Terms of service — Brandfolder

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• Governing law Report an error

  “This Agreement and any Orders are governed by the laws of the State of Washington, without regard to its conflicts of law rules, and each party hereby consents to exclusive jurisdiction and venue in the state and federal courts located in Seattle, Washington”

• Notices address Report an error

  “if to Smartsheet, Attn: Legal, 500 108th Ave NE, Suite 200, Bellevue, WA 98004, and legal@smartsheet.com”

• Invoice billing Report an error

  “Smartsheet will invoice subscription-based Online Service fees on an annual basis in advance.”

• Payment terms Report an error

  “all amounts due under this Agreement or an Order will be paid by Customer in United States dollars net thirty (30) days from the date of the invoice”

• Refund policy Report an error

  “All Orders are non-cancelable and Service fees are non-refundable except as specifically and explicitly set forth in this Agreement.”

• Late fee Report an error

  “Smartsheet may charge Customer a late fee of one and one-half percent (1.5%) per month on past due amounts”

• Credit card threshold Report an error

  “Customer will remit payments by only electronic means (including by wire, ACH or, for amounts less than $25,000 USD, by credit card)”

• Renewal price increase Report an error

  “If the number of units of a Service automatically renewing for the Renewal Term is equal to or greater than the total number of units purchased, provisioned, or otherwise used during the Term, then Smartsheet must provide the price increase notice at least forty-five (45) days prior to the start date of the Renewal Term.”

• Auto renewal Report an error

  “THE TOTAL NUMBER OF UNITS PURCHASED, PROVISIONED, OR OTHERWISE USED DURING THE TERM FOR EACH SUBSCRIPTION-BASED SERVICE WILL AUTOMATICALLY RENEW FOR SUCCESSIVE ONE (1) YEAR RENEWAL TERMS UNDER THIS AGREEMENT AND THE APPLICABLE ORDER.”

• Export Report an error

  “At any time during the Term, Customer may download a backup copy of Customer Content (with file attachments in their native formats and all other Customer Content in an industry standard export format) from an Online Service by using a self-service feature”

• Security practices Report an error

  “Smartsheet has implemented and will maintain information security practices and safeguards as described in the Security Practices (available on the Site), which include physical, organizational, and technical measures”

• Warranty remedy Report an error

  “If Smartsheet has not cured or corrected the failure within thirty (30) days following its receipt of such notice, then Customer may terminate the applicable Online Services and Smartsheet will issue a refund of prepaid fees covering the terminated portion of such Online Services.”

• Export controls Report an error

  “Customer will not access or use any Service, Documentation, or Customization in sanctioned or embargoed regions or for any prohibited end uses, including but not limited to nuclear, chemical, or biological weapons”

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