANT TO THE INSTRUCTIONS IN THE ARBITRATION AGREEMENT, THE EXCLUSIVE USE OF FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES BETWEEN YOU AND US, INCLUDING ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE YOU AGREED TO THIS AGREEMENT. |
| 10 | " Aggregated Data " means data and information related to or derived from Customer Data or Customer's use of the Services that is used by Supabase in an aggregate and anonymized manner, including to compile statistical and performance information related to the Services. b. | 10 | "Aggregated Data" means data and information related to or derived from Customer Data or Customer's use of the Services that is used by Supabase in an aggregate and anonymized manner, including to compile statistical and performance information related to the Services. b. |
| 11 | " Authorized User " means Customer's employees, consultants, contractors, and agents (i) who are authorized by Customer to access and use the Services under the rights granted to Customer pursuant to this Agreement; and (ii) for whom access to the Services has been purchased hereunder. c. | 11 | "Authorized User" means Customer's employees, consultants, contractors, and agents (i) who are authorized by Customer to access and use the Services under the rights granted to Customer pursuant to this Agreement; and (ii) for whom access to the Services has been purchased hereunder. c. |
| 12 | " Customer Data " means information, data, and other content, in any form or medium, that is submitted, posted, or otherwise transmitted by or on behalf of Customer or an Authorized User through the Services; provided that, for purposes of clarity, Customer Data does not include Aggregated Data. d. | 12 | "Customer Data" means information, data, and other content, in any form or medium, that is submitted, posted, or otherwise transmitted by or on behalf of Customer or an Authorized User through the Services; provided that, for purposes of clarity, Customer Data does not include Aggregated Data. d. “Data Processing Addendum” means the Data Processing Addendum available at https://supabase.com/legal/customer-resources/data-processing-addendum , or, if the Parties have a separately executed agreement in effect that covers the same subject matter, the separately executed agreement. d. |
| 13 | " Documentation " means Supabase's end user documentation relating to the Services available at supabase.io. e. | 13 | "Documentation" means Supabase's end user documentation relating to the Services available at supabase.io. e. |
| 14 | " Harmful Code " means any software, hardware, or other technology, device, or means, including any virus, worm, malware, or other malicious computer code, the purpose or effect of which is to permit unauthorized access to, or to destroy, disrupt, disable, distort, or otherwise harm or impede in any manner any (i) computer, software, firmware, hardware, system, or network; or (ii) any application or function of any of the foregoing or the security, integrity, confidentiality, or use of any data processed thereby. f. | 14 | "Harmful Code" means any software, hardware, or other technology, device, or means, including any virus, worm, malware, or other malicious computer code, the purpose or effect of which is to permit unauthorized access to, or to destroy, disrupt, disable, distort, or otherwise harm or impede in any manner any (i) computer, software, firmware, hardware, system, or network; or (ii) any application or function of any of the foregoing or the security, integrity, confidentiality, or use of any data processed thereby. f. |
| 15 | " Order " means: (i) the purchase order, order form, or other ordering document entered into by the Parties that incorporates this Agreement by reference; or (ii) if Customer registered for the Services through Supabase's online ordering process, the results of such online ordering process. g. | 15 | "Order" means: (i) the purchase order, order form, or other ordering document entered into by the Parties that incorporates this Agreement by reference; or (ii) if Customer registered for the Services through Supabase's online ordering process, the results of such online ordering process. g. |
| 16 | " Personal Information " means any information that, individually or in combination, does or can identify a specific individual or by or from which a specific individual may be identified, contacted, or located, including without limitation all data considered "personal data", "personally identifiable information", or something similar under applicable laws, rules, or regulations relating to data privacy. h. | 16 | "Personal Information" means any information that, individually or in combination, does or can identify a specific individual or by or from which a specific individual may be identified, contacted, or located, including without limitation all data considered "personal data", "personally identifiable information", or something similar under applicable laws, rules, or regulations relating to data privacy. h. |
| 17 | " Services " means Supabase's proprietary hosted software platform, as made available by Supabase to Authorized Users from time to time. i. | 17 | "Services" means Supabase's proprietary hosted software platform, as made available by Supabase to Authorized Users from time to time. i. |
| 18 | " Supabase IP " means the Services, the Documentation, and any and all intellectual property provided to Customer or any Authorized User in connection with the foregoing. | 18 | "Supabase IP" means the Services, the Documentation, and any and all intellectual property provided to Customer or any Authorized User in connection with the foregoing. |
| 20 | " Third-Party Products " means any third-party products provided with, integrated with, or incorporated into the Services. k. | 20 | "Third-Party Products" means any third-party products provided with, integrated with, or incorporated into the Services. k. |
| 21 | " Usage Limitations " means the usage limitations set forth in this Agreement and the Order, including without limitation any limitations on the number of Authorized Users (if any), and the applicable product, pricing, and support tiers agreed-upon by the Parties. 2. | 21 | "Usage Limitations" means the usage limitations set forth in this Agreement and the Order, including without limitation any limitations on the number of Authorized Users (if any), and the applicable product, pricing, and support tiers agreed-upon by the Parties. 2. |
| 31 | Suspension # Notwithstanding anything to the contrary in this Agreement, Supabase may temporarily suspend Customer's and any Authorized User's access to any portion or all of the Services if: (i) Supabase reasonably determines that (A) there is a threat or attack on any of the Supabase IP; (B) Customer's or any Authorized User's use of the Supabase IP disrupts or poses a security risk to the Supabase IP or to any other customer or vendor of Supabase; (C) Customer, or any Authorized User, is using the Supabase IP for fraudulent or illegal activities; (D) subject to applicable law, Customer has ceased to continue its business in the ordinary course, made an assignment for the benefit of creditors or similar disposition of its assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution, or similar proceeding; or (E) Supabase's provision of the Services to Customer or any Authorized User is prohibited by applicable law; (ii) any vendor of Supabase has suspended or terminated Supabase's access to or use of any Third-Party Products required to enable Customer to access the Services; or (iii) in accordance with Section 5(a) (any such suspension described in subclause (i), (ii), or (iii), a " Service Suspension "). | 31 | Suspension # Notwithstanding anything to the contrary in this Agreement, Supabase may temporarily suspend Customer's and any Authorized User's access to any portion or all of the Services if: (i) Supabase reasonably determines that (A) there is a threat or attack on any of the Supabase IP; (B) Customer's or any Authorized User's use of the Supabase IP disrupts or poses a security risk to the Supabase IP or to any other customer or vendor of Supabase; (C) Customer, or any Authorized User, is using the Supabase IP for fraudulent or illegal activities; (D) subject to applicable law, Customer has ceased to continue its business in the ordinary course, made an assignment for the benefit of creditors or similar disposition of its assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution, or similar proceeding; or (E) Supabase's provision of the Services to Customer or any Authorized User is prohibited by applicable law; (ii) any vendor of Supabase has suspended or terminated Supabase's access to or use of any Third-Party Products required to enable Customer to access the Services; or (iii) in accordance with Section 5(a) (any such suspension described in subclause (i), (ii), or (iii), a "Service Suspension"). |
| 47 | Customer Control and Responsibility # Customer has and will retain sole responsibility for: (i) all Customer Data, including its content and use; (ii) all information, instructions, and materials provided by or on behalf of Customer or any Authorized User in connection with the Services; (iii) Customer's information technology infrastructure, including computers, software, databases, electronic systems (including database management systems), and networks, whether operated directly by Customer or through the use of third-party services (" Customer Systems "); (iv) the security and use of Customer's and its Authorized Users' access credentials; and (v) all access to and use of the Services directly or indirectly by or through the Customer Systems or its or its Authorized Users' access credentials, with or without Customer's knowledge or consent, including all results obtained from, and all conclusions, decisions, and actions based on, such access or use. d. | 47 | Customer Control and Responsibility # Customer has and will retain sole responsibility for: (i) all Customer Data, including its content and use; (ii) all information, instructions, and materials provided by or on behalf of Customer or any Authorized User in connection with the Services; (iii) Customer's information technology infrastructure, including computers, software, databases, electronic systems (including database management systems), and networks, whether operated directly by Customer or through the use of third-party services ("Customer Systems"); (iv) the security and use of Customer's and its Authorized Users' access credentials; and (v) all access to and use of the Services directly or indirectly by or through the Customer Systems or its or its Authorized Users' access credentials, with or without Customer's knowledge or consent, including all results obtained from, and all conclusions, decisions, and actions based on, such access or use. d. |
| 48 | Responsible Use of AI-Powered Tools # From time to time, Supabase may make available chatbots or other artificial intelligence-enabled tools to assist with customer support inquiries or other interactions (each, an " AI Tool "). | 48 | Responsible Use of AI-Powered Tools # From time to time, Supabase may make available chatbots or other artificial intelligence-enabled tools to assist with customer support inquiries or other interactions (each, an "AI Tool"). |
| 49 | Customer is responsible for the responsible and informed use of any AI Tool, including by: (a) ensuring that any data, content, prompts, or other materials Customer or its Authorized Users submit to an AI Tool (collectively, " AI Input ") (i) are submitted with all necessary rights, consents, and authorizations, including with respect to any third-party or personal information contained therein, and (ii) do not violate applicable law, infringe or misappropriate any third-party right, or breach any obligation of confidentiality owed to a third party; (b) applying human judgment to review, evaluate, and verify any output generated by an AI Tool (" AI Output ") before relying on it, using it or otherwise acting on it; (c) not treating any AI Output as legal, financial, security, or other professional advice; and (d) escalating to a human Supabase representative through Supabase's standard support channels whenever Customer requires authoritative confirmation, has a time-sensitive issue, or is otherwise not satisfied with the AI Output. 4. | 49 | Customer is responsible for the responsible and informed use of any AI Tool, including by: (a) ensuring that any data, content, prompts, or other materials Customer or its Authorized Users submit to an AI Tool (collectively, "AI Input") (i) are submitted with all necessary rights, consents, and authorizations, including with respect to any third-party or personal information contained therein, and (ii) do not violate applicable law, infringe or misappropriate any third-party right, or breach any obligation of confidentiality owed to a third party; (b) applying human judgment to review, evaluate, and verify any output generated by an AI Tool ("AI Output") before relying on it, using it or otherwise acting on it; (c) not treating any AI Output as legal, financial, security, or other professional advice; and (d) escalating to a human Supabase representative through Supabase's standard support channels whenever Customer requires authoritative confirmation, has a time-sensitive issue, or is otherwise not satisfied with the AI Output. 4. |
| 52 | Fees # Where paid for services are agreed between Supabase and Customer per the Order, Customer shall pay Supabase the fees (" Fees ") identified in the Order without offset or deduction at the cadence identified in the Order (e.g., monthly or annually). | 52 | Fees # Where paid for services are agreed between Supabase and Customer per the Order, Customer shall pay Supabase the fees ("Fees") identified in the Order without offset or deduction at the cadence identified in the Order (e.g., monthly or annually). |
| 54 | If Customer fails to make any payment when due, and Customer has not notified Supabase in writing within ten (10) days of the payment becoming due and payable that the payment is subject to a good faith dispute, without limiting Supabase's other rights and remedies: (i) Supabase may charge interest on the undisputed past due amount at the rate of 1.5% per month, calculated daily and compounded monthly or, if lower, the highest rate permitted under applicable law; (ii) Customer shall reimburse Supabase for all reasonable costs incurred by Supabase in collecting any late payments or interest, including attorneys' fees, court costs, and collection agency fees; and (iii) if such failure continues for ten (10) days or more, Supabase may suspend Customer's and its Authorized Users' access to any portion or all of the Services until such amounts are paid in full. b. | 54 | If Customer fails to make any payment when due, and Customer has not notified Supabase in writing within ten (10) days of the payment becoming due and payable that the payment is subject to a good faith dispute, without limiting Supabase's other rights and remedies: (i) Supabase may charge interest on the undisputed past due amount at the rate of 1.5% per month, calculated daily and compounded monthly or, if lower, the highest rate permitted under applicable law; (ii) Customer shall reimburse Supabase for all reasonable costs incurred by Supabase in collecting any late payments or interest, including attorneys' fees, court costs, and collection agency fees; and (iii) if such failure continues for ten (10) days or more, Supabase may suspend Customer's and its Authorized Users' access to any portion or all of the Services until such amounts are paid in full. i. |
| 55 | Waiver of Withdrawal Right for EU and UK Consumers # If you are a resident of the European Union or the United Kingdom and subject to applicable consumer protection laws, you acknowledge that by creating a project or initiating use of the Supabase services during the 14-day statutory withdrawal period, the services will begin immediately at your request. | ||
| 56 | Accordingly, you expressly consent to the immediate provision of the services and acknowledge that you waive your right to cancel the service and receive a refund under applicable consumer protection laws. b. | ||
| 57 | To the extent that Supabase is required by law to pay any such taxes, duties, or other charges to any governmental or regulatory authority, Supabase may invoice Customer for such taxes, duties, or other charges and Customer will pay such invoiced amounts in accordance with this Agreement. 6. | 59 | To the extent that Supabase is required by law to pay any such taxes, duties, or other charges to any governmental or regulatory authority, Supabase may invoice Customer for such taxes, duties, or other charges and Customer will pay such invoiced amounts in accordance with this Agreement. c. |
| 60 | Credit Authorization and Fraud Prevention. # To mitigate billing fraud and unauthorized usage, Supabase reserves the right to implement reasonable credit authorization, payment validation, and usage control measures, including but not limited to: (i) preauthorization or validation of Customer's payment method upon account creation or prior to provisioning Services; (ii) applying initial or ongoing spend limits, usage caps, or throttling mechanisms to accounts with insufficient billing history or elevated risk profiles; (iii) suspending or restricting access to Services where Supabase reasonably suspects fraudulent activity, failed payment authorization, or violation of usage terms; (iv) delaying the provisioning of high-cost Services or infrastructure pending verification or authorization; and (v) employing fraud-detection tools and analytics, including third-party services, to assess and manage risk. | ||
| 61 | Supabase will make commercially reasonable efforts to notify Customer prior to suspending or restricting Service access under this Section, except in cases of suspected fraud, payment failure, or material risk to Supabase's infrastructure or systems. | ||
| 62 | Customer agrees to cooperate with any reasonable verification or remediation steps required by Supabase to restore access. 6. | ||
| 59 | Definition # From time to time during the Subscription Period, either Party may disclose or make available to the other Party information about its business affairs, products, confidential intellectual property, trade secrets, third-party confidential information, and other sensitive or proprietary information, whether orally or in written, electronic, or other form or media that: (i) is marked, designated or otherwise identified as "confidential" or something similar at the time of disclosure or within a reasonable period of time thereafter; or (ii) would be considered confidential by a reasonable person given the nature of the information or the circumstances of its disclosure (collectively, " Confidential Information "). | 64 | Definition # From time to time during the Subscription Period, either Party may disclose or make available to the other Party information about its business affairs, products, confidential intellectual property, trade secrets, third-party confidential information, and other sensitive or proprietary information, whether orally or in written, electronic, or other form or media that: (i) is marked, designated or otherwise identified as "confidential" or something similar at the time of disclosure or within a reasonable period of time thereafter; or (ii) would be considered confidential by a reasonable person given the nature of the information or the circumstances of its disclosure (collectively, "Confidential Information"). |
| 61 | Duty # The receiving Party shall not disclose the disclosing Party's Confidential Information to any person or entity, except to the receiving Party's employees, contractors, and agents who have a need to know the Confidential Information for the receiving Party to exercise its rights or perform its obligations hereunder (" Representatives "). | 66 | Duty # The receiving Party shall not disclose the disclosing Party's Confidential Information to any person or entity, except to the receiving Party's employees, contractors, and agents who have a need to know the Confidential Information for the receiving Party to exercise its rights or perform its obligations hereunder ("Representatives"). |
| 67 | Personal Information. # Supabase's privacy policy, available at https://supabase.com/privacy (" Privacy Policy ") is subject to change as described therein. | 72 | Personal Information. # a. |
| 68 | By accessing, using, and providing information to or through the Services, Customer acknowledges that it has reviewed the Privacy Policy, and consents to all actions taken by Supabase with respect to Customer's information in compliance with the then-current version of the Privacy Policy. | 73 | Account Information. # Supabase's privacy policy, available at https://supabase.com/privacy ("Privacy Policy") is subject to change as described therein. |
| 69 | Customer will ensure that its Customer Data, and its use of such Customer Data, complies with this Agreement and any applicable law. | 74 | By accessing, using, and providing information to or through the Services, Customer acknowledges that it has reviewed the Privacy Policy, and consents to all actions taken by Supabase with respect to Customer's information in compliance with the then-current version of the Privacy Policy. b. |
| 75 | Customer Data. # Customer will ensure that its Customer Data, and its use of such Customer Data, complies with this Agreement and any applicable law. | ||
| 72 | Customer may not store any payment cardholder information using the Services without Supabase's prior written approval. 8. | 78 | Customer may not store any payment cardholder information using the Services without Supabase's prior written approval. |
| 79 | The Parties agree to comply with the Data Processing Addendum, which is incorporated into this Agreement. 8. | ||
| 80 | Feedback # If Customer or any of its employees or contractors sends or transmits any communications or materials to Supabase by mail, email, telephone, or otherwise, suggesting or recommending changes to the Supabase IP, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like (" Feedback "), Supabase is free to use such Feedback irrespective of any other obligation or limitation between the Parties governing such Feedback so long as Supabase does not identify Customer as the source of the Feedback without Customer's prior approval. 9. | 87 | Feedback # If Customer or any of its employees or contractors sends or transmits any communications or materials to Supabase by mail, email, telephone, or otherwise, suggesting or recommending changes to the Supabase IP, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like ("Feedback"), Supabase is free to use such Feedback irrespective of any other obligation or limitation between the Parties governing such Feedback so long as Supabase does not identify Customer as the source of the Feedback without Customer's prior approval. 9. |
| 90 | Supabase Indemnification # Supabase shall indemnify, defend, and hold harmless Customer from and against any and all losses, damages, liabilities, costs (including reasonable attorneys' fees) (" Losses ") incurred by Customer resulting from any third-party claim, suit, action, or proceeding (" Third-Party Claim ") that the Services, or any use of the Services in accordance with this Agreement, infringes or misappropriates such third party's US copyrights or trade secrets; provided that Customer promptly notifies Supabase in writing of the claim, cooperates with Supabase, and allows Supabase sole authority to control the defense and settlement of such claim. | 97 | Supabase Indemnification # Supabase shall indemnify, defend, and hold harmless Customer from and against any and all losses, damages, liabilities, costs (including reasonable attorneys' fees) ("Losses") incurred by Customer resulting from any third-party claim, suit, action, or proceeding ("Third-Party Claim") that the Services, or any use of the Services in accordance with this Agreement, infringes or misappropriates such third party's US copyrights or trade secrets; provided that Customer promptly notifies Supabase in writing of the claim, cooperates with Supabase, and allows Supabase sole authority to control the defense and settlement of such claim. |
| 96 | Limitations of Liability. # EXCEPT FOR: (I) A PARTY'S BREACH OF ITS CONFIDENTIALITY OBLIGATIONS; (II) A PARTY'S INDEMNITY OBLIGATIONS; OR (III) A PARTY'S GROSS NEGLIGENCE, FRAUD, OR WILLFUL MISCONDUCT (" EXCLUDED LIABILITIES "), (A) IN NO EVENT WILL EITHER PARTY BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (1) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (2) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (3) LOSS OF GOODWILL OR REPUTATION; (4) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (5) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER SUCH PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE; AND (B) IN NO EVENT WILL EITHER PARTY'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL AMOUNTS PAID AND/OR PAYABLE TO SUPABASE UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM; PROVIDED THAT, NOTWITHSTANDING THE FOREGOING, SUPABASE'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO ANY EXCLUDED LIABILITIES WILL NOT EXCEED THREE TIMES (3X) THE TOTAL AMOUNTS PAID AND/OR PAYABLE TO SUPABASE BY CUSTOMER UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM. 12. | 103 | Limitations of Liability. # EXCEPT FOR: (I) A PARTY'S BREACH OF ITS CONFIDENTIALITY OBLIGATIONS; (II) A PARTY'S INDEMNITY OBLIGATIONS; OR (III) A PARTY'S GROSS NEGLIGENCE, FRAUD, OR WILLFUL MISCONDUCT ("EXCLUDED LIABILITIES"), (A) IN NO EVENT WILL EITHER PARTY BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (1) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (2) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (3) LOSS OF GOODWILL OR REPUTATION; (4) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (5) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER SUCH PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE; AND (B) IN NO EVENT WILL EITHER PARTY'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL AMOUNTS PAID AND/OR PAYABLE TO SUPABASE UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM; PROVIDED THAT, NOTWITHSTANDING THE FOREGOING, SUPABASE'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO ANY EXCLUDED LIABILITIES WILL NOT EXCEED THREE TIMES (3X) THE TOTAL AMOUNTS PAID AND/OR PAYABLE TO SUPABASE BY CUSTOMER UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM. 12. |
| 98 | Subscription Period # The initial term of this Agreement begins on the Effective Date and, unless terminated earlier pursuant to Section 12(b), will continue in effect for the period identified in the Order (the " Initial Subscription Period "). | 105 | Subscription Period # The initial term of this Agreement begins on the Effective Date and, unless terminated earlier pursuant to Section 12(b), will continue in effect for the period identified in the Order (the "Initial Subscription Period"). |
| 99 | This Agreement will automatically renew for additional successive terms equal to the length of the Initial Subscription Period unless earlier terminated pursuant to this Agreement's express provisions or either Party gives the other Party written notice of non-renewal at least thirty (30) days prior to the expiration of the then-current term (each a " Renewal Subscription Period " and together with the Initial Subscription Period, the " Subscription Period "). b. | 106 | This Agreement will automatically renew for additional successive terms equal to the length of the Initial Subscription Period unless earlier terminated pursuant to this Agreement's express provisions or either Party gives the other Party written notice of non-renewal at least thirty (30) days prior to the expiration of the then-current term (each a "Renewal Subscription Period" and together with the Initial Subscription Period, the "Subscription Period"). b. |
| 111 | Notwithstanding the preceding sentences with respect to the substantive law governing this Agreement, the Federal Arbitration Act (9 U.S.C. §§ 1-16) (as it may be amended, " FAA ") governs the interpretation and enforcement of the Arbitration Agreement below and preempts all state laws (and laws of other jurisdictions) to the fullest extent permitted by applicable laws and regulations. | 118 | Notwithstanding the preceding sentences with respect to the substantive law governing this Agreement, the Federal Arbitration Act (9 U.S.C. §§ 1-16) (as it may be amended, "FAA") governs the interpretation and enforcement of the Arbitration Agreement below and preempts all state laws (and laws of other jurisdictions) to the fullest extent permitted by applicable laws and regulations. |
| 120 | This Arbitration Agreement applies to and governs any dispute, controversy, or claim between the Parties that arises out of or relates to, directly or indirectly: (i) this Agreement, including the formation, existence, breach, termination, enforcement, interpretation, validity, and enforceability thereof; (ii) access to or use of the Services, including receipt of any advertising or marketing communications; (iii) any transactions through, by, or using the Services; or (iv) any other aspect of Customer's relationship or transactions with Supabase, directly or indirectly, as a user or consumer (each, a " Claim ," and, collectively, " Claims "). | 127 | This Arbitration Agreement applies to and governs any dispute, controversy, or claim between the Parties that arises out of or relates to, directly or indirectly: (i) this Agreement, including the formation, existence, breach, termination, enforcement, interpretation, validity, and enforceability thereof; (ii) access to or use of the Services, including receipt of any advertising or marketing communications; (iii) any transactions through, by, or using the Services; or (iv) any other aspect of Customer's relationship or transactions with Supabase, directly or indirectly, as a user or consumer (each, a "Claim," and, collectively, "Claims"). |
| 125 | In the unlikely event that the Parties have not been able to resolve a Claim after sixty (60) days, the Claim shall be finally settled under the Rules of Arbitration (" Rules ") of the International Chamber of Commerce (" ICC ") by one or more arbitrators (each, an " Arbitrator ") appointed in accordance with such Rules. | 132 | In the unlikely event that the Parties have not been able to resolve a Claim after sixty (60) days, the Claim shall be finally settled under the Rules of Arbitration ("Rules") of the International Chamber of Commerce ("ICC") by one or more arbitrators (each, an "Arbitrator") appointed in accordance with such Rules. |
| 145 | Notices # All notices, requests, consents, claims, demands, waivers, and other communications hereunder (each, a " Notice ") must be in writing and addressed to the Parties at the addresses set forth on the first page of this Agreement or as identified on the Order Form (or to such other address that may be designated by the Party giving Notice from time to time in accordance with this Section). | 152 | Notices # All notices, requests, consents, claims, demands, waivers, and other communications hereunder (each, a "Notice") must be in writing and addressed to the Parties at the addresses set forth on the first page of this Agreement or as identified on the Order Form (or to such other address that may be designated by the Party giving Notice from time to time in accordance with this Section). |
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