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The agreement authorizes PlanetScale to terminate accounts inactive for 180 days with 30 days notice, and states that upon termination all access to Customer Content terminates with PlanetScale having no obligation to retain that content, though customers may export content in accordance with the Documentation.
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 establishes that customer data stored on PlanetScale may be deleted upon account termination, including termination for inactivity, with PlanetScale bearing no retention obligation post-termination. The export right is conditioned on the Documentation, which PlanetScale may modify, and the practical export window between termination notice and data deletion is not specified in the agreement text.
Under this clause, PlanetScale may terminate inactive accounts (180 days without access or fees) with 30 days notice, after which all Customer Content access terminates and PlanetScale has no obligation to retain or restore that content. The agreement states customers may export content pursuant to the Documentation before termination takes effect.
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"PlanetScale reserves the right to terminate the Agreement upon thirty (30) days' advance notice if, for a period of one hundred and eighty (180) days the Customer has not accessed the Product and has not incurred any Fees. [...] If the Agreement is terminated, then (i) all rights and access to the Product will terminate (including access to Customer Content, if applicable), unless otherwise described in this Agreement, and (ii) all Fees owed by Customer to PlanetScale will immediately due upon Customer's receipt of the final bill. Customer may export Customer Content in accordance with the Documentation, and PlanetScale is not obligated to retain Customer Content following termination of this Agreement.Excerpt from PlanetScale's Terms of Service
(1) REGULATORY LANDSCAPE: The data deletion provision upon termination may interact with customer-side data retention obligations under applicable law, including GDPR record retention requirements, HIPAA medical record retention standards, financial services record retention rules, and applicable national or state data retention statutes. Where customers are subject to mandatory minimum retention periods, reliance on PlanetScale as the sole repository without independent backup would conflict with those obligations. The FTC's data security guidance is relevant to the adequacy of the 30-day notice window for data export. (2) GOVERNANCE EXPOSURE: Medium. The absence of a specified post-termination data retention period creates operational risk for organizations that have not established independent backup procedures. The condition that export rights are subject to the Documentation, which PlanetScale may modify, means the practical export mechanism could change during the notice period. (3) JURISDICTION FLAGS: EU/EEA customers with GDPR data deletion or retention obligations should evaluate whether the termination data deletion provision is consistent with applicable processing agreements and data subject rights. HIPAA-covered entities must ensure PHI is not lost upon termination in violation of medical record retention requirements. Customers in jurisdictions with mandatory data retention statutes should maintain independent backups independent of the PlanetScale agreement. (4) CONTRACT AND VENDOR IMPLICATIONS: Procurement and data governance teams should establish documented backup and export procedures for Customer Content independent of the PlanetScale platform. The 30-day inactivity termination notice should be incorporated into vendor management calendars. Enterprise customers should consider negotiating a defined post-termination data retention period into any enterprise order form. (5) COMPLIANCE CONSIDERATIONS: Data governance teams should implement regular export schedules to ensure Customer Content is not solely dependent on PlanetScale retention practices. Legal teams should verify that any applicable data retention obligations can be met independently of PlanetScale. Organizations subject to litigation hold requirements should assess whether those obligations could be compromised by termination-triggered data deletion.
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This provision establishes that customer data stored on PlanetScale may be deleted upon account termination, including termination for inactivity, with PlanetScale bearing no retention obligation post-termination. The export right is conditioned on the Documentation, which PlanetScale may modify, and the practical export window between termination notice and data deletion is not specified in the agreement text.
Under this clause, PlanetScale may terminate inactive accounts (180 days without access or fees) with 30 days notice, after which all Customer Content access terminates and PlanetScale has no obligation to retain or restore that content. The agreement states customers may export content pursuant to the Documentation before termination takes effect.
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