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General Motors
· GM Terms of Use
GM may terminate user accounts and delete submitted content at its sole discretion for violations of the user guidelines or terms, without prior notice. Terminated users are permanently banned from creating new accounts on the Web site....
Why it matters: This provision grants GM unrestricted discretion to terminate accounts and delete content without prior notice, and imposes a permanent ban on new account creation following termination. The absence of any appeal mechanism or procedural requirement before termination is operationally significant for users who rely on the site for content distribution....
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Marqeta
· Marqeta Terms of Use
The agreement requires all disputes to be resolved in Alameda County, California courts under California law, and both parties waive their right to a jury trial for all disputes arising under the agreement. The dispute resolution process also requires an initial good-faith negotiation between relationship managers before formal proceedings....
Why it matters: This provision establishes Alameda County, California as the exclusive litigation forum for all disputes and eliminates jury trial rights for both parties. Business customers located outside California must litigate disputes in California courts under California law, and all contested matters will be resolved by a judge rather than a jury....
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Marqeta
· Marqeta Terms of Use
Marqeta may unilaterally modify most terms with a minimum of 30 days' written notice, with modifications becoming effective upon continued use of the services after the Modification Effective Date. Amendments to core sections including intellectual property, confidentiality, termination, indemnification, insurance, liability, and service levels require Customer's affirmative consent unless driven by legal or regulatory compliance needs....
Why it matters: This provision authorizes Marqeta to alter operational, pricing-adjacent, and service-related terms with 30 days' notice without Customer's consent, while protecting a defined set of core legal provisions from unilateral amendment. Continued use of the services after the Modification Effective Date constitutes acceptance of the modified terms for non-protected sections....
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Marqeta
· Marqeta Terms of Use
Marqeta retains exclusive ownership of all intellectual property in the platform, services, deliverables, and any enhancements, including improvements developed based on Customer feedback or suggestions. Customer receives a limited, non-exclusive, non-transferable, non-sublicensable license to use the services solely in connection with the contracted card program....
Why it matters: This provision establishes that Customer feedback, enhancement requests, and recommendations become Marqeta's exclusive intellectual property. Customer's license to use the system and deliverables is narrowly scoped, non-transferable, and non-sublicensable, meaning Customer cannot assign platform access rights to third parties or subsidiaries beyond the terms of the agreement....
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Marqeta
· Marqeta Terms of Use
Customer is required to maintain books and records in connection with the agreement for at least one year post-termination (or longer as required by law) and must make these available to Marqeta, the Issuer, Card Brands, Regulators, the KYC Service Provider, and any of their third-party designees for audit purposes. Customer bears all costs of record keeping and audit access....
Why it matters: This provision grants a broad set of parties, including Marqeta's third-party designees, audit access to Customer's business practices and compliance records for the duration of the agreement and at least one year after termination. Customer bears all associated costs, and the scope of business practices subject to audit is not limited solely to card program operations....
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Monitoring
These provisions have changed before.
Monitor includes same-day alerts, structured change summaries, and monitoring for up to 25 platforms.
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Marqeta
· Marqeta Terms of Use
Marqeta is authorized to use and disclose aggregated and pseudonymized cardholder and transaction data derived from Customer's card program, combined with data from other customers, for any purpose not prohibited by applicable law. The agreement requires that aggregation be at a national or regional level such that Customer's identity is not individually identifiable from the output....
Why it matters: This provision permits Marqeta to commercially use and disclose pseudonymized transaction and cardholder data derived from Customer's program at a population level. While Customer's identity is protected at the aggregation level, the use of cardholder and transaction data for purposes beyond direct service delivery is authorized under this clause, subject to applicable law constraints....
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UnitedHealthcare
· UnitedHealthcare Terms of Use
Any content a user posts to UnitedHealthcare's Online Services is subject to a perpetual, irrevocable, royalty-free license that authorizes the company and its sublicensees to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display that content globally in any media, including the right to use the submitting user's name in connection with that content....
Why it matters: This provision asserts a broad, perpetual, and sublicensable license over user-submitted content with no compensation obligation and no expiration tied to account termination or service discontinuation. The sublicensable nature of the license means third parties designated by the company may also exercise these rights over submitted content....
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UnitedHealthcare
· UnitedHealthcare Terms of Use
The terms require users, except New Jersey residents, to initiate any legal cause of action against the company within one year of the claim arising, after which the claim is contractually barred....
Why it matters: This provision establishes a contractual limitations period shorter than the default statutory limitations period applicable to many claim types under Minnesota law and the laws of many other states. The document acknowledges a New Jersey carve-out but does not enumerate other states where this limitation may be unenforceable....
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UnitedHealthcare
· UnitedHealthcare Terms of Use
The agreement reserves the right for the company to cancel, suspend, or block a user's access to the Online Services at any time, without cause and without prior notice, with no stated liability to the user for such termination....
Why it matters: This provision grants the company unilateral termination authority without procedural prerequisites or advance notice requirements. For members who rely on the Online Services to access plan documents, benefits information, or explanation of benefits, termination without notice could interrupt access to operationally significant plan management functions....
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UnitedHealthcare
· UnitedHealthcare Terms of Use
The agreement asserts that the company bears no liability for any loss arising from use of the Online Services or acts by the company or third parties, across all legal theories including warranty, contract, tort, and strict liability, with a New Jersey resident carve-out....
Why it matters: This provision asserts a broad limitation of liability covering all legal theories and all losses arising from platform use or company acts. The document itself acknowledges that state law may limit or override this provision, and the New Jersey carve-out is explicitly stated....
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UnitedHealthcare
· UnitedHealthcare Terms of Use
Users are required to defend, indemnify, and hold harmless the company and its affiliates from third-party claims arising from user breaches of the terms, copyright infringement, misuse, gross negligence, intentional misconduct, or violations of law in connection with platform use, including attorneys' fees for counsel of the company's choosing....
Why it matters: This provision requires users to cover the company's legal defense costs, including attorneys' fees for counsel selected by the company rather than the user, arising from third-party claims connected to user conduct. The indemnification extends to claims arising from gross negligence and intentional misconduct, which courts in some jurisdictions may scrutinize in consumer contracts....
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UnitedHealthcare
· UnitedHealthcare Terms of Use
Any unsolicited idea or intellectual property submission made to the company automatically becomes company property, with no compensation to the submitter, no confidentiality obligation, and no restriction on the company's right to use, redistribute, or develop competing products based on the submission....
Why it matters: This provision asserts that unsolicited submissions transfer automatically to company ownership with no compensation or confidentiality obligation, and explicitly permits the company to develop competing products based on such submissions. The clause operates regardless of any contrary statements made in the submission itself....
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UnitedHealthcare
· UnitedHealthcare Terms of Use
The agreement designates Minnesota law as governing and requires that disputes be litigated in state or federal courts in Minnesota, covering all claims against the company and its employees, officers, directors, agents, and providers....
Why it matters: This provision requires users outside Minnesota to litigate disputes in Minnesota courts under Minnesota law, which may present practical barriers to pursuing claims for users in other states. The enforceability of mandatory venue provisions in consumer contracts varies by state....
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UnitedHealthcare
· UnitedHealthcare Terms of Use
The agreement reserves the right for the company to modify the terms at any time, with changes effective immediately upon posting to the Online Services. Continued use of the platform constitutes consent to any modified terms....
Why it matters: This provision makes continued platform use the mechanism for consent to modified terms, with no requirement for affirmative acknowledgment, separate notification to users, or advance notice period before changes take effect....
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UnitedHealthcare
· UnitedHealthcare Terms of Use
The agreement requires users to be at least 13 years of age and requires that minors between age 13 and the age of majority in their state have a parent or guardian agree to the terms on their behalf....
Why it matters: This provision establishes a minimum age of 13 and a parental consent requirement for minor users, engaging COPPA's applicability threshold and state-specific age of majority requirements. The agreement does not describe a mechanism for verifying parental consent....
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Progressive
· Progressive Terms of Use
Any content a user submits to Progressive, including ideas, artwork, music, logos, photos, and videos, is subject to a perpetual, irrevocable, royalty-free worldwide license granted to Progressive to use, modify, publish, or exploit at its discretion....
Why it matters: This provision grants Progressive an unlimited license over submitted materials without time restriction, geographic limitation, or compensation obligation, covering a broad range of content categories including trademarks and music that may carry existing third-party IP rights....
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Progressive
· Progressive Terms of Use
All disputes related to the website are governed by Ohio law and must be brought exclusively in a court of competent jurisdiction in Cuyahoga County, Ohio....
Why it matters: This provision requires all website-related disputes to proceed in a specific Ohio county venue, which may present practical barriers for users located outside Ohio, and the enforceability of this forum selection clause varies by jurisdiction and applicable law....
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Progressive
· Progressive Terms of Use
Progressive may modify the terms of use at any time, and continued use of the website constitutes acceptance of any revised terms; the user is responsible for checking the page regularly for changes....
Why it matters: This provision places the burden on users to monitor the terms page for changes and treats continued site use as binding acceptance of modifications, without requiring affirmative notice or consent from users when changes are made....
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Progressive
· Progressive Terms of Use
Progressive limits its liability for all damages arising from use of the website, including unauthorized access to user data, except where such damages result from Progressive's own gross negligence or intentional actions....
Why it matters: This provision limits Progressive's financial exposure for website-related harms including unauthorized data access, with a carve-out only for gross negligence or intentional misconduct, which means users bear the risk of ordinary negligence-related data incidents under the terms as written....
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Progressive
· Progressive Terms of Use
Users enrolled in the Mobile Alerts service agree to indemnify Progressive against claims, losses, and legal costs arising from the user providing a phone number that belongs to someone else or from the user's violation of applicable laws....
Why it matters: This indemnification obligation shifts legal defense costs and liability to the user for TCPA-related claims that may arise if the user provides an incorrect or third-party phone number, which is operationally significant given the TCPA's per-message statutory damages framework....
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Progressive
· Progressive Terms of Use
The terms authorize Progressive to act on any instructions submitted under a user's credentials, disclaim liability for unauthorized access except where caused by Progressive's gross negligence or intentional misconduct, and reserve the right to block site access without prior notice....
Why it matters: This provision establishes that Progressive bears no liability for credential-based unauthorized access except in cases of its own gross negligence, and that Progressive may suspend account access without prior notice at its discretion, creating operational exposure for users who rely on site access for account management....
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Zendesk
· Zendesk Terms of Service
The agreement establishes that while Customer retains ownership of Service Data, the Customer simultaneously instructs Zendesk to use that data not only to deliver and secure the Services but also to improve Zendesk's products and services broadly....
Why it matters: This provision authorizes Zendesk to use Service Data for product improvement purposes, which may extend beyond the scope of processing strictly necessary to deliver contracted services. Depending on the nature of personal data within Service Data and applicable law, this authorization may require evaluation against GDPR purpose limitation requirements and CCPA service provider restrictions....
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Zendesk
· Zendesk Terms of Service
Subscriptions automatically renew for an equivalent term at Zendesk's then-current rates unless the Customer sends written notice to revops@zendesk.com at least 30 days before the end of the current subscription term....
Why it matters: This clause creates a binding renewal obligation at potentially updated pricing unless the Customer takes affirmative action within the specified notice window. The combination of auto-renewal at then-current rates and the requirement to direct notice to a specific email address establishes a concrete operational procedure that customers must track proactively....
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Zendesk
· Zendesk Terms of Service
The agreement states that all charges are non-cancelable and non-refundable during the subscription term, that customers cannot reduce their service plan or agent count mid-term, and that exceeding usage thresholds triggers additional fees....
Why it matters: This provision establishes that customers are financially committed for the full subscription term regardless of reduced usage, business changes, or service dissatisfaction, with limited exceptions expressly identified elsewhere in the agreement. The prohibition on mid-term downgrades creates a financial floor for the duration of the contracted term....
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Zendesk
· Zendesk Terms of Service
Zendesk may amend the agreement unilaterally with 30 days notice, treating continued service use as customer consent. Incorporated online terms and URL-referenced policies may be updated and become effective upon publication without an additional 30-day notice period....
Why it matters: This provision authorizes Zendesk to modify agreement terms and incorporated policies on a rolling basis. For the core agreement, continued use after the notice period constitutes consent. For URL-incorporated terms and policies, changes may become effective upon publication without a specified advance notice period, creating a category of terms that may update without the 30-day window applicable to the main agreement....
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Zendesk
· Zendesk Terms of Service
When a customer enables Third-Party Products through the Zendesk platform, the agreement authorizes Zendesk to share Customer Account information and Service Data with those third-party providers, and the customer waives claims against Zendesk related to those products....
Why it matters: This provision authorizes Service Data sharing with third-party providers as a consequence of enabling integrations, without requiring a separate disclosure or consent step at the time of each integration. The scope of data shared is defined broadly as Customer Account information and Service Data, which encompasses all data submitted by customers, agents, and end users....
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Zendesk
· Zendesk Terms of Service
Zendesk may suspend or limit service access on five enumerated grounds: security disruption, reasonable belief of legal violation or government request, overdue fees of 30 or more days, payment failures in a reseller chain, or Zendesk's reasonable determination that suspension is necessary to prevent material harm....
Why it matters: The fifth suspension ground, which permits suspension based on Zendesk's reasonable determination that it is necessary to avoid material harm to Zendesk, its affiliates, or customers, is a broad discretionary trigger that is not tied to a specific customer act or verifiable threshold. Combined with the reseller payment chain trigger, customers may face suspension due to circumstances partially outside their direct control....
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Zendesk
· Zendesk Terms of Service
The total aggregate liability of either party under the agreement is capped at the amounts paid or payable by the customer for services in the 12 months preceding the claim, except for claims categorized as Excluded Claims....
Why it matters: This provision establishes a financial ceiling on liability claims under the agreement. The Excluded Claims definition carves out several categories, including payment obligations, indemnification obligations, intellectual property misappropriation, and liability that cannot be excluded by law, which means claims in those categories are not subject to the cap....
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Zendesk
· Zendesk Terms of Service
The agreement requires the Customer to provide required notices to and obtain required consents from Agents and End Users necessary for Zendesk to lawfully process Service Data, and to inform Agents about their rights under Zendesk's Privacy Notice....
Why it matters: This provision places the legal responsibility for obtaining all consents and providing all notices necessary for lawful processing of Service Data on the Customer rather than Zendesk. This allocation of responsibility is significant under GDPR and CCPA, where inadequate consent or notice mechanisms create direct regulatory exposure for the Customer as data controller....
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Instacart
· Instacart Terms of Service (Superseded Capture)
Users grant Instacart a worldwide, royalty-free, transferable, sublicensable license to use all submitted content, including text, images, prompts, feedback, and voice submissions, for machine-learning model development and evaluation, in addition to platform operation and improvement purposes....
Why it matters: This provision explicitly includes AI prompts, feedback, and voice submissions within the content license scope, and expressly authorizes use of that content for developing and evaluating machine-learning models. The license is transferable and sublicensable, meaning it may be extended to third-party AI technology providers engaged under Section 5.2....
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Instacart
· Instacart Terms of Service (Superseded Capture)
The agreement prohibits unauthorized automated or AI-agent access to the platform, requires all authorized automated systems to use only Instacart-provided interfaces and to identify themselves in HTTP user-agent strings, and holds users accountable for all actions taken by automated systems operating on their behalf....
Why it matters: This provision establishes that users bear full legal responsibility for automated systems and AI agents acting on their behalf, including sub-agents and downstream processes, and requires technical identification mechanisms (user-agent string disclosure) as a condition of authorized automated access. The provision also explicitly prohibits use of platform data or outputs to build competing AI products or train competing machine-learning models....
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Instacart
· Instacart Terms of Service (Superseded Capture)
Instacart+ memberships auto-renew unless canceled before the renewal date. Annual membership fees are refundable only within the first 5 calendar days of a term if no benefits have been used; monthly fees are non-refundable. Instacart may change fees before renewal, with notice, and may update any other membership terms with notice....
Why it matters: This provision authorizes Instacart to charge any active payment method on file at renewal, including updated card information provided by card issuers through card-updater services, without requiring re-confirmation. The 5-day refund window for annual memberships is conditioned on zero benefit usage, which may be difficult to satisfy even for a single order placed in the renewal period....
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Instacart
· Instacart Terms of Service (Superseded Capture)
Users agree to defend and indemnify Instacart and its retailers against all losses, claims, attorney fees, and expert fees arising from breaches of the terms, third-party use of the user's account (including by AI agents), disputes with retailers or delivery providers, and the user's use of AI-generated content....
Why it matters: This provision extends indemnification obligations to actions taken by AI agents operating on the user's behalf, to disputes with third-party retailers and delivery providers, and to the user's downstream use of AI-generated outputs. The inclusion of 'actual or alleged' violations broadens the indemnification trigger to claims that have not yet been adjudicated....
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Instacart
· Instacart Terms of Service (Superseded Capture)
Users who provide a mobile phone number consent to receive automated SMS messages from Instacart, its affiliated companies, and third-party providers at any time, including outside federally and locally defined quiet hours. Users may opt out by replying STOP....
Why it matters: The provision expressly discloses that automated messages may be delivered outside quiet hours defined by federal, state, or local law, which engages the Telephone Consumer Protection Act (TCPA) and applicable state telemarketing and quiet-hours regulations. The consent scope extends to affiliated companies and third-party providers, not solely Instacart....
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Instacart
· Instacart Terms of Service (Superseded Capture)
The agreement prohibits use of any Instacart platform data, content, or outputs to train machine-learning models or LLMs for any purpose, including open-source and non-commercial research, and prohibits use of platform data to build competing products or services....
Why it matters: This provision extends the prohibition on AI training to open-source and non-commercial research purposes, which is a notably broad restriction relative to terms that limit prohibitions to commercial use. The prohibition applies to all platform data, including product and pricing information visible to users, not solely proprietary or confidential data....
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Experian
· Experian Terms of Use
The agreement states that Experian will not be liable for any damages of any kind, including direct, indirect, special, or consequential damages, arising from use of or inability to use experian.com or any linked site, covering lost profits, business interruption, and data loss even where Experian has been advised of the possibility of such damages. The document acknowledges that some jurisdictions do not permit this level of exclusion....
Why it matters: This provision establishes a categorical exclusion of all damage categories, including those arising from negligence or tortious action, which represents the broadest possible liability shield available under contract law. Enforceability of this clause in consumer contexts varies by jurisdiction, and the document's own acknowledgment of jurisdictional limits signals that the exclusion may not apply uniformly across Experian's user base....
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Experian
· Experian Terms of Use
The agreement states that all information, products, and services on experian.com are provided without any express or implied warranties, including warranties of merchantability, fitness for a particular purpose, or non-infringement, and that Experian makes no guaranty regarding the accuracy, completeness, or timeliness of any content on the site. The document also notes that the site may contain technical inaccuracies or typographical errors....
Why it matters: This provision disclaims all warranties covering the accuracy and reliability of information presented on the site, which has operational significance for users who access credit-related information or rely on site content for business or personal decision-making. The disclaimer applies to products and services offered through the site, not just informational content, extending the scope of the as-is assertion....
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Experian
· Experian Terms of Use
The agreement states that Experian may change, modify, or add to these terms at any time, with changes taking effect immediately upon notice that may be given solely by posting on the site. The terms place the obligation to monitor for changes on the user, and state that continued site use after any change constitutes acceptance....
Why it matters: This provision establishes a unilateral modification mechanism that requires no affirmative user notification beyond a site posting and deems continued use as contractual acceptance, which has known enforceability variability in consumer-facing digital agreements across multiple jurisdictions. The clause covers not only the terms themselves but also information, products, and services offered through the site....
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Experian
· Experian Terms of Use
The document discloses that Experian uses technology to analyze web traffic on the US section of experian.com, and directs users to product-specific privacy policies for details on cookies, web logs, and other tracking technologies used in connection with specific online products or services. The document does not describe the specific technologies deployed at the site level....
Why it matters: This provision acknowledges the use of traffic analysis technology on experian.com but does not specify the types of data collected, the technologies used, or any retention or sharing practices at the site level, directing users to separate product-specific privacy policies for those details. The scope of data collection practices for the general site remains unspecified in this document....
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Loom
· Loom Terms of Service
Subscriptions renew automatically at Atlassian's then-current rates unless either party provides notice of non-renewal before the current Subscription Term ends. The renewal period mirrors the prior term for terms under twelve months, or defaults to twelve months for longer terms....
Why it matters: This provision establishes an automatic renewal obligation at rates that may differ from the original Order price, creating a billing exposure if Customer fails to provide timely non-renewal notice before each Subscription Term ends....
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Loom
· Loom Terms of Service
Where a Customer's initial Order is paid by credit card or similar online payment method, the agreement authorizes Atlassian to charge that same payment method for subsequent renewals, new orders, usage overages, expenses, and unpaid fees without requiring a separate payment authorization for each transaction....
Why it matters: This provision authorizes recurring charges to a stored payment method across multiple billing events, including scope-of-use overages that may not be individually pre-approved by Customer, creating a financial exposure if usage exceeds purchased entitlements....
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Loom
· Loom Terms of Service
The agreement applies Irish law and Irish courts for EMEA-domiciled customers, and California law and San Francisco courts for all other customers, with both parties submitting to personal jurisdiction in the applicable forum....
Why it matters: This provision determines the legal framework under which disputes are resolved and the forum in which litigation must occur, with direct implications for the cost and procedural context of any dispute between Customer and Atlassian depending on Customer's domicile....
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Loom
· Loom Terms of Service
Atlassian may modify the Agreement, Policies, Product-Specific Terms, and DPA by posting changes with 30 days notice. For paid subscriptions, modifications generally take effect at renewal, but may take effect mid-term for legal compliance or product functionality updates; the Customer's exclusive remedy for objecting to mid-term changes is to terminate with a pro-rata refund within 30 days of notice....
Why it matters: This provision permits Atlassian to modify the Agreement, including the DPA governing Customer Data processing, mid-term for paid subscriptions where legal compliance or product changes are cited, with termination and pro-rata refund as the Customer's only contractual remedy for objecting to those changes....
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Loom
· Loom Terms of Service
Atlassian agrees to defend and indemnify the Customer against third-party intellectual property infringement claims arising from authorized use of the Products, subject to specific exclusions including Customer modifications, unauthorized use, use in combination with third-party products, and unsupported software releases....
Why it matters: This provision establishes Atlassian's obligation to defend and indemnify the Customer for IP infringement claims arising from authorized product use, while identifying four categories of use that remove that obligation; the Customer's exclusive remedy for IP infringement is limited to this indemnification framework....
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Loom
· Loom Terms of Service
Atlassian may suspend the Customer's access to Products and Support or Advisory Services if fees are overdue, provided at least ten days written notice has been given prior to suspension....
Why it matters: This provision establishes that non-payment with ten days written notice is sufficient to trigger suspension of all Product access and Support, creating a direct operational risk for organizations that experience payment processing delays or billing disputes....
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Linear
· Linear Terms of Service
The agreement authorizes Linear to modify its terms unilaterally by providing at least 30 days' advance notice and posting the updated terms to the Linear website....
Why it matters: This provision establishes a unilateral amendment mechanism that does not require affirmative Customer re-acceptance; continued use of the Service after the 30-day notice period constitutes acceptance of modified terms, requiring Customer procurement and legal teams to monitor posted agreement changes on an ongoing basis....
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Linear
· Linear Terms of Service
The agreement states that payment obligations are non-cancelable and generally non-refundable, and that recurring charges are processed automatically without further authorization once an Order is accepted. Linear may modify or introduce new fees at its sole discretion, with Customer's recourse limited to non-renewal....
Why it matters: This provision establishes that fees paid under an active Order are non-refundable except in the specific termination-for-cause scenario described in Section 5.3, and that recurring billing proceeds automatically without additional Customer authorization, creating ongoing payment exposure for the duration of the Subscription Period....
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Linear
· Linear Terms of Service
The agreement states that Linear owns all Service Data, defined as data collected about the performance and operation of the Service as Customers interact with it, and may use aggregated and anonymized Service Data in any manner, provided that no User Information, User Submissions, or personal identifying information is revealed to any third party....
Why it matters: This provision establishes Linear's unrestricted right to use Service Data once aggregated and anonymized, and asserts Linear's ownership of that data. The practical scope of this right depends on the definition and implementation of aggregation and anonymization standards, which are not specified in this Agreement....
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Linear
· Linear Terms of Service
The agreement designates Delaware law and exclusive jurisdiction in New Castle County, Delaware courts for all disputes, and includes a mutual waiver of the right to jury trial for any litigation arising under the Agreement. The prevailing party in any enforcement action may recover reasonable costs and attorney's fees....
Why it matters: This provision requires that all disputes be litigated in Delaware courts under Delaware law, and establishes a mutual jury trial waiver applicable to any action arising from or related to the Agreement. The fee-shifting provision creates additional financial exposure for the non-prevailing party in enforcement proceedings....
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Linear
· Linear Terms of Service
The agreement caps each party's liability for claims arising under the Agreement at the total fees paid or payable in the 12 months preceding the event giving rise to the claim, and excludes liability for indirect, special, incidental, or consequential damages, including lost revenues, data loss, and service interruption. Exceptions apply for Customer's breach of use restrictions, indemnification obligations, and gross negligence, willful misconduct, or fraud....
Why it matters: This provision establishes a mutual liability cap tied to 12 months of fees paid, which may be substantially lower than the value of data or business operations at risk in the event of a service failure, data loss, or security breach. The exclusion of consequential damages, including data loss and loss of goodwill, is a standard but operationally significant term for Customers relying on the platform for critical project data....