Terms of Service
Effective Date: August 2022
Please read this Agreement carefully before accessing or using Contentstack or any other products from Constenstack Inc. or any other affiliated company. By accessing or using any part of the web site or products, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Sites or use any Contentstack products, including but not limited to Contentstack. If you are entering in this Agreement on behalf of a company, organization, or other legal entity, you warrant that you have the authority to bind that entity, as well as all users who will have access to your account, to the terms of this Agreement. If you don't have that authority or aren't sure if you have that authority, you may not enter into this Agreement and you may not use any of the Sites or products governed by this Agreement.
In the event that you or a party authorizing you to access these Sites has entered into any Master Agreement with Contentstack, Inc. (“Contentstack”) or one of its affiliate companies (“Paper Agreements”) to access the Contentstack Services on these Sites, you and the entity entering into such Paper Agreements are bound by the terms thereof and such terms shall take precedence over any terms conflicting with this Agreement, except that Contentstack reserves the right to amend or update these Terms of Service and their applicability at any time.
Your Contentstack Account and Site
If you utilize the Contentstack Services, you are responsible for maintaining the security of your account and associated data, including but not limited to applications, code, executable and data, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with related data and applications. You must immediately notify Contentstack of any unauthorized uses of your application(s), your account or any other breaches of security. Contentstack will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions. You must not describe or assign keywords to your application in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Contentstack may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Contentstack liability.
You also agree that you will not (a) make any the Contentstack Service available to, or use any Purchased Service or other part of the Contentstack Service for the benefit of, anyone other than you or your employer, its affiliates and users, (b) sell, resell, license, sublicense, distribute, rent or lease any, or include any part of the Contentstack Service or Purchased Services in a service bureau or outsourcing offering, (c) use the Contentstack Service to store or transmit infringing, defamatory, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy, intellectual property or proprietary rights, (d) use the Contentstack Service to store or transmit code, files, scripts, agents or programs intended to do harm, including, for example, viruses, malware, worms, time bombs and Trojan horses, (e) interfere with or disrupt the integrity or performance of any part of the Contentstack Service or third-party data contained therein, (f) attempt to gain unauthorized access to any part of the Contentstack Service or its related systems or networks, (g) engage in phishing or posting illegal content including, without limitation, child pornography or make fraudulent representations, (h) copy a Purchased Service the Contentstack Service or any part, feature, function or user interface thereof, (i) frame or mirror any part of any Service, other than framing on your own intranets or otherwise for your own internal business purposes, (j) access any part of the Contentstack Service in order to build a competitive product or service, (k) reverse engineer any part of the Contentstack Service (to the extent such restriction is permitted by law), (l) utilize the Contentstack Service to violate any statute, rule, regulation, code or ordinance; or (m) share or transfer your login information or password. If you want to add users to your account or remove them you must promptly contact Contentstack to make such a request.
Responsibility of Contributors
If you create an application using Contentstack Services or the Contentstack Site, post material within the application, or otherwise make (or allow any third party to make) material available by means of the application (any such material, “Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, links, data, files (regardless of format), or computer software.
By making Content available and using the Contentstack Services you agree to be bound by the Contentstack Use Policy and External Facing Services policy and you represent and warrant that:
- The downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party.
- If your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content.
- You have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms.
- The Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content.
- The Content is not spam, is not randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing).
- The Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party.
- Your application is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other applications, and similar unsolicited promotional methods.
- Your application is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your application's URL or name is not the name of a person other than yourself or company other than your own.
- You have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Contentstack or otherwise.
By submitting Content to Contentstack for inclusion within your application or website, you grant Contentstack a world-wide, royalty-free, and non-exclusive license to use, access, reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your application. If you delete Content, Contentstack will use reasonable efforts to remove it from the Sites or application showcase, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, Contentstack has the right (though not the obligation) to, at Contentstack's sole discretion (i) refuse or remove any content that, in Contentstack's reasonable opinion, violates any Contentstack policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Sites or Contentstack Service to any individual or entity for any reason, at Contentstack's sole discretion. Contentstack will have no obligation to provide a refund of any amounts previously paid.
Payment and Renewal
Paid services are available on the Sites (a “Purchased Service" or “Purchased Services”). By selecting and purchasing these services you agree to pay Contentstack the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you purchase the services and will cover the use of that service for a monthly or annual subscription period as indicated.
Unless you notify Contentstack before the end of the applicable subscription period that you want to cancel a purchased service, your purchased service subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Purchased Services (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Purchased Services can be canceled at any time in the Purchased Services section of your site's dashboard. Cancellations will take effect at the end of the billing period in which you request account closure. If you purchase a monthly subscription you authorize regularly scheduled charges to your checking/savings account or credit card. You will be charged the amount indicated below each billing period. A receipt for each payment will be emailed to you and the charge will appear on your bank statement as an “ACH Debit.” You agree that no prior-notification will be provided unless the date or amount changes, in which case you will receive notice from us at least 10 days prior to the payment being collected.
If you take part in a program that licenses you to use Contentstack Service or the Sites without paying or registering (e.g., as part of a free trial, or free trial beta, or free trial, hereinafter collectively referred to as a “Trial Subscription”) you are hereby notified that all of the terms and conditions of this Agreement except the sections labeled "Automatic Renewal" and “Fees, Payments" apply to your use and access of Contentstack Services the Sites and your Account. Notwithstanding anything to the contrary in this Agreement, you also agree that Contentstack is not liable to you for any claims arising from your use of the Sites and the Trial Subscriptions. Further, you acknowledge that the Trial Subscription can be terminated at any time in the sole discretion of Contentstack as well as your access to Contentstack may be revoked or cancelled at any time at the discretion of Contentstack without notice, and that your Content may be deleted and your Account cancelled without notice.
Notwithstanding anything to the contrary in this the Agreement the Term of a Trial Subscription shall be set forth and you will be notified of the Term, but it shall not exceed 90 days, after which, You may order Contentstack Services under the terms of this Agreement or a Paper Agreement for a fee. Contentstack reserves the right to change the availability and term of the Trial Subscription at any time. After the termination of the Trial Subscription term, Customer acknowledges that Contentstack may delete your Content at any time. For Customer choosing to use a Trial Subscription, Customer agrees to be bound by all the obligations, terms and conditions of the Agreement and this Contentstack Use Policy.
By signing up for the Contentstack Services, you agree to pay Contentstack the specified monthly fees in exchange for access to the Service. Applicable fees will be invoiced starting from the day your access is established and in advance of using such services. Contentstack reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Though you may cancel the use of Contentstack at anytime, service and the availability of Contentstack will continue to be delivered till the end of the monthly period of pre-paid services. If Contentstack terminates this Agreement because we determine, at our sole discretion, that you have violated or attempted to violate the terms of this Agreement, we are under no obligation to provide a refund, in whole or in part, for any fees you have already paid.
You are responsible for any taxes, levies or duties assessed by any taxing authorities. You understand that the specified monthly fees you pay to Contentstack are exclusive of all taxes, levies and/or duties.
Release for Trial Subscriptions
You and your assigns agree to release Contentstack from any liability for any claims, damages or legal causes of action arising from the use of the Trial Subscriptions. In doing so, Customer acknowledges that it is familiar with Section 1542 of the California Civil Code, which provides as follows:
"A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known to him or her, must have materially affected his settlement with the debtor."
You and its directors, employees, agents, representatives, employers and assigns agree hereby waive and relinquish all rights and benefits which they have or may have under Section 1542 of the California Civil Code, or the law of any other state or jurisdiction to the same or similar effect to the fullest extent that they may lawfully waive all such rights and benefits pertaining to your use of the Trial Subscription only.
Account Usage Limitations
The Contentstack plans are designed to help you start small, and scale quickly as your app usage grows. Industry standard limits for features such as API calls and push notifications apply. Further our Purchased Services may be subject to usage and access limitations. If additional levels of usage limits are required, users may contact us for a custom plan. Notwithstanding the above, Contentstack reserves the right to reduce, limit or throttle the number of users, amount of data, access or throughput in connection with the Purchased Services as long as it does not affect the core functionality of the Purchased Services.
You may use Contentstack Services to develop an application that adheres to the limitations in this document, the Use Policy and External Facing Services Policy. In such documents you are the Customer and the Contentstack Services are the Saas Services.
If Contentstack believes, at its sole discretion, that you have violated or attempted to violate these conditions or the spirit of these terms, your ability to use and access Contentstack may be temporarily or permanently revoked, with or without notice. You understand that if your access is limited or revoked while Contentstack investigates a violation or attempted violation of these terms, Contentstack is under no obligation to offer you a refund, in whole or in part, for any fees you paid prior to such investigation. Further, if Contentstack believes, in its sole discretion, that your use of the Sites, Trial Subscriptions, Purchased Services or Contentstack Services or Sites uses excessive Contentstack resources or is a threat to the stability or security of the Contentstack Services or Site, Contentstack reserves the right to throttle, reduce or suspend access to the Sites and Contentstack Services.
Responsibility of Visitors to the Sites and Contentstack Purchased Services and Platform Users
Contentstack has not reviewed, and cannot review, all of the material, including computer software, posted to the Sites or Contentstack Service, and cannot therefore be responsible for that material's content, use or effects. By operating the Contentstack Service, Contentstack does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Service showcase may contain applications that are offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Service may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Contentstack disclaims any responsibility for any harm resulting from the use by visitors of the Sites, users of the Contentstack Service, or from any downloading by those visitors of content there posted.
Users of the Contentstack Services, including Trial Subscriptions agree that they will: (e) comply with terms of service of third party applications with which Customer uses Services; (f) not use the Services to store, transmit or display financial or health data that would require you to comply with or bring you or Contentstack into violation of the Gramm Leach Bliley Act, HITECH, HIPAA, COPPA or any other statute, rule, regulation or ordinance concerning use and protection and privacy of consumer data (g) enter into appropriate agreements, where applicable, relating to the transmission of and processing of Customer Data of Subjects of the European Union containing Personal Data, as defined in the Paragraph 1 of the General Data Privacy Regulation (GDPR) (h) not use the Services to process, store or transmit special categories of Personal Data on subjects of the European Union or Canada, as defined in Article 9 Paragraph 1 of the General Data Privacy Regulation (GDPR), unless such use qualifies under the exceptions set forth in Paragraph 2 of Article 9 of GDPR and provides notice to Contentstack prior to such use.
If you use the Contentstack Services, including any Trial Subscriptions, You also agree that will not (a) make any Contentstack Service available to, or use any Contentstack Service for the benefit of, anyone other than you, your affiliates and users, (b) sell, resell, license, sublicense, distribute, rent or lease any, or include any Contentstack Service in a service bureau or outsourcing offering, (c) use a Contentstack Service to store or transmit infringing, defamatory, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy, intellectual property or proprietary rights, (d) use a Contentstack Service to store or transmit malicious code, worms, malware, viruses or code that either denies access to or provides unauthorized access to other computers or networks (e) interfere with or disrupt the integrity or performance of any Contentstack Service or third-party data contained therein, (f) attempt to gain unauthorized access to any Contentstack Service or its related systems or networks, (g) engage in phishing or posting illegal content including, without limitation, child pornography or make fraudulent representations, (h) copy a Contentstack Service or any part, feature, function or user interface thereof, (i) frame or mirror any part of any Contentstack Service, other than framing on your own intranets or otherwise for your own internal business purposes or as permitted in the documentation, (j) access any Contentstack Service in order to build a competitive product or service, (k) reverse engineer any Contentstack Service (to the extent such restriction is permitted by law), (l) utilize the Contentstack Service to violate any statute, rule, regulation, code or ordinance.
Copyright Infringement and DMCA Policy
As Contentstack asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Contentstack violates your copyright, you are encouraged to notify Contentstack in accordance with Contentstack's Digital Millennium Copyright Act (“DMCA") Policy. Contentstack will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Contentstack will terminate a visitor's access to and use of the Sites or Contentstack Service if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Contentstack or others. In the case of such termination, Contentstack will have no obligation to provide a refund of any amounts previously paid to Contentstack.
COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT
(a) Termination of Repeat Infringer Accounts. Contentstack respects the intellectual property rights of others and requests that the users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, Contentstack has adopted and implemented a policy that provides for the termination of accounts in appropriate circumstances of users of Contentstack’s Sites, Purchased Services and the Contentstack Service who are repeat infringers. Contentstack may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.
(b) DMCA Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Service infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending the following information in writing to Contentstack’s designated copyright agent at Contentstack Inc., 315 Montgomery St., Suite 909, San Francisco, CA 94014.
- The date of your notification;
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(c) Counter-Notices. If you believe that your User Content that has been removed from the Sitesis not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:
- Your physical or electronic signature;
- A description of the content that has been removed and the location at which the content appeared before it was removed;
- a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in California and a statement that you will accept service of process from the person who provided notification of the alleged infringement under subsection 17 U.S.C. §512 (c)(1)(C) or an agent of such person.
If a counter-notice is received by Contentstack’s copyright agent, Contentstack may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in the Contentstack’s discretion) be reinstated in 10 to 14 business days or more after receipt of the counter-notice.
This Agreement does not transfer from Contentstack to you any Contentstack or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Contentstack, including but not limited to the Contentstack Services and any improvements or updates thereto. Contentstack, the Contentstack logo, and all other trademarks, service marks, graphics and logos used in connection with Contentstack, or the Contentstack Sitesare trademarks or registered trademarks of Contentstack or Contentstack's licensors. Other trademarks, service marks, graphics and logos used in connection with Contentstack may be the trademarks of other third parties. Your use of the Contentstack Service grants you no right or license to reproduce or otherwise use any Contentstack or third-party trademarks.
You agree to grant and do hereby grant to Contentstack a perpetual, irrevocable, royalty free and unrestricted license to use any know-how, suggestions, enhancements, corrections, requests, recommendations or other feedback relating to the Sites or Services that were provided by You or your users.
Contentstack reserves and you grant Contentstack the right to display links to your application or website and the name/logo of your company for marketing purposes and may do so without notice or compensation. If you ever feel that inclusion in the showcase is anything less than beneficial to your organization of your application, please contact us at firstname.lastname@example.org and we will acknowledge and respect your wishes to have your application excluded from the showcase.
Contentstack reserves the right, at its sole discretion, to modify or replace any part of this Agreement. Any time this Agreement is modified or replaced Contentstack will notify you, either using the email address you provide us during the sign-up process or when you access or log in to the Sites and/or Contentstack Service. Your continued use of or access to the Contentstack Service following the posting of any changes to this Agreement constitutes acceptance of those changes. Contentstack may also, in the future, offer new services and/or features through the Sites or Contentstack Service (including the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Contentstack may terminate your access to all or any part of the Contentstack Service at any time. If you wish to terminate this Agreement or your Contentstack account (if you have one), you may simply discontinue using the Sites or Contentstack Service. In the event that Contentstack chooses to terminate this Agreement, it is your sole responsibility to extract, port, download or otherwise preserve any content associated with your account. Upon effective termination of the Agreement you forfeit and relinquish access to all content in your account. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
DISCLAIMER OF WARRANTIES
THE CONTENTSTACK SERVICE IS PROVIDED “AS IS". CONTENTSTACK AND ITS SUPPLIERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER CONTENTSTACK NOR ITS SUPPLIERS AND LICENSORS, MAKES ANY WARRANTY THAT THE SERVICE WILL BE ERROR FREE OR THAT ACCESS THERE TO WILL BE CONTINUOUS OR UNINTERRUPTED. YOU UNDERSTAND THAT YOU DOWNLOAD FROM, OR OTHERWISE OBTAIN CONTENT OR SERVICES THROUGH, THE CONTENTSTACK SERVICE AT YOUR OWN DISCRETION AND RISK.
LIMITATION OF LIABILITY
IN NO EVENT WILL Contentstack, OR ITS SUPPLIERS OR LICENSORS, BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR: (I) ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES; (II) THE COST OF PROCUREMENT FOR SUBSTITUTE PRODUCTS OR SERVICES; (III) FOR INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA; OR (IV) FOR ANY AMOUNTS THAT EXCEED THE FEES PAID BY YOU TO Contentstack UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE CAUSE OF ACTION. Contentstack SHALL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND THEIR REASONABLE CONTROL. THE FOREGOING SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
Third Party Links and Applications
Contentstack may provide you with convenient links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). These links are provided as a courtesy to our users. Contentstack has no control over Third Party Sites and Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Contentstack, and Contentstack is not responsible for any Third Party Sites accessed through the Sites or any Third Party Applications, Software or Content posted on, available through or installed from the Sites or applications, including the content, accuracy, offensiveness, opinions, reliability, safety, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Sites or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by Contentstack. If you decide to leave the Sites and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Sites or relating to any applications you use or install from the site.
General Representation and Warranty
You agree to indemnify and hold harmless Contentstack, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Contentstack Service, including but not limited to your violation of this Agreement.
California Consumer Notice
Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. Contentstack may be contacted in writing at Contentstack Inc., 315 Montgomery St., Suite 909, San Francisco, CA, 94104.
This Agreement constitutes the entire agreement between Contentstack and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Contentstack, or by the posting by Contentstack of a revised version.
Governing Law and Dispute Resolution
This Agreement is governed by the laws of the state of California, U.S.A., without respect to its conflict of law provisions. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights, any dispute arising under this Agreement shall be subject to mediation in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS") by arbitrator(s) appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. You also agree, to the maximum extent permitted by law, to waive any rights to a jury trial in connection with any proceedings.
If any part of this Agreement is held invalid or unenforceable the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. Contentstack may assign its rights under this Agreement without condition.