Commercial Terms of Service

1. Definitions

1.1 Account means the administrative account Plaud makes available to Customer to provision and manage Authorized Users and configure the Services.

1.2 Affiliate means an entity that directly or indirectly controls, is controlled by, or is under common control with a Party, where "control" means ownership of more than 50% of the voting interests.

1.3 AI Services means any Plaud functionality that uses artificial intelligence or machine-learning models to generate Outputs (including transcripts, summaries, and other derived content) from Inputs.

1.4 Authorized User means an individual natural person who is authorized by Customer as an end user to access and use the Services under Customer’s Account (for example, Customer’s employees or contractors) and who is bound by terms and policies at least as protective as this Agreement. Each licensed seat is assigned to a single Authorized User.

1.5 Business Associate Addendum means an executed Business Associate Addendum relating to the use of Protected Health Information.

1.6 Confidential Information has the meaning in Section 9.1.

1.7 Content means collectively Inputs and Outputs (as defined below).

1.8 Customer Data means any data, documents, audio recordings, metadata, or other information that Customer or its Authorized Users submit, upload, or otherwise provide to the Services, including via Plaud devices.

1.9 Data Processing Addendum or DPA means the Data Processing Addendum governing Plaud’s processing of Content and Customer Data as located at https://www.plaud.ai/pages/data-processing-addendum.

1.10 Documentation means the then-current technical and functional documentation for the Services provided or made available by Plaud.

1.11 Effective Date means the earliest of: (i) the date Customer electronically accepts these Terms, (ii) the date Customer first accesses the Services, or (iii) the effective date of the first Order Form between the Parties that references this Agreement.

1.12 Input means any prompts, instructions, audio, or other data provided by Customer or its Authorized Users to the AI Services for processing.

1.13 Order Form means an ordering document, statement of work, online ordering page, online checkout or payment confirmation through Plaud’s designated payment platform, or similar instrument executed or accepted by the Parties that references this Agreement and specifies the Services, fees, term, and any applicable service levels or additional terms.

1.14 Output means any output, transcript, summary, or other result generated by the AI Services in response to Inputs.

1.15 Privacy Statement means the Plaud Privacy Policy governing the privacy provisions related to its Service as located at https://web.plaud.ai/privacy, as updated from time to time.

1.16 Services Term or Subscription Term means the period during which Plaud provides access to the Services as specified in the Order Form, or, where no term is explicitly stated, the billing period selected by Customer at checkout (monthly or annual, as applicable), renewing automatically in accordance with Section 10.1.

1.17 Software Development Kits or SDKs mean any software development kit, libraries, sample code, firmware interfaces, Bluetooth or device-pairing specifications, headers, schemas, and other developer tools that Plaud makes available for building integrations with Plaud devices.

1.18 Taxes has the meaning in Section 5.3.

1.19 Usage Data means data relating to the use, performance, and operation of the Services (for example, frequency, duration, and configuration) that Plaud collects and aggregates such that it does not identify Customer or any Authorized User.

2. Scope; Access and Use

2.1 Right to Use. Subject to the Terms and timely payment of all Fees, Plaud grants Customer a non-exclusive, non-transferable (except as permitted in Section 15.3), worldwide right during the applicable Services Term to access and use the Services solely for Customer’s internal business purposes and for use by Authorized Users. The services are not available in the countries and regions listed in Section 15.2. Where Plaud makes available SDKs, Plaud grants Customer a non-exclusive, non-transferable, non-sublicensable, revocable, worldwide license during the applicable Services Term to download, install, and use the SDKs solely to develop, test, and operate Customer applications that interoperate with Plaud devices lawfully obtained by Customer or Customer’s end users ("End Users").

2.2 Users. Customer may permit Authorized Users to use the Services under Customer’s Account, provided that Customer is responsible for: (a) configuring and managing Authorized Users’ access, (b) ensuring Authorized Users comply with the Terms, and (c) all activities under Customer’s Account. Each licensed seat may only be used by the single Authorized User to whom it is assigned. A seat may not be used to process Content that was generated by, or recorded on behalf of, individuals who are not separately licensed Authorized Users, regardless of whether those individuals directly access the Account. For Services accessed via API, Customer’s API credentials may be used by Customer’s applications to serve its End Users, provided that Customer enters into a written agreement with each End User that is at least as protective of Plaud and the Services as this Agreement (including with respect to acceptable use, intellectual property, and disclaimers of warranties), and Customer remains responsible for all acts and omissions of its End Users as if they were Customer’s own. Usage is metered based on API consumption (such as audio minutes) as set out in the Order Form or pricing page, and is not subject to per-seat assignment.

2.3 Devices; Software. The Services may require Plaud devices (for example, NotePin and Note) and related software or apps. Customer may download, install, and use Plaud software on a reasonable number of computing devices solely for use with the Services as permitted by the Terms and the Documentation. Customer will not, and will not permit any third party to:

• (a) modify, translate, or create derivative works of the SDKs except as expressly permitted by the Documentation;
• (b) reverse engineer, decompile, disassemble, or attempt to derive the source code, firmware, or underlying protocols of Plaud devices, except to the extent such restriction is prohibited by applicable law;
• (c) use the SDKs to develop, operate, support, or distribute a competing product, including to develop a general-purpose or vertical-specific AI note-taking, meeting capture, meeting summarization, or conversation intelligence application or service;
• (d) use the SDKs to interoperate with hardware that is not a genuine Plaud device, or to circumvent device authentication, pairing, or activation mechanisms;
• (e) distribute, sublicense, lease, sell, or make the SDKs (or any portion of it) available to any third party as a standalone product;
• (f) remove or obscure proprietary notices or identifiers in the SDKs or in firmware; or
• (g) use the SDKs in a manner that violates Section 3.3 or applicable law (including radio-frequency, wireless, and product-safety regulations).

2.4 Modifications to Services. Plaud may update or modify the Services (including by adding, changing, or removing features) from time to time. If Plaud makes a change that materially reduces the core functionality of a paid Service during a then-current Services Term, Plaud will notify Customer, and Customer may terminate the affected Service upon notice within 30 days and receive a pro rata refund of prepaid, unused Fees for that Service.

2.5 Service-Specific Terms; Policies. Customer’s use of certain features may be subject to additional terms (for example, service level terms, or security addenda) referenced in the Order Form or Documentation. Those additional terms are incorporated into this Agreement by reference and will control in the event of a conflict with this Agreement as to their subject matter.

3. Customer Responsibilities and Acceptable Use

3.1 Account Security. Customer must maintain the confidentiality of Account credentials and not permit sharing of individual login credentials by multiple persons. Customer will promptly notify Plaud of any unauthorized access or use of the Account or the Services.

3.2 Customer Obligations. Customer is responsible for:

• the accuracy, quality, legality, and appropriateness of Customer Data and Content;
• obtaining all necessary consents and notices (including from meeting participants, speakers, and other data subjects) required under applicable law for the recording, processing, and use of audio and related personal data via the Services; and
• configuring retention, access controls, and other settings in the Account to align with Customer’s legal and compliance requirements.

3.3 Acceptable Use. Customer and its Authorized Users must not use the Services to:

• Upload, process, or aggregate audio recordings, transcripts, or other Content made by or on behalf of individuals who are not separately licensed as Authorized Users;
• violate applicable law, including data protection, recording consent, or export control laws;
• create, upload, or distribute content that is illegal, harmful, offensive, defamatory, infringes the rights of others (including intellectual property, privacy, and publicity rights), or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, hateful, or otherwise inappropriate;
• interfere with or disrupt the Services, including by introducing malware, scraping, or attempting to circumvent technical or usage limitations;
• reverse engineer, decompile, or attempt to discover the source code or underlying models of the Services or Plaud’s or its subprocessors’ systems (except to the extent such restriction is prohibited by law);
• remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Plaud or its Affiliates, partners, or suppliers;
• build a competing product or service, including to develop, facilitate, or train competing AI or transcription services;
• copy, resell, rent, or otherwise exploit the Services for the benefit of any third party, except as expressly permitted in an Order Form; or
• represent that Output was human-generated when it was not.

3.4 User Content Standards. Customer will ensure that Authorized Users comply with the content standards substantially consistent with Plaud’s individual User Agreement, including prohibitions on illegal, harmful, or disruptive content as described in Plaud’s existing user content rules.

3.5 Third-Party Services. The Services may integrate or interoperate with third-party products or services (for example, cloud storage or collaboration tools). Plaud is not responsible for third-party services, and Customer’s use of them is subject to separate terms between Customer and the third party.

4. Content and Intellectual Property

4.1 Ownership of Customer Data and Input. As between the Parties and to the extent permitted by law, Customer retains all right, title, and interest in and to Customer Data and Inputs.

4.2 Ownership of Output. Subject to Customer’s compliance with this Agreement, Plaud assigns to Customer all right, title, and interest Plaud may have in Outputs generated by the AI Services from Customer’s Inputs. Customer may use Outputs for any lawful purpose, including commercial purposes, in accordance with this Agreement.

4.3 License to Provide Services. Customer grants Plaud and its Affiliates a non-exclusive, worldwide, royalty-free license during the Term to host, process, transmit, and otherwise use Customer Data and Content solely as necessary to:

• provide, maintain, and support the Services;
• comply with applicable law and enforce Plaud policies; and
• protect the integrity and security of the Services (for example, to detect abuse or misuse).

4.4 No Training on Customer Content. For Services designated as business or enterprise Services in the Order Form, Plaud will not use Customer Data or Content to train Plaud’s general-purpose foundation models or those of its subprocessors, except to the extent Customer separately opts in in writing.

4.5 Usage Data. Plaud may collect and use Usage Data to develop, improve, operate, and support the Services and its business, provided that such data is aggregated and/or anonymized such that Customer and its Authorized Users are not identified.

4.6 Plaud Materials. Plaud and its licensors retain all right, title, and interest in and to the Services and all related software, technology, visual interfaces, graphics, designs, and other materials (collectively, "Plaud Materials"). Except for the limited rights expressly granted to Customer in this Agreement, Plaud reserves all rights in the Plaud Materials.

4.7 Feedback. Customer may provide suggestions or feedback regarding the Services. Plaud may use Feedback freely without restriction or obligation to Customer, provided that Plaud will not identify Customer as the source of Feedback without Customer’s consent.

5. Fees, Payment, and Taxes

5.1 Fees. Customer will pay the fees for the Services as specified in the applicable Order Form ("Fees"). Certain Plaud services, such as transcription or translation services, may be usage-based and priced according to factors such as audio duration, quality, language, or required translation level, as described on Plaud’s pricing pages or in the Order Form.

5.2 Billing and Payment. Fees are charged immediately at the time of sign-up or renewal through Plaud’s designated payment platform. For custom engagements, Plaud (or its designated reseller) will invoice Customer on the schedule specified in the Order Form. Customer will pay all undisputed Fees within the period stated in the Order Form (or, if none, within 30 days of the invoice date). Late undisputed amounts may accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law.

5.3 Taxes. Fees are exclusive of all taxes, duties, and government charges (collectively, "Taxes"). Customer is responsible for all Taxes associated with its purchases under this Agreement, other than Plaud’s income-based taxes. If withholding is required by law, Customer will pay such amounts and gross up payments so that Plaud receives the full amount it would have received absent such withholding, and the Parties will reasonably cooperate to reduce or eliminate such Taxes where permitted by law.

5.4 Non-Refundable Services. Certain Services provide virtual goods or on-demand processing (for example, processing of specific files or recordings), which once initiated cannot be cancelled or refunded, as described on Plaud’s pricing or order pages.

5.5 Fee Disputes. Customer must notify Plaud of any good-faith dispute regarding a charge or invoice within 30 days of the applicable charge date or invoice date, as applicable, and pay all undisputed amounts when due. The Parties will work together in good faith to resolve billing disputes.

5.6 Suspension for Non-Payment. If undisputed Fees are past due, Plaud may, after providing notice, suspend Customer’s access to the Services until such amounts are paid.

6. Service Levels; Support; Changes

6.1 Service Levels. Plaud does not provide a formal service level commitment by default. For custom engagements, any agreed service level commitments (for example, uptime or response time) will be set out in a separate service level schedule or an Order Form. Any associated service credits will be Customer’s sole and exclusive remedy for failure to meet the applicable service levels.

6.2 Support. Plaud will provide support for the Services at the tier applicable to Customer’s subscription plan. Team plan subscribers receive priority support. Enhanced support packages may be available for additional Fees.

6.3 Planned Maintenance. Plaud may temporarily suspend the Services to perform scheduled maintenance. Plaud will use reasonable efforts to schedule such maintenance to minimize business disruption and, where practicable, provide advance notice.

7. Suspension and Service Risk

7.1 Suspension. Plaud may suspend Customer’s or any Authorized User’s access to any or all of the Services if:

• Customer or any Authorized User violates the Terms;
• Customer’s Account is used in a manner that, in Plaud’s reasonable judgment, threatens the security, integrity, or availability of the Services; or
• required by law or the order of a court or governmental authority.

Plaud will use reasonable efforts to limit the scope and duration of any suspension and restore access promptly after the condition giving rise to the suspension is remedied.

7.2 Service Risks. Customer understands that internet-based services may be subject to interruptions, failures, or errors arising from factors beyond Plaud’s reasonable control, including network failures, cyberattacks, or device malfunctions, and Plaud is not responsible for such events to the extent described in Section 11 (Disclaimers) and Section 12 (Limitations of Liability).

8. Indemnification

8.1 By Plaud (IP Indemnity). Plaud will defend Customer against any third-party claim alleging that Customer’s authorized use of the Services (excluding Customer Data, Content, and third-party components) infringes a third party’s intellectual property rights, and will pay any damages, costs, and reasonable attorneys’ fees finally awarded against Customer or agreed in settlement by Plaud arising out of such claim, subject to the aggregate liability cap in Section 12.2.

If such a claim arises, Plaud may, at its option and expense: (a) procure the right for Customer to continue using the Services; (b) modify the Services so they become non-infringing while materially preserving their functionality; or (c) terminate the affected Services and refund Customer any prepaid, unused Fees for the remainder of the Services Term.

Plaud’s obligations under this Section do not apply to claims arising from: (i) Customer Data, Content, or third-party products; (ii) use of the Services in combination with items not provided by Plaud; (iii) modifications to the Services made by anyone other than Plaud; or (iv) Customer’s use of the Services in violation of this Agreement.

8.2 By Customer. Customer will defend Plaud against any third-party claim arising from or related to: (a) Customer Data, Inputs, or Outputs (including allegations that Customer’s use of Content infringes or misappropriates any rights of a third party or violates law); or (b) Customer’s or an Authorized User’s breach of the Terms or applicable law, and will pay any damages, costs, and reasonable attorneys’ fees finally awarded against Plaud or agreed in settlement by Customer in connection with such claim.

8.3 Procedure. The indemnified Party must: (a) promptly notify the indemnifying Party in writing of any claim; (b) allow the indemnifying Party sole control of the defense and settlement of the claim (except that the indemnifying Party may not agree to a settlement involving admission of fault or imposing non-monetary obligations on the indemnified Party without its prior written consent); and (c) provide reasonable cooperation at the indemnifying Party’s expense.

8.4 Exclusive Remedy. This Section 8 sets forth each Party’s sole and exclusive obligations and remedies regarding third-party intellectual property and similar claims.

9. Confidentiality

9.1 Definition. "Confidential Information" means any non-public business, technical, or financial information disclosed by one Party ("Discloser") to the other Party ("Recipient") that is designated as confidential or that should reasonably be understood to be confidential given the nature of the information and the circumstances of disclosure. Customer Data and Content are Customer’s Confidential Information.

9.2 Obligations. Recipient will: (a) use Confidential Information only to perform its obligations or exercise its rights under this Agreement; (b) protect Confidential Information with at least the same degree of care used to protect its own confidential information of similar importance (and no less than reasonable care); and (c) not disclose Confidential Information to any third party except to its and its Affiliates’ employees, contractors, or professional advisors who have a need to know and are bound by obligations at least as protective as those in this Agreement.

9.3 Exclusions. Confidential Information does not include information that: (a) is or becomes publicly known without breach of this Agreement; (b) was lawfully known by Recipient without restriction before receipt; (c) is independently developed by Recipient without use of Confidential Information; or (d) is lawfully received from a third party without restriction.

9.4 Compelled Disclosure. Recipient may disclose Confidential Information to the extent required by law or court order, provided that Recipient (where legally permitted) gives reasonable prior notice to Discloser and cooperates (at Discloser’s expense) with Discloser’s efforts to obtain protective measures.

9.5 Equitable Relief. Recipient acknowledges that unauthorized disclosure of Confidential Information may cause irreparable harm to Discloser, for which monetary damages may be inadequate, and that Discloser may seek injunctive or other equitable relief in addition to any other remedies available at law.

10. Term and Termination

10.1 Term. This Agreement begins on the Effective Date and continues until terminated as provided below. Each Order Form will specify, or will imply by the billing cycles selected, the Services Term for the Services purchased.

10.2 Termination for Convenience. Either Party may terminate this Agreement for convenience by providing notice to the other Party, but such termination will not become effective until all then‑current Order Forms have expired or been terminated in accordance with their terms.

10.3 Termination for Cause. Either Party may terminate this Agreement or an affected Order Form immediately upon written notice if the other Party: (a) materially breaches this Agreement and fails to cure such breach within 30 days after receiving written notice describing the breach; or (b) ceases operations or becomes subject to insolvency proceedings that are not dismissed within 60 days.

10.4 Effect of Termination. Upon termination or expiration of this Agreement:

• all rights granted to Customer to access and use the Services will immediately cease; and
• Customer will pay any accrued but unpaid Fees (including any applicable committed minimums as specified in the Order Form, except where termination is by Customer for Plaud’s uncured material breach).

10.5 Survival. Sections 1, 3.2–3.5, 4.1–4.7, 5–9, 10.4–10.5, 11–15, and any other provisions that by their nature should survive termination will survive termination or expiration of this Agreement.

11. Disclaimers

11.1 General Disclaimer. Except as expressly stated in this Agreement or an applicable Order Form, the Services and Outputs are provided "as is" and "as available." Plaud and its licensors make no warranties (express, implied, statutory, or otherwise) including implied warranties of merchantability, fitness for a particular purpose, non-infringement, or quiet enjoyment.

11.2 AI and Transcription Limitations. Customer acknowledges that:

• AI-generated Outputs and automated transcription may be inaccurate, incomplete, or contain errors, and should not be relied upon without appropriate human review for Customer’s specific use case; and
• the accuracy of automated transcription and AI features depends on factors such as audio quality, accents, background noise, and domain-specific terminology.

Plaud does not guarantee that any Output or transcription will be accurate, complete, or error-free.

11.3 No Professional Advice. Outputs and other information generated by the Services are for informational purposes only and do not constitute legal, medical, or other professional advice; Customer is responsible for obtaining professional advice where appropriate.

12. Limitations of Liability

12.1 Exclusion of Certain Damages. To the maximum extent permitted by law, neither Party will be liable to the other for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, business, goodwill, or data, even if advised of the possibility of such damages and regardless of the legal or equitable theory (contract, tort, or otherwise) on which the claim is based.

12.2 Aggregate Liability Cap. Except for (a) Customer’s payment obligations and (b) either Party’s breach of Section 9 (Confidentiality) or Plaud’s obligations in the DPA (if applicable), each Party’s total aggregate liability arising out of or related to this Agreement will not exceed the greater of: (i) the total Fees actually paid or payable by Customer to Plaud under the applicable Order Form during the 12 months immediately preceding the event giving rise to liability, or (ii) US $100.

12.3 Application. The limitations in this Section 12 apply to all theories of liability, whether in contract, tort (including negligence), strict liability, or otherwise, and regardless of whether any remedy fails of its essential purpose.

13. Publicity; Use of Name

13.1 Publicity. Plaud may use Customer’s name and logo to identify Customer as a user of the Services on Plaud’s websites and in marketing materials, unless Customer notifies Plaud in writing that it opts out of such usage.

13.2 No Endorsement. Neither Party may imply that the other Party endorses or supports its products or services without the other Party’s prior written consent.

14. Governing Law and Dispute Resolution

14.1 Governing Law. This Agreement is governed by the laws of the State of California, USA, without regard to its conflict-of-law rules.

14.2 Mandatory Arbitration. Customer and Plaud agree to resolve any and all disputes, claims, or controversies arising out of or relating to this Agreement or the Services ("Disputes"), regardless of when they arose, through final and binding individual arbitration, except as expressly provided in this Section.

14.3 Informal Dispute Resolution. Before initiating arbitration or any permitted court proceeding, the Parties agree to first attempt in good faith to resolve any Disputes through informal discussions. Customer agrees to do so by sending written notice to support@plaud.ai, describing the nature of the Disputes and the relief sought. Plaud agrees to do so by sending notice to the email address associated with the Account or through in-app messaging. If unresolved, either Party may initiate arbitration. During this informal resolution period, either Party may request an individual settlement conference, and both parties agree to participate in good faith.

14.4 Arbitration Forum. The arbitration will be administered by National Arbitration and Mediation ("NAM") under its applicable rules then in effect, as modified by this Agreement. If NAM is unavailable or unwilling to administer the arbitration consistent with this Agreement, the Parties will select an alternative arbitral forum; if they cannot agree, a court of competent jurisdiction will appoint a suitable arbitration provider.

14.5 Arbitration Procedures. The arbitration will take place by video conference, by telephone, based on written submissions, or in person in San Francisco, California, or another location mutually agreed by the Parties, as determined by the arbitrator. All proceedings will be conducted in English. The arbitration will be conducted by a single arbitrator. The arbitrator will have exclusive authority to resolve any Disputes, except that the state or federal courts of San Francisco, California have the authority to determine any Disputes about enforceability, validity of the class action waiver, or requests for public injunctive relief, as set out below. Any settlement offer amounts will not be disclosed to the arbitrator by either party until after the arbitrator determines the final award, if any. The arbitrator has the authority to grant motions dispositive of all or part of any Disputes.

14.6 Class Action and Jury Trial Waiver. The Parties agree that Disputes may only be brought on an individual basis, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. There is no right or authority for any Disputes to be arbitrated on a class, consolidated, or representative basis. The Parties knowingly and voluntarily waive any right to a jury trial.

14.7 Batch Arbitration. If twenty-five (25) or more similar arbitration demands are filed against Plaud by or with the assistance of the same or coordinated counsel within 90 days, the Parties agree that NAM will administer the claims in batches in a manner substantially consistent with its batch procedures for mass filings.

14.8 Severability and Survival. This arbitration provision survives termination of this Agreement. If a court of competent jurisdiction determines that any part of this Section is unenforceable as to a particular Party or claim, that part will be severed and the remainder enforced to the fullest extent permitted by law, except that if the class action waiver in Section 14.6 is held unenforceable as to a claim, that claim must be brought exclusively in court.

15. General Provisions

15.1 Export and Sanctions. Customer will comply with all applicable export control and sanctions laws in connection with its use of the Services, and will not permit access to the Services in or by persons or entities in countries or on lists where such use is prohibited.

15.2 Geographic Restrictions. The Services are not available to individuals or entities (a) located in, organized under the laws of, or ordinarily resident in Russia, Belarus, Cuba, Iran, North Korea, Syria, or the People’s Republic of China (excluding Hong Kong and Macau); or (b) otherwise prohibited from receiving the Services under applicable export control laws or economic sanctions programs administered by the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) or other applicable governmental authority. Customer represents and warrants that neither Customer nor any of its Authorized Users is located in or subject to the jurisdiction of any such country or territory.

15.3 Assignment. Neither Party may assign this Agreement without the other Party’s prior written consent, except that either Party may assign this Agreement in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. Any permitted assignment will bind successors and assigns.

15.4 Subcontractors. Plaud may use subcontractors and subprocessors to provide the Services, but remains responsible for their performance under this Agreement.

15.5 Force Majeure. Neither Party is liable for failure or delay in performance caused by events beyond its reasonable control, such as natural disasters, acts of war, terrorism, labor disputes, or internet or telecommunications failures, provided that the affected Party uses reasonable efforts to mitigate the impact.

15.6 Entire Agreement. The Terms, together with all Order Forms and incorporated documents, constitutes the Parties’ entire agreement regarding the Services and supersedes all prior and contemporaneous agreements on the same subject.

15.7 Amendments. Plaud may update this Agreement or incorporated policies for new or renewed Services Terms by providing reasonable advance notice (for example, by email or via the Services). Substantive updates will not apply retroactively to a then‑current Services Term unless required by law or agreed in writing. Customer’s continued use of the Services after the last updated date of an update for a renewal Term constitutes acceptance of the updated terms.

15.8 Notices. All notices under this Agreement must be in writing and sent to the contact addresses specified in the Order Form (or as updated by a Party by written notice). Notices are deemed given when received.

15.9 Severability. If a court of competent jurisdiction finds any provision of this Agreement invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect.

15.10 Waiver. No waiver of any breach or default is effective unless in writing and signed by the waiving Party, and no waiver constitutes a waiver of any other or subsequent breach or default.

15.11 No Third-Party Beneficiaries. There are no intended third-party beneficiaries to this Agreement.