Developer Terms

Last updated: December 16, 2025

Squarespace and our affiliates offer sites, templates, products, applications, tools, services and features (collectively, the “Services”) to our customers (“Customers”) pursuant to our Terms of Service. Our Customers benefit when our Services are enhanced by integrations with various third party services and applications (collectively, “Third Party Services”) built by developers (“Developers”). Some of our Customers are Developers who use our Developer Tools (as defined below) to build custom experiences on our Services for themselves or their clients.

Squarespace offers various tools for Developers, such as Squarespace application programming interfaces (“APIs”), API credentials, software development kits, source code, scripts, access tokens, programs and other software (collectively, “Developer Tools”), together with related developer pages and other documentation covering such Developer Tools (collectively, “Documentation”). A list of all official Developer Tools APIs is set forth here. These Developer Terms of Use (“Developer Terms”) apply to your access to and/or use of our Developer Tools and Documentation.

If you are a resident of or have your principal place of business in the United States of America or any of its territories or possessions (the “US”), you are agreeing to the Developer Agreement (as defined below) with Squarespace, Inc. and are a “US Developer.” Otherwise, you are agreeing to the Developer Agreement with Squarespace Ireland Limited (“Squarespace Ireland”) and are a “Non-US Developer.”

Most Developers use our Developer Tools for or on behalf of an organization. If you are using our Developer Tools for or on behalf of an organization, you are agreeing to the Developer Agreement on behalf of that organization, and you represent and warrant that you are authorized and have all requisite rights to do so. If you do not agree to all the terms in the Developer Agreement, you may not use or access our Developer Tools.

Please note that Section 16 (Dispute Resolution) contains an arbitration clause and class action waiver. BY AGREEING TO THESE DEVELOPER TERMS, YOU AGREE TO RESOLVE ALL DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION, WHICH MEANS THAT YOU WAIVE ANY RIGHT TO HAVE THOSE DISPUTES DECIDED BY A JUDGE OR JURY, AND THAT YOU WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS OR REPRESENTATIVE ACTIONS. (Note that in some countries you may have additional rights and/or the preceding sentence may not apply to you.)

References to “Squarespace,” “us,” “we” and “our” mean Squarespace, Inc. if you are a US Developer or Squarespace Ireland if you are a Non-US Developer. References to “you,” “your” and similar terms in these Developer Terms and the Developer Agreement mean the Developer who agrees to the Developer Agreement, whether an individual or an organization.

Any capitalized terms not defined in these Developer Terms have the meanings set forth elsewhere in the Developer Agreement.

If you have any questions about the Developer Agreement, please contact us.

Table of Contents:

1. Developer Tools Overview

1.1. Overview. We make our Developer Tools available to Developers in connection with various Squarespace developer programs intended to enable: (a) our Customers who are Developers to use our Services in custom, technical ways; and (b) Developers to integrate our Services with their Third Party Services to facilitate use of those Third Party Services and related functionality by our Customers on or in connection with those Customers’ use of our Services (each, a “Developer Program”). Examples of Developer Programs include: (i) developer mode or similar features on our Services where Customers can build, edit and maintain bespoke, custom websites, scheduling pages or other online presences in a developer-friendly manner (our “Developer Customization Program”); (ii) our reseller program where Developers can resell Squarespace product subscriptions to their customers (our “Reseller Program”); (iii) our product integrations program where Developers can integrate their products and services (“Developer Products”) with our Services (our “Product Integrations Program”) so that our Customers can make use of Developer Products via our Services; (iv) our directory(ies) of potential Developer Products and related Third Party Services (“Squarespace Directories”), including Squarespace Extensions, which enables Customers to learn about Developer Products and for some listings, easily connect the Developer Product to, and/or start using the Developer Product in connection with, their websites, scheduling pages or other online presences (“Squarespace Directories Program”); and (v) our domain connect implementation which permits Developers to enable any Customers who also use your Developer Products (“Shared Customers”) to easily connect their Squarespace domain name registration to their use of such Developer Product (our “Domain Connect Program”). Some Developer Tools are open and accessible to all Developers (subject to the terms of the Developer Agreement) while other Developer Tools are invite-only and may only be tested and used by certain Squarespace-approved Developers.

1.2. Applicable Terms. These Developer Terms, together with our Developer Policy, Brand Guidelines, all applicable Documentation (each of the foregoing as may be modified from time to time) and any additional written terms or agreement(s) that we enter into with your organization which reference these Developer Terms and relate to your participation in one or more Developer Programs are, collectively, the “Developer Agreement.” The Developer Agreement constitutes the entire agreement between you and Squarespace concerning our Developer Tools and supersedes and replaces any other prior or contemporaneous agreements, or terms and conditions applicable to your access and/or use of Developer Tools. By accessing and/or using any Developer Tools or Documentation, you accept the Developer Agreement applies to your access and/or use of such Developer Tools and Documentation. In the event of a conflict or inconsistency between any components of the Developer Agreement, the following order of precedence shall apply: (1) any additional written terms or agreement(s) that we enter into with you which reference these Developer Terms and relate to your participation in one or more Developer Programs; (2) these Developer Terms; (3) Developer Policy; (4) applicable Documentation; and (5) Brand Guidelines.

1.3. Consumer Law. Our Developer Tools are intended for use by Developers in a professional capacity and are not intended to be used by consumers. To the fullest extent permitted by law, you agree that consumer laws do not apply to your use of our Developer Tools. If however any consumer laws cannot be lawfully excluded, nothing in the Developer Agreement will restrict, exclude or modify any statutory rights or remedies you may have.

1.4. Developer Account Security. You must safeguard your developer account(s) with Squarespace (“Developer Account”) and make sure others do not have access to your Developer Account(s) or any authentication credentials for your Developer Accounts such as passwords, API keys, OAuth client secrets or similar (collectively, “Developer Credentials”). You're solely responsible for any activity on your Developer Accounts and for maintaining the confidentiality and security of your Developer Credentials. We are not liable for any acts or omissions by you or anyone else in connection with your Developer Account. You must immediately notify us if you know or have any reason to suspect that your Developer Account or Developer Credentials have been stolen, misappropriated or otherwise compromised or in case of any actual or suspected unauthorized use of your Developer Account.

1.5. Demo Account. Promptly upon our request, you will provide us with a free account and log-in information for, and any other resources that might be needed to review, your Developer Products as integrated with our Services (collectively, “Demo Account”). The Demo Account must be populated with data and content that is representative of data and content normally used by Shared Customers of your Developer Products in connection with our Services. We may use the Demo Account to: (a) test and evaluate your Developer Products’ integration with our Services; and (b) understand Shared Customers’ experiences on our Services and your use of our Developer Tools.

1.6. Follow Our Documentation. Not all Squarespace APIs, software development kits, source code, scripts, programs and software are Developer Tools intended for use by Developers. If you can’t find Documentation for an API or other software, it is probably not a Developer Tool. Squarespace APIs which are not listed here are not Developer Tools. You are not authorized to use any software which is not a Developer Tool. You may only use Developer Tools in accordance with their applicable Documentation.

2. Developer Customization Program

2.1. Developer Customization Tools. Some of our Developer Tools exist to support our Developer Customization Program (the “Developer Customization Tools”). Developer Customization Tools include template source code, software development kits and other software to help you develop, test and/or maintain custom coded, non-standard websites, scheduling pages or other online presences on our Services.

2.2. Our Terms of Service. Since use of Developer Customization Tools requires use of our Services, use of Developer Customization Tools is also subject to our Terms of Service, including Section 5.4. In the event of a conflict or inconsistency between our Terms of Service or other parts of the Agreement (as defined in our Terms of Service) and the Developer Agreement arising out of your use of our Developer Customization Tools, the Developer Agreement shall control solely with respect to the subject matter of the Developer Agreement.

2.3. Rights. Except as otherwise set forth in our Terms of Service, you own any website, scheduling pages or other online presences you develop as part of our Developer Customization Program, subject to Squarespace’s ownership of our Developer Customization Tools and our Services. You may only use our Developer Customization Tools to develop websites, scheduling pages or other online presences hosted on our Services. If you are a web developer who uses our Developer Customization Tools to create a website, scheduling page or other online presence for a client, you may transfer the website, scheduling page or other online presence to your client, provided that you and your client comply with the Developer Agreement and our Terms of Service, and that the website, scheduling page or other online presence continues to be hosted on our Services. You can find more details about Developer Customization Tools for websites at https://developers.squarespace.com/ and for Acuity at https://developers.acuityscheduling.com. If you are a participant in our Developer Customization Program, subject to your ongoing compliance with our Terms of Service and the Developer Agreement (including the applicable Developer Customization Tools Documentation), we grant you a limited, royalty-free, non-exclusive, non-transferable, non-sublicensable, non-assignable and revocable right to access and use our Developer Customization Tools solely to develop, test and/or maintain your custom website, scheduling page or other online presence, or any related implementation thereof, on our Services.

2.4. Changes. While we do our best to maintain consistency and support the large variety of different participants in our Developer Customization Program, sometimes we must make changes to how our Developer Customization Tools operate. We will endeavor to notify affected users in advance of such changes, especially if a change might break your custom website, scheduling page or other online presence.

3. Reseller Program

3.1. Reseller Tools. Some of our Developer Tools exist to support our Reseller Program (the “Reseller Tools”). Reseller Tools include our reseller and authentication APIs and related software, which you can learn more about at https://reseller.squarespace.com/.

3.2. Invitation Only; Separate Agreement. Our Reseller Program is invite-only and Squarespace shall determine in its sole discretion whether a Developer may participate. All participants in our Reseller Program must enter into additional written terms or agreement(s) with us which reference these Developer Terms. If you wish to participate in our Reseller Program, please contact us.

3.3. Your Rights. If you are a participant in our Reseller Program, subject to your ongoing compliance with the Developer Agreement, we grant you a limited, royalty-free, non-exclusive, non-transferable, non-sublicensable, non-assignable and revocable right to access and use our Reseller Tools solely to, as applicable: (a) resell Squarespace products to your customers (“Resold Customers”); and (b) develop, test and maintain a reseller integration between your platform and our Services.

3.4. Our Rights. By using our Reseller Tools, you agree that we may: (a) receive, collect and use information from you and your Resold Customers; (b) use automated methods to analyze your use of our Reseller Tools; (c) review or monitor our Reseller Tools (including your integration and implementation therewith) for purposes of: (i) quality control; (ii) protecting and improving our Reseller Tools, Documentation and/or Services; (iii) verifying your compliance with the Developer Agreement; and (iv) other purposes consistent with the Developer Agreement; (d) test your Reseller Tools implementation; and (e) use and publicize the following for any Squarespace business purpose, including providing customer support to Resold Customers: (i) trademarks, service marks, logos or trade names (collectively, “Marks”) of your organization; (ii) details about your organization, its business and its products or services which your organization makes publicly available; and (iii) your organization’s participation in our Reseller Program. You agree that we have no obligation to review or monitor our Reseller Tools or our Services. If you have any concerns with how we describe your organization, please reach out to your contact person at Squarespace.

3.5. Our Brand Assets. If you are a participant in our Reseller Program, subject to your ongoing compliance with the Developer Agreement, you may use our Brand Assets (as defined in our Brand Guidelines) and any of our Marks included therein to refer to our Services or features thereof.

3.6. Demo Account. Promptly upon our request, you will provide us with a Demo Account to test your Reseller Tools implementation and otherwise review your proposed participation in our Reseller Program.

3.7. Prior Review and Approval; Continuing Obligations. You must submit your Reseller Tools implementation to Squarespace for review and approval (the “Reseller Review Process”). The Reseller Review Process may include: (a) purchase flow review; (b) functional and quality assurance testing; (c) user experience (UX) testing; and (d) the security review process described in Section 3.4 of our Developer Policy (“Security Review”). Unless and until we approve your Reseller Tools implementation, you may not publicize or otherwise disclose your participation in our Reseller Program. If, after your Reseller Tools implementation has been granted approval: (i) any of the information you provided to us as part of the Reseller Review Process significantly changes, you agree that you have a continuing obligation to immediately inform your contact person at Squarespace of such significant changes; and (ii) you wish to make significant changes to your implementation, you agree that you have a continuing obligation to seek Squarespace’s approval prior to making any such significant changes.

4. Product Integrations Program

4.1. Product Integrations Tools. Some of our Developer Tools exist to support our Product Integrations Program (the “Product Integrations Tools”). Product Integrations Tools include APIs such as those relating to inventory, orders, event subscriptions, taxes, authentication and Acuity, together with any related software. You can read applicable Documentation for, and learn more about, our Product Integrations Tools at https://developers.squarespace.com/ and https://developers.acuityscheduling.com.

4.2. Invitation May Be Necessary; Separate Agreement May Be Required. Some of the Product Integrations Tools are invite-only and may only be tested and used by certain Squarespace-selected Developers. Depending on your Developer Products and your proposed integration, if you are a participant in the Product Integrations Program, you may be required to enter into additional written terms or agreement(s) with us which reference these Developer Terms.

4.3. Your Rights. If you are a participant in the Product Integrations Program, subject to your ongoing compliance with the Developer Agreement, we grant you a limited, royalty-free, non-exclusive, non-transferable, non-sublicensable, non-assignable and revocable right to access and use the Product Integrations Tools solely to develop, test and maintain a product integration between your Developer Products and our Services.

4.4. Our Rights. By using the Product Integrations Tools, you agree that we may: (a) receive, collect and use information from you and any Shared Customers; (b) use automated methods to analyze your Developer Products and your use of our Product Integrations Tools; (c) review or monitor our Product Integrations Tools (including your integration and implementation therewith) for purposes of: (i) quality control; (ii) protecting and improving our Developer Tools, Documentation and/or Services; (iii) verifying your compliance with the Developer Agreement; and (iv) other purposes consistent with the Developer Agreement; (d) list and describe your Developer Products integration in our: (i) marketing or public relations materials; (ii) knowledge base articles or other customer support materials we publish on our Services; or (iii) directories of Third Party Service options available to Customers; (e) integrate, test and use your Developer Products in connection with our Services; and (f) use and publicize the following for any Squarespace business purpose, including providing customer support to Shared Customers: (i) you or your organization’s Marks; (ii) details about you or your organization, your or its Developer Products and your or its Developer Products’ integration with our Services; and (iii) you or your organization’s participation in the Product Integrations Program. You agree that we have no obligation to review or monitor the Product Integrations Tools or our Services. If you have any concerns with how we describe you, your organization or your or its Developer Products, please reach out to your contact person at Squarespace or, if you don’t have one, contact us via support.

4.5. Our Brand Assets. If you are a participant in the Product Integrations Program, subject to your ongoing compliance with the Developer Agreement, you may use our Brand Assets and any of our Marks included therein to refer to our Services or features thereof.

5. Squarespace Directories Program

5.1. Invitation Only; Separate Agreement. The Squarespace Directories Program is invite-only and Squarespace shall determine in its sole discretion whether a Developer may participate. All participants in the Squarespace Directories Program must enter into additional written terms or agreement(s) with us which reference these Developer Terms. If you wish to participate in the Squarespace Directories Program, please contact us.

5.2. Our Rights. By participating in the Squarespace Directories Program, you agree that we may list and describe your Developer Products integration in: (a) our marketing or public relations materials; or (b) Squarespace Directories listing(s) of Third Party Service options available to Customers. If you have any concerns with how we describe your organization or your Developer Products, please reach out to your contact person at Squarespace.

5.3. Our Brand Assets. If you are a participant in the Squarespace Directories Program, subject to your ongoing compliance with the Developer Agreement, you may use our Brand Assets and any of our Marks included therein to refer to our Services or features thereof.

5.4. Demo Account. Promptly upon our request, you will provide us with a Demo Account to test your Developer Products integration with our Services and otherwise review your proposed participation in the Squarespace Directories Program.

5.5. Non-Integration Participants. While most Squarespace Directories Program participants are also Product Integrations Program participants, some Squarespace Directories Program participants do not actually integrate their Developer Products with our Services. For these non-integrating participants, the only connection between our Services and these participants’ Developer Products are links from Squarespace Directories to their Developer Products. Portions of this Section 6 may not apply to these non-integrating participants.

5.6. Prior Review and Approval; Continuing Obligations. Developers who request to participate in the Squarespace Directories Program must submit their Developer Products and their proposed integration with our Services to Squarespace for review and approval (the “Directories Review Process”). The Directories Review Process may include: (a) code review; (b) functional and quality assurance testing; (c) user experience (UX) testing; (d) compatibility with the Squarespace platform; and (e) a Security Review. Unless and until your Developer Product is granted approval to be added to Squarespace Directories, you may not publicize or otherwise disclose the availability of your Developer Product on Squarespace Directories. If, after you have been granted approval to be added to Squarespace Directories: (i) any of the information you provided to us as part of the Directories Review Process significantly changes, you agree that you have a continuing obligation to immediately inform Squarespace of such significant changes; and (ii) you wish to make significant changes to the functionality or operation of your Developer Products or their integration with our Services, you agree that you have a continuing obligation to seek and be granted Squarespace’s approval prior to making any such significant changes.

5.7. Placement and Appearance. Except as expressly set forth to the contrary in the Developer Agreement, we reserve these rights, which we may exercise at any time and in our sole discretion, and without liability or notice to you: (a) we may change the presentation, appearance and placement of Squarespace Directories on our Services; and (b) we may change how your Developer Products are presented or placed, or appear, on Squarespace Directories.

5.8. Reviews. Squarespace Directories may include the ability for Customers to rate and review your organization, your Developer Products, and/or their experience therewith (“Developer Product Feedback”), and we may make such Developer Product Feedback available to view on our Services. While Squarespace may from time to time and in its sole discretion remove Developer Product Feedback (for example, because of an Acceptable Use Policy violation), Squarespace shall not be obligated to: (a) review Developer Product Feedback for veracity, accuracy or content; or (b) remove any Developer Product Feedback. Subject to Squarespace’s rights in Section 5.7 and elsewhere in the Developer Agreement, Developer Product Feedback may affect your presentation, appearance and/or placement on Squarespace Directories. Squarespace shall have no liability to you with respect to, and you hereby release Squarespace from, all claims related to, arising from or in connection with any Developer Product Feedback.

6. Domain Connect Program

6.1. Domain Connect Tools. Some of our Developer Tools exist to support our Domain Connect Program (the “Domain Connect Tools”). Domain Connect Tools include our APIs, Domain Connect Templates (as defined below) and related software based on the Domain Connect open standard, which you can learn more about at https://www.domainconnect.org. “Domain Connect Templates” means the template files maintained by Squarespace for each participant in the Domain Connect Program which describe a set of changes to DNS records and domain functionality in order to enable the connection between a Customer’s domain name registration and their use of the participant’s Developer Product.

6.2. Invitation Only; Separate Agreement. All participants in the Domain Connect Program must enter into additional written terms or agreement(s) with us which reference these Developer Terms.

6.3. Your Rights. If you are a participant in the Domain Connect Program, subject to your ongoing compliance with the Developer Agreement, we grant you a limited, royalty-free, non-exclusive, non-transferable, non-sublicensable, non-assignable and revocable right to access and use the Domain Connect Tools and your Domain Connect Templates solely to: (a) enable Shared Customers to connect their Squarespace domain name registration to their use of your Developer Product; and (b) develop and test the connections in the foregoing (a).

6.4. Domain Connect Templates. If you are invited to participate in the Domain Connect Program, in order for Squarespace to create Domain Connect Templates for you and your Developer Product, you will need to provide Squarespace with the record types and values for the Domain Connect Templates and a URL where Squarespace can send a success parameter. Domain Connect Templates provided to a participant may only be used by that participant and may not be used by any other third party. You agree to promptly notify Squarespace if you become aware of any unauthorized use of any of your Domain Connect Templates by third parties.

7. Compliance; Prohibited Actions; Shared Customer Obligations

7.1. Definitions.

(a) “Applicable Laws” means any law, statute, ordinance, rule, regulation, order or determination of any governmental authority applicable to our Developer Tools, your Developer Products, Squarespace, Shared Customers, you, your organization or the Developer Agreement, together with any applicable industry standards. Applicable Laws includes Applicable Privacy Laws and any laws or regulations relating to automatic renewal, advertising, marketing, product design, purchase flows, consumer protection, sales, e-commerce, taxes and export or import controls.

(b) “Applicable Privacy Laws” means any international, domestic, federal, state, provincial and local data protection, security, confidentiality and privacy laws and regulations applicable from time to time with respect to Personal Information, including: (i) the EU General Data Protection Regulation 2016/679 (including as amended and/or incorporated into the laws of the United Kingdom); (ii) the ePrivacy Directive (Directive 2002/58/EC); (iii) federal laws in the United States of America such as the Federal Trade Commission Act; (iv) state laws in the United States of America such as the California Consumer Privacy Act, the Colorado Privacy Act, the Oregon Consumer Privacy Act and the Texas Data Privacy and Security Act; (v) the Canadian Personal Information Protection and Electronic Documents Act; (vi) Brazil’s Lei Geral de Proteção de Dados; and (vii) any regulations, guidelines, modifications, legally binding interpretations or other amendments to the foregoing (i)-(vii).

(c) “End User” means visitors, customers, clients, shoppers and/or users of a Shared Customer’s site, scheduling page or other product on our Services.

(d) “Personal Information” means any information that: (i) can be used to identify, contact or locate a specific individual; (ii) can be used in conjunction with other personal or identifying information to identify, contact or locate a specific individual; or (iii) is defined as “personal information,” “personal data,” “PII,” “personally identifiable information” or similar term under applicable law.

(e) “Process” or “Processing” means any operation or set of operations which is performed on Personal Information, including collection, organization, structuring, storage, adaptation, use, retention, transmission, dissemination or otherwise making available and deletion.

(f) “Shared Customer Data” means any Personal Information or other data or content, for which a Shared Customer is the data controller or similar concept under Applicable Privacy Laws, and which is received by you: (i) via our Developer Tools and/or the integration between your Developer Products and the Services, whether provided by Shared Customers, their End Users or others; or (ii) from a Shared Customer in some other manner.

7.2. Compliance. You agree and you represent and warrant that:

(a) your Developer Products, your use of our Developer Tools and the integration of your Developer Products with our Services will comply at all times with Applicable Laws, including Applicable Privacy Laws;

(b) any Shared Customer Data and all other Personal Information will be collected, processed, retained, protected and otherwise treated by you in compliance with: (i) all Applicable Laws, including all Applicable Privacy Laws; (ii) your Developer Products’ privacy statement about you or your organization’s data practices (the “Developer Privacy Policy”); (iii) your applicable terms of use, end user license agreement or other contract with your Shared Customers which governs their use of your Developer Products (the “Developer Customer Contract”); and (iv) any other requirements in the Developer Agreement;

(d) you are responsible for obtaining proper consent from Shared Customers, or otherwise having a proper basis in compliance with Applicable Privacy Laws which is legally sufficient, to collect, use, process and/or store Shared Customer Data and all other Personal Information;

(e) you will not sell, rent, exploit or distribute Shared Customer Data or other Personal Information without the express consent of the Shared Customer;

(f) you will only retrieve or access Shared Customer Data related to a Shared Customer’s website or other product(s) on our Services if requested or enabled to do so by such Shared Customer;

(g) Squarespace does not “sell” (as defined under Applicable Privacy Laws) Shared Customer Data to you and only provides you and your Developer Products with access to Shared Customer Data solely on behalf of our Shared Customer as a result of your Shared Customer’s express request and permission given to you, and nor do you “sell” Shared Customer Data to us;

(h) to the extent required by Applicable Privacy Laws, you will inform your Shared Customers about, and you will publish and maintain a Developer Privacy Policy about your Developer Products and include legally sufficient data processing provisions in your Developer Customer Contract which describes how you collect, process, retain and protect their Shared Customer Data and other Personal Information; and

(i) if your Developer Product has read and/or write access to Shared Customer Data related to a Shared Customer’s website or other product(s) on our Services, you are solely responsible for ensuring that your Shared Customers understand and are aware of: (i) what your Developer Products do; (ii) how your Developer Products work with, receive data from and/or pass data to their website or other product(s) on our Services; (iii) how your Developer Products will Process their Shared Customer Data; and (iv) if applicable, how your Developer Products will provide Shared Customer Data to Squarespace in connection with the integration.

7.3. Security Incidents. If Shared Customer Data or other Personal Information, data or content in your possession is destroyed, breached, exposed, lost, altered, exploited, disclosed, accessed or otherwise compromised in an unauthorized or unlawful manner or if your Developer Product or its integration with our Developer Tools suffers a security event, incident, inconsistency, vulnerability or other issue, you must: (a) notify affected Shared Customers and/or End Users in accordance with Applicable Laws; (b) promptly inform Squarespace (no more than 72 hours after you become aware) by sending an email to security@squarespace.com and legal@squarespace.com; and (c) cooperate with Squarespace, including promptly providing us with any information we reasonably request.

7.4. Prohibited Actions. In addition to your obligations under the rest of the Developer Agreement, you, your use of the Developer Tools and your Developer Products may not, and may not attempt to, do any of the following:

7.4.1. Encourage or facilitate the violation by Squarespace, Shared Customers or others of: (a) our Terms of Service or other parts of the Agreement (including our Acceptable Use Policy); (b) the Developer Agreement; or (c) Applicable Laws.

7.4.2. Access or attempt to access our Developer Tools by any means other than as described in the Documentation. If you are assigned a Developer Account or Developer Credentials, you must use them with the applicable Developer Tools and cannot misrepresent or mask either your identity or your Shared Customers’ identity, nor impersonate another's identity.

7.4.3. Mislead, confuse or surprise your Shared Customers.

7.4.4. Unless expressly authorized in writing in advance by Squarespace, substantially replicate or otherwise compete with any products or services offered by Squarespace or a Squarespace affiliate.

7.4.5. Unless expressly authorized in writing in advance by Squarespace, Sell, rent, transfer, sublicense or otherwise provide use of any rights granted in the Developer Agreement to any other person or entity.

7.4.6. Unless required to do so by Applicable Laws or expressly authorized in writing in advance by Squarespace, Process, or assist any third party to Process, Shared Customer Data or other Personal Information, data or content accessed, received or transmitted by you or your Developer Product via our Developer Tools, for purposes of: (a) surveillance; (b) profiling or other analysis of Customers; (c) violating your Developer Privacy Policy or Developer Customer Contract; or (d) competing with Squarespace or our Services.

7.4.7. Exceed or circumvent any limits we impose on your use of our Developer Tools (e.g., API rate or request limits) or otherwise use, whether intentionally or otherwise, our Developer Tools in an excessive or abusive manner. The foregoing limits and a determination of what is excessive or abusive are set and enforced by Squarespace in our sole discretion.

7.4.8. Create or distribute any viruses, Trojan horses, worms, bots, backdoors, code, data and/or other computer programming routines that may potentially damage, interfere with, intercept, disable, deactivate, or expropriate any software, data or other intellectual property (collectively, “Malware”).

7.4.9. Unless required to do so by Applicable Laws or expressly authorized in writing in advance by Squarespace: (a) create or publish any pages, sites, sections or posts which copy, resemble or mirror the look and feel of our Services in a manner intended to lead visitors to believe that such pages, sites, sections or posts are part of our Services, including via the use of framing or similar mechanisms; (b) engage in behavior intended to: (i) intercept, divert or redirect Internet traffic; or (ii) confuse or mislead visitors and/or Squarespace as to the source or destination of Internet traffic; (c) engage in any action or practice that reflects poorly on Squarespace or Customers, or otherwise disparages or devalues the reputation or goodwill of Squarespace or a Customer; or (d) “crawl,” “spider,” index or in any non-transitory manner store or cache, content or information obtained from any Customer website, any tracking link or any other part of our Services for which we or a Customer have instructed you otherwise, including via a robots.txt file or similar mechanism.

If we believe, in our sole discretion, that you have violated or attempted to violate any term, condition or the spirit of any of the foregoing rules, your participation in an applicable Developer Program and your license to and ability to use and access applicable Developer Tools may be temporarily or permanently revoked, with or without notice.

7.5. Your Relationship with Your Shared Customers. We’re not a party to, and we aren’t liable for, your Developer Products which you provide to your Shared Customers. The relationship between your Shared Customers and you is strictly between your Shared Customers and you. You are solely responsible for your Developer Products, and compliance with any Applicable Laws related thereto, including the following:

7.5.1. Taxes. You are solely responsible for: (a) all taxes and fees associated with your Developer Products, including any taxes related to the sale or provision of your Developer Products; (b) collecting, reporting and remitting required taxes to relevant government authorities; (c) informing your Shared Customers of applicable taxes related to your Developer Products, and providing them with invoices as required by Applicable Law (as defined below); (d) monitoring distance sales thresholds in the European Union and any other indirect taxes (such as value-added or goods and services taxes) and registration thresholds in the countries where your Shared Customers or located, or to where you ship goods or provide services; and (e) registering for indirect taxes in countries where you are required to register. You also agree that any tax estimates, reporting or related materials that we may provide to you are for illustration purposes only, and you may not rely on them to comply with your tax obligations. We do not give tax advice, and nothing we communicate should be interpreted as such.

7.5.2. Fulfillment And Delivery. You are solely responsible for fulfilling and delivering your Developer Products to your Shared Customers.

7.5.3. Claims And Warranties. You are solely responsible for any claims or warranties you make in connection with your Developer Products and your services, and any claims made by your Shared Customers against you.

7.5.4. Support. You acknowledge that: (a) except as set forth in the Developer Agreement, we are not obliged to offer any support to you for our Developer Tools; and (b) we are not obliged to offer any support to you or your Shared Customers for your Developer Products (or their interoperation with our Developer Tools or our Services). You are solely responsible for providing all support, maintenance and technical assistance to your Shared Customers with respect to your Developer Products. You will not represent to your Shared Customers that Squarespace will provide any support, maintenance or technical assistance to them with respect to your Developer Products (or their interoperation with our Developer Tools or our Services). You must respond to inquiries from Shared Customers regarding your listed Developer Product within a reasonable period of time and provide high quality support to them in a professional and workmanlike manner consistent with industry standards.

8. Reserved Rights; No Obligation; Modifications

8.1. Important Things We Can Do. Except as expressly otherwise set forth in the Developer Agreement, we reserve these rights, which we may exercise at any time and in our sole discretion, and without liability or notice to you: (a) we may change parts or all of our Developer Tools, Developer Programs and their functionality; (b) we may suspend or discontinue parts or all of our Developer Tools or Developer Programs; (c) we may terminate, suspend, restrict or disable your access to or use of parts or all of our Developer Tools, your Developer Accounts or your participation in one or more Developer Programs; and (d) we may change our eligibility criteria for one or more Developer Programs. In the event of any of the foregoing, you may lose access to content, materials or other information that you provided to Squarespace as part of the Developer Program, through our Developer Tools or related to your Developer Products.

8.2. No Obligation to Review or Monitor. You agree that we have no obligation to review or monitor access to or use of our Developer Tools, our Services, your Developer Products or you or your organization’s integration and implementation with our Developer Tools or our Services.

8.3. Modifications To Developer Tools. Our Developer Tools are constantly evolving as we refine, add and potentially remove features with the needs of our Customers and Developers in mind, so please check in regularly to see the latest versions. Squarespace may update and/or discontinue our Developer Tools from time to time, or may discontinue support for previous versions of our Developer Tools at our sole discretion and without notice. You acknowledge that any such modifications may have an adverse effect on your Developer Products, including changing the manner in which your Developer Products communicate or interact with our Developer Tools and/or products or services offered by Squarespace or its affiliates, and you agree that Squarespace shall not be liable to you in any way for any such adverse effect. Squarespace may require Developers to re-configure or update their Developer Products to continue to use our Developer Tools at your sole cost and expense. We may inform you of any changes with reasonable notice so you can adjust your use of our Developer Tools, but you agree that we have no obligation to do so.

8.4. Modifications To Developer Agreement. We may modify these Developer Terms (and other parts of the Developer Agreement including the Developer Policy) from time to time, and we will post the most current version on our site. If a modification meaningfully reduces your rights (as reasonably determined by us in our sole discretion), we will notify you (by, for example, sending you an email). The notice will designate a reasonable period after which the new terms will take effect. Modifications will not apply retroactively. Your continued access to and use of our Developer Tools after the updated Developer Agreement are in effect constitutes (if applicable) your acceptance of such updated Developer Terms. If you disagree with our changes, then you must inform Squarespace to remove your Developer Credentials and you must immediately stop using our Developer Tools and your Developer Account (if applicable) and offering your Developer Product (if applicable).

9. Ownership, Beta Developer Tools and Feedback

9.1. Squarespace Owns Our Services, Brand Assets, Developer Tools and Documentation. Our Brand Assets, Marks, Services, Developer Tools and Documentation (collectively, "Squarespace Property”) are owned by Squarespace, and are protected by applicable intellectual property and other laws. Except for the licenses expressly granted in these Developer Terms or elsewhere in the Developer Agreement, nothing herein shall be deemed to grant you or any third party, by implication or otherwise, any intellectual property rights in or to Squarespace Property. You agree that the Developer Agreement does not grant you any ownership of the Squarespace Property, and that any goodwill derived from your use of our Brand Assets or Marks benefits only Squarespace. If you acquire any rights in or to Squarespace Property, by operation of law or otherwise, at no expense to Squarespace, you hereby irrevocably assign all such rights to Squarespace. You agree not to change, modify, reverse engineer, translate or otherwise create derivative works of the Squarespace Property.

9.2. You Own Your Developer Products. Your Marks and your Developer Products. are owned by you, and may be protected by applicable intellectual property and other laws. Except for the licenses expressly granted in these Developer Terms or elsewhere in the Developer Agreement, nothing herein shall be deemed to grant Squarespace or any third party, by implication or otherwise, any intellectual property rights in or to your Marks or your Developer Products. We agree that the Developer Agreement does not grant us any ownership of your Marks or your Developer Products, and that any goodwill derived from our use of your Marks benefits only you. If we acquire any rights in or to your Marks or your Developer Products, by operation of law or otherwise, at no expense to you, we hereby irrevocably assign all such rights to you. Except as expressly permitted in these Developer Terms or elsewhere in the Developer Agreement, we will not change, modify, reverse engineer, translate or otherwise create derivative works of your Marks or your Developer Products.

9.3. Open Source Software. Some portions of the Developer Tools may contain or incorporate software or other materials which are offered under an open source license (“Open Source Components”). In addition to the Developer Agreement, the provisions in the applicable open source license may also govern your use of any such Open Source Components.

9.4. Beta Developer Tools. Squarespace may from time to time in our sole discretion make available Developer Tools that we’re still testing and evaluating (“Beta Developer Tools”). Some of our Beta Developer Tools are open and accessible to all Developers (subject to the terms of the Developer Agreement) while other Beta Developer Tools are invite-only and may only be tested and used by certain Squarespace-selected Developers or Developer Program participants. Our Beta Developer Tools will be marked as beta, preview or early access (or a similar phrasing), and may not be as reliable as our other Developer Tools. Our Beta Developer Tools and related Documentation may be subject to additional terms and conditions, but will always be considered Confidential Information (as defined below) of Squarespace. Squarespace makes no representations or warranties that our Beta Developer Tools will function and we will have no liability for any harm or damage caused by the use of or in connection with our Beta Developer Tools.

9.5. Developer Tools and Developer Program Feedback. You may provide feedback, ideas or suggestions about our Developer Tools or Developer Programs (“Developer Feedback”). You agree that we may use your Developer Feedback without any restriction or obligation to you, even after you have stopped using our Developer Tools or our Developer Agreement with you has expired or been terminated.

10. Representations And Warranties

10.1. Mutual. Each of you and Squarespace represents, warrants and covenants that: (a) it has the authority to enter into the Developer Agreement and perform its obligations hereunder; and (b) the Developer Agreement does not conflict with any other agreement entered into by it.

10.2. By Developer. You represent, warrant and covenant that: (a) all information you have provided and will provide to Squarespace is true, accurate and complete; (b) you have the full right, power and authority to make, distribute, operate, support and promote your Developer Products, use our Developer Tools and enter into the Developer Agreement; and (c) your Developer Products, their contemplated use and your use of our Developer Tools will: (i) comply with the Developer Agreement and all Applicable Laws; and (ii) not violate the intellectual property, privacy or other rights of others.

11. Confidentiality

11.1. “Confidential Information” means all information of a disclosing party that is marked or otherwise identified as proprietary or confidential at the time of disclosure, or that by its nature would be understood by a reasonable person to be proprietary or confidential, excluding information that: (i) is publicly known through no fault of the receiving party; (ii) was already known to the receiving party without confidentiality obligations; or (iii) was independently developed by the receiving party. Squarespace’s Confidential Information shall include all non-public details or aspects of our Developer Tools or Documentation, customer lists, Developer Product Feedback and Developer Feedback.

11.2. Unless otherwise authorized in writing by the disclosing party, the receiving party agrees to only use the other party’s Confidential Information as permitted herein, and not to disclose, sell, license, transfer or otherwise make available any of the other party’s Confidential Information to any person or entity (including without limitation Shared Customers) except to your affiliates and your or their employees, agents or professional advisors (each, a “Representative”) solely to the extent such Representatives need to know it and have agreed in writing (or in the case of professional advisors, who are otherwise bound) to keep it confidential with substantially similar limitations on disclosure as set forth herein. Each party agrees that it will: (a) be liable for any breach of these obligations by any of its Representatives; and (b) protect the other party’s Confidential Information from unauthorized use, access or disclosure in the same manner that it would use to protect its own confidential and proprietary information of a similar nature, and in no event with less than a reasonable degree of care.

11.3. Notwithstanding anything to the contrary in the Developer Agreement, we may share your Confidential Information and any other information about you, your use of our Developer Tools, your Developer Products and your Customers’ use thereof with applicable law enforcement, regulatory or governmental bodies or other parties as may be required by Applicable Law.

11.4. For clarity, if the Developer Agreement includes other confidentiality provisions, such other confidentiality provisions shall control over this Section 11.

12. Termination

12.1. Except as expressly otherwise set forth in the Developer Agreement, you may stop using our Developer Tools or quit participating in a Developer Program at any time, with or without cause or notice. All sections of the Developer Agreement that by their nature should survive termination shall survive termination, including the following sections of these Developer Terms: Sections 7 (Compliance; Prohibited Actions; Shared Customer Obligations), 8 (Reserved Rights; No Obligation; Modifications), 9 (Ownership, Beta Developer Tools and Feedback), 10 (Representations and Warranties), 11 (Confidentiality), 12 (Termination), 13 (Disclaimers), 14 (Limitation of Liability), 15 (Indemnification), 16 (Dispute Resolution) and 17 (Additional Terms).

12.2. Squarespace may independently communicate with Shared Customers to provide notice of the termination or suspension of your right to use our Developer Tools (including your Developer Account), and Squarespace shall have sole discretion over the manner and method of such communication, without any liability or notice to you.

13. Disclaimers

13.1. To the fullest extent permitted by law, Squarespace makes no warranties, either express or implied, about our Developer Tools and Developer Programs. Our Developer Tools and Developer Programs are provided “as is” and “as available” without any warranties, representations or conditions of any kind. Without limiting the foregoing, Squarespace also disclaims any warranties of merchantability, fitness for a particular purpose and non-infringement. No advice or information, whether oral or written, obtained by you from Squarespace shall create any warranty. Squarespace makes no warranty or representation that our Developer Tools will: (a) be timely, uninterrupted or error-free; (b) meet your requirements or expectations; or (c) be free from Malware or other harmful components. We make no representations that our Developer Tools or Developer Programs are appropriate or available for use in all locations or with any or all Developer Products or Customers.

13.2. Under certain circumstances, some jurisdictions do not permit the disclaimers in Section 13.1, so they may not apply to you. However, the disclaimers apply to the maximum extent permitted by Applicable Law. You may have other statutory rights and nothing in the Developer Agreement affects your statutory rights or rights under mandatory laws. The duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by Applicable Law.

14. Limitation of Liability

14.1. To the fullest extent permitted by law, in no event will Squarespace be liable with respect to any claims arising out of or related to our Developer Tools, our Developer Programs or the Developer Agreement for: (a) any indirect, special, incidental, exemplary, punitive or consequential damages; (b) any loss of profits, revenue, goodwill or other intangible losses; (c) any damages related to your access to, use of or inability to access or use our Developer Tools, including interruption of use or cessation or modification of any aspect of our Developer Tools; (d) any damages related to loss or corruption of any data or content, including Shared Customer Data and any of your or a Shared Customer’s Developer Product data; (e) any conduct or content of any Customer or third party using our Developer Tools or Services, including defamatory, offensive or unlawful conduct or content; or (f) any Third Party Services or third party sites accessed via our Developer Tools or Services. These limitations apply to any theory of liability, whether based on warranty, contract, tort, negligence, strict liability or any other legal theory, whether or not a party has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed its essential purpose.

14.2. Any liability to Shared Customers or others in connection with your Developer Products shall be your responsibility.

14.3. To the fullest extent permitted by law, notwithstanding anything to the contrary in the Developer Agreement, in no event shall the aggregate liability of Squarespace for all claims arising out of or related to our Developer Tools, our Developer Programs and the Developer Agreement exceed the greater of ten thousand US dollars ($10,000) or the amounts paid or payable by you or Squarespace to the other party under the Developer Agreement in the twelve (12) months immediately preceding the event that gave rise to such claim. Under certain circumstances, some jurisdictions do not permit the types of limitations in this Section 14, so they may not apply to you. However, the limitations apply to the maximum extent permitted by Applicable Law.

15. Indemnification

To the fullest extent permitted by law, notwithstanding anything to the contrary in the Developer Agreement, you agree to indemnify and hold harmless Squarespace and its affiliates and its and their directors, officers, employees and agents from and against all damages, losses, liabilities, costs, claims, demands, fines, awards, and expenses of any kind (including reasonable attorneys' fees and costs) (collectively, “Losses”) arising out of or related to: (a) your Developer Products; (b) Shared Customer Data or other Personal Information, data or content; (c) any claims from Shared Customers; (d) your violation of any Applicable Law; (e) your infringement or violation of the rights of any third party (including any rights of privacy, publicity or intellectual property); (f) your actual or alleged breach of the Developer Agreement, including your representations, warranties or obligations; or (g) any other party’s use of API or other Developer Credentials assigned to you.

16. Dispute Resolution

16.1. Applicability. This Section 16 shall apply to US Developers and Non-US Developers.

16.2. Informal Dispute Resolution. Before filing a claim against Squarespace, you agree to try to resolve the dispute (“Dispute”) informally through the informal dispute resolution (“IDR”) process set forth in this Section.

16.2.1. The party initiating an IDR must first send a written description of the Dispute to the other party (“Notice of Dispute”) containing: (a) the email address associated with your Developer Account; (b) your name; (c) a description of the nature or basis of the claim or Dispute with sufficient detail for the other party to assess its merits; and (d) the specific relief sought. For any IDR that you initiate, you agree to send the Notice of Dispute to Squarespace at legal@squarespace.com. For any IDR that Squarespace initiates, we will send our Notice of Dispute to the email you use for your Developer Account. The Notice of Dispute and each IDR must be initiated and proceed on an individual basis.

16.2.2. You and Squarespace agree, following receipt of the Notice of Dispute, to negotiate in good faith and try to resolve the Dispute through an informal telephonic dispute resolution conference (“IDR Conference”). Such IDR Conferences shall be individualized such that a separate conference must be held each time either party intends to commence individual arbitration; multiple individuals initiating claims cannot participate in the same IDR Conference. If either party is represented by counsel, such party’s counsel may participate in the IDR Conference, but each party must also appear at and participate in that conference, unless otherwise agreed to in writing in advance by the other party.

16.2.3. If the Dispute is not fully resolved within sixty (60) days after the non-initiating party receives the Notice of Dispute, you and Squarespace agree to resolve any remaining aspects of the Dispute after such sixty (60)-day period through the additional dispute resolution provisions set forth below.

16.2.4. The parties agree that any applicable statute of limitations period and filing fees or other deadlines will be tolled during the IDR process set forth in this Section. The parties further agree that whether a complaining party has satisfied the requirements of the IDR process set forth in this Section, including without limitation whether a Notice of Dispute contains all required information, is an issue that can be decided by a court as a prerequisite to arbitration. Compliance with the IDR process set forth in this Section is a condition precedent to commencing arbitration pursuant to the Arbitration Agreement (as defined below).

16.3. Arbitration Agreement.

16.3.1. Unless you opt out during the Opt-Out Period in accordance with Section 16.4, you and Squarespace agree to resolve any claims, disputes and matters arising out of or in connection with these Developer Terms, the Developer Agreement (including its existence, formation, operation and termination), Developer Tools and/or Developer Products (including non-contractual disputes and matters) through final and binding arbitration, and you and Squarespace expressly waive the right to formal court proceedings (including trial by jury), except as set forth in this Section. Discovery and rights to appeal in arbitration are generally more limited than in a lawsuit, and other rights that you and we would have in court may not be available in arbitration. There is no judge or jury in arbitration, only an experienced, independent third party that will act as the arbitrator, and court review of an arbitration award is limited. Sections 16.3, 16.4, 16.5, 16.6, 16.7 and 16.10 are hereinafter referred to as this “Arbitration Agreement.”

16.3.2. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator further has the right to impose sanctions, in accordance with the Arbitration Provider Rules (as defined below), including for: (a) any frivolous claims or submissions the arbitrator determines have not been filed in good faith; or (b) a party’s failure to comply with this Section 16. For avoidance of doubt, the right to impose sanctions includes the right to shift arbitration fees if permitted by the Arbitration Provider Rules.

16.3.3. Any arbitration demand or counterclaim asserted by either party must contain sufficient information to provide fair notice to the other party of the asserting party’s identity, the claims being asserted and the factual allegations on which those claims are based, and must include proof that the claimant is party to these Developer Terms. The arbitrator may require amendment of any demand or counterclaim that does not satisfy these requirements. The arbitrator has the right to impose sanctions for any claims the arbitrator determines to be frivolous or improper (under the standard set forth in Federal Rule of Civil Procedure 11 and any similar standards in other jurisdictions), including for any claim filed on behalf of a claimant who is not a party to these Terms.

16.4. Arbitration Opt Out. You can decline (also referred to as ‘opt out’) this Arbitration Agreement by emailing us at arbitration-opt-out@squarespace.com within thirty (30) days of the date that you first agree to this Developer Agreement (the “Initial Opt-Out Period”) or within thirty (30) days of the date of the most recent changes to this Arbitration Agreement (each, a “Subsequent Opt-Out Period”), whichever is later. For the avoidance of doubt: (a) if you validly opt out pursuant to the immediately foregoing sentence, your opt out will be effective for any and all subsequent updates to this Arbitration Agreement; and (b) if you validly opt out pursuant to any Subsequent Opt-Out Period, then the version of the Arbitration Agreement prior to the change associated with your opt out will continue to govern any and all disputes between you and Squarespace. Your email must be sent from the email address you use for your Developer Account, and must include your full name, address and a clear statement that you want to opt out of arbitration. If you opt out of arbitration pursuant to this Section 16.4, then Sections 16.3, 16.5, 16.6 and 16.7 of these Developer Terms do not apply to you. This opt out doesn’t affect any other sections of these Developer Terms, including Sections 16.9 (Time for Filing), 16.10 (Class Action Waiver) and 17.1 (Controlling Law; Judicial Forum for Disputes), or any other section of the Developer Agreement. You agree that, if this Developer Agreement is ever modified (in accordance with Section 8.4) to remove this Arbitration Agreement (thereby, restoring the right to proceed in court), then no opt out from that change will be required. Failure to opt out of this Arbitration Agreement in accordance with this Section shall constitute acceptance of this Arbitration Agreement. If you have any questions about this process, please contact legal@squarespace.com.

16.5. Arbitration Time For Filing. Any arbitration must be commenced by filing a demand for arbitration within one (1) year after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim. If Applicable Law prohibits a one (1) year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by Applicable Law.

16.6. Arbitration Procedures. The arbitration will be administered, depending on whether you’re a US Developer or Non-US Developer (as further set forth in this Section 16.6), by either National Arbitration and Mediation (“NAM”) or the London Court of International Arbitration (“LCIA”), and in each case resolved before a single arbitrator. “Arbitration Provider” shall mean NAM and LCIA. If the applicable Arbitration Provider is not available to arbitrate, the parties will mutually agree on an alternative arbitration provider. Except as modified by this Section 16, the applicable Arbitration Provider will administer the arbitration in accordance with its dispute resolution rules and procedures in effect at the time any demand for arbitration is filed (collectively, “Arbitration Provider Rules”), including those rules and procedures relating to mass arbitration filings, but excluding any rules or procedures governing or permitting class or representative actions. Each party is responsible for its own attorneys’ fees, except to the extent otherwise provided by the Arbitration Provider Rules, the arbitrator and/or Applicable Law. The arbitrator must follow this Agreement and can award the same damages and relief as a court (including reasonable attorneys’ fees and costs), except that the arbitrator may not award declaratory or injunctive relief benefiting anyone but the parties to the arbitration. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. “Arbitrator” as used in this Section 16 shall be understood to include the Arbitration Provider. Subject to the Arbitration Provider Rules, the parties agree that the arbitrator may allow the filing of dispositive motions if such filing may efficiently resolve or narrow issues in dispute.

16.6.1. US Developers. If you are a US Developer, you and Squarespace agree that: (a) the these Developer Terms and the Developer Agreement affects interstate commerce, so the US Federal Arbitration Act and federal arbitration law apply and govern the interpretation and enforcement of this Section 16 (despite Section 17.1 below); and (b) any arbitration hearings shall occur in the County where you reside (or if no NAM arbitrator is available in that County, than at the closest NAM arbitration location available in the state where you reside), be administered by NAM in English, and be settled by one (1) commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of NAM arbitrators in accordance with the NAM Rules (as defined below). Certain states require such state’s substantive law govern in an arbitration (for example, without limitation, California), and notwithstanding anything in these Developer Terms and the Developer Agreement to the contrary, if you reside in such a state, you may elect to arbitrate controversies arising in your state under your state’s substantive laws instead of the applicable controlling law set forth in Section 17.1; for the avoidance of doubt, if you so elect, all other provisions of the Developer Terms and the Developer Agreement still continue to apply.

16.6.2. Non-US Developers. If you are a Non-US Developer, you and Squarespace agree that any arbitration hearings shall occur in Dublin, Ireland, be administered by LCIA in English, and be settled by one (1) commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected in accordance with the LCIA Rules (as defined below).

16.6.3. Arbitration Provider Rules. Without limiting the generality of the foregoing: (a) the applicable Arbitration Provider Rules for NAM include NAM’s Comprehensive Dispute Resolution Rules and Procedures and the Mass Filing Dispute Resolution Rules and Procedures (“NAM Rules”), and (b) the applicable Arbitration Provider Rules for LCIA include the LCIA Arbitration Rules (“LCIA Rules”). The NAM Rules are available at www.namadr.com or by emailing National Arbitration and Mediation’s Commercial Dept. at commercial@namadr.com. The LCIA Rules are available at www.lcia.org or by emailing General Enquiries at enquiries@lcia.org.

16.6.4. Severability Of Claims. If there is a final judicial determination that precludes enforcement of this Section 16’s limitations as to a particular claim, remedy, or request for relief, then such claim, remedy, or relief (and only such claim, remedy, or relief) must be severed from the arbitration and may be sought in court. The parties agree, however, that any adjudication of any remaining claims, remedies, or relief not subject to arbitration shall be stayed pending the outcome of any arbitrable claims and remedies. This Section 16.6.4 does not prevent you or Squarespace from participating in a class-wide settlement of claims.

16.7. Arbitration Fees. The Arbitration Provider Rules will govern payment of all arbitration fees. The parties agree that the Arbitration Provider has discretion where it deems appropriate to reduce the amount or modify the timing of any administrative or arbitration fees due under the applicable Arbitration Provider Rules, provided that such modification does not increase the costs to you, and you further agree that you waive any objection to such fee modification. The parties also agree that a good faith challenge by either party to the fees imposed by the Arbitration Provider does not constitute a default, waiver, or breach of this Section 16 while such challenge remains pending before an arbitrator and/or a court of competent jurisdiction, and that any and all due dates for those fees shall be tolled during the pendency of such challenge.

16.8. Exceptions To Arbitration Agreement. Notwithstanding anything in these Developer Terms, either you or Squarespace may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of our Developer Tools and/or Developer Products, or intellectual property infringement or misappropriation (for example, trademark, trade secret, copyright or patent rights), including with respect to Brand Assets and Marks, without first engaging in arbitration or the IDR process described above. Seeking such relief does not constitute a default, waiver or breach of this Section 16 (including any rights in this Section 16), and any filed arbitrations related to any action filed pursuant to this paragraph shall automatically be stayed (and any applicable statute of limitations tolled) pending the outcome of such action.

16.8.1. US Developers. If you are a US Developer, either you or Squarespace may assert claims, if they qualify, in small claims court in New York, New York or any US county where you reside or work.

16.8.2. Non-US Developers. If you are a Non-US Developer, either you or Squarespace may assert claims, if they qualify, in small claims court in Dublin, Ireland or any county in Ireland where you reside or work.

16.9. Time For Filing. Any claim not subject to arbitration must be commenced within one (1) year after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim. If Applicable Law prohibits a one (1) year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by Applicable Law.

16.10. CLASS ACTION WAIVER. You and Squarespace acknowledge and agree that, to the fullest extent permitted by applicable law: (a) any legal proceeding (whether arbitration or court action) shall be conducted in an individual capacity only and not as a class or other representative action; and (b) the adjudicator (including as applicable, the arbitrator, judge or magistrate) may award relief only in favor of the individual party seeking relief and only to the extent necessary to resolve an individual party’s claim. Notwithstanding this acknowledgement and agreement, you agree that any arbitrations initiated under the Arbitration Agreement may proceed on a consolidated basis if Squarespace provides its consent to such consolidation in writing.

17. Additional Terms

17.1. Controlling Law; Judicial Forum For Disputes.

17.1.1. US Developers. If you are a US Developer, the Developer Agreement (including its existence, formation, operation and termination) and our Developer Tools as well as all disputes and matters arising out of or in connection with the Developer Agreement and our Developer Tools (including non-contractual disputes and matters) shall be governed in all respects by the laws of the State of New York, without regard to its conflict of law provisions, except that the Federal Arbitration Act (“FAA”) shall prevail to the extent that there exists any conflict between the FAA and the laws of the State of New York with respect to Section 16. If Section 16 is found not to apply to you or your claim, you and Squarespace agree that any judicial proceeding (other than small claims actions) arising out of or in connection with the Developer Agreement (including its existence, formation, operation and termination) and/or our Developer Tools (including non-contractual disputes and matters) must be brought exclusively in the federal or state courts of New York, New York and you and Squarespace consent to venue and personal jurisdiction in such courts.

17.1.2. Non-US Developers. If you are a Non-US Developer, the Developer Agreement (including its existence, formation, operation and termination) and our Developer Tools as well as all disputes and matters arising out of or in connection with the Developer Agreement and our Developer Tools (including non-contractual disputes and matters) shall be governed in all respects by the laws of Ireland, without regard to its conflict of law provisions. If Section 16 is found not to apply to you or your claim, you and Squarespace agree that any judicial proceeding (other than small claims actions) arising out of or in connection with the Developer Agreement (including its existence, formation, operation and termination) and/or our Developer Tools (including non-contractual disputes and matters) must be brought exclusively in the courts of Ireland and you and Squarespace consent to venue and personal jurisdiction in such courts.

17.2. Third Party Beneficiaries, Entire Agreement, Waiver, Severability and Assignment. The Developer Agreement creates no third party beneficiary rights (express or implied). Except as expressly set forth otherwise in the Developer Agreement, the Developer Agreement constitutes the entire agreement between you and Squarespace with respect to the subject matter of the Developer Agreement, including our Developer Tools, and supersedes and replaces any other prior to contemporaneous agreements, or terms and conditions applicable to the subject matter of the Developer Agreement. You agree that you have not relied upon, and have no remedies in respect of, any term, condition, statement, warranty or representation except those expressly set out in the Developer Agreement. Our failure to enforce any provision of the Developer Agreement is not a waiver of our right to do so later. If any provision of the Developer Agreement is found unenforceable, the remaining provisions will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not delegate, transfer or assign the Developer Agreement or any of your rights or obligations under the Developer Agreement without our prior written consent, and any such attempt will be of no effect. We may delegate, transfer or assign the Developer Agreement or some or all of our rights and obligations under the Developer Agreement, in our sole discretion, to any of our affiliates, to any successor in interest of any business associated with our Developer Tools, or to any purchaser of any of our business or assets associated with our Developer Tools, with or without notice.

17.3. Events Beyond Our Control. We are not in breach of the Developer Agreement or liable to you if there is any total or partial failure of performance resulting from any act, circumstance, event or matter beyond our reasonable control. This may include where such failure results from any act of God, fire, act of government or state or regulation, war, civil commotion, terrorism, insurrection, pandemic or widespread health emergency, inability to communicate with third parties for whatever reason, failure of any computer or other system, failure or delay in transmission of communications, failure of any internet service provider, strike, industrial action or lock-out or any other reason beyond our reasonable control.

17.4. Publicity. Except as expressly otherwise set forth in the Developer Agreement or expressly authorized in writing in advance by Squarespace: (a) you will not use Squarespace’s Brand Assets, Marks or other materials in a way that implies partnership, sponsorship or endorsement by, or affiliation with, Squarespace; (b) you will not create or use a Mark that is confusingly similar to our Brand Assets or Marks; (c) your use of Squarespace’s Brand Assets and Marks is subject to our Brand Guidelines; (d) you will not, without our prior written consent (please reach out via our press contact form), publicize or release external announcements, including press releases, support guides, advertisements or other materials, related to your Developer Product, its integration with our Services or your use of our Developer Tools; and (e) where you use our Brand Assets or Marks, to prevent confusion, you must prominently display or link to a notice which states clearly that the Brand Asset or Mark is a trademark of Squarespace, Inc. and that Squarespace does not endorse your Developer Product and is not affiliated with you.

17.5. Translation. These Developer Terms were originally written in English. We may translate these Developer Terms into other languages. In the event of a conflict between a translated version and the English version, the English version will control except where prohibited by Applicable Law.

17.6. Interpretation. Whenever the words “include,” “includes” or “including” are used in the Developer Agreement, they shall be deemed to be followed by the words “without limitation.”