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This page describes what the document states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability may vary by jurisdiction. Methodology
“Contentsquare shall defend and...indemnify Customer's Indemnified Parties from and against, any...third-party claim...to the extent arising from any infringement of any third-party Intellectual Property Right occurring from Customer's use of the CS Service as authorized under the Agreement.”
“Customer authorizes and grants Contentsquare and its Affiliates a non-exclusive, perpetual, worldwide, royalty-free, right and license to (i) compile, access and use Customer Data, strictly in order to research, develop, modify, improve or support the services...”
“Contentsquare, its Affiliates, and/or its licensors own all Intellectual Property Rights and other rights in and to the CS Service and Documentation, any improvements, enhancements, modifications, design contributions, or derivative works...”
“Contentsquare may suspend any use of the CS Service or remove or disable any Account or content that Contentsquare reasonably and in good faith believes violates the Agreement, including any usage restrictions, subject to Contentsquare delivering reasonable prior notice to Customer...”
“Customer shall use the CS Service in accordance with all applicable laws, including any Applicable Data Protection Laws. Customer acknowledges and agrees that it is Customer's responsibility to ensure that Customer's use of the CS Service complies with all Applicable Data Protection Laws...”
“To the extent Customer provides Feedback, Customer grants to Contentsquare and its Affiliates a royalty-free, fully paid, sub-licensable, transferable...non-exclusive, irrevocable, perpetual, worldwide right and license to make, use, sell, offer for sale, import, and otherwise exploit Feedback...without restriction.”
This agreement sets out the rules for using Heap's (Contentsquare's) analytics service, including who owns what data and what each side is responsible for. Contentsquare keeps all rights to its service and can use your data on a perpetual basis to improve its products, while you retain ownership of your Customer Data. Your financial recourse against Contentsquare is limited to what you paid in the prior twelve months, and you are responsible for ensuring your use of the service complies with data protection laws.
This document establishes the terms governing Customer access to and use of the CS Service provided by Contentsquare (operating as Heap). Contentsquare and its Affiliates retain all intellectual property rights in the CS Service, Documentation, and derivative works, while Customer Data remains owned by the customer, subject to a perpetual, worldwide, royalty-free license granted to Contentsquare to use Customer Data for internal research, development, and service improvement purposes. Customers bear the compliance burden for Applicable Data Protection Laws in their use of the service and must technically prevent unauthorized personal data transfers to Contentsquare, while also indemnifying Contentsquare against claims arising from their data or misuse of the service. Contentsquare may suspend accounts or disable access upon a reasonable and good faith belief of an Agreement violation, subject to prior notice. Each party's aggregate liability under the Agreement is capped at fees paid in the preceding twelve months, with all consequential, indirect, and punitive damages mutually excluded, and a separate US $1,000 cap applies to Trial Services.
As a customer, you retain ownership of your Customer Data, but Contentsquare holds a perpetual, worldwide license to use that data for service development and improvement purposes that survives the end of the Agreement. You are solely responsible for ensuring your use of the service complies with data protection laws and for technically blocking any personal data that is not permitted from reaching Contentsquare. If Contentsquare believes you have violated the Agreement, it may suspend your access after providing reasonable prior notice. Your ability to recover damages from Contentsquare is capped at the fees you paid in the twelve months before any claim arises, and recovery of lost profits or consequential damages is not available under any circumstances.
Which mapped governance frameworks each document engages, tied to the specific provisions that engage them.
We withheld clauses we had published from this document. Each withholding is recorded in our correction log:
“Contentsquare shall defend and...indemnify Customer's Indemnified Parties from and against, any...third-party claim...to the extent arising from any infringement of any third-party Intellectual Property Right occurring from Customer's use of the CS Service as authorized under the Agreement.”
“Customer authorizes and grants Contentsquare and its Affiliates a non-exclusive, perpetual, worldwide, royalty-free, right and license to (i) compile, access and use Customer Data, strictly in order to research, develop, modify, improve or support the services...”
“Contentsquare, its Affiliates, and/or its licensors own all Intellectual Property Rights and other rights in and to the CS Service and Documentation, any improvements, enhancements, modifications, design contributions, or derivative works...”
“Contentsquare may suspend any use of the CS Service or remove or disable any Account or content that Contentsquare reasonably and in good faith believes violates the Agreement, including any usage restrictions, subject to Contentsquare delivering reasonable prior notice to …”
“Customer shall use the CS Service in accordance with all applicable laws, including any Applicable Data Protection Laws. Customer acknowledges and agrees that it is Customer's responsibility to ensure that Customer's use of the CS Service complies with all Applicable …”
“To the extent Customer provides Feedback, Customer grants to Contentsquare and its Affiliates a royalty-free, fully paid, sub-licensable, transferable...non-exclusive, irrevocable, perpetual, worldwide right and license to make, use, sell, offer for sale, import, and otherwise exploit Feedback...without restriction.”
“Customer will defend and...indemnify Contentsquare's Indemnified Parties from and against, any Claim to the extent arising out of or in connection with: (i) any breach by Customer of its obligations under Section 2.3 (Restrictions)...and (ii) the nature, origin, or content …”
“Customer shall prevent the transfer of any Personal Data of Visitors (other than the Permitted Personal Data) to Contentsquare, including, but not limited to, by implementing the appropriate blocking Scripts...”
“Customer Data processed through the use of the CS Service is and will remain, owned by Customer.”
“under no circumstances...shall either Party (or their respective Affiliates) be liable to the other Party for loss of profits, loss of sales or business, loss of anticipated savings, loss of use or corruption of software, data or information...consequential, incidental, indirect, …”
“Notwithstanding the provisions of section 8 “Warranties and Disclaimers” and section 9 “Third-Party Claims ”, the Trial Services are provided “as-is” without any warranty or representation of any kind and, to the extent permitted by law, the total, cumulative liability …”
“the total, cumulative liability of each Party (and their respective Affiliates) arising out of or related to the Agreement will be limited to the amounts paid by Customer for the CS Service during the twelve (12) month period preceding the …”
Every distinct legal provision identified in this document. Featured provisions appear above with analysis.
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