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| 0 | Terms 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 Flat Rate CDN Subject to these Terms of Service (this " Agreement "), Vercel Inc. | 0 | Terms of Service Last Updated October 19, 2026 On this page Introduction Age and Eligibility Temporary Use License Your Content Hobby Plan Teams and Projects Managed Teams and Managed Accounts 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 Fees Payments Credits Cancelling self-serve subscriptions Term and Termination Term Survival Effect of Termination Disclaimer and Non-Vercel Services Disclaimer Non-Vercel Services 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 Changes to Services DORA Subject to these Terms of Service (this "Agreement"), Vercel Inc. |
| 1 | (" Vercel ", " we ", " us " and/or " our ") provides access to Vercel's Services. | 1 | ("Vercel", "we", "us" and/or "our") provides access to Vercel's Services. |
| 2 | " Services " means, collectively, any products or services made available by Vercel or its affiliates; provided that, your use of certain Services requires acceptance of additional terms as set forth in Schedule I hereto; and provided further, that, for the avoidance of doubt, any software that we provide exclusively under open source licenses (including, without limitation, Next.js) are not covered by this Agreement. | 2 | "Services" means, collectively, any products or services made available by Vercel or its affiliates; provided that, your use of certain Services requires acceptance of additional terms set out in Service Terms and to the extent you access or use the Services through an API, the API terms apply; and provided further, that, for the avoidance of doubt, any software that we provide exclusively under open source licenses (including, without limitation, Next.js) are not covered by this Agreement. |
| 4 | If you are entering into this Agreement on behalf of a company, business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the term "you" shall refer to such entity. | 4 | If you are entering into this Agreement on behalf of a company, business or other legal entity, you represent that you have the authority to bind such an entity to this Agreement, in which case the term "you" or "Customer" shall refer to such entity. |
| 16 | Your Content You are solely responsible for all software, code, data, information, feedback, suggestions, text, input, content and other materials that you upload, post, deliver, provide or otherwise transmit or store (hereafter " submit(ting) ") in connection with or relating to the Services (" Your Content "). | 16 | Your Content You are solely responsible for all software, code, data, information, feedback, suggestions, text, input, content, and other materials that you upload, post, deliver, provide or otherwise transmit or store (hereafter "submit(ting)") in connection with or relating to the Services (" Your Content "). |
| 20 | In addition, if you are on a Hobby plan or trial Pro plan, you agree that we may use Your Content to train our artificial intelligence (" AI ") and machine learning models, and we may share Your Content with third parties for the purpose of developing and improving their products, including training and improving their AI and machine learning models (collectively, " Model Training "). | 20 | In addition, if you are on a Hobby plan or trial Pro plan, you agree that we may use Your Content to train our artificial intelligence ("AI") and machine learning models, and we may share Your Content with third parties for the purpose of developing and improving their products, including training and improving their AI and machine learning models (collectively, " Model Training "). |
| 31 | Teams and Projects You are able to create or join a team consisting of one or more other Vercel users (" authorized users ") of the Services (a " Team "). | 31 | Teams and Projects You are able to create or join a team consisting of one or more other Vercel users of the Services (a " Team "). |
| 32 | A Team owner may manage or enable authorized users to collaborate on a project (a " Project "). | 32 | A Team owner may manage or enable users to collaborate on a project (a " Project "). |
| 33 | If you are invited to a Team or a Project, Your Content created in that Team or Project may be shared with that Team and may be accessed, modified, claimed ownership of, or deleted by the Team owner or administrator. | 33 | If you are invited to a Team or a Project, Your Content created in that Team or Project may be shared with that Team and may be accessed, modified, claimed ownership of, or deleted by the Team owner or administrator. 6. |
| 34 | If 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. | 34 | Managed Teams and Managed Accounts You agree that if your account has an email address on a domain provisioned by or verified for a Team, such as your work email or an organizational email (a " Managed Team "), then (a) users in the Managed Team may view information about Projects you created, are a member of, or participate in, including the identities of Project members and guests, and Your Content; and (b) Vercel may disclose the existence of your account to the Managed Team's owner. |
| 35 | The owner or administrator of the Team will have the ability to manage your Project, including to claim control and ownership of any Project you create or for which you are an administrator or remove you from any Project for which you are a member. 6. | 35 | If your account's email address is on a domain verified by a Managed Team, then the Managed Team's owner may add your email address to the Managed Team and remove that email address from any account using that email address, and may manage any Project you create in the Managed Team, including claiming control and ownership of it or removing you from it. |
| 36 | If a Managed Team requires that accounts using its email domain be managed by it, then Vercel may suspend your account and provision a new account for you managed by the Managed Team (a " Managed Account "). | ||
| 37 | Vercel will notify you at that email address, and allow you a reasonable period of time to move your content in the suspended account to a different email address as described in the Documentation. | ||
| 38 | Vercel reserves the right to, in its sole discretion, terminate the suspended account. | ||
| 39 | Your Managed Account is not governed by this Agreement and is governed by the terms between the Managed Team's owner and Vercel. | ||
| 40 | This Agreement continues to govern any account you maintain at a different email address. 7. | ||
| 44 | Vercel 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. | 49 | Vercel 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. 8. |
| 45 | Acceptable 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. | 50 | Acceptable Use Your use of the Services (which include, for the purposes of this Section 8, participation in the Vercel Community or similar discussion forums, if applicable) must comply with Vercel's Acceptable Use Policy, which is incorporated by reference. 9. |
| 47 | Based 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. | 52 | Based 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. 10. |
| 48 | Security 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. | 53 | Security and Compliance 10.1 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. |
| 50 | Vercel implements regular backups of Your Content and you shall also maintain its own backups of Your Content. | 55 | Vercel implements regular backups of Your Content and you shall also maintain your own backups of Your Content. |
| 52 | If 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. | 57 | If any actual or suspected security incident, vulnerabilities, violations of this Section 10, or issue related to the Services are identified, you shall immediately report it to security@vercel.com. 10.2 PCI Compliance Vercel is not a payment processor. |
| 54 | You 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. | 59 | You agree to comply with Vercel's Documentation on appropriate implementation of the Services for processing payments. 10.3 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. 11. |
| 55 | Data 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 "). | 60 | Data Protection 11.1 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 (vercel.com/legal/dpa) (" DPA "), which is incorporated by reference, and our Privacy Policy as applicable. 11.2 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 "). |
| 57 | Vercel 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). | 62 | Vercel 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, malware, malicious files or content, viruses and the like. 11.3 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. 11.4 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). |
| 58 | Vercel 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. | 63 | Vercel 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. 12. |
| 62 | You further acknowledge that Vercel reserves the right to change these general practices and limits at any time, in its sole discretion. 12. | 67 | You further acknowledge that Vercel reserves the right to change these general practices and limits at any time, in its sole discretion. 13. |
| 63 | Support 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. | 68 | Support 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. 14. |
| 69 | You 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. | 74 | You 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. 15. |
| 70 | Representation 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. | 75 | Representation and Warranties 15.1 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, (" Sanctions ") and your use of the Services is not in connection with or for the benefit of any person subject to Sanctions. 15.2 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. 16. |
| 72 | Vercel 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. | 77 | Vercel 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. 17. |
| 73 | Confidentiality; 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). | 78 | Confidentiality; Proprietary Rights 17.1 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). |
| 77 | If 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. | 82 | If 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. 17.2 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. 17.3 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. 17.4 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. |
| 79 | All goodwill arising out of the use of your trademarks, tradenames and logos shall inure to your benefit. 17. | 84 | All goodwill arising out of the use of your trademarks, tradenames and logos shall inure to your benefit. 18. |
| 80 | Payment of Fees 17.1. Fees Vercel offers access to the Services through various plans. | 85 | Payment of Fees 18.1 Fees Vercel offers access to the Services through various plans. |
| 86 | You 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. | 91 | You 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, any credits purchase, 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. |
| 87 | The self-service subscription and any additional Services added to your self-service subscription will automatically-renew for the same term as the initial term. | 92 | The self-service subscription and any additional Services added to your self-service subscription will automatically-renew for the same term as the initial term, unless you turn-off automatic renewals. |
| 92 | All 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. | 97 | All fees are non-refundable, except as expressly stated otherwise in this Agreement or required by applicable law. 18.2 Payments All payments shall be made in the currency of, and within the borders of the United States. |
| 96 | Vercel may change its fees and payment terms at its discretion; provided however, that such changes will not take effect for you until the start of the next payment period. | 101 | Vercel may change its fees and payment terms; provided however, that such changes will not take effect for you until the start of the next payment period. |
| 98 | Your continued use of the Services after the price change becomes effective constitutes your agreement to pay the changed amount. 18. | 103 | Your continued use of the Services after the price change becomes effective constitutes your agreement to pay the changed amount, except where applicable law requires otherwise. |
| 99 | Term 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. | 104 | Any rates for Non-Vercel Services or identified in the Documentation as third party pass-through rates may change as the third party provider changes them. 18.3 Credits Self-serve subscriptions may include credits ("plan included credits"), which will be applied against fees for usage of the Services during the self-serve subscription term (e.g., monthly, annual, etc.). |
| 105 | Plan included credits expire at the end of the self-serve subscription term. | ||
| 106 | Any credits that are purchased separately from plan included credits, expire in one year from the date of purchase, unless stated otherwise. | ||
| 107 | All credits are prepaid amounts redeemable only to pay for fees due for your use of the Services; they are not money, have no cash value, and are non-transferable. | ||
| 108 | Except as expressly stated otherwise in this Agreement or required by applicable law, credits are non-refundable. | ||
| 109 | If Vercel terminates your account without cause, unused purchased credits are refunded. 18.4 Cancelling self-serve subscriptions If you are a consumer with a statutory withdrawal or cooling-off right, you may withdraw from a paid subscription within that period via your account settings or the Help page. | ||
| 110 | You acknowledge that any purchase of self-serve subscription is a request for the Services to begin immediately, if you withdraw from a paid subscription, then we will refund what you paid less a proportionate amount for the period of service received, or in full where required by law. | ||
| 111 | Nothing in this Agreement limits rights you have under mandatory consumer protection law, which prevails over any conflicting term. 19. | ||
| 112 | Term and Termination 19.1 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. | ||
| 101 | You have the right to terminate your account (or downgrade your Pro account to a hobby account) at any time by sending a cancellation request to Vercel Support via the Help page provided that such termination will be effective at the start of the next renewal period. | 114 | You have the right to terminate your account (or downgrade your Pro account to a hobby account) at any time through your account settings (or by contacting Vercel Support via the Help page), provided that such termination will be effective at the start of the next renewal period. |
| 107 | If 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. | 120 | If 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. 19.2 Survival All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, Sections 18.1 and 18.2, and accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability. 19.3 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. 20. |
| 108 | Disclaimer THE SERVICES AND SUPPORT SERVICES ARE PROVIDED "AS IS" AND VERCEL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. | 121 | Disclaimer and Non-Vercel Services 20.1 Disclaimer THE SERVICES AND SUPPORT SERVICES ARE PROVIDED "AS IS" AND VERCEL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. |
| 109 | VERCEL 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. | 122 | VERCEL 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. 20.2 Non-Vercel Services Vercel or third parties may distribute Non-Vercel Services. |
| 110 | Limitation 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. | 123 | "Non-Vercel Services" means products, services, tools, or software functionality that interoperates with a Service, that is provided by you, other Vercel users, or any third party, including but not limited to, integrations or connectable accounts available through Marketplace, third-party AI providers available through AI Gateway, community templates, and content, products or software that are otherwise obtained or provided by a person or entity other than Vercel. |
| 111 | THE 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. | 124 | Your use or purchase of any Non-Vercel Services, and any data exchanged in connection with Non-Vercel Services, is solely between you and the applicable third-party provider, and governed by the terms of service, end user license agreement, privacy notice, and/or any other terms or policies between you and that third party as disclosed or made available within the Services or the Notices and License Information. |
| 112 | IN THESE STATES, VERCEL'S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. 21. | 125 | Vercel does not make any representations, warranties, or guarantees regarding Non-Vercel Services, their providers, their availability, or their conformity to your security or compliance requirements. |
| 126 | Vercel's support terms do not apply to Non-Vercel Services. | ||
| 127 | Vercel is not responsible for any disclosure, modification, or deletion of Your Content resulting from access by any Non-Vercel Services, or other, direct or indirect, losses, special or consequential damages, or claims arising out of or in connection with Non-Vercel Services. | ||
| 128 | While the Services may contain features designed to interoperate with Non-Vercel Services, Vercel cannot guarantee the continued availability of such features of the Services and may cease providing them without entitling you to any refund, credit or other compensation, if, for example, a Non-Vercel Services provider ceases to make the Non-Vercel Services available for interoperation with the Services under circumstances acceptable to Vercel. 21. | ||
| 129 | Limitation of Liability 21.1 Limit of Liability and Waiver of Consequential Damages EXCEPT FOR YOUR BREACH OF SECTIONS 12 (USAGE RESTRICTIONS), 17 (CONFIDENTIALITY; PROPRIETARY RIGHTS), AND 18 (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. | ||
| 130 | THE 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. 21.2 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. | ||
| 131 | IN THESE STATES, VERCEL'S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. 22. | ||
| 124 | All 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. | 143 | All 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. |
| 125 | Governing 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. | 144 | 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. 23. |
| 126 | Certain portions of this Section are deemed to be a "written agreement to arbitrate" pursuant to the Federal Arbitration Act (" FAA "). | 145 | Governing Law; Disputes; Arbitration 23.1 Law This Agreement shall be governed by the laws of the State of California without regard to its conflict of laws provisions. 23.2 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. 23.3 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. 23.3.1 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. |
| 146 | Certain portions of this Section are deemed to be a "written agreement to arbitrate" pursuant to the Federal Arbitration Act ("FAA"). | ||
| 128 | For 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. | 148 | For purposes of this Section 23, "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. 23.3.2 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. |
| 129 | For 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. | 149 | For 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. 23.3.3 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. |
| 130 | You and Vercel agree that any Claim will be settled by final and binding arbitration, using the English language, administered by JAMS under its Streamlined Arbitration Rules and Procedures (the " JAMS Rules "). | 150 | You and Vercel agree that any Claim will be settled by final and binding arbitration, using the English language, administered by JAMS under its Streamlined Arbitration Rules and Procedures (the "JAMS Rules"). |
| 135 | However, 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. | 155 | However, an arbitrator must follow the terms of this Agreement as a court would. 23.3.4 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. |
| 139 | You 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. | 159 | You can obtain JAMS procedures, rules, and fee information as follows: JAMS: 800.352.5267 and https://www.jamsadr.com. 23.3.5 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. |
| 147 | You 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. | 167 | You 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. 23.3.6 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. 23.3.7 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. |
| 149 | Vercel 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 "). | 169 | Vercel will not seek to recover attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. 23.3.8 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"). |
| 152 | FOR 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". | 172 | FOR THE AVOIDANCE OF DOUBT, HOWEVER, YOU CAN SEEK PUBLIC INJUNCTIVE RELIEF TO THE EXTENT AUTHORISED BY LAW AND CONSISTENT WITH SECTION 23.3.6 (EXCEPTIONS) ABOVE. 23.3.9 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". |
| 154 | If you opt-out of these arbitration provisions, Vercel also will not be bound by them. 23. | 174 | If you opt-out of these arbitration provisions, Vercel also will not be bound by them. 24. |
| 159 | " Previews " means Services, releases, features, or functionality provided for preview, pre-release, evaluation, demonstration, beta, or similar uses and purposes. | 179 | "Previews" means Services, releases, features, or functionality provided for preview, pre-release, evaluation, demonstration, beta, or similar uses and purposes. 25. |
| 160 | Schedule I Your use of the following Services are subject to the additional terms set forth below, as applicable: 1. | 180 | Changes to Services Vercel has the right to modify a Service beyond what is necessary to maintain it, for the reasons stated in the Documentation, at no additional cost to you. |
| 161 | Domain Name Registration By using or accessing the domain name reservation services, you further acknowledge that you have read, understand, and agree to be bound by the Domain Name Registration and Services Addendum which is hereby incorporated into this Agreement. 2. | 181 | If Vercel modifies, replaces, or discontinues a Service, Vercel will provide you reasonable notice if the modification, replacement, or discontinuation would materially reduce the functionality of the Service. |
| 162 | Marketplace By using or accessing Vercel's Marketplace, you further acknowledge and agree that you have read, understand, and agree to be bound by Vercel's Integration Marketplace End User Addendum. 3. | 182 | If any modification has more than a minor negative impact on your access to or use of the Services and you are a consumer in the European Union or United Kingdom, then you may terminate the affected subscription free of charge within thirty (30) days of our notice (or of the modification, if later) and receive a pro-rata refund of any prepaid amounts for the remaining period. 26. |
| 163 | Non-Vercel Services Vercel or third parties may distribute Non-Vercel Services. | 183 | DORA 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. |
| 164 | " Non-Vercel Services " means products, services, tools, or software functionality that interoperates with a Service, that is provided by you, other Vercel users, or any third party, including but not limited to, integrations or connectable accounts available through Marketplace, third-party AI providers available through AI Gateway, community templates, and content, products or software that are otherwise obtained or provided by a person or entity other than Vercel. | — | Removed |
| 165 | Your use or purchase of any Non-Vercel Services, and any data exchanged in connection with Non-Vercel Services, is solely between you and the applicable third-party provider, and governed by the terms of service, end user license agreement, privacy notice, and/or any other terms or policies between you and that third party as disclosed or made available within the Services or the Notices and License Information. | — | Removed |
| 166 | Vercel does not make any representations, warranties, or guarantees regarding Non-Vercel Services, their providers, their availability, or their conformity to your security or compliance requirements. | — | Removed |
| 167 | Vercel's support terms do not apply to Non-Vercel Services. | — | Removed |
| 168 | Vercel is not responsible for any disclosure, modification, or deletion of Your Content resulting from access by any Non-Vercel Services, or other, direct or indirect, losses, special or consequential damages, or claims arising out of or in connection with Non-Vercel Services. | — | Removed |
| 169 | While the Services may contain features designed to interoperate with non-Vercel Services, Vercel cannot guarantee the continued availability of such features of the Services and may cease providing them without entitling you to any refund, credit or other compensation, if, for example, a Non-Vercel Services provider ceases to make the Non-Vercel Services available for interoperation with the Services under circumstances acceptable to Vercel. 4. | — | Removed |
| 170 | AI Products and Services By using or accessing Vercel's AI Products and Services, you further acknowledge and agree that you have read, understand, and agree to be bound by Vercel's AI Product Terms, which are incorporated into this agreement. 5. | — | Removed |
| 171 | DORA 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. | — | Removed |
| 172 | API The API terms apply to your access or use of the Services through APIs. 7. | — | Removed |
| 173 | Flat Rate CDN Vercel provides Flat Rate CDN, with tiered CDN capacity, as described at vercel.com/pricing and in the Documentation. | — | Removed |
| 174 | Flat Rate CDN is available only with paid plans and will be disabled if you cease to be on a paid plan. | — | Removed |
| 175 | If your usage exceeds the current Flat Rate CDN's tier capacity, at the start of the next billing cycle, you will be automatically (a) upgraded to the tier corresponding to your usage and charged the fees for that tier at the start of your next billing cycle, or (b) switched to the usage based pricing described at vercel.com/pricing ("PAYGO Rates"), if you exceed highest tier allocation. | — | Removed |
| 176 | You may disable Flat Rate CDN at any time and be charged at PAYGO Rates from the start of your next billing cycle. | — | Removed |
| 177 | If a higher tier fee applies, then Vercel will give you at least seven (7) days' prior notice (or any longer period applicable law requires). | — | Removed |
| 178 | You may avoid the higher tier fee by downgrading, disabling Flat Rate CDN, or canceling your self-serve subscription before your next billing cycle. | — | Removed |
| 179 | Tiers do not downgrade automatically; you may downgrade at any time, effective at the start of your next billing cycle. | — | Removed |
| 180 | If your usage violates the Flat Rate fair use guidelines in the Documentation, Vercel may at the start of the next billing cycle (a) reduce the performance (e.g., move projects to the Flex CDN network) of the CDN Services made available to you, (b) disable Flat Rate CDN and charge you the PAYGO Rates, or (c) take other appropriate actions as reasonably determined by Vercel, each in accordance with the Documentation. | — | Removed |
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