This analysis describes what PlanetScale's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
How other platforms handle this
If Google does not believe the remedies in Section 13.5(a) are commercially reasonable, then Google may Suspend or terminate Customer's use of the impacted Services...Google will refund to Customer any unused prepaid Fees...
We reserve the right to assume the exclusive defense and control of such disputes, and in any event, you agree to cooperate with us in asserting any available defenses.
WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF SUCH DISPUTES, AND IN ANY EVENT YOU WILL COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.
"PlanetScale will, at its sole option and expense, (i) procure for Customer the right to make continued use of the Product, (ii) replace or modify such...or (iii) terminate this Agreement and refund any prepaid but unused FeesExcerpt from PlanetScale's Terms of Service
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The clause states: “PlanetScale will, at its sole option and expense, (i) procure for Customer the right to make continued use of the Product, (ii) replace or modify such...or (iii) terminate this Agreement and refund any prepaid but unused Fees”
ConductAtlas has identified this type of provision across 229 platforms. See the full comparison.
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