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TERMS OF SERVICE

Last Updated May 22, 2024

We’re Pixel & Tonic. We also go by “P&T” or the more familiar “we,” “us” or “our.” We are the team behind Craft CMS, Craft Cloud, as well as a handful for first-party Craft CMS plugins. Additionally, we host and operate the Craft CMS Plugin Store, Craft Console and this website (collectively, the “Site”). In these Terms, all products, services, and the Site are collectively referred to as our “Services”. These Terms are very important. Please read them in full. We tried to make these Terms Services as digestible as possible by breaking them down into parts:

Part I: Terms Acceptance establishes these Terms of Service as a contract between you and Pixel & Tonic.

Part II: Our Services sets out the terms and conditions specific to each of our Services. These terms and conditions apply if and to the extent that you use one or more of our Services.

Part III: General Terms applies to your use of any and all of our Services.

You can also review The Craft Top 10 for a quick reference, though you are still responsible for complying with these Terms in their entirety. If you have any questions about these Terms or the Services, please contact us at [email protected].

PART I: TERMS ACCEPTANCE #

1.1. These Terms of Service #

These Terms of Service (or “Terms”) are a binding agreement between Pixel & Tonic, Inc. dba Craft CMS (“Craft CMS”, “us” or “we”) and you as a Site visitor or as a registered customer (“Customer”) for your use of our Services. Additional, separate terms and conditions may apply to some of the Services we offer, and such additional terms will be considered a part of these Terms. Certain Craft CMS paid Services, consulting, and other professional services are available to Customers pursuant to separately negotiated agreements. Craft CMS reserves the right to change our subscription plans and other Services offered to Customers or adjust pricing for our Services or any components thereof in any manner and at any time. We will give you at least 30 days’ notice prior to any price change or change to your subscription plan. THESE TERMS OF SERVICE INCLUDE A CLASS ACTION WAIVER AND AN ARBITRATION PROVISION THAT GOVERNS ANY DISPUTES BETWEEN YOU AND CRAFT CMS.

1.2. Eligibility #

To be eligible to use the Services, you must (a) be at least 18 years of age; (b) reside in a jurisdiction where we offer our Services and where the use of our Services is lawful; and (c) represent that you have read, understood, and agree to be bound by the Terms, regardless of the device or platform by which you access the Services. You may not access or use the Services if you are barred from receiving such Services under applicable law or have previously been suspended or removed from any of our Services. By using the Services, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet these eligibility requirements or if you do not agree to these Terms, you may not use the Services.

1.3. Acceptance #

You accept these Terms by clicking to accept or agree to the Terms where this option is made available on the Services, in any agreement or electronic form, or by simply visiting the Services. You must be of legal age and capacity to form a binding contract to accept these Terms. If you are using or accessing the Services on behalf of a company or other entity (“Entity”), you represent, agree, and warrant that you are authorized to act on behalf of the Entity and to bind such Entity to these Terms. These Terms will remain in effect while you use the Services. If you do not agree with these Terms in whole or in part, do not access or use the Services.

1.4 Your Craft Console Account #

You do not need to register to visit our Site, but you will need to register and create a Craft Console Account to download or use any of our Services. A Craft Console account is powerful. You can sign up for a Craft Console here. A Craft Console account allows you to purchase, manage and transfer Craft CMS and Plugin licenses, manage Craft Partner profiles distribute plugins in the Craft Plugin Store, and create Craft Cloud projects. When you create a Craft Console account, you agree to the following: (a) you are at least 18 years old; (b) you will provide correct, current, and complete information at all times when using the Services; (c) you will maintain and update your information as needed to keep it correct, current, and complete; (d) you will not to do anything that might jeopardize the security of your Craft Console Account; and (e) you will notify us immediately of any unauthorized access to or use of your Craft Console Account, login credentials, or the Services, or any other breach of security. You are strictly prohibited from sharing your account login credentials with anyone or otherwise permitting a third party to use the Services via your Craft Console Account. You are solely responsible for all use of your Craft Console Account, including without limitation any purchases, payments, Your Content (defined in Section 3.7), and use of your Craft Console in the Craftnet API, by you or anyone else and whether or not you are aware of such use. We may remove or suspend a Craft Console Account for any reason without notice if we suspect that you are using your Craft Console or the Services in a way that violates these Terms or puts us or others at risk. If you are using your Craft Console Account on behalf of or for the benefit of a third party (like a client whose website you’re designing), you are agreeing to these Terms on behalf of yourself, your employer, the client, and other End Users (defined in Section 3.1), as applicable. You promise that you have the authority to agree to these Terms on behalf of such third parties.

1.5 Privacy Statement #

You acknowledge that you have read and understand the Craft CMS Privacy Statement. By using the Services or features thereof, you represent and warrant that: (i) any information you submit to Pixel & Tonic dba Craft CMS is truthful and accurate, (ii) you will maintain the accuracy of that information, and (iii) your use of the Services and its features does not violate any applicable law, rule, or regulation. Any information that you provide to us will also be subject to our Privacy Statement. You further agree that the Craft CMS Data Processing Addendum applies if and to the extent that you use the Services to process Personal Data. By using the Services, you acknowledge and agree to the terms of our Privacy Statement and the Craft CMS Data Processing Addendum (“DPA”). You agree to comply with the Privacy Statement and the DPA, and you are solely responsible for your own privacy practices with respect to any and all Personal Data that you collect, process, store, or disclose on, through or via the Services. You agree that Craft CMS shall have no responsibility or liability related to your use of the Services with respect to Personal Data or for any misuse or misinterpretation of Personal Data by you or any third party. Our Privacy Statement and the Craft CMS Data Processing Addendum are hereby incorporated into these Terms by this reference.

1.6 Craft CMS Materials #

Unless otherwise expressly indicated, the Services and all images, logos, source code, content, Resources (defined in Section 2.1.3), non-public APIs, and other materials contained in the Services (collectively, the “Craft CMS Materials”) are copyrights, trademarks, trade dress or other intellectual property owned, controlled, or licensed by Pixel & Tonic dba Craft CMS. The Craft CMS Materials are protected by U.S. and foreign copyright, trademark, trade dress, or other proprietary rights laws and international conventions.

1.7 Your License #

Craft CMS hereby grants you a license to use the Craft Materials to which you register or subscribe at the access level we grant to you as permitted by the Terms (your “License”). For more details about your License under our Services, read How Craft CMS Licenses and Renewals Work and the Craft License (each incorporated by this reference). Your License includes access to the Services to which you subscribe by employees, independent contractors, and other end users to whom you grant access to the Services via your subscription hereunder (your "End Users"), provided that such access is governed and limited by the terms of your subscription for such Services and Section 3.1 herein. You may transfer your License to another account or release your License to another party only as described and expressly permitted under Releasing and Claiming Licenses. Your License is subject to the License Restrictions in Section 3.6 of these Terms. The Craft Materials are licensed to you, not sold. This License grant will terminate automatically if you breach these Terms or upon termination or expiration of these Terms. Nothing in these Terms is intended to transfer to you any other rights to the Craft CMS Materials or grant you any other license thereto. Only a duly authorized officer of Craft CMS may grant permission or a license to use any of the Craft CMS Materials; any attempted grant or similar promise by anyone other than a duly authorized agent of Craft CMS is invalid.

PART II: OUR SERVICES #

2.1 Craft Cloud #

Craft Cloud is a hosting service/platform offered for use with Craft CMS’s content management software and plugins. Craft Cloud is available to you on a subscription basis in exchange for fees which are posted on the Site. These fees are subject to change from time to time. You agree that your subscription begins the day you subscribe to Craft Cloud and automatically renews at the term you choose (annual or monthly) unless you cancel or change your subscription.

2.1.1 Acceptable Use #

Your use of Craft Cloud is subject to our Acceptable Use Policy, incorporated into these Terms by this reference. By subscribing to Craft Cloud, you also agree to our Acceptable Use Policy on behalf of yourself and your End Users.

2.1.2 Craft CMS License #

Subject to and conditioned on your payment of applicable fees and compliance with these Terms, with a Craft Cloud subscription Craft CMS hereby grants you a revocable, non-transferable (except as provided in Section 1.5), non-sublicensable, non-exclusive Craft Pro license, in addition to hosting services. This Craft Pro license is licensed to you, not sold. As part of your license under Section 2.1, Craft CMS will provide you with access to Craft Cloud and will host and access Your Content through Craft Cloud as detailed in your subscription. The Craft Cloud Hosting Services and Craft Pro License grant will terminate automatically if you breach these Terms or upon termination or expiration of these Terms. Nothing in these Terms is intended to transfer to you any other rights to Craft Cloud or other Craft CMS Materials or grant you any other license thereto.

2.1.3 Resources #

You may have access to resources such as starter projects, agreement templates, forms, and guides provided by Craft CMS (collectively, “Resources”). All Resources and any communications with Craft CMS with respect thereto are for informational purposes only and do not constitute legal or professional advice. Resources are provided without any warranty, express or implied, including as to their legal effect and completeness, and should only be used as a guide and modified to meet your own individual needs. Your use of any Resources is at your own risk.

2.1.4 Usage Data #

Craft CMS may collect and use non-personal technical data relating to use of the Services and interactions with Your Content (“Usage Data”) to develop, improve, operate, and support the Services.

2.1.5 Availability #

Craft CMS will use commercially reasonable efforts to maintain availability of the Craft Cloud 24 hours per day, seven days per week, except for scheduled downtime. We will make commercially reasonable efforts to notify you of planned downtime and unavailability of the Craft Cloud. You agree and understand that there will be times when the Craft Cloud will be unavailable, such as scheduled maintenance times; outages; emergency maintenance; unavailability caused by software, hardware, or other users; and causes beyond our reasonable control, including that of third-party services. Pixel & Tonic dba Craft CMS is not liable for any delays, interruptions, or other transmission errors resulting from any lack of service, whether or not the cause is mentioned in this paragraph, or any lack of service caused by your device, your code, Your Content, or your internet or wireless service provider.

2.2 Craft Solo #

Craft Solo is the free version of our on-prem content management system designed to allow developers to become familiar with the product and our Services and create one-off websites for non-commercial purposes.

2.2.1 No Fees #

Craft Solo is free to use forever and comes with the Craft Solo features listed on the Site. You can download and install Craft Solo from our Site. You may use Craft Solo to build a website for yourself or a friend and for non-commercial purposes only.

2.2.2 Craft Solo License #

If you download Craft Solo via your Craft Console Account, Craft CMS grants you a revocable, non-transferable (except as provided in Section 1.5), non-exclusive license to use, copy, modify, merge, publish and/or distribute copies of Craft Solo, and to permit your End Users to do so, subject to the following conditions:

  • You must always use Craft Solo in compliance with applicable laws;
  • You must include a copyright notice that reads “Copyright © [YOUR_NAME_HERE]” in all copies or substantial portions of Craft Solo;
  • Each licensed copy of Craft Solo may be actively installed in no more than one production environment at a time; *You may not alter or circumvent (or attempt to do so) Craft Solo features related to licensing in any way, including but not limited to license validation, payment prompts, feature restrictions, and update eligibility; and Failure to comply with the foregoing conditions will automatically and immediately result in termination of the permission granted hereby.

This license does not include any right to receive technical support. Licensees bear all risk related to the quality and performance of the Software and any modifications made or obtained to it, including liability for actual and consequential harm, such as loss or corruption of data, and any necessary service, repair, or correction. All other terms and conditions set forth in these Terms apply to Craft Solo.

2.2.3 No Support. #

Because Craft Solo is free, we don’t offer any support or guarantees for Craft Solo.

2.3 Craft Pro #

Craft Pro is our paid, fully-featured Content Management System

2.3.1 Craft Pro Fees #

Craft Pro is available to you on a per-installation subscription basis in exchange for the license fees for Craft Pro posted on the Site, subject to change from time to time. Craft CMS does not offer refunds for Craft Pro after the 30-day refund period expires. We may terminate your use of Craft Pro if you fail to pay any undisputed amount within 60 days after being due, or if we reasonably believe you’re violating any aspect of these Terms. The initial license term for all Craft Pro licenses is one year. At the end of the one-year license term, you will need to renew your license and pay the renewal fee to continue to receive software updates and support services.

2.3.2 Craft Pro License #

Subject to and conditioned on your payment of applicable fees and compliance with these Terms, Craft CMS hereby grants you a revocable, non-transferable (except as provided in Section 1.5), non-sublicensable, non-exclusive license to access and use Craft Pro for your own personal use for the purposes described in these Terms. Craft Pro is licensed to you, not sold. As part of your License under this Section 2.3, Craft CMS will provide you with access to Craft Pro and grants you a revocable, non-transferable (except as provided in Section 1.5), non-exclusive license to use, copy, modify, merge, publish and/or distribute copies of Craft Pro, and to permit your End Users to do so, subject to the conditions listed under Section 2.2.2. Your License under this Section 2.3 will terminate automatically if you breach these Terms or upon termination or expiration of these Terms.

2.3.3 Support and Availability #

Craft Pro comes with Technical Developer to Developer Support. We do not provide any support for Third-Party Services. If the third-party developer of a plugin offers support, this is between you and the developer.

2.4 Craft Plugin Store #

This Section, 2.4 applies to your use of our Development Features and distribution of your plugin on the Craft Plugin Store. We may remove your plugin from the Plugin Store or suspend promotion of the plugin if you violate any of these Terms.

2.4.1 Developer Features #

Some of our Services allow you to enable developer features that allow you to freely distribute or sell your plugins in the Plugin Store (“Developer Features”). The following terms apply to you, the developer, if you use the Developer Features:

  • You promise that your plugin does not infringe or violate any third party’s rights, including intellectual property or publicity/privacy rights.

  • The functionality your plugin provides must comply with the Site License, Craft Solo License, or other license(s) granted to you for your use of the Services (in each case, your “Craft CMS License”).

  • Your plugin must use the MIT License or the Craft CMS License. We do not support any other license types.

  • Your plugin must live in a public GitHub repo.

  • Your plugin may not require non-stable Composer dependencies.

  • Your plugin must not transmit any data back to you as the vendor without express permission from the website owner.

  • Your plugins will use the Craftnet licensing validation system. This means that:

    • Your plugins will be available for free trial use in environments that appear to be for development, testing, or staging.

    • All licenses are perpetual for the tier that was purchased.

    • You must set an optional annual Renewal Price for a licensee’s continued access to updates. Please note, this is not a “subscription.” Licensees are not required to pay a plugin’s annual renewal fee unless they wish to update the plugin or upgrade the plugin to a new edition.

    • Craft CMS isn’t liable if our license validation fails; our goal is to enable customers to easily support ongoing development costs that help keep plugins stable, current, and forward-thinking. We also try to stop and prevent bootlegging activity.

  • You agree that all personal data acquired through the Plugin Store or through plugin support will adhere to our Privacy Statement.

  • Craft CMS does not require exclusivity to your plugin, but you may not charge more for your plugins in the Plugin Store than other places where your plugin is distributed.

  • Your plugin handle must not be so generically named that it could be confused for a core service (forms, components, etc.). Craft CMS reserves the right to determine whether a name is overly generic, at our sole discretion.

  • You may not use our Trademarks in the name of your plugin or otherwise name your plugin in a way that implies a formal partnership with Craft CMS. This extends to all promotional and educational materials as well. Example, “Craft SEO” is not an acceptable plugin name. “AcmeSEO, for Craft” is acceptable. This is better for all involved as it keeps your intellectual property separate from ours. These rules also apply to your promotional language, website, URLs, and educational material related to your plugin. Some exceptions may apply, for example GitHub and other developer tools with strict naming conventions.

  • “Bait & switch” plugins are prohibited. Free plugins must always offer a free tier. Paid and free versions are acceptable (that’s what we do), but you may not switch a currently free plugin to “paid only” plugin so that production installations are impacted. You may end-of-life a free plugin and offer a commercial alternative. You can submit a commercial version of the free edition as a separate plugin.

2.4.2 Plugin Distribution #

You agree to distribute your plugins on the Craft Plugin Store as follows:

  • Craft CMS will deduct a 20% commission on the retail price of commercial plugins. Craft CMS covers the transactional cost of the purchase (i.e., Stripe fees) in its 20% commission. Taxes are added to the retail price of the plugin. Example: Acme Tasks is $10. Tax is 10%. The customer pays $11 for the plugin. $1 goes toward taxes, $8 goes to you, $2 goes to Craft CMS, and Craft CMS pays any transactional costs from that $2.

  • You agree to provide a 30-day refund policy on all purchases. Here is how it works: Craft CMS will refund customers and apply a negative credit to your Craft Console account for up to -$100 USD. Refunds in excess of $100 USD will be invoiced to you with a 30-day payment term.

  • You must have a Stripe account linked to your Craft Console to receive payments. Your use of Stripe services may be subject to additional terms and conditions as determined by Stripe.

  • We do our best to pay out revenue within one business day to plugin developers selling plugins in the Plugin Store. However, payouts can take up to 45 days. Payouts from plugin sales will apply to any negative balance first.

  • Invoices that are 15 days past due will result in immediate Plugin Store suspension.

  • You may remove your plugin from the Plugin Store at any time. Please note that removing the plugin does not delete the plugin from existing installations. It simply stops the plugin from being distributed in the Plugin Store.

2.4.3 Craft Plugin Store #

You hereby grant Craft CMS all rights necessary to distribute your plugin, including without limitation the right to use your logo, copy, customer testimonials, or similar content and materials for promotional purposes and the right to distribute, publicly display, and publicly perform your plugin, solely in connection with making your plugin available via the Plugin Store. You do not grant Craft CMS ownership rights to your plugin of any kind. Craft CMS, in our sole discretion, may remove any plugin from the Plugin Store for any reason without notice. This policy is critical to allow us to quickly respond to any security issues, which may mean removing a plugin without notice.

2.5 The Site #

You have a revocable, non-transferable, non-exclusive license to access, use, display, download, and print in hardcopy format the images, illustrations, designs, photographs, video clips, text, graphics, icons, designs, software code, written information and screens appearing on the Site or other Services, and other materials, as well as names, logos, taglines, trade dress, and other trademarks displayed on the Site (“Site Contents”) for the purposes of using the Site as an internal or personal business resource. You may not commercialize, sublicense, or resell the Site or any Site Contents without an express license grant from Craft CMS. You do not have permission to copy, reproduce, make derivative works from, distribute, republish, download, display, perform, post electronically or mechanically, transmit, record, or mirror any of the Site Contents without the prior written permission of Craft CMS. Nothing in these Terms is intended to transfer to you any rights to the Contents or grant you any license to the Site Contents, except as specifically set forth in these Terms or the applicable license terms pertaining to certain Site features. Only a duly authorized officer of Craft CMS may grant permission or a license to use any of the Site Contents; any attempted grant or similar promise by anyone other than a duly authorized agent of Craft CMS is invalid.

PART III: GENERAL TERMS #

The General Terms in Part III of these Terms of Service apply to your use of any of the Services along with all provisions of Part I as well as the terms and conditions set forth in Part II that are applicable to the Services to which you use and/or subscribe.

3.1 Responsibility for Your End Users #

If you grant access to the Services associated with your Customer registration to one or more End Users, you agree to: (a) be solely responsible for compliance with these Terms and our Acceptable Use Policy (including the Craft CMS Code of Conduct) by all of your End Users; (b) prior to such End User accessing the Services, ensure that each End User agrees to our Acceptable Use Policy and our Privacy Statement and consents to the collection and processing of the End User’s Personal Data via the Services; (c) be responsible for the accuracy and lawful collection and use of any data, including Personal Data, of End Users or other individuals, that is provided to Craft CMS or input to the Services by you or your End User; (d) use commercially reasonable efforts to prevent unauthorized access to or use of the Services, and notify Craft CMS promptly of any unauthorized access or use; and (e) use, and ensure that your End Users use, the Services only in accordance with these Terms, your Agreement, and all applicable laws. Any use of the Services in violation of the foregoing by you or your End Users that, in our sole judgment, threatens the security, integrity, or availability of the Services may result in immediate suspension of access to the Services. You understand and agree that you are solely responsible for your End User’s use of the Services pursuant to and in compliance with the License granted to you under these Terms.

3.2 Fees and Payment #

3.2.1 Fees #

Some of the Services are available for free, while others are available in exchange for a fee. See our Pricing for details. You agree to pay all fees associated with the paid Services you purchase or to which you subscribe and any changes you make to your selections from time to time, as well as any and all applicable sales and use taxes for the purchase of your subscription based on the address that you provide when you register as a Customer. All fees are quoted in United States dollars.

3.2.2 Payment Method #

To use paid Services, you must maintain a valid payment method (credit or debit) associated with your account. You authorize Craft CMS to charge your payment method every term (annual or monthly) for the fees due hereunder, along with any sales and use taxes and any late fees or interest (as described below). You represent and warrant that the payment information you provide to us is correct and accurate and you are using a payment method that you are legally authorized to use for this purpose. You agree that you are solely liable for any payment or credit card fraud, abuse, or unauthorized use by you or others. Except for downgrades and cancellations by you in the manner permitted herein, payments are nonrefundable, and there are no refunds or credits for partially used periods.

3.2.3 Nonpayment #

If you do not pay on time or if we cannot charge the payment method you have on file for any reason, we reserve the right to either suspend or terminate your access to the Services. In addition, if any payment is not received within 30 days after the due date, then we may charge a late fee of $10, and we may assess interest at the rate of 1.5% of the outstanding balance per month (18% per year), or the maximum rate permitted by law, whichever is lower, from 30 days after the due date until the date paid. If your unpaid fees are referred to an attorney or collections agency, you shall pay all reasonable attorney’s fees or collections agency fees. Returning Customers must pay any unpaid balance, including any late fees, before receiving Services. For clarity, credits, vouchers, coupons, and promotions may not be used to receive Services by returning Customers until unpaid balances, including late fees, are paid.

3.2.4 Free Trials #

You can try some Services before buying the paid version; no credit card is required. For example, you can try Craft or any plugin in our Plugin Store for free in developer and staging environments and pay only when the website is ready to go live. This greatly reduces risks to you and to us. If you upgrade to paid Services, your fee is due immediately when you upgrade your license or when your website goes into production, whichever happens first. Invoices will be delivered to the email address associated with your account. It is your responsibility to maintain a valid and up-to-date email address on your account. If you don’t pay on time, we reserve the right to revoke your license or access to any Services. Payout terms applicable to developers are described in Section 2.4.2.

3.2.5 Refunds #

Craft CMS has a 30-day refund policy for Craft licenses and plugin licenses sold through the Plugin Store. Please email [email protected] with your order number to request a refund. Updates to paid Services are purchased on an annual basis. You may opt-in to automatic annual renewals for convenience. Additional terms and conditions apply to paid Services as set forth in your Customer Agreement.

3.3 Software Requirement #

You must have a compatible device and hardware meeting the necessary minimum specifications and internet access (the “Software Requirements”) to use the Services. The Software Requirements are listed in the relevant Documentation. Our software, platform, or applications may be upgraded from time to time to add support for new functions. Craft CMS software or applications may request certain privacy permissions from time to time such as access to your geolocation or mapping applications, device camera or microphone, or other apps and associated features on your device. You acknowledge that the terms of agreement with your respective internet service provider or mobile network provider will continue to apply while you use the Services. Data and messaging charges may apply to your use of the Services or any text messaging or photo sharing features you use via the Services. You accept responsibility for any such charges that arise. If you are not the bill payer for the internet access, mobile service, or device being used with the Services, you will be assumed to have received permission from the bill payer with respect to your use of the Services.

3.4 Beta Versions #

We may make versions of the Services available for testing and evaluation purposes prior to their release to the general public (“Beta Versions”). Beta Versions are subject in all respects to these Terms, except that we may discontinue the Services or your ability to use a Beta Version at any time, with or without notice and without further obligations to you. By participating in a Beta Version test, you consent to Craft CMS accessing all data input or collected via your use of the Services to identify bugs, discrepancies, errors, or improvements in the Services. You also understand and agree that we may contact you to learn more about your use of the Services or related activities to improve the Services. You agree to notify us of all comments or suggestions about the Services, including without limitation any problems and ideas for improvements that come to your attention during the use of the Beta Version. By permitting you to access, download, install, or use a Beta Version, we do not grant any additional right to you under any copyrights, patents, trademarks, or trade secret information. Craft CMS reserves the right to condition your access to and use of a Beta Version on your execution of a nondisclosure agreement.

3.5 Mobile Devices #

If you use the Services via a mobile device, you acknowledge that the terms of the agreement with your respective mobile network provider will continue to apply. To do so, you must have a compatible mobile telephone or other device and Internet access meeting the necessary minimum specifications to use the Services. The Services may request certain privacy permissions from time to time, such as access to your device camera, microphone, or other applications and features. Data and messaging charges may apply to your use of the Services via mobile device or any text messaging or photo sharing features you use via the Services. You accept responsibility for any such charges that arise. If you are not the bill payer for the mobile device being used to access the Services, you will be assumed to have received permission from the bill payer to use the Services.

3.6 License Restrictions #

Whether your License hereunder includes the use of Craft Cloud, Craft Solo, Craft Pro, the Craft Plugin Store, and/or the Site (singly or in combination), you are prohibited from the activities listed below with respect to the Services unless we have a separate agreement with you saying otherwise. You agree to not:

  • Copy, modify, or create derivative works based on the Craft CMS Materials.

  • Sell, provide access to, distribute, or sublicense the Craft CMS Materials to a third party except as expressly permitted by your License.

  • Commercialize the Craft CMS Materials for yourself or to provide any product or service to a third party in any manner not anticipated by these Terms.

  • Access or use the Craft CMS Materials for the purpose of developing a similar or competing product.

  • Reverse engineer, disassemble, decompile, or decode the source code of the Craft CMS Materials.

  • Use any device, software, or routine to interfere or try to interfere with the proper working of, or any activity being conducted on, the Services.

  • Bypass or breach any security device or protection used by the Services.

  • Use any automated methods to scrape or copy the Site Contents or any data through the Services.

  • Remove, obscure, or modify in any way any proprietary or other notices.

  • Steal from us or anyone else doing business through the Services.

  • Change or remove any copyright, trademark, or other IP notices from any Site Contents.

  • Use or try to use any engine, software, tool, agent or other device or mechanism to navigate or search the Services other than the search engine and search agents that we make available on this Services and other than the generally available third-party web browsers.

  • Do anything illegal using, with respect to, or related to the Services.

Third-party trademarks and service marks used in the Services are the property of their respective owners, and we use them with their consent. Craft CMS and the other licensors reserve all rights with respect to all Craft CMS Materials. If you are a Customer, the requirements of this section apply to you with respect to you and your End Users. The permissions provided by these Terms will terminate automatically if you breach any of these Terms. If you or your End Users violate our system or network security, you may face civil or criminal liability. We will investigate occurrences that may involve such violations. We may involve or cooperate with law enforcement authorities in prosecuting users who are involved in such violations.

3.7 Your Content #

Certain of the Services enable you as a Customer to develop and host content (collectively, “Your Content”), such as: (a) content and data related to websites you create via the Services; (b) layouts, templates, and other designs you create by using the Services; (c) any other data, graphics, text, or other content you provide, upload, or transmit in connection with the Services (except plugins); (d) your trademarks and logos; and (e) comments, feedback, and other content posted to the Craft Online Community.“Your Content” does not include plugins you may develop and distribute via the Plugin Store (see Section 2.4).

3.7.1 Your Content Ownership #

Your Content belongs to you. Craft CMS does not claim any ownership rights to Your Content. By posting or providing Your Content, you represent and warrant that:

  • You have permission to post/provide Your Content.

  • Your Content follows the Craft CMS Code of Conduct and does not violate these Terms.

  • Your Content does not contain any viruses, worms, malware, Trojan horses or other harmful or destructive content.

  • Your Content does not contain any Prohibited Data.

You are solely responsible for (a) Your Content; (b) the results of hosting Your Content on the Craft Cloud and making such Your Content available on the internet; (c) the accuracy, quality, and legality of Your Content (including the data contained therein) and for the means by which you acquired the data contained in the Your Content; and (d) ensuring that Your Content does not and will not violate third-party rights of any kind, including without limitation any consumer privacy rights or rights of publicity and privacy. If you share Your Content with third parties, such third parties may store, copy, or reshare such Your Content. You are solely responsible for safeguarding Your Content, and Craft CMS shall have no liability for any loss or damage of any of Your Content or for any public display or misuse of Your Content. Craft CMS does not police Your Content, but we reserve the right to block, delete, and remove any Your Content that we think violates our Acceptable Use Policy, these Terms, or other Craft CMS policy. You are solely responsible for Your Content and the consequences of posting it online. For clarity, Craft CMS is not and will not be liable to you or anyone else related to Your Content, its use, or any outcome of its access or use by anyone.

3.7.2 Your Content Restrictions #

You agree to not submit any Your Content to the services that:

  • Contains any material that is false, defamatory, libelous, obscene, harassing, threatening, discriminatory, bigoted, hateful, violent, vulgar, profane, pornographic or otherwise offensive, inappropriate, damaging, unlawful, disruptive or harmful;
  • Violates Craft CMS’s or any other person’s or entity’s legal rights, contains any material that could give rise to civil or criminal liability under applicable laws or regulations, or otherwise promote, advocate, or assist any illegal activity;
  • Creates or threatens harm to any person or loss or damage to property;
  • Includes others’ Personal Data or any other information that may be used to track, contact, or impersonate that individual;
  • Infringes any patent, trademark, trade secret, copyright, or other intellectual property or other proprietary rights of Craft CMS or any other person or violates the terms of any contract in respect of such intellectual property or proprietary rights;
  • Seeks to harm or exploit children by exposing them to inappropriate content, asking for Personal Data, or otherwise;
  • Misrepresents your identity or affiliation with any person or organization;
  • Seeks to collect others’ email addresses, usernames, or passwords by any means;
  • Seeks to transmit chain letters, bulk or junk email, or to interfere with, disrupt or create an undue burden on Craft CMS or the networks or services connected to the Services, or to install or attempt to install or promote spyware, malware or other computer code on our computers or equipment or the computers or equipment of third parties; or
  • Is otherwise objectionable as determined by Craft CMS at our sole discretion.

3.7.3 Prohibited Data #

We understand that the Services may be used to design websites for a variety of industries. You acknowledge that the Services are not designed for processing the following categories of information: (a) sensitive Personal Data, such as health information, financial information, or government identification data; (b) data that is classified and or used on the U.S. Munitions list, including software and technical data; (c) articles, services and related technical data designated as defense articles or defense services; and (d) ITAR (International Traffic in Arms Regulations) related data, (each of the foregoing, “Prohibited Data”). You promise that you will not provide Craft CMS with any Prohibited Data. If you breach this promise, you are responsible for all damages arising out of the Prohibited Data, even if caused by Craft CMS.

3.7.4 Passive Conduit #

You agree that Craft CMS is a passive conduit for your online distribution and publication of Your Content. You acknowledge and agree that Craft CMS does not and will not: (i) have any responsibility or liability for Your Content; (ii) monitor or evaluate Your Content hosted on the Craft Cloud; or (iii) have any obligation to review Your Content and does not guarantee the accuracy, integrity, or quality of any of Your Content. Notwithstanding the foregoing, Craft CMS reserves the right to review, remove, delete, or block any or all of Your Content on the Craft Cloud and remove such Your Content at our sole discretion. You acknowledge that Your Content may remain on the Craft Cloud after termination of these Terms unless you delete it from the Craft Cloud.

3.7.5 License to Your Content #

By posting Your Content to the Services, you grant Craft CMS a perpetual, worldwide, non-exclusive, transferable, sublicensable (through multiple tiers), and royalty-free, fully paid-up, right to use, copy, modify, distribute, display publicly, or process Your Content for the purpose of (i) facilitating your use of the Craft Cloud; (ii) marketing Craft CMS or the Craft Cloud; (iii) enforcing these Terms, exercising our rights, and performing our obligations hereunder; (iv) for any other purpose to which you specifically consent; or (v) for any other legally permissible purpose. You acknowledge and agree that we will not compensate you for any use of Your Content as provided herein. You may end this license for specific pieces of Your Content by deleting such pieces of Your Content from the Craft Cloud. You represent and warrant that (a) you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for Your Content that you create, submit, post, promote, or display on or through the Craft Cloud; (b) Your Content does not contain material subject to copyright, trademark, publicity rights, or other intellectual property rights, unless you have necessary permission or is otherwise legally entitled to post the material and to grant Craft CMS the license described in this section; and (c) Your Content does not violate any laws. You agree to waive any moral rights and promise not to assert such rights against us.

3.7.6 We Will Not Use Your Content For AI #

Craft CMS will never sell Your Content to a third party or use (or license a third party to use) Your Content to develop artificial intelligence technology or train large language models (“AI”). You acknowledge that data posted to the internet is sometimes collected by third parties, with or without permission, through web scraping, data scraping, or other automated technologies. If you use the Services to post Your Content online, you understand that doing so runs the risk that third parties may scrape data from Your Content and use it to train or develop AI and you agree that Craft CMS cannot and will not be liable to you or any other party related to such activities. If you wish to prevent scraping of Your Content, you are advised to take the necessary precautions to safeguard Your Content, such as posting legally enforceable terms and conditions related to Your Content prohibiting data scraping or use of Your Content related to AI without your permission.

3.7.7 Promotion #

If your website is publicly identifiable as using Craft, we may use Your Content to showcase what is possible with our Services. This may be a tweet, blog post, or other use. We will never disclose any personal information, code, or customer information if we showcase Your Content. We determine whether a website is publicly identifiable in the following ways:

  • You have publicly said something about it (blog post, social post, etc.).
  • Third-party tools like BuiltWith, Wappalyzer, or Whatruns identify your website as Craft using the information Craft sends in the HTML “Powered by Header.” This is a common HTML code-level methodology to identify software. This is enabled by default in Craft CMS.
  • If you disable the “powered by” header, we assume you do not want it known that the site is on the Services, and we won’t promote it. You can disable it in your General Config file.
  • We do not use Craftnet license information when deciding which websites to promote.

You can request that we remove any promotional use of your User Content by emailing us at [email protected].

3.8 Our Trademarks #

Pixel & Tonic™, Craft®, Craft CMS®, and other trademarks and logos that we use with the Services are trademarks of Craft CMS (“Trademarks”). You may not use any of these Trademarks without our express written permission. Our registered and unregistered Trademarks, as well as trade dress, including names, logos, taglines, trade dress, and other Trademarks, may not be copied, imitated, or used, whether in whole, partial or modified form, without the prior written permission of Craft CMS. You may not use any meta tags or any other hidden text utilizing a Craft CMS name, Trademark, or product name without our prior written permission. Third-party trademarks and service marks used on the Services are the property of their respective owners, and we use them with their consent. Craft CMS and the other licensors of the marks on the Services reserve all rights with respect to all Services, including Free Software, Paid Software, Site Contents, and other intellectual property.

3.9 Feedback #

While using the Services, you or your End Users may choose to send us certain communications, suggestions, comments, improvements, ideas, or other feedback related to the Services (collectively, “Feedback”). You hereby grant Craft CMS all rights, titles, and interests in and to any Feedback submitted by you or your End Users. In the event this grant is not sufficient for us to fully realize and use the Feedback, you grant us a royalty-free, worldwide, transferable, sub-licensable, irrevocable, perpetual license to use and incorporate into the Services any of the Feedback. By providing Feedback, you are representing (on behalf of yourself and, if applicable, your End Users) that the Feedback is not subject to any intellectual property claim by a third party or any license terms that would require products or services derived from that Feedback to be licensed to or from, or shared with any third party.

3.10 Confidentiality #

By accessing and using the Services, you may encounter confidential information owned by Craft CMS, like information relating to our technology, trade secrets, know-how, business operations, plans, strategies, customers, and pricing, and personal data (“Confidential Information”), in each case whether or not marked, designated or otherwise identified as “confidential.” You promise that you will: (a) not access or use Confidential Information other than as necessary to use the Services; (b) not disclose or permit access to Confidential Information to any third party; and (c) protect the Confidential Information using at least the degree of care you use to protect your own confidential information (and not less than a reasonable degree of protection).

3.11 Monitoring #

You acknowledge that Craft CMS has the right, but not the obligation, at any time and without prior notice, to monitor access to or use of Craft Console, Craft Plugin Store, and Craft Cloud by any user if Craft CMS believes in good faith that it is reasonably necessary: (i) to comply with any law or regulation or satisfy any legal process or governmental request; (ii) to respond to claims asserted against Craft CMS; (iii) to enforce and to ensure a user’s compliance with these Terms, including the investigation of potential violations; (iv) to conduct risk assessments or prevent, detect or investigate incidents of fraud, security or technical issues; (v) to protect the rights, property or safety of Craft CMS, its other users or members of the public; or (vi) for the purpose of operating and improving the Products and Services.

3.12 No Development Restrictions #

You understand and acknowledge that Craft CMS may be independently creating applications, content, and other products or services that may be similar to or competitive with Your Content. Nothing in these Terms will be construed as restricting or preventing Craft CMS from creating and fully exploiting any applications, content, and other products or services, without any obligation to you. This paragraph will survive the termination or expiration of these Terms.

3.13 Third-Party Services #

Some of the Services may be available through or integrated with third-party software, products, applications, platforms, or services developed by a third party or by you (“Third-Party Services”). If you use any Third-Party Services with the Services, you understand that: (a) Craft CMS does not vet, endorse, or control any Third-Party Services; (b) any use of a Third-Party Service is at your own risk, and we will not be responsible or liable to anyone for Third-Party Services; (c) we do not warrant the compatibility or continuing compatibility of the Third-Party Software with our Services; (d) your use of a Third-Party Service is solely between you and the third party offering the Third-Party Service; and (e) your use of a Third-Party Service is governed by the third party’s terms and policies, not ours. Third-Party Services may not work appropriately with your website, and Craft CMS may not be able to provide support for issues caused by any Third-Party Services. In rare cases, we may, at our discretion, suspend, disable, or remove Third-Party Services from use with our Services. Some Third-Party Services may request or require access to your data or data about your customers, clients, or end users. If you grant access to data, the data will be handled in accordance with the third party’s privacy policy and practices, not ours. Craft CMS does not have control over how a Third-Party Service may process or treat any data it accesses. You should carefully review the privacy practices of each Third-Party Service before granting it access to data.

3.14 Term and Termination #

The term of these Terms of Service begins on the first date you access the Services and remain in full force and effect as long as you use the Services in any manner. You may stop using the Services at any time. To terminate these Terms, you must cancel all subscriptions and discontinue all use of the Services. Any cancellation of the Services or termination of these Terms is effective when you discontinue all use of the Services. Termination of these Terms of Service will automatically terminate your subscription(s), but termination of your subscription(s) alone does not terminate these Terms of Service. On termination, you lose the right to access or use all Services. Craft CMS may disable or suspend access, remove, or change the Services at any time for any reason, without liability to you or anyone else. We also reserve the right to block users from accessing or posting content to the Services by using any technology available, such as blacklisting certain IP addresses or device numbers. The terms and conditions of Sections 1.3, 1.4, 3.1, 3.7.4, 3.7.5, 3.8 through 3.13, 3.15 through 3.18, and 3.20, all obligations for you to pay, and all other provisions which by their nature should survive shall survive termination.

LEGALESE AHEAD

These terms ensure that we can provide our Services on a cost-effective basis while protecting us from claims and risks that we don’t anticipate (and didn’t price into our Services). We are also required by law to “differentiate” some of the following legalese from normal text, which is why it is in bold.

3.15 Disclaimer of Warranties #

Except for any express warranties provided in these Terms or a separate written agreement between you and Craft CMS, the services are provided “as is,” “as available,” and without warranties of any kind. You use the Services at your own sole risk. To the fullest extent permitted by law, we disclaim all warranties of any kind, whether express, implied, or statutory, including, but not limited to, implied warranties of title, quality, performance, merchantability, suitability, fitness for a particular purpose, accuracy, and non-infringement. We do not warrant that the Services will provide continuous, prompt, secure, or error-free service. No oral or written information, representation, or advice given by Craft CMS shall create a warranty without a signed contract or document by Craft CMS expressly creating such warranty.

3.16 Indemnity #

You agree to indemnify and hold Craft CMS, our subsidiaries, our affiliates, and their respective members, directors, shareholders, officers, agents, partners, and employees harmless from any loss, liability, cost, expense, claim, damages, or demand, including without limitation reasonable attorneys’ fees, due or relating to or arising out of (a) your use of the Services in violation of these terms, (b) Your Content or plugins, or (c) any breach of your representations and warranties set forth in these Terms or any breach of these Terms by you.

3.17 Limited Liability #

To the maximum extent permitted by applicable law, in no event shall Craft CMS (including its officers, directors, employees, agents, services providers and licensors) be liable to you for any indirect, extraordinary, exemplary, punitive, special, incidental, or consequential damages or for any loss of data, revenue, profits, use or other economic advantage, however arising, even if Craft CMS knows there is a possibility of such damage. Without limiting the foregoing, in no event shall Craft CMS be liable to you for any amounts that, together with amounts associated with all other claims, exceed the aggregate of the fees paid by you to Craft CMS for services received pursuant to these Terms only (and not pursuant to your agreement) during the twelve (12) months prior to the act that gave rise to the liability, or if no fees were paid during such twelve (12) month period, five hundred US Dollars ($500), in each case, whether or not Craft CMS has been advised of the possibility of such damages. You also acknowledge that Craft CMS will have no liability to any third parties, including site owners, for any claim related to the Services. The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between Craft CMS and you.

3.18 Dispute Resolution #

Please read the following section carefully because it contains a class action waiver, requires you to arbitrate certain disputes and claims, and limits the manner in which you can seek relief from us. You agree that any dispute, controversy, or claim between you and Craft CMS arising out of or relating to: (i) these Terms, or the breach thereof; (ii) our provision of the Services; (iii) your access to or use of the Services; or (iv) any alleged violation of any federal, state, or local law, statute, or ordinance (each such dispute, controversy or claim, a “Dispute”) will be governed by the arbitration procedure outlined below.

3.18.1 Informal Dispute #

Resolution. We want to address your concerns without the necessity of a formal legal case. Before filing a claim against Craft CMS, you agree to try to resolve the Dispute informally by contacting Craft CMS through our Help Center. Craft CMS will contact you by email as part of a good faith effort to resolve the Dispute informally. If a Dispute is not resolved within 30 days after submission, you or Craft CMS may bring a formal proceeding.

3.18.2 Arbitration Agreement #

You and Craft CMS each agree to resolve any Disputes through final and binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes. The arbitration will be held in Portland, Oregon, United States, or any other location we agree to. Any in-person appearances will be held at a location within the State of Oregon, in Deschutes or Multnomah County, Oregon. You are responsible to pay any AAA filing, administrative and arbitrator fees if your claim exceeds $5,000. If your claim for damages does not exceed $5,000, Craft CMS will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief you seek is frivolous or brought for an improper purpose. The arbitrator’s decision will follow the terms of these Terms (including the Limitation of Liability provision) and will be final and binding. The arbitrator will have the authority to award temporary, interim, or permanent injunctive relief, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction.

3.18.3 Small Claims. #

Notwithstanding Section 22(b), either you or Craft CMS may assert claims, if they qualify, in small claims court in Deschutes or Multnomah County, Oregon or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of our Services, or infringement of intellectual property rights (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute resolution process described above.

3.18.4 Class Action Waiver. #

You may only resolve Disputes with Craft CMS on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed under these Terms.

3.18.5 Governing Law #

Except as otherwise required by applicable law, the Terms and the resolution of any Disputes shall be governed by and construed in accordance with the laws of the State of Oregon, the Federal Arbitration Act, and applicable U.S. federal law, as applicable, in each case without regard to its conflict of laws principles. Foreign laws do not apply. The United Nations on Contracts for the International Sale of Goods and any laws based on the Uniform Computer Information Transactions Act (UCITA) do not apply. Except as otherwise required by applicable law, if the agreement to arbitrate is found not to apply to you or your claim, you and Craft CMS agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts in Deschutes County, Oregon, and you and Craft CMS each agree to waive the right to a jury trial. 3.18.6 Limitation on Claims. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Services must be filed within one (1) year after such claim or cause of action arose, or else that claim, or cause of action will be barred forever.

3.19 Copyright Infringement / DMCA Notice #

Craft CMS takes claims of copyright infringement seriously. It is our policy, in appropriate circumstances and at our discretion, to respond to notices of alleged copyright infringement in accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”). Upon receipt of a DMCA compliant notice, we will expeditiously remove or disable access to the content that is the subject of the notice. If you are a copyright owner or an authorized agent thereof, and you wish to file a notice of infringement with us, then you may contact us at [email protected]. Please include the following information with your complaint (you should speak with your legal counsel or See 17 U.S.C. § 512(c)(3) to confirm these requirements):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Services are covered by a single notification, a representative list of such works on the Services.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
  • Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted.
  • 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.
  • 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. If you fail to comply with all of the requirements of this section, your DMCA notice may not be valid. If material is believed in good faith by Craft CMS to infringe a copyright or otherwise violate any intellectual property rights, Craft CMS will remove or disable access to the material. Before submitting a notice of claimed copyright infringement, please note that doing so can have serious legal consequences. Be sure to consider whether the “fair use” doctrine or another similar limitation of copyright rights applies in your circumstances. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. If you are unsure whether the material available online infringes your copyright, we suggest that you contact an attorney before sending us notice.

3.20 Miscellaneous #

3.20.1 Electronic Records and Communications #

By accessing our Services, registering with us, or typing your name into any of our electronic forms and indicating your acceptance or submission of information by clicking a box, you affirmatively consent to: (a) Craft CMS communicating with you electronically; (b) receiving all applications, notices, disclosures, and authorizations (collectively, “Records”) from us electronically; and (c) entering into agreements and transactions with us using electronic Records and signatures. Federal law treats electronic signatures as having the same legal force and effect as if signed on paper by hand, and online contracts have the same legal force as signing an equivalent paper contract in ink. You agree to be responsible for keeping your own Records. Please contact us at [email protected] if you wish to receive Records in paper format or to withdraw your consent to receiving electronic Records. Agreements and transactions executed prior to this request will remain valid and enforceable. 3.20.2 Geographic Restrictions. Craft CMS is owned and operated in the United States. We make no claims that the Services or any other products or services or their content is accessible or appropriate outside of the United States. Access to our Services may not be legal by certain persons or in certain jurisdictions. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

3.20.3 Relationship of Parties #

The parties’ relationship, as established by these Terms, is solely that of independent contractors. These Terms do not create any partnership, joint venture, or similar business relationship between the parties. Neither party is a legal representative of the other party, and neither party can direct and control the day-to-day activities of the other, or assume or create any obligation, representation, warranty, or guarantee, express or implied, on behalf of the other party for any purpose whatsoever.

3.20.4 Export Controls. #

You agree that you will comply with all applicable import, re-import, export, and re-export control laws and regulations, including the Export Administration Regulations, the International Traffic in Arms Regulations, and country-specific economic sanctions programs implemented by the Office of Foreign Assets Control.

3.20.5 No Representation of Legal Compliance. #

Craft CMS makes no representations that the Craft Cloud or your use thereof complies with the legal or regulatory requirements applicable to you. Use of the Craft Cloud from jurisdictions where such access is illegal is prohibited. You acknowledge and agree that you are solely responsible for notifying Craft CMS if your use of the Craft Cloud or any component thereof or any provision of these Terms violates any law, regulation, or rule of your locality, and Craft CMS may, but is not obligated to, take any action it deems appropriate in response to such notice. Nothing in these Terms shall affect an individual’s statutory consumer rights, as applicable.

3.20.6 Assignment #

You may not assign, delegate, or transfer these Terms, by operation of law or otherwise, without our prior written consent, but Craft CMS may freely assign or transfer these Terms without restriction. Any attempt by you to assign or transfer these Terms without such consent will be null. Notwithstanding the foregoing, either Party may, without consent, assign these Terms to any successor to all or substantially all its business that concerns these Terms (whether by sale of assets or equity, merger, consolidation or otherwise). Subject to the foregoing, these Terms will bind and inure to the benefit of the Parties, their successors, and permitted assigns.

3.20.7 Entire Agreement #

Except as otherwise stated herein, these Terms and the agreements incorporated by reference herein constitute the entire and exclusive understanding and agreement between Craft CMS and you regarding the Services and supersede and replace any and all prior oral or written understandings or agreements between Craft CMS and you regarding the Services. These Terms create no third-party beneficiary rights.

3.20.8 Enforcement #

Craft CMS reserves the right (but is not required) to remove or disable your access to our Services, disable any username, password, or other identifier, whether chosen by you or provided by us, or remove any Content, or your User Content at any time and without notice, and at our sole discretion, if we determine that your use of our Services is in any way objectionable or in violation of these Terms. Certain violations of these Terms, as determined by Craft CMS, may result in immediate termination of your access to the Services without prior notice to you. We have the right to investigate violations of these Terms and any conduct that affects our Services, and in response, may take any action we may deem appropriate.

3.20.9 Waiver; Severability #

Craft CMS’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. Except as expressly set forth herein, the exercise by either Party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect. 3.20.10 Notices. Any notices or other communications provided by us under these Terms, including those regarding modifications to these Terms, will be given via email to your email address on your account or by posting to the Services. Notices from you to Craft CMS will be given via email to [email protected] or to the mailing address posted on the Site. For notices made by email, the date of receipt on the message will be deemed the date on which such notice is transmitted.

3.20.11 Advice of Counsel #

Craft CMS strongly encourages you to seek the advice of counsel prior to executing any agreement related to these Terms and your use of the Services or related to any legal transaction. You hereby represent that you have read and fully understand these Terms, and you warrant that you will read and confirm full understanding of the terms and provisions of any agreement related to a transaction via the Services in which you participate. You acknowledge and confirm that you have the opportunity to review with legal counsel these Terms and all agreements related to a transaction via the Services, and that you will only execute such agreements based on your own judgment and advice of independent legal counsel (if sought).

3.21 Terms Updates #

We are constantly improving our Services, so we need to stay nimble. We may occasionally update these Terms, the Services, or other products or services we offer. We will let you know if anything changes by posting the updated Terms on our Site or other Services, or by contacting you directly. If you use the Services in any manner after the effective date of any change to these Terms, that means you agree to all of the changes.