Old version
May 5, 2026 06:17 UTC
31180680881341a57fda4426ab728eb3ef812d48556289c612668a5e191a0edf
CA-V-001248
New version
June 2, 2026 00:50 UTC
530e1a5b44b728118750762979449b90207ccd518b14fd8e4d06360853cc9927
CA-V-003288
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Change Summary
Vercel updated its Terms of Service on June 2, 2026 to add new provisions governing AI functionality and third-party tools. The updated terms establish that users are legally responsible for configuring AI features and third-party tools that take autonomous actions on their behalf, must monitor their settings and output for compliance, and authorize Vercel to use AI-generated actions according to user settings. Users are also now responsible for costs incurred through third-party tools' use of the platform, and Vercel disclaims liability for losses arising from autonomous AI or third-party tool actions. The terms also expanded Team account management to allow Team owners to add email addresses to Teams and remove them from personal accounts.
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0Terms of Service Last Updated March 17, 2026 Effective Date March 31, 2026 On this page Introduction Age and Eligibility Temporary Use License Your Content Hobby Plan Teams and Projects Acceptable Use Etiquette Security and Compliance General PCI Compliance HIPAA Compliance Data Protection Vercel's Role Use of Your Account Information Data Security System Data Usage Restrictions Support Electronic Communications Representation and Warranties Representations Mutual Warranty Indemnification Confidentiality; Proprietary Rights Confidentiality Company Ownership Feedback Customer Name Payment of Fees Plans Payments Term and Termination Term Survival Effect of Termination Disclaimer Limitation of Liability Limit of Liability and Waiver of Consequential Damages Limits Miscellaneous Governing Law; Disputes; Arbitration Law Binding Contract Exclusive Jurisdiction and Venue; Arbitration Governing Law and Other Procedures Informal Process First Arbitration Arbitration Request Notice Regarding Mass Arbitration Exceptions Costs of Arbitration Class Action Waiver Opt-Out Previews Schedule I Domain Name Registration Marketplace Non-Vercel Services AI Products and Services DORA Subject to these Terms of Service (this " Agreement "), Vercel Inc.0Terms of Service Last Updated June 1, 2026 On this page Introduction Age and Eligibility Temporary Use License Your Content Hobby Plan Teams and Projects AI Functionality and Third Party Tools Acceptable Use Etiquette Security and Compliance General PCI Compliance HIPAA Compliance Data Protection Vercel's Role Use of Your Account Information Data Security System Data Usage Restrictions Support Electronic Communications Representation and Warranties Representations Mutual Warranty Indemnification Confidentiality; Proprietary Rights Confidentiality Company Ownership Feedback Customer Name Payment of Fees Plans Payments Term and Termination Term Survival Effect of Termination Disclaimer Limitation of Liability Limit of Liability and Waiver of Consequential Damages Limits Miscellaneous Governing Law; Disputes; Arbitration Law Binding Contract Exclusive Jurisdiction and Venue; Arbitration Governing Law and Other Procedures Informal Process First Arbitration Arbitration Request Notice Regarding Mass Arbitration Exceptions Costs of Arbitration Class Action Waiver Opt-Out Previews Schedule I Domain Name Registration Marketplace Non-Vercel Services AI Products and Services DORA API Subject to these Terms of Service (this " Agreement "), Vercel Inc.
34If you sign up for Vercel with an email address provisioned by a Team (e.g., organizational email), other participants on the Team may be able to view information about any Project you create or for which you are an administrator, member, or guest, including the identities of Project members and guests, and Your Content.34If you sign up for Vercel with an email address provisioned or email domain verified by a Team (e.g., your work or organizational email) (a) other participants on the Team may be able to view information about any Project you create or for which you are an administrator, member, or guest, including the identities of Project members and guests, and Your Content; and (b) the owner of that Team may add your email address to that Team, and remove that email address from any personal account using that email address.
36Acceptable Use Your use of the Services (which include, for the purposes of this Section 6, participation in the Vercel Community or similar discussion forums, if applicable) must comply with Vercel's Acceptable Use Policy , which is incorporated by reference. 7.36AI Functionality and Third Party Tools Services may include products and features that use AI capabilities, allow you to host or deploy AI capabilities, and facilitate access to AI providers and their models (collectively, " AI Functionality ").
37Where the AI Functionality is capable of taking autonomous actions, including through directly interacting with one or more connected third party applications or systems, your settings determine the level of autonomous actions the AI Functionality may take on your behalf.
38You are responsible for configuring appropriate settings, permissions, confirmation processes and other safeguards for the AI Functionality and you must monitor those settings to ensure they meet your compliance, security and other needs.
39You authorize and agree to be legally bound by the actions taken on your behalf by the AI Functionality in accordance with your settings.
40You are responsible for evaluating and monitoring the actions and output of the AI Functionality for correctness and appropriateness for your use case, including human review as appropriate or legally required.
41If you enable (a) your own or third party's AI powered tools, agents, or similar technologies, (b) your own or third party AI, or (c) third party services (" Third Party Tools ") to access the Services (e.g., without limitation, giving Third Party Tools your secrets, credentials, or access to your code repository), you authorize and agree to be legally bound by the actions taken on your behalf by those Third Party Tools.
42You agree that you are responsible for any costs incurred through the Third Party Tools' use of the Services.
43You agree that your Third Party Tools constitute an "electronic agent" or equivalent concept as defined in the Uniform Electronic Transactions Act (UETA) and other similar laws.
44Vercel is not responsible for any loss, damage, liability or other consequence arising from actions taken on your behalf by any Third Party Tools or AI Functionality. 7.
45Acceptable Use Your use of the Services (which include, for the purposes of this Section 7, participation in the Vercel Community or similar discussion forums, if applicable) must comply with Vercel's Acceptable Use Policy , which is incorporated by reference. 8.
38Based on the outcome of these investigations, Vercel may prohibit any use of the Services it believes may be (or is alleged to be) in violation of the foregoing. 8.47Based on the outcome of these investigations, Vercel may prohibit any use of the Services it believes may be (or is alleged to be) in violation of the foregoing. 9.
39Security and Compliance 8.1 General You shall configure Your Content, including any of your projects or deployments, such that the transmission, storage, or use in any way will not expose personal data or personal information without proper consent from individuals as determined by applicable law.48Security and Compliance 9.1 General You shall configure Your Content, including any of your projects or deployments, such that the transmission, storage, or use in any way will not expose personal data or personal information without proper consent from individuals as determined by applicable law.
43If any actual or suspected security incident, vulnerabilities, violations of this Section 8, or issue related to the Services are identified, you shall immediately report it to security@vercel.com . 8.2 PCI Compliance Vercel is not a payment processor.52If any actual or suspected security incident, vulnerabilities, violations of this Section 9, or issue related to the Services are identified, you shall immediately report it to security@vercel.com . 9.2 PCI Compliance Vercel is not a payment processor.
45You agree to comply with Vercel's Documentation on appropriate implementation of the Services for processing payments. 8.3 HIPAA Compliance You shall not use the Services to host any Protected Health Information or information that is subject to the Health Insurance Portability and Accountability Act (HIPAA), unless you first obtain Vercel's prior written approval. 9.54You agree to comply with Vercel's Documentation on appropriate implementation of the Services for processing payments. 9.3 HIPAA Compliance You shall not use the Services to host any Protected Health Information or information that is subject to the Health Insurance Portability and Accountability Act (HIPAA), unless you first obtain Vercel's prior written approval. 10.
46Data Protection 9.1 Vercel's Role We will process the personal information in Your Content, Account Information, and System Data as a data controller or data processor in accordance with Vercel's Data Processing Addendum (" DPA "), which is incorporated by reference, and our Privacy Policy as applicable. 9.2 Use of Your Account Information When signing up for and using Vercel, you provide personal data to Vercel in connection with creating and administering your account (collectively, " Account Information ").55Data Protection 10.1 Vercel's Role We will process the personal information in Your Content, Account Information, and System Data as a data controller or data processor in accordance with Vercel's Data Processing Addendum (" DPA "), which is incorporated by reference, and our Privacy Policy as applicable. 10.2 Use of Your Account Information When signing up for and using Vercel, you provide personal data to Vercel in connection with creating and administering your account (collectively, " Account Information ").
48Vercel may use and disclose Account Information to provide and improve the Services to you, develop new products and services, secure and protect the Services and third parties from fraud, abuse, illegal activities, abuse, malware, malicious files or content, viruses and the like. 9.3 Data Security Vercel will implement and maintain reasonable information security policies and processes (including technical, administrative and physical safeguards) that are designed to prevent unauthorized access to or use or disclosure of the Services or any Account Information. 9.4 System Data Vercel may collect, and retains all right, title and interest in and to, data or information created, analyzed, generated, or derived in connection with the provision, use, and performance of the Services and related systems and technologies, including traffic data, telemetry, logs generated from the Services, and usage statistics (collectively, " System Data ," which in all cases excludes Account Information).57Vercel may use and disclose Account Information to provide and improve the Services to you, develop new products and services, secure and protect the Services and third parties from fraud, abuse, illegal activities, abuse, malware, malicious files or content, viruses and the like. 10.3 Data Security Vercel will implement and maintain reasonable information security policies and processes (including technical, administrative and physical safeguards) that are designed to prevent unauthorized access to or use or disclosure of the Services or any Account Information. 10.4 System Data Vercel may collect, and retains all right, title and interest in and to, data or information created, analyzed, generated, or derived in connection with the provision, use, and performance of the Services and related systems and technologies, including traffic data, telemetry, logs generated from the Services, and usage statistics (collectively, " System Data ," which in all cases excludes Account Information).
49Vercel may (during and after the term of this Agreement) (i) use System Data for any business purposes in its sole discretion, and (ii) disclose such data solely in aggregate or de-identified form in connection with its business. 10.58Vercel may (during and after the term of this Agreement) (i) use System Data for any business purposes in its sole discretion, and (ii) disclose such data solely in aggregate or de-identified form in connection with its business. 11.
53You further acknowledge that Vercel reserves the right to change these general practices and limits at any time, in its sole discretion. 11.62You further acknowledge that Vercel reserves the right to change these general practices and limits at any time, in its sole discretion. 12.
54Support Subject to the terms hereof, Vercel may, but is not required to, provide you with commercially reasonable remote technical support services during Vercel's normal business hours (" Support Services ") in accordance with Vercel's current Support Terms and Conditions . 12.63Support Subject to the terms hereof, Vercel may, but is not required to, provide you with commercially reasonable remote technical support services during Vercel's normal business hours (" Support Services ") in accordance with Vercel's current Support Terms and Conditions . 13.
60You agree that any notices, agreements, disclosures or other communications that Vercel sends you electronically will satisfy any legal communication requirements, including that such communications be in writing. 13.69You agree that any notices, agreements, disclosures or other communications that Vercel sends you electronically will satisfy any legal communication requirements, including that such communications be in writing. 14.
61Representation and Warranties 13.1. Representations You represent and warrant that (i) you own all Your Content or have obtained all permissions, releases, rights or licenses required to engage in posting and other activities (and allow Vercel to perform its obligations) in connection with the Services without obtaining any further releases or consents; (ii) Your Content and other activities in connection with the Services, and Vercel's exercise of all rights and license granted by you herein, do not and will not violate, infringe, or misappropriate any third party's copyright, trademark, right of privacy, or publicity, or other personal or proprietary right; (iii) Your Content is not defamatory, obscene, unlawful, threatening, abusive, tortious, offensive or harassing; and (iv) you will use the Services only in compliance with Vercel's standard published policies and documentation then in effect and all applicable laws and regulations. 13.2. Mutual Warranty Each party represents and warrants to the other that it has full right and power to enter into and perform under this Agreement, without any third-party consents or conflicts with any other agreement. 14.70Representation and Warranties 14.1. Representations You represent and warrant that (i) you own all Your Content or have obtained all permissions, releases, rights or licenses required to engage in posting and other activities (and allow Vercel to perform its obligations) in connection with the Services without obtaining any further releases or consents; (ii) Your Content and other activities in connection with the Services, and Vercel's exercise of all rights and license granted by you herein, do not and will not violate, infringe, or misappropriate any third party's copyright, trademark, right of privacy, or publicity, or other personal or proprietary right; (iii) Your Content is not defamatory, obscene, unlawful, threatening, abusive, tortious, offensive or harassing; (iv) you will use the Services only in compliance with Vercel's standard published policies and documentation then in effect and all applicable laws and regulations; (v) you have all necessary rights, licenses, and authority to use any third-party service account credential, API key or other access method you provide to or enable for the Services; and (vi) you are not the target of sanctions administered or enforced by the U.S. Department of the Treasury's Office of Foreign Assets Control ("OFAC"), the U.S. Department of State, the United Nations Security Council, the European Union, or any other applicable governmental authority. 14.2. Mutual Warranty Each party represents and warrants to the other that it has full right and power to enter into and perform under this Agreement, without any third-party consents or conflicts with any other agreement. 15.
63Vercel shall promptly notify you of any and all threats, claims and proceedings related thereto and give you reasonable assistance and the opportunity to assume sole control over defense and settlement; you will not be responsible for any settlement you do not approve, such approval not to be unreasonably withheld or delayed. 15.72Vercel shall promptly notify you of any and all threats, claims and proceedings related thereto and give you reasonable assistance and the opportunity to assume sole control over defense and settlement; you will not be responsible for any settlement you do not approve, such approval not to be unreasonably withheld or delayed. 16.
64Confidentiality; Proprietary Rights 15.1. Confidentiality You (the " Receiving Party ") understand that Vercel (the " Disclosing Party ") has disclosed or may disclose business, technical, product or financial information or data relating to the Disclosing Party's business (hereinafter referred to as " Proprietary Information " of the Disclosing Party).73Confidentiality; Proprietary Rights 16.1. Confidentiality You (the " Receiving Party ") understand that Vercel (the " Disclosing Party ") has disclosed or may disclose business, technical, product or financial information or data relating to the Disclosing Party's business (hereinafter referred to as " Proprietary Information " of the Disclosing Party).
68If a Receiving Party is required by law or a governmental agency to disclose the Disclosing Party's Proprietary Information, the Receiving Party must provide reasonable notice to the Disclosing Party of such required disclosure so as to permit the Disclosing Party a reasonable period of time to seek a protective order or limit the amount of Proprietary Information to be disclosed. 15.2. Company Ownership Vercel shall own and retain all right, title and interest in and to (a) the Services, all improvements, enhancements or modifications thereto and (b) all intellectual property rights related to any of the foregoing. 15.3. Feedback To the extent you or any of your users provide any suggestions to Vercel regarding the functioning, features, and other characteristics of the Services, documentation, or other material or services provided or made available by Vercel (" Feedback "), you hereby grant Vercel a perpetual, irrevocable, non-exclusive, royalty-free, fully-paid-up, fully transferable, worldwide license (with rights to sublicense through multiple tiers of sublicenses) under all of your intellectual property rights, for Vercel to use and exploit in any manner and for any purpose. 15.4. Customer Name During the term of this Agreement, you grant Vercel a non-exclusive, royalty-free, fully-paid up license to use and reproduce your trademarks, trade names and logos in Vercel's marketing materials and website(s) and to indicate that you are a Vercel customer.77If a Receiving Party is required by law or a governmental agency to disclose the Disclosing Party's Proprietary Information, the Receiving Party must provide reasonable notice to the Disclosing Party of such required disclosure so as to permit the Disclosing Party a reasonable period of time to seek a protective order or limit the amount of Proprietary Information to be disclosed. 16.2. Company Ownership Vercel shall own and retain all right, title and interest in and to (a) the Services, all improvements, enhancements or modifications thereto and (b) all intellectual property rights related to any of the foregoing. 16.3. Feedback To the extent you or any of your users provide any suggestions to Vercel regarding the functioning, features, and other characteristics of the Services, documentation, or other material or services provided or made available by Vercel (" Feedback "), you hereby grant Vercel a perpetual, irrevocable, non-exclusive, royalty-free, fully-paid-up, fully transferable, worldwide license (with rights to sublicense through multiple tiers of sublicenses) under all of your intellectual property rights, for Vercel to use and exploit in any manner and for any purpose. 16.4. Customer Name During the term of this Agreement, you grant Vercel a non-exclusive, royalty-free, fully-paid up license to use and reproduce your trademarks, trade names and logos in Vercel's marketing materials and website(s) and to indicate that you are a Vercel customer.
70All goodwill arising out of the use of your trademarks, tradenames and logos shall inure to your benefit. 16.79All goodwill arising out of the use of your trademarks, tradenames and logos shall inure to your benefit. 17.
71Payment of Fees 16.1. Plans The Services will be provided according to the plan level you select.80Payment of Fees 17.1. Fees Vercel offers access to the Services through various plans.
81The pricing and entitlements of each plan are listed at https://vercel.com/pricing .
75You will be charged applicable fees and any applicable taxes for any additional Services added to your self-service subscription.85You will be charged applicable fees and any applicable taxes for any additional Services used.
76You acknowledge and agree that Vercel will automatically charge your credit card or other payment method on record with Vercel in connection with your use of the Services: (i) in advance of each self-service subscription term, for the self-service subscription you have selected and any additional Services added to your self-service subscription; (ii) in arrears, at any point during the self-service subscription term, for any additional Services you have used or added to your self-service subscription during the prior self-service subscription term; and (iii) on purchase of any domain registration and up to thirty (30) days prior to each annual anniversary of your purchase.86You acknowledge and agree that Vercel will automatically charge your credit card or other payment method on record with Vercel ("payment method") in connection with the use of the Services: (i) in advance of each self-service subscription term, for the self-service subscription enabled and any additional Services added; (ii) in arrears, at any point during the self-service subscription term, for any Services used or added during the prior self-service subscription term; (iii) immediately for any Services that are not recurring in nature; and (iv) on purchase of any domain registration and up to thirty (30) days prior to each annual anniversary of your purchase.
78You represent and warrant to Vercel that all of your payment information is true and that you are authorized to use the payment instrument.88You represent and warrant to Vercel that all of your payment information is true and that you are authorized to use the payment method.
80If payment is not received or cannot be charged to your credit card or other payment method for any reason in advance, Vercel reserves the right to either suspend or terminate your access to the Services and terminate this Agreement and for domain registrations, Vercel may not register the domain or may allow the domain registration to expire.90If Vercel detects elevated, irregular, high or anomalous use of the Services, as determined in Vercel's sole discretion, Vercel may automatically charge your payment method for the then accrued fees in connection with the use of the Services.
81All fees are non-refundable, except as expressly stated otherwise in this Agreement. 16.2. Payments All payments shall be made in the currency of, and within the borders of the United States.91If payment is not received or cannot be charged to your payment method for any reason in advance, Vercel reserves the right to either suspend or terminate your access to the Services and terminate this Agreement and for domain registrations, Vercel may not register the domain or may allow the domain registration to expire.
92All fees are non-refundable, except as expressly stated otherwise in this Agreement. 17.2. Payments All payments shall be made in the currency of, and within the borders of the United States.
87Your continued use of the Services after the price change becomes effective constitutes your agreement to pay the changed amount. 17.98Your continued use of the Services after the price change becomes effective constitutes your agreement to pay the changed amount. 18.
88Term and Termination 17.1. Term Subject to earlier termination as provided below, the term of this Agreement will commence on your acceptance of this Agreement and will continue for as long as the Services are being provided to you under this Agreement.99Term and Termination 18.1. Term Subject to earlier termination as provided below, the term of this Agreement will commence on your acceptance of this Agreement and will continue for as long as the Services are being provided to you under this Agreement.
96If Vercel terminates your account without cause and you have signed up for a self-service subscription, Vercel will refund the pro-rated, unearned portion of any amount that you have prepaid to Vercel for such Services. 17.2. Survival All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, Sections 16.1 and 16.2 , and accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability. 17.3. Effect of Termination Upon the termination of this Agreement for any reason: (i) the licenses granted under this Agreement in respect of the Services shall immediately terminate and you and your users shall cease use of the Services; (ii) Vercel will cease providing any Support Services; (iii) you shall pay to Vercel the full amount of any outstanding fees due hereunder; and (iv) within fourteen (14) calendar days of such termination, each party shall destroy or return all Proprietary Information of the other party in its possession or control, and will not make or retain any copies of such information in any form, except that the receiving party may retain one (1) archival copy of such information solely for purposes of ensuring compliance with this Agreement 18.107If Vercel terminates your account without cause and you have signed up for a self-service subscription, Vercel will refund the pro-rated, unearned portion of any amount that you have prepaid to Vercel for such Services. 18.2. Survival All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, Sections 17.1 and 17.2 , and accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability. 18.3. Effect of Termination Upon the termination of this Agreement for any reason: (i) the licenses granted under this Agreement in respect of the Services shall immediately terminate and you and your users shall cease use of the Services; (ii) Vercel will cease providing any Support Services; (iii) you shall pay to Vercel the full amount of any outstanding fees due hereunder; and (iv) within fourteen (14) calendar days of such termination, each party shall destroy or return all Proprietary Information of the other party in its possession or control, and will not make or retain any copies of such information in any form, except that the receiving party may retain one (1) archival copy of such information solely for purposes of ensuring compliance with this Agreement 19.
98VERCEL DOES NOT WARRANT THAT THE SERVICES OR DELIVERABLES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES OR DELIVERABLES. 19.109VERCEL DOES NOT WARRANT THAT THE SERVICES OR DELIVERABLES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES OR DELIVERABLES. 20.
99Limitation of Liability 19.1. Limit of Liability and Waiver of Consequential Damages EXCEPT FOR YOUR BREACH OF SECTIONS 10 (USAGE RESTRICTIONS), 15 (CONFIDENTIALITY; PROPRIETARY RIGHTS), AND 16 (PAYMENT OF FEES), OR YOUR BREACH OF ANY REPRESENTATIONS OR WARRANTIES OR YOUR INDEMNITY OBLIGATIONS, NEITHER PARTY NOR ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT AND TECHNOLOGY SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES; OR (C) FOR ANY DIRECT DAMAGES, COSTS, LOSSES, OF LIABILITIES IN AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE GREATER OF ONE HUNDRED DOLLARS AND THE FEES PAID BY YOU TO VERCEL FOR THE SERVICES UNDER THIS AGREEMENT IN THE 6 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.110Limitation of Liability 20.1. Limit of Liability and Waiver of Consequential Damages EXCEPT FOR YOUR BREACH OF SECTIONS 11 (USAGE RESTRICTIONS), 16 (CONFIDENTIALITY; PROPRIETARY RIGHTS), AND 17 (PAYMENT OF FEES), OR YOUR BREACH OF ANY REPRESENTATIONS OR WARRANTIES OR YOUR INDEMNITY OBLIGATIONS, NEITHER PARTY NOR ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT AND TECHNOLOGY SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES; OR (C) FOR ANY DIRECT DAMAGES, COSTS, LOSSES, OF LIABILITIES IN AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE GREATER OF ONE HUNDRED DOLLARS AND THE FEES PAID BY YOU TO VERCEL FOR THE SERVICES UNDER THIS AGREEMENT IN THE 6 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
100THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER THIS AGREEMENT. 19.2. Limits Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you.111THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER THIS AGREEMENT. 20.2. Limits Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you.
101IN THESE STATES, VERCEL'S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. 20.112IN THESE STATES, VERCEL'S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. 21.
113All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by email; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.Any delays in or failure of performance of Vercel shall not constitute a default hereunder or give rise to any claims for damages if, to the extent that, and for such period that, such delays or failures of performance are caused by any events beyond the reasonable control of Vercel including, without limitation, any of the following specific occurrences: acts of God or the public enemy, acts of terrorism, pandemics, epidemics, labor strikes, expropriation or confiscation of facilities, compliance with any unanticipated duly promulgated governmental order, acts of war, rebellion or sabotage or damage resulting therefrom, fires, floods, explosion, or riots. 21.124All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by email; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.Any delays in or failure of performance of Vercel shall not constitute a default hereunder or give rise to any claims for damages if, to the extent that, and for such period that, such delays or failures of performance are caused by any events beyond the reasonable control of Vercel including, without limitation, any of the following specific occurrences: acts of God or the public enemy, acts of terrorism, pandemics, epidemics, labor strikes, expropriation or confiscation of facilities, compliance with any unanticipated duly promulgated governmental order, acts of war, rebellion or sabotage or damage resulting therefrom, fires, floods, explosion, or riots. 22.
114Governing Law; Disputes; Arbitration 21.1. Law This Agreement shall be governed by the laws of the State of California without regard to its conflict of laws provisions. 21.2. Binding Contract You acknowledge that this Agreement is a contract between you and Vercel, even though it may be electronic and may not be physically signed by you and Vercel, and it governs your use of the Services. 21.3 Exclusive Jurisdiction and Venue; Arbitration THIS SECTION, INCLUDING THE PROVISIONS ON BINDING ARBITRATION AND CLASS ACTION WAIVER, SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT, YOUR ACCOUNT OR THE SERVICE. 21.3.1 Governing Law and Other Procedures This Agreement shall be governed by the laws of the State of California without regard to its conflict of laws provisions and the parties agree to the exclusive jurisdiction of the state and federal courts in the County of San Francisco.125Governing Law; Disputes; Arbitration 22.1. Law This Agreement shall be governed by the laws of the State of California without regard to its conflict of laws provisions. 22.2. Binding Contract You acknowledge that this Agreement is a contract between you and Vercel, even though it may be electronic and may not be physically signed by you and Vercel, and it governs your use of the Services. 22.3 Exclusive Jurisdiction and Venue; Arbitration THIS SECTION, INCLUDING THE PROVISIONS ON BINDING ARBITRATION AND CLASS ACTION WAIVER, SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT, YOUR ACCOUNT OR THE SERVICE. 22.3.1 Governing Law and Other Procedures This Agreement shall be governed by the laws of the State of California without regard to its conflict of laws provisions and the parties agree to the exclusive jurisdiction of the state and federal courts in the County of San Francisco.
117For purposes of this Section 21, " Claims " means collectively, and without limitation, any and all claims, injuries, demands, liabilities, disputes, causes of action (including statutory, contract, negligence, or other tort theories), proceedings, obligations, debts, liens, fines, charges, penalties, contracts, promises, costs, expenses (including attorneys' fees, whether incurred pre-litigation, pre-trial, at trial, on appeal, or otherwise), damages of any kind whatsoever (including consequential, compensatory, or punitive damages), or losses (whether known, unknown, asserted, non-asserted, fixed, conditional, or contingent) that arise from or relate to (i) the Services, including any and all contents, materials and software related thereto, and/or (ii) your use of the Services. 21.3.2 Informal Process First If any Claim arises out of or relates to the Services or this Agreement, other than as may be provided herein, then you and Vercel agree to send notice to the other providing a reasonable description of the dispute, along with a proposed resolution of it.128For purposes of this Section 22, " Claims " means collectively, and without limitation, any and all claims, injuries, demands, liabilities, disputes, causes of action (including statutory, contract, negligence, or other tort theories), proceedings, obligations, debts, liens, fines, charges, penalties, contracts, promises, costs, expenses (including attorneys' fees, whether incurred pre-litigation, pre-trial, at trial, on appeal, or otherwise), damages of any kind whatsoever (including consequential, compensatory, or punitive damages), or losses (whether known, unknown, asserted, non-asserted, fixed, conditional, or contingent) that arise from or relate to (i) the Services, including any and all contents, materials and software related thereto, and/or (ii) your use of the Services. 22.3.2 Informal Process First If any Claim arises out of or relates to the Services or this Agreement, other than as may be provided herein, then you and Vercel agree to send notice to the other providing a reasonable description of the dispute, along with a proposed resolution of it.
118For a period of sixty (60) days from the date of receipt of notice from the other party, you and Vercel will engage in a good faith attempt to resolve the Claim, though nothing will require either you or Vercel to resolve the dispute on terms with respect to which you and Vercel, in each of the parties' sole discretion, is not comfortable. 21.3.3 Arbitration After the informal dispute resolution process and subject to the exceptions below, any remaining Claims will be resolved by arbitration, including threshold questions of arbitrability of the Claim.129For a period of sixty (60) days from the date of receipt of notice from the other party, you and Vercel will engage in a good faith attempt to resolve the Claim, though nothing will require either you or Vercel to resolve the dispute on terms with respect to which you and Vercel, in each of the parties' sole discretion, is not comfortable. 22.3.3 Arbitration After the informal dispute resolution process and subject to the exceptions below, any remaining Claims will be resolved by arbitration, including threshold questions of arbitrability of the Claim.
124However, an arbitrator must follow the terms of this Agreement as a court would. 21.3.4 Arbitration Request To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Vercel at 440 N Barranca Ave #4133, Covina, CA 91723.135However, an arbitrator must follow the terms of this Agreement as a court would. 22.3.4 Arbitration Request To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Vercel at 440 N Barranca Ave #4133, Covina, CA 91723.
128You can obtain JAMS procedures, rules, and fee information as follows: JAMS: 800.352.5267 and https://www.jamsadr.com . 21.3.5 NOTICE REGARDING MASS ARBITRATION In accordance with the JAMS Mass Arbitration Procedures and Guidelines, a "Mass Arbitration" is defined as seventy-five (75) or more similar demands for arbitration filed against the same party or related parties by individual claimants represented by either the same law firm or law firms acting in coordination.139You can obtain JAMS procedures, rules, and fee information as follows: JAMS: 800.352.5267 and https://www.jamsadr.com . 22.3.5 NOTICE REGARDING MASS ARBITRATION In accordance with the JAMS Mass Arbitration Procedures and Guidelines, a "Mass Arbitration" is defined as seventy-five (75) or more similar demands for arbitration filed against the same party or related parties by individual claimants represented by either the same law firm or law firms acting in coordination.
136You understand that by agreeing to this Agreement, you and Vercel are each waiving the right to trial by jury and agree that you and Vercel may bring claims against each other only in an individual capacity, and not as a plaintiff or class member in any purported class proceeding. 21.3.6 Exceptions Notwithstanding the foregoing, you and Vercel agree that the following types of disputes will be resolved in a court of proper jurisdiction: (a) Claims within the jurisdiction of a small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual dispute and not as a class, representative, or consolidated action or proceeding, (b) Claims where the sole form of relief sought is injunctive relief (including public injunctive relief); or (c) intellectual property disputes. 21.3.7 Costs of Arbitration You and Vercel will pay the administrative and arbitrator's fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require Vercel to pay a greater portion or all of such fees and costs in order for this Section to be enforceable, then Vercel will have the right to elect to pay the fees and costs and proceed to arbitration.147You understand that by agreeing to this Agreement, you and Vercel are each waiving the right to trial by jury and agree that you and Vercel may bring claims against each other only in an individual capacity, and not as a plaintiff or class member in any purported class proceeding. 22.3.6 Exceptions Notwithstanding the foregoing, you and Vercel agree that the following types of disputes will be resolved in a court of proper jurisdiction: (a) Claims within the jurisdiction of a small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual dispute and not as a class, representative, or consolidated action or proceeding, (b) Claims where the sole form of relief sought is injunctive relief (including public injunctive relief); or (c) intellectual property disputes. 22.3.7 Costs of Arbitration You and Vercel will pay the administrative and arbitrator's fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require Vercel to pay a greater portion or all of such fees and costs in order for this Section to be enforceable, then Vercel will have the right to elect to pay the fees and costs and proceed to arbitration.
138Vercel will not seek to recover attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. 21.3.8 WAIVER OF RIGHT TO BRING CLASS ACTION AND REPRESENTATIVE CLAIMS TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND VERCEL EACH AGREE THAT ANY PROCEEDING TO RESOLVE ANY CLAIM UNDER THIS AGREEMENT WILL BE BROUGHT AND CONDUCTED ONLY IN THE RESPECTIVE PARTY'S INDIVIDUAL CAPACITY AND NOT AS PART OF ANY CLASS (OR PURPORTED CLASS), MULTIPLE-PLAINTIFF, OR REPRESENTATIVE ACTION OR PROCEEDING (" CLASS ACTION ").149Vercel will not seek to recover attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. 22.3.8 WAIVER OF RIGHT TO BRING CLASS ACTION AND REPRESENTATIVE CLAIMS TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND VERCEL EACH AGREE THAT ANY PROCEEDING TO RESOLVE ANY CLAIM UNDER THIS AGREEMENT WILL BE BROUGHT AND CONDUCTED ONLY IN THE RESPECTIVE PARTY'S INDIVIDUAL CAPACITY AND NOT AS PART OF ANY CLASS (OR PURPORTED CLASS), MULTIPLE-PLAINTIFF, OR REPRESENTATIVE ACTION OR PROCEEDING (" CLASS ACTION ").
141FOR THE AVOIDANCE OF DOUBT, HOWEVER, YOU CAN SEEK PUBLIC INJUNCTIVE RELIEF TO THE EXTENT AUTHORISED BY LAW AND CONSISTENT WITH SECTION 21.3.6 (EXCEPTIONS) ABOVE. 21.3.9 Opt-Out You have the right to opt-out and not be bound by the arbitration provisions set forth above by sending written notice of your decision to opt-out to: legalnotices@vercel.com . with the subject line "COMPANY ARBITRATION OPT-OUT".152FOR THE AVOIDANCE OF DOUBT, HOWEVER, YOU CAN SEEK PUBLIC INJUNCTIVE RELIEF TO THE EXTENT AUTHORISED BY LAW AND CONSISTENT WITH SECTION 22.3.6 (EXCEPTIONS) ABOVE. 22.3.9 Opt-Out You have the right to opt-out and not be bound by the arbitration provisions set forth above by sending written notice of your decision to opt-out to: legalnotices@vercel.com . with the subject line "COMPANY ARBITRATION OPT-OUT".
143If you opt-out of these arbitration provisions, Vercel also will not be bound by them. 22.154If you opt-out of these arbitration provisions, Vercel also will not be bound by them. 23.
160DORA To the extent that your use of the Services is subject to the Digital Operational Resilience Act, you agree to the terms of the DORA Addendum .171DORA To the extent that your use of the Services is subject to the Digital Operational Resilience Act, you agree to the terms of the DORA Addendum . 6.
172API The API terms apply to your access or use of the Services through APIs.
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