Before/after stance changes across captured policy versions, with exact citations. If no before/after delta is available yet, AIRIN shows the latest citation-backed stance events instead.
No before/after stance delta is available for this filter yet. Latest citation-backed stance events are shown below.
Jul 20, 2026commercial usemedium
commercial use
Latest stance: restricted
“2. Kustomer Content. The Websites contain HTML, applications, messages, text, files, images, photos, video, sounds, profiles, works of authorship and other content (collectively, “Content”) of Kustomer or its licensors (“Kustomer Content”). The Websites (including the Kustomer Content) are protected by copyright, trademark, trade secret and other laws; and as between you and Kustomer, Kustomer owns and retains all rights in the Websites and the Kustomer Content. Kustomer hereby grants to you a limited, revocable, non-sublicensable license to access, display and perform the Kustomer Content (excluding any computer code) solely for your personal, non-commercial use and solely as necessary to access and use the Websites. Except as expressly permitted by Kustomer in these Terms or on the Websites, you may not copy, download, stream, capture, reproduce, duplicate, archive, upload, modify, translate, create derivative works based upon, publish, broadcast, transmit, retransmit, distribute, perform, display, sell or otherwise use or transfer any Kustomer Content. You may not, either directly or through the use of any device, software, online resource or other means, remove, alter, bypass, avoid, interfere with or circumvent any copyright, trademark or other proprietary notice on the Kustomer Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Kustomer Content.”
Open citationJul 20, 2026subprocessors / sharingmedium
data sharing
Latest stance: third party or vendor sharing
“4. Third-Party Services. The Websites may make available, or third parties may provide, links to other websites, applications, resources, advertisements, Content or other products or services created, hosted or made available by third parties (“Third-Party Services”), and such third parties may use other third parties to provide portions of the Third-Party Service to you, such as technology, development or payment services. When you access or use a Third-Party Service, you are interacting with the applicable third party, not with Kustomer, and you do so at your own risk. Kustomer is not responsible for, and makes no warranties, express or implied, as to, the Third-Party Services or the providers of such Third-Party Services (including without limitation the accuracy or completeness of the information provided by such Third-Party Service or the privacy practices of any third party). Inclusion of any Third-Party Service or a link thereto on the Websites does not imply approval or endorsement of such Third-Party Service. Kustomer is not responsible or liable for the Content or practices of any Third-Party Service or third party, even if such Third-Party Service links to, or is linked by, the Websites.”
Open citationJul 20, 2026commercial usehigh
content license
Latest stance: sublicensable or transferable
“2. Kustomer Content. The Websites contain HTML, applications, messages, text, files, images, photos, video, sounds, profiles, works of authorship and other content (collectively, “Content”) of Kustomer or its licensors (“Kustomer Content”). The Websites (including the Kustomer Content) are protected by copyright, trademark, trade secret and other laws; and as between you and Kustomer, Kustomer owns and retains all rights in the Websites and the Kustomer Content. Kustomer hereby grants to you a limited, revocable, non-sublicensable license to access, display and perform the Kustomer Content (excluding any computer code) solely for your personal, non-commercial use and solely as necessary to access and use the Websites. Except as expressly permitted by Kustomer in these Terms or on the Websites, you may not copy, download, stream, capture, reproduce, duplicate, archive, upload, modify, translate, create derivative works based upon, publish, broadcast, transmit, retransmit, distribute, perform, display, sell or otherwise use or transfer any Kustomer Content. You may not, either directly or through the use of any device, software, online resource or other means, remove, alter, bypass, avoid, interfere with or circumvent any copyright, trademark or other proprietary notice on the Kustomer Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Kustomer Content.”
Open citationJul 20, 2026privacyhigh
content license
Latest stance: sublicensable or transferable
“6. Your Content. By posting, displaying, publishing or making available for download or use any Content on the Websites (other than personal information that is subject to the Privacy Policy), you hereby grant Kustomer a perpetual, worldwide, nonexclusive, irrevocable, royalty-free, sublicensable (through multiple tiers) license to perform, display, reproduce, prepare derivative works from, distribute, sell, sublicense, transfer and otherwise use without restriction all or any part of such Content.”
Open citationJul 20, 2026privacymedium
content license
Latest stance: broad license
“6. Your Content. By posting, displaying, publishing or making available for download or use any Content on the Websites (other than personal information that is subject to the Privacy Policy), you hereby grant Kustomer a perpetual, worldwide, nonexclusive, irrevocable, royalty-free, sublicensable (through multiple tiers) license to perform, display, reproduce, prepare derivative works from, distribute, sell, sublicense, transfer and otherwise use without restriction all or any part of such Content.”
Open citationJul 20, 2026moderationhigh
content license
Latest stance: sublicensable or transferable
“22. Miscellaneous. These Terms constitute the complete and exclusive statement of the agreement between the Parties and supersede all proposals, oral or written, and all other communications between the Parties relating to the subject matter of these Terms. In the event any information posted on the Websites from time to time conflicts with any provision of these Terms, the applicable provision of these Terms shall control. Any terms and conditions of any other instrument issued by you in connection with these Terms which are in addition to, inconsistent with or different from these Terms shall be of no force or effect. These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Kustomer. You may not assign, transfer or sublicense all or any of your rights or obligations under these Terms without Kustomer’s express prior written consent. Kustomer may assign, transfer or sublicense all or any of Kustomer’s rights or obligations under these Terms without restriction. The failure of Kustomer to exercise or enforce any condition, term or provision of these Terms will not operate as a waiver of such condition, term or provision. Any waiver by Kustomer of any condition, term or provision of these Terms shall not be construed as a waiver of any other condition, term or provision. If any provision of these Terms is held invalid or unenforceable, the remainder of these Terms shall continue in full force and effect. You agree that a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other”
Open citationJul 8, 2026tier differencesmedium
tier condition
Latest stance: rights or controls vary by tier
“(a) Provision of the Services . During the Subscription Term, and subject to the terms and conditions of this Agreement, Kustomer shall provide Client with access to the Services and, if applicable, Professional Services, as described in each applicable Order. Each Order shall set forth, as applicable: (i) the Subscription Term; (ii) the applicable Subscription Plan (iii) the number of Paid Users permitted to access the Services; (iv) any Ancillary Services to which the Client has access; (v) any Professional Services, (vi) the associated Fees (defined below); and (vii) any additional information, terms and conditions. Client’s use of the Services shall be in accordance with any limitations set forth in this Agreement and all applicable Orders.”
Open citationJul 8, 2026commercial usehigh
content license
Latest stance: sublicensable or transferable
“Client shall not do, attempt to do, nor permit any person or entity to do, any of the following: (i) create or recreate the source code for any underlying software and technology relating to the Services, or re-engineer, reverse engineer, decompile or disassemble any such underlying software and technology; (ii) access or use the Services to compete against Kustomer, (iii) access or use the Services for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes, including, without limitation, for the purpose of designing and/or developing any competitive services, (iv) copy, modify, adapt, translate or create derivative works based upon any such underlying software and technology; (v) remove, erase or tamper with any copyright or other proprietary notice printed or stamped on, affixed to, or encoded or recorded in the Services or any Documentation; (vi) sublicense, sell, lease, rent, timeshare or otherwise transfer, or pledge as security, the Services or its access thereto; (vii) interfere with or disrupt the integrity, security or performance of the Services or any third-party data contained therein; (viii) attempt to bypass, exploit, defeat or disable limitations or restrictions placed on the Services by Kustomer; or (ix) use the Service in a manner that violates any applicable laws, regulations, or third party rights, or (x) use the Services in any manner that would violate the Acceptable Use Policy (“ AUP ”) available at https://www.kustomer.com/policy/acceptable-use/ , as updated from time to time.”
Open citationJul 8, 2026confidentialitymedium
data sharing
Latest stance: third party or vendor sharing
“To the extent a party (“ Discloser ”) discloses to the other party (“ Recipient ”) information in connection with this Agreement, whether disclosed prior to, on, or after the Effective Date, and which is either marked as confidential (or words of similar import) or is of a nature or disclosed in such a manner as would put a reasonable person on notice as to the confidential or proprietary nature of the information (collectively “ Confidential Information ”), the Recipient will protect such Confidential Information from unauthorized use, access or disclosure in the same manner as Recipient protects its own Confidential Information, but with no less than reasonable care. Except as otherwise expressly permitted pursuant to this Agreement, the Recipient may use the Discloser’s Confidential Information solely to exercise its respective rights and perform its respective obligations under this Agreement and shall disclose such Confidential Information (a) solely to Recipient’s employees and/or non-employee service providers and contractors who have a need to know such Confidential Information and who are bound by terms of confidentiality intended to prevent the misuse of such Confidential Information; or (b) as reasonably necessary to comply with any applicable law or regulation. The provisions of this Section 7 shall control over any non-disclosure agreement by and between the parties entered into prior to the Effective Date and any such non-disclosure agreement shall have no further force or effect with respect to the exchange of Confidential Information after the execution of this Agreement.”
Open citationJul 8, 2026subprocessors / sharingmedium
data sharing
Latest stance: third party or vendor sharing
“The foregoing shall not apply to information that: (i) is publicly known at the time of disclosure or subsequently becomes publicly known other than through a breach of this Section 7; (ii) is lawfully received by Recipient from a third party not subject to confidentiality terms with the Discloser with respect to such information; (iii) was independently developed by the Recipient without reference to the Discloser’s Confidential Information, as established by the written records of the Recipient, or (iv) is required to be disclosed under a legal requirement, provided that, in the case of subsection (iv), the Recipient shall: (A) give the Discloser reasonable written notice prior to disclosure pursuant to such requirement (unless prohibited by such requirement); (B) use diligent efforts to limit disclosure and to obtain confidential treatment or a protective order and allow the Discloser to participate in the proceeding; and (C) comply with any applicable protective order or equivalent. Client acknowledges and agrees that the pricing terms in any Order, as well as any Documentation Kustomer provides for, or in connection with, the Services (in whatever form), as well as the Services itself, shall be deemed Kustomer’s Confidential Information. For the avoidance of doubt, information regarding pricing provided or offered to Client by Provider shall be considered Confidential Information.”
Open citationJul 8, 2026indemnity / liabilitymedium
legal burden
Latest stance: liability limited
“(d) Beta Services . From time to time, to the extent applicable, Kustomer may make services that are not generally available to Kustomer’s clients available to Client to try at its option at no additional charge which is labeled “beta,” “pre-release,” “evaluation," “early release” or words of similar import (collectively, “ Beta Services ”). By using the Beta Services on such evaluation basis, Client accepts the Beta Services on an “as is” basis and acknowledges that Kustomer provides no express or implied warranties, indemnities or commitments, and will have no liability for any harm or damage arising out of or in connection with such use, notwithstanding anything to the contrary in this Agreement. Beta Services may also be subject to supplemental terms that will be presented to Client. Kustomer may discontinue Beta Services at any time in Kustomer’s sole discretion and may never make them generally available. If such Beta Services are made generally available, Client acknowledges that Kustomer may impose fees for the use of such Feature and/or such Feature may only be available with specific Subscription Plans.”
Open citationJul 8, 2026indemnity / liabilitymedium
legal burden
Latest stance: liability limited
“(b) General Disclaimer . EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, ALL WARRANTIES, REPRESENTATIONS, AND GUARANTEES WITH RESPECT TO THE SERVICES, PROFESSIONAL SERVICES, SUPPORT SERVICES OR OTHERWISE, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, OR OTHERWISE (INCLUDING ANY WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT) ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. WITHOUT LIMITING THE OTHER PROVISIONS OF THIS AGREEMENT, KUSTOMER MAKES NO REPRESENTATION OR WARRANTY, AND HAS NO SUPPORT OBLIGATIONS OR LIABILITY, WITH RESPECT TO ANY THIRD-PARTY SERVICES, AND CLIENT ACKNOWLEDGES THAT, SUBJECT TO ANY SERVICE LEVEL AGREEMENT BETWEEN THE PARTIES, KUSTOMER DOES NOT WARRANT THAT THE SERVICES (i) WILL MEET CLIENT’S OR ANY OTHER PERSON’S REQUIREMENTS; (ii) OPERATE WITHOUT INTERRUPTION; (iii) ACHIEVE ANY INTENDED RESULT; (iv) BE ERROR FREE; OR (v) BE COMPATIBLE, WORK WITH OR CONTINUE TO WORK WITH ANY THIRD-PARTY SERVICES. NO INFORMATION OR ADVICE OBTAINED BY CLIENT FROM PROVIDER OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.”
Open citationJul 8, 2026indemnity / liabilitymedium
legal burden
Latest stance: liability limited
“10. Limitation of Liability.”
Open citationJul 8, 2026indemnity / liabilitymedium
legal burden
Latest stance: liability limited
“TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION 10: (a) UNDER NO CIRCUMSTANCES WILL EITHER PARTY, ITS SUPPLIERS OR AFFILIATED PERSONS OR ENTITIES BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR INCIDENTAL DAMAGES, OR LOST PROFITS, WHETHER FORESEEABLE OR UNFORESEEABLE (INCLUDING CLAIMS FOR LOSS OF DATA, USE OF OR INABILITY TO USE THE SERVICES, INTERRUPTION IN USE OR AVAILABILITY OF DATA OR THE SPECIFIC RESULTS OBTAINED THROUGH THE USE OF THE SERVICES) ARISING OUT OF BREACH OR FAILURE OF EXPRESS OR IMPLIED WARRANTY OR REMEDY, BREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY IN TORT, OR OTHERWISE; AND (b) IN NO EVENT WILL THE AGGREGATE LIABILITY WHICH CLIENT (INCLUDING CLIENT’S AUTHORIZED USERS), KUSTOMER, KUSTOMER’S SUPPLIERS AND AFFILIATED PERSONS MAY INCUR IN ANY ACTION OR PROCEEDING ARISING HEREUNDER EXCEED THE FEES THAT CLIENT HAS PAID TO KUSTOMER UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM.”
Open citationJul 8, 2026tier differencesmedium
tier condition
Latest stance: rights or controls vary by tier
“(l) “ Order ” means an ordering document specifying the details regarding Client’s subscription to use the Services under this Agreement and Professional Services (if applicable), including the Fees associated with Client’s use of the Services. Client may also enable Ancillary Services or add Paid Users through Client’s routine use of the Services, the purchase of which shall be deemed a separate Order, subject to the terms and conditions of this Agreement.”
Open citationJul 8, 2026tier differencesmedium
tier condition
Latest stance: rights or controls vary by tier
“(m) “ Paid User ” means, collectively, Full Users and Seasonal Users.”
Open citationJul 8, 2026tier differencesmedium
tier condition
Latest stance: rights or controls vary by tier
“(u) “ Subscription Services ” means any Subscription Plan and any Ancillary Service sold on a per Paid User basis. Unless otherwise specified in the Order, all Subscription Services are sold on a 1:1 basis with the quantity of Paid Users and shall remain 1:1 throughout the length of the Subscription Term.”
Open citationJun 17, 2026commercial usemedium
commercial use
Latest stance: restricted
“2. Kustomer Content. The Websites contain HTML, applications, messages, text, files, images, photos, video, sounds, profiles, works of authorship and other content (collectively, “Content”) of Kustomer or its licensors (“Kustomer Content”). The Websites (including the Kustomer Content) are protected by copyright, trademark, trade secret and other laws; and as between you and Kustomer, Kustomer owns and retains all rights in the Websites and the Kustomer Content. Kustomer hereby grants to you a limited, revocable, non-sublicensable license to access, display and perform the Kustomer Content (excluding any computer code) solely for your personal, non-commercial use and solely as necessary to access and use the Websites. Except as expressly permitted by Kustomer in these Terms or on the Websites, you may not copy, download, stream, capture, reproduce, duplicate, archive, upload, modify, translate, create derivative works based upon, publish, broadcast, transmit, retransmit, distribute, perform, display, sell or otherwise use or transfer any Kustomer Content. You may not, either directly or through the use of any device, software, online resource or other means, remove, alter, bypass, avoid, interfere with or circumvent any copyright, trademark or other proprietary notice on the Kustomer Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Kustomer Content.”
Open citationJun 17, 2026subprocessors / sharingmedium
data sharing
Latest stance: third party or vendor sharing
“4. Third-Party Services. The Websites may make available, or third parties may provide, links to other websites, applications, resources, advertisements, Content or other products or services created, hosted or made available by third parties (“Third-Party Services”), and such third parties may use other third parties to provide portions of the Third-Party Service to you, such as technology, development or payment services. When you access or use a Third-Party Service, you are interacting with the applicable third party, not with Kustomer, and you do so at your own risk. Kustomer is not responsible for, and makes no warranties, express or implied, as to, the Third-Party Services or the providers of such Third-Party Services (including without limitation the accuracy or completeness of the information provided by such Third-Party Service or the privacy practices of any third party). Inclusion of any Third-Party Service or a link thereto on the Websites does not imply approval or endorsement of such Third-Party Service. Kustomer is not responsible or liable for the Content or practices of any Third-Party Service or third party, even if such Third-Party Service links to, or is linked by, the Websites.”
Open citationJun 17, 2026privacyhigh
content license
Latest stance: sublicensable or transferable
“6. Your Content. By posting, displaying, publishing or making available for download or use any Content on the Websites (other than personal information that is subject to the Privacy Policy), you hereby grant Kustomer a perpetual, worldwide, nonexclusive, irrevocable, royalty-free, sublicensable (through multiple tiers) license to perform, display, reproduce, prepare derivative works from, distribute, sell, sublicense, transfer and otherwise use without restriction all or any part of such Content.”
Open citationJun 17, 2026privacymedium
content license
Latest stance: broad license
“6. Your Content. By posting, displaying, publishing or making available for download or use any Content on the Websites (other than personal information that is subject to the Privacy Policy), you hereby grant Kustomer a perpetual, worldwide, nonexclusive, irrevocable, royalty-free, sublicensable (through multiple tiers) license to perform, display, reproduce, prepare derivative works from, distribute, sell, sublicense, transfer and otherwise use without restriction all or any part of such Content.”
Open citationJun 17, 2026moderationhigh
content license
Latest stance: sublicensable or transferable
“22. Miscellaneous. These Terms constitute the complete and exclusive statement of the agreement between the Parties and supersede all proposals, oral or written, and all other communications between the Parties relating to the subject matter of these Terms. In the event any information posted on the Websites from time to time conflicts with any provision of these Terms, the applicable provision of these Terms shall control. Any terms and conditions of any other instrument issued by you in connection with these Terms which are in addition to, inconsistent with or different from these Terms shall be of no force or effect. These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Kustomer. You may not assign, transfer or sublicense all or any of your rights or obligations under these Terms without Kustomer’s express prior written consent. Kustomer may assign, transfer or sublicense all or any of Kustomer’s rights or obligations under these Terms without restriction. The failure of Kustomer to exercise or enforce any condition, term or provision of these Terms will not operate as a waiver of such condition, term or provision. Any waiver by Kustomer of any condition, term or provision of these Terms shall not be construed as a waiver of any other condition, term or provision. If any provision of these Terms is held invalid or unenforceable, the remainder of these Terms shall continue in full force and effect. You agree that a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other”
Open citationJun 17, 2026commercial usehigh
content license
Latest stance: sublicensable or transferable
“2. Kustomer Content. The Websites contain HTML, applications, messages, text, files, images, photos, video, sounds, profiles, works of authorship and other content (collectively, “Content”) of Kustomer or its licensors (“Kustomer Content”). The Websites (including the Kustomer Content) are protected by copyright, trademark, trade secret and other laws; and as between you and Kustomer, Kustomer owns and retains all rights in the Websites and the Kustomer Content. Kustomer hereby grants to you a limited, revocable, non-sublicensable license to access, display and perform the Kustomer Content (excluding any computer code) solely for your personal, non-commercial use and solely as necessary to access and use the Websites. Except as expressly permitted by Kustomer in these Terms or on the Websites, you may not copy, download, stream, capture, reproduce, duplicate, archive, upload, modify, translate, create derivative works based upon, publish, broadcast, transmit, retransmit, distribute, perform, display, sell or otherwise use or transfer any Kustomer Content. You may not, either directly or through the use of any device, software, online resource or other means, remove, alter, bypass, avoid, interfere with or circumvent any copyright, trademark or other proprietary notice on the Kustomer Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Kustomer Content.”
Open citationJun 17, 2026indemnity / liabilitymedium
legal burden
Latest stance: liability limited
“(a) Provider warrants that (i) the Platform will perform materially in accordance with the specifications set forth in the Documentation and in accordance with these Terms; and (ii) Provider will provide the Professional Services in a professional and workmanlike manner and in accordance with the statement of work applicable to such Professional Services. For any breach of a warranty in this section, Client’s exclusive remedies are those described in Section 4(c) herein.”
Open citationJun 17, 2026indemnity / liabilitymedium
legal burden
Latest stance: liability limited
“9. Limitation of Liability.”
Open citationJun 17, 2026indemnity / liabilitymedium
legal burden
Latest stance: indemnity
“(b) Indemnification by Client. Client will indemnify, defend, and hold Provider harmless from and against all claims, suits and/or proceedings brought by any third party against Provider, including with respect to any resulting liabilities, losses, damages and costs awarded by a court or included as part of a final settlement, as well as reasonable attorneys’ fees, in connection with or arising out of Client’s or Client’s End User’s use of the Platform or alleging that Client Materials infringes or misappropriates such third party’s intellectual property rights; provided that Provider: (a) promptly notifies Client, in writing, of any such claim, suit or proceeding; (b) cooperates reasonably with Client, at Client’s expense, in the defense and settlement thereof; and (c) allows Client to control the defense and settlement thereof.”
Open citationJun 17, 2026indemnity / liabilitymedium
legal burden
Latest stance: indemnity
“(a) Indemnification by Provider. Provider will indemnify, defend and hold Client harmless from and against all claims, suits and/or proceedings brought by any third party against Client resulting from the actual infringement of such third party’s intellectual property rights by the Platform, including with respect to any resulting liabilities, losses, damages and costs awarded by a court or included as part of a final settlement, as well as reasonable attorneys’ fees, in connection with the foregoing “IP Infringement Indemnification”; provided that Client: (1) promptly notifies Provider, in writing, of any such claim, suit or proceeding; (2) cooperates reasonably with Provider, at Provider’s expense, in the defense and settlement thereof; (3) allows Provider to control the defense and settlement thereof; and (4) has paid all amounts due under these Terms and all Orders hereunder as of the date Client notifies Provider of any such claim, suit or proceeding and at all times while such IP Infringement Indemnification remains ongoing. If any infringement claim with respect to the Platform may be or has been asserted, Client will allow Provider, at Provider’s option and expense, to: (i) procure for Client the right to continue using the Platform; (ii) replace or modify the Platform to eliminate the infringement while providing functionally equivalent performance; or (iii) terminate these Terms and all Orders hereunder with respect to the Platform. Provider’s obligations under this Section 10 shall not apply to any claims based upon: (A) any materials, software or other information that have been altered by Client or any party other than Provider; (B) the combination of the Platform with any items not provided, required or approved by Provider, in writing (including in the”
Open citationJun 17, 2026indemnity / liabilitymedium
legal burden
Latest stance: liability limited
“(b) EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, ALL WARRANTIES, REPRESENTATIONS, AND GUARANTEES WITH RESPECT TO THE PLATFORM OR SERVICES OR OTHERWISE, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, OR OTHERWISE (INCLUDING ANY WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT) ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. WITHOUT LIMITING THE OTHER PROVISIONS OF THESE TERMS, PROVIDER MAKES NO REPRESENTATION OR WARRANTY, AND HAS NO SUPPORT OBLIGATIONS OR LIABILITY, WITH RESPECT TO ANY THIRD-PARTY SERVICES, AND CLIENT ACKNOWLEDGES THAT, SUBJECT TO ANY SERVICE LEVEL AGREEMENT BETWEEN THE PARTIES, PROVIDER DOES NOT WARRANT THAT THE PLATFORM (a) WILL MEET CLIENT’S OR ANY OTHER PERSON’S REQUIREMENTS; (b) OPERATE WITHOUT INTERRUPTION; (c) ACHIEVE ANY INTENDED RESULT; (d) BE ERROR FREE OR (e) BE COMPATIBLE, WORK WITH OR CONTINUE TO WORK WITH ANY THIRD-PARTY SERVICES. NO INFORMATION OR ADVICE OBTAINED BY CLIENT FROM PROVIDER OR THROUGH THE PLATFORM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.”
Open citationJun 17, 2026indemnity / liabilitymedium
legal burden
Latest stance: liability limited
“(c) Termination. Either party may terminate these Terms and all Orders hereunder upon prior written notice to the other party if (i) such other party materially breaches any term, condition, or representation or warranty contained in these Terms or an Order and fails to cure such breach within thirty (30) days after delivery of written notice thereof or (ii) such other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors. Additionally, Provider may suspend Client’s access to the Platform, impose rate limitations on one or more services and/or terminate these Terms and all Orders hereunder, upon written notice to Client, (i) if Client fails to pay any amount due under an Order, and such failure continues more than fifteen (15) days after delivery of written notice thereof; or (ii) in the event that Provider believes, in Provider’s sole but reasonable discretion, that Client uses the Platform for any purpose or in any manner that violates any applicable local, state or federal law or regulation, or any applicable laws or regulations of any foreign government, that violates or infringes the rights of any third party, or that constitutes a violation of Provider’s Acceptable Use Policy then in effect, the current version of which is available for review at https://www.kustomer.com/policy/acceptable-use/ .”
Open citationJun 17, 2026trainingmedium
content license
Latest stance: broad license
“Provider shall have a royalty-free, worldwide, perpetual license to use or incorporate into the Platform and Provider’s services any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by Client or on Client’s behalf.”
Open citationJun 17, 2026commercial usehigh
content license
Latest stance: sublicensable or transferable
“Client shall not do, attempt to do, nor permit any person or entity to do, any of the following: (a) create or recreate the source code for any underlying software and technology relating to the Platform, or re-engineer, reverse engineer, decompile or disassemble any such underlying software and technology; (b) copy, modify, adapt, translate or create derivative works based upon any such underlying software and technology; (c) remove, erase or tamper with any copyright or other proprietary notice printed or stamped on, affixed to, or encoded or recorded in the Platform or any Documentation; or (d) sublicense, sell, lease, rent, timeshare or otherwise transfer, or pledge as security, the Platform or its access thereto. All rights (including all intellectual property rights) to and/or with respect to any items, materials or services relating to the Platform not expressly licensed by Provider hereunder, are expressly and exclusively retained by Provider. Provider shall have a royalty-free, worldwide, perpetual license to use or incorporate into the Platform and Provider’s services any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by Client or on Client’s behalf.”
Open citationJun 17, 2026commercial usemedium
content license
Latest stance: broad license
“Client shall not do, attempt to do, nor permit any person or entity to do, any of the following: (a) create or recreate the source code for any underlying software and technology relating to the Platform, or re-engineer, reverse engineer, decompile or disassemble any such underlying software and technology; (b) copy, modify, adapt, translate or create derivative works based upon any such underlying software and technology; (c) remove, erase or tamper with any copyright or other proprietary notice printed or stamped on, affixed to, or encoded or recorded in the Platform or any Documentation; or (d) sublicense, sell, lease, rent, timeshare or otherwise transfer, or pledge as security, the Platform or its access thereto. All rights (including all intellectual property rights) to and/or with respect to any items, materials or services relating to the Platform not expressly licensed by Provider hereunder, are expressly and exclusively retained by Provider. Provider shall have a royalty-free, worldwide, perpetual license to use or incorporate into the Platform and Provider’s services any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by Client or on Client’s behalf.”
Open citationJun 17, 2026commercial usemedium
content license
Latest stance: broad license
“Provider owns all intellectual property rights in and to the Platform. Subject to the terms and conditions of these Terms, Provider hereby grants Client a limited scope, nonexclusive, nontransferable license for Client to use and access the Platform during the associated Subscription Term in accordance with limitations set forth in these Terms and all applicable Orders (e.g. for the number of authorized End Users set forth in each Order or added during the applicable Subscription Term of an Order and any usage volume limits), solely for Client’s business purposes and as may be further described in such Order. Client may use any Documentation (in whatever medium) that Provider provides with the Platform, solely in connection with Client’s licensed use of the Platform. Other than the limited license right to utilize the Platform granted herein, nothing contained in these Terms shall be construed as granting Client or any End User any rights in or to the Platform.”
Open citationJun 17, 2026indemnity / liabilitymedium
legal burden
Latest stance: liability limited
“TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION 9: (a) UNDER NO CIRCUMSTANCES WILL EITHER PARTY, ITS SUPPLIERS OR AFFILIATED PERSONS OR ENTITIES BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR INCIDENTAL DAMAGES, OR LOST PROFITS, WHETHER FORESEEABLE OR UNFORESEEABLE (INCLUDING CLAIMS FOR LOSS OF DATA, USE OF OR INABILITY TO USE THE PLATFORM, INTERRUPTION IN USE OR AVAILABILITY OF DATA OR THE SPECIFIC RESULTS OBTAINED THROUGH THE USE OF THE PLATFORM) ARISING OUT OF BREACH OR FAILURE OF EXPRESS OR IMPLIED WARRANTY OR REMEDY, BREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY IN TORT, OR OTHERWISE; AND (b) IN NO EVENT WILL THE AGGREGATE LIABILITY WHICH CLIENT (INCLUDING CLIENT’S END USERS), PROVIDER, PROVIDER’S SUPPLIERS AND AFFILIATED PERSONS MAY INCUR IN ANY ACTION OR PROCEEDING ARISING HEREUNDER EXCEED THE FEES THAT CLIENT HAS PAID TO PROVIDER UNDER THESE TERMS DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM. THE LIMITATIONS AND EXCLUSIONS SET FORTH IN THIS SECTION 9 SHALL NOT APPLY TO CLIENT’S PAYMENT OBLIGATIONS TO PROVIDER UNDER SECTION 3.”
Open citationJun 17, 2026indemnity / liabilitymedium
legal burden
Latest stance: indemnity
“Provider will indemnify, defend and hold Client harmless from and against all claims, suits and/or proceedings brought by any third party against Client resulting from the actual infringement of such third party’s intellectual property rights by the Platform, including with respect to any resulting liabilities, losses, damages and costs awarded by a court or included as part of a final settlement, as well as reasonable attorneys’ fees, in connection with the foregoing “IP Infringement Indemnification”; provided that Client: (1) promptly notifies Provider, in writing, of any such claim, suit or proceeding; (2) cooperates reasonably with Provider, at Provider’s expense, in the defense and settlement thereof; (3) allows Provider to control the defense and settlement thereof; and (4) has paid all amounts due under these Terms and all Orders hereunder as of the date Client notifies Provider of any such claim, suit or proceeding and at all times while such IP Infringement Indemnification remains ongoing.”
Open citationJun 17, 2026confidentialitymedium
data sharing
Latest stance: third party or vendor sharing
“To the extent a party (“Discloser”) discloses to the other party (“Recipient”) information in connection with these Terms, whether disclosed prior to, on, or after the Effective Date, and which is either marked as confidential (or words of similar import) or is of a nature or disclosed in such a manner as would put a reasonable person on notice as to the confidential or proprietary nature of the information (collectively “Confidential Information”), the Recipient will protect such Confidential Information from unauthorized use, access or disclosure in the same manner as Recipient protects its own Confidential Information, but with no less than reasonable care. Except as otherwise expressly permitted pursuant to these Terms, the Recipient may use the Discloser’s Confidential Information solely to exercise its respective rights and perform its respective obligations under these Terms and shall disclose such Confidential Information (a) solely to Recipient’s employees and/or non-employee service providers and contractors who have a need to know such Confidential Information and who are bound by terms of confidentiality intended to prevent the misuse of such Confidential Information; or (b) as reasonably necessary to comply with any applicable law or regulation. The provisions of this Section 5 shall control over any non-disclosure agreement by and between the parties entered into prior to the Effective Date and any such non-disclosure agreement shall have no further force or effect with respect to the exchange of Confidential Information after the execution of these Terms.”
Open citationJun 17, 2026confidentialitymedium
data sharing
Latest stance: third party or vendor sharing
“The foregoing shall not apply to information that: (i) is publicly known at the time of disclosure or subsequently becomes publicly known other than through a breach of this Section 5; (ii) is lawfully received by Recipient from a third party not subject to confidentiality terms with the Discloser with respect to such information; (iii) was independently developed by the Recipient without reference to the Discloser’s Confidential Information, as established by the written records of the Recipient, or (iv) is required to be disclosed under a legal requirement, provided that, in the case of subsection (iv), the Recipient shall: (A) give the Discloser reasonable written notice prior to disclosure pursuant to such requirement (unless prohibited by such requirement); (B) use diligent efforts to limit disclosure and to obtain confidential treatment or a protective order and allow the Discloser to participate in the proceeding; and (C) comply with any applicable protective order or equivalent. Client acknowledges and agrees that the pricing terms in any Order, as well as any Documentation Provider provides for, or in connection with, the Platform (in whatever form), as well as the Platform itself, shall be deemed Provider’s Confidential Information. For the avoidance of doubt, information regarding pricing provided or offered to Client by Provider shall be considered Confidential Information.”
Open citationJun 17, 2026confidentialitymedium
data sharing
Latest stance: third party or vendor sharing
“To the extent a party (“Discloser”) discloses to the other party (“Recipient”) information in connection with these Terms, whether disclosed prior to, on, or after the Effective Date, and which is either marked as confidential (or words of similar import) or is of a nature or disclosed in such a manner as would put a reasonable person on notice as to the confidential or proprietary nature of the information (collectively “Confidential Information”), the Recipient will protect such Confidential Information from unauthorized use, access or disclosure in the same manner as Recipient protects its own Confidential Information, but with no less than reasonable care. Except as otherwise expressly permitted pursuant to these Terms, the Recipient may use the Discloser’s Confidential Information solely to exercise its respective rights and perform its respective obligations under these Terms and shall disclose such Confidential Information (a) solely to Recipient’s employees and/or non-employee service providers and contractors who have a need to know such Confidential Information and who are bound by terms of confidentiality intended to prevent the misuse of such Confidential Information; or (b) as reasonably necessary to comply with any applicable law or regulation.”
Open citationJun 17, 2026indemnity / liabilitymedium
legal burden
Latest stance: indemnity
“Client will indemnify, defend, and hold Provider harmless from and against all claims, suits and/or proceedings brought by any third party against Provider, including with respect to any resulting liabilities, losses, damages and costs awarded by a court or included as part of a final settlement, as well as reasonable attorneys’ fees, in connection with or arising out of Client’s or Client’s End User’s use of the Platform or alleging that Client Materials infringes or misappropriates such third party’s intellectual property rights; provided that Provider: (a) promptly notifies Client, in writing, of any such claim, suit or proceeding; (b) cooperates reasonably with Client, at Client’s expense, in the defense and settlement thereof; and (c) allows Client to control the defense and settlement thereof.”
Open citationJun 17, 2026indemnity / liabilitymedium
legal burden
Latest stance: liability limited
“TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION 9: (a) UNDER NO CIRCUMSTANCES WILL EITHER PARTY, ITS SUPPLIERS OR AFFILIATED PERSONS OR ENTITIES BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR INCIDENTAL DAMAGES, OR LOST PROFITS, WHETHER FORESEEABLE OR UNFORESEEABLE (INCLUDING CLAIMS FOR LOSS OF DATA, USE OF OR INABILITY TO USE THE PLATFORM, INTERRUPTION IN USE OR AVAILABILITY OF DATA OR THE SPECIFIC RESULTS OBTAINED THROUGH THE USE OF THE PLATFORM) ARISING OUT OF BREACH OR FAILURE OF EXPRESS OR IMPLIED WARRANTY OR REMEDY, BREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY IN TORT, OR OTHERWISE; AND (b) IN NO EVENT WILL THE AGGREGATE LIABILITY WHICH CLIENT (INCLUDING CLIENT’S END USERS), PROVIDER, PROVIDER’S SUPPLIERS AND AFFILIATED PERSONS MAY INCUR IN ANY ACTION OR PROCEEDING ARISING HEREUNDER EXCEED THE FEES THAT CLIENT HAS PAID TO PROVIDER UNDER THESE TERMS DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM. THE LIMITATIONS AND EXCLUSIONS SET FORTH IN THIS SECTION 9 SHALL NOT APPLY TO CLIENT’S PAYMENT OBLIGATIONS TO PROVIDER UNDER SECTION 3.”
Open citationGenerated from live stance events. Informational only, not legal advice.