The agreement authorizes PlanetScale to suspend customer and end user access to the product immediately upon notice based on PlanetScale's sole discretion determination across five enumerated trigger categories, including suspected security risks and potential third-party liability, while requiring customers to continue paying fees during the suspension period.
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
This provision grants PlanetScale unilateral suspension authority triggered by subjective determinations including 'may subject PlanetScale to third party liability' and 'suspected unauthorized access,' with no stated cure period prior to suspension and no fee relief during the suspension. For organizations dependent on PlanetScale's database platform for production operations, this creates operational continuity risk.
Under this clause, PlanetScale may immediately suspend product access based on its sole discretion across broadly stated trigger categories, and customers remain obligated to pay all fees incurred during the suspension period. The agreement states that PlanetScale may lift the suspension at its sole discretion when the conditions giving rise to it have been resolved, without specifying a resolution timeline.
Cross-platform context
See how other platforms handle Suspension at Sole Discretion with Continued Billing and similar clauses.
Compare across platforms →"PlanetScale may suspend Customer or End User's right to access or use any portion or all of the Product immediately upon notice to Customer if PlanetScale, at it sole discretion, determines that: (i) Customer and/or any End User use of the Product poses a security risk to the Product, or any third party; (ii) Customer and/or any End User use of the Product may subject PlanetScale or its Affiliates to any third party liability; (iii) Customer or any End User use of the Product violates the AUP; (iv) there is suspected unauthorized third-party access to the Product; or (v) Customer is in breach of Section 2.2. If PlanetScale suspends Customer right to access or use any portion or all of the Product, Customer will remain responsible for all Fees incurred during the period of suspension.Excerpt from PlanetScale's Terms of Service
(1) REGULATORY LANDSCAPE: The suspension-while-billing provision may engage state consumer protection statutes in jurisdictions that require service delivery in exchange for continued fee obligations.
Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.
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This provision grants PlanetScale unilateral suspension authority triggered by subjective determinations including 'may subject PlanetScale to third party liability' and 'suspected unauthorized access,' with no stated cure period prior to suspension and no fee relief during the suspension. For organizations dependent on PlanetScale's database platform for production operations, this creates operational continuity risk.
Under this clause, PlanetScale may immediately suspend product access based on its sole discretion across broadly stated trigger categories, and customers remain obligated to pay all fees incurred during the suspension period. The agreement states that PlanetScale may lift the suspension at its sole discretion when the conditions giving rise to it have been resolved, without specifying a resolution timeline.
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