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Suspension at Sole Discretion with Continued Billing

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Document Record

What it is

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

ConductAtlas Analysis

Why it matters (compliance & governance perspective)

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.

Consumer impact (what this means for users)

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.

What you can do

⚠️ These actions may provide transparency or partial mitigation but may not fully address the underlying issue. Effectiveness varies by jurisdiction and individual circumstances.
  • Export Your Data
    Review the export documentation at https://planetscale.com/docs to understand how to export Customer Content before any suspension or termination event occurs. Maintain regular exports as a business continuity measure.

Cross-platform context

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▸ View Original Clause Language DOCUMENT RECORD
"
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

ConductAtlas Analysis

Institutional analysis (regulatory & governance intelligence)

(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. The FTC's unfair practices authority is relevant where suspension criteria are broad and subjective. For EU/EEA customers, the provision may interact with applicable unfair contract terms directives, depending on whether the customer is characterized as a consumer or business entity under local law. (2) GOVERNANCE EXPOSURE: High. The combination of immediate suspension authority based on subjective criteria (including 'may subject PlanetScale to liability') and continued billing obligations during suspension creates significant operational and financial exposure. The absence of a defined pre-suspension cure period for most trigger categories means customers have limited ability to remediate before access is interrupted. Organizations running production database workloads on PlanetScale face the highest operational exposure. (3) JURISDICTION FLAGS: California law governs this agreement. California courts have examined whether continued billing during service suspension constitutes an unfair business practice under the UCL in consumer contexts; applicability to B2B SaaS agreements is less established. EU/EEA customers should note that unfair contract terms directives may limit the enforceability of sole-discretion suspension clauses, particularly for small business customers in some member states. (4) CONTRACT AND VENDOR IMPLICATIONS: Procurement and vendor management teams should assess whether this suspension clause is compatible with internal SLA requirements and business continuity obligations. The SLA document referenced in the agreement at a separate URL should be reviewed to determine whether it provides any additional protections or cure rights during suspension periods. Enterprise customers should consider whether contractual modifications to this clause are warranted. (5) COMPLIANCE CONSIDERATIONS: Organizations should maintain documented backup and export procedures for Customer Content given the immediacy of potential suspension. Legal teams should review whether the continued billing obligation during suspension conflicts with any customer-side financial controls or accounts payable policies. The sole discretion standard for suspension and reinstatement should be evaluated against internal vendor risk management frameworks.

Full institutional analysis

Regulatory citations, enforcement risk, and due diligence action items.

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Applicable agencies

  • FTC
    The FTC has authority over unfair or deceptive acts or practices relevant to sole-discretion suspension with continued billing obligations
    File a complaint →

Provision details

Document information
Document
PlanetScale Terms of Service
Entity
PlanetScale
Document last updated
May 5, 2026
Tracking information
First tracked
July 12, 2026
Last verified
July 12, 2026
Record ID
CA-P-074339
Document ID
CA-D-00683
Evidence Provenance
Source URL
Wayback Machine
Content hash (SHA-256)
66f4acad5ba0274c92946f618cbb71bc8537e8d2abef828139e0c429c54ca79d
Analysis generated
July 12, 2026 15:44 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: PlanetScale
Document: PlanetScale Terms of Service
Record ID: CA-P-074339
Captured: 2026-07-12 15:44:57 UTC
SHA-256: 66f4acad5ba0274c…
URL: https://conductatlas.com/platform/planetscale/planetscale-terms-of-service/provision/CA-P-074339/suspension-at-sole-discretion-with-continued-billing/
Accessed: July 23, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
High
Categories

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Frequently Asked Questions

What does PlanetScale's Suspension at Sole Discretion with Continued Billing clause do?

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.

How does this clause affect you?

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.

Is ConductAtlas affiliated with PlanetScale?

No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by PlanetScale.