Please read these terms carefully
These Terms of Service (the “Terms”) form a binding legal agreement between Grabdemo LLC, a Georgia limited liability company doing business as “grabdemo,” with its principal place of business in Norcross, Georgia, United States (“grabdemo,” “we,” “us,” or “our”), and the individual or entity that accesses or uses the Services (“you” or “your”).
By clicking “I agree,” creating an account, installing the Browser Extension, executing an Order Form that references these Terms, or otherwise accessing or using the Services, you accept these Terms and represent that you have the authority to bind the entity on whose behalf you are acting. If you do not agree, you must not access or use the Services.
SECTION 32 (LIMITATION OF LIABILITY) LIMITS OUR LIABILITY TO YOU. SECTION 35 (DISPUTE RESOLUTION AND GOVERNING LAW) GOVERNS HOW DISPUTES BETWEEN US ARE RESOLVED AND REQUIRES THAT DISPUTES BE BROUGHT EXCLUSIVELY IN GEORGIA. SECTION 8 (RECORDING AND CONSENT) PLACES IMPORTANT LEGAL OBLIGATIONS ON YOU REGARDING WHAT YOU RECORD AND CAPTURE. PLEASE READ THESE SECTIONS CAREFULLY.
1. Definitions
Capitalized terms have the meanings set out below or where first defined in these Terms.
- 1.1 “Account” means the account created by or for you to access the Services, including any Workspace associated with it.
- 1.2 “Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control with a party, where “control” means ownership of more than fifty percent (50%) of the voting interests or the power to direct the management and policies of that entity, whether by contract or otherwise.
- 1.3 “Aggregated Data” means data and information related to the provision, use, and performance of the Services that is de-identified and aggregated such that it does not identify you, any Authorized User, any Viewer, or any natural person, and cannot reasonably be used to do so.
- 1.4 “Authorized User” means an individual whom you (or an Administrator acting on your behalf) authorize to access and use the Services under your Account, including your employees, contractors, and agents.
- 1.5 “Administrator” means an Authorized User designated with elevated permissions to manage a Workspace, including the ability to invite, suspend, and remove Authorized Users and to access Customer Content within that Workspace.
- 1.6 “Beta Features” means any features, functionality, integrations, or environments made available to you that are identified as alpha, beta, preview, early access, experimental, evaluation, or similar, including the Services in their entirety during the Public Beta Period.
- 1.7 “Browser Extension” means the grabdemo browser extension or add-on made available for Chrome, Edge, or other supported browsers, together with any updates to it.
- 1.8 “Customer Content” means all data, recordings, screen captures, images, video, audio, text, annotations, tooltips, hotspots, branding, links, files, and other materials that you or your Authorized Users record, upload, create, generate, transmit, or otherwise make available through the Services, including all Demos and all Captured Material.
- 1.9 “Captured Material” means any content appearing within, or captured as part of, a screen recording or capture made using the Services — including the contents of web pages, applications, documents, dashboards, notifications, browser tabs, audio, camera imagery, and any third-party materials or Personal Data visible or audible at the time of capture.
- 1.10 “Demo” means an interactive product demonstration, guided walkthrough, tour, or similar artifact created, edited, hosted, or published through the Services.
- 1.11 “Documentation” means the then-current user guides, help center articles, technical documentation, and usage policies that we make generally available for the Services.
- 1.12 “Engagement Data” means data generated by the Services concerning interactions with a Demo, including views, view duration, step completion, drop-off points, click paths, referrer, device and browser type, approximate geographic location derived from IP address, and any identifying information a Viewer voluntarily submits through a form or lead-capture element you configure.
- 1.13 “Free Plan” means any tier of the Services made available at no charge, including during the Public Beta Period.
- 1.14 “Order Form” means an ordering document, online checkout flow, subscription selection, or written or electronic order executed by or on behalf of you and us that references these Terms and specifies the Services ordered, the Subscription Term, and the Fees.
- 1.15 “Personal Data” means any information relating to an identified or identifiable natural person, as further defined in applicable Privacy Laws.
- 1.16 “Privacy Laws” means all applicable laws relating to privacy, data protection, electronic communications, or the recording or interception of communications, including the EU and UK General Data Protection Regulation (“GDPR”), the California Consumer Privacy Act as amended by the CPRA (“CCPA”), and applicable federal and state wiretap and two-party consent statutes.
- 1.17 “Privacy Policy” means our privacy policy, as published on our website and updated from time to time, which is incorporated into these Terms by reference. A current copy is available on request from contact@grabdemo.com.
- 1.18 “Public Beta Period” means the period during which we designate the Services, in whole or in part, as being in public beta.
- 1.19 “Services” means, collectively, the grabdemo web application, the Browser Extension, the Demo hosting and sharing infrastructure, the APIs, the Documentation, and any related software, features, updates, and support we make available, but excluding Third-Party Services.
- 1.20 “Subscription Term” means the initial subscription period specified in your Order Form and each subsequent renewal period.
- 1.21 “Third-Party Services” means any product, service, application, integration, website, or content provided by a third party that interoperates with, is linked from, or is made available through the Services.
- 1.22 “Viewer” means any person who accesses, views, or interacts with a Demo, whether or not that person has an Account.
- 1.23 “Competitor” means a person or entity that offers, or is actively developing for commercial release, a product or service whose principal function is the creation, hosting, or distribution of interactive product demonstrations, guided product walkthroughs, or product tours. A person is not a Competitor merely because it offers screen-recording, video-hosting, analytics, or sales-enablement functionality generally.
- 1.24 “Workspace” means a distinct environment within the Services in which Customer Content is organized and to which Authorized Users are granted access.
2. The Services
2.1 Description. The Services allow you to record and capture your screen and application workflows, to convert those recordings into interactive Demos (including through automated and AI-assisted enhancement such as hotspots, tooltips, annotations, and step segmentation), to host and share those Demos via links or embeds, and to view Engagement Data about how Viewers interact with them.
2.2 Nature of the Relationship. We provide the Services as a hosted software-as-a-service offering. Except where expressly stated, no software is sold or transferred to you, and all rights not expressly granted are reserved. The Services are provided for your internal business purposes and, where applicable, for the promotion of your own products and services.
2.3 No Professional Advice. The Services, including any AI Features, do not constitute legal, financial, medical, regulatory, or other professional advice, and must not be relied upon as such.
2.4 Changes to the Services. We may add, modify, deprecate, or discontinue features of the Services as described in Section 34.
3. Eligibility
3.1 Minimum Age. The Services are not directed to children. You must be at least eighteen (18) years old — or the age of legal majority in your jurisdiction, if higher — to create an Account or use the Services. By using the Services you represent and warrant that you meet this requirement.
3.2 No Use by Minors. We do not knowingly collect Personal Data from anyone under the age of sixteen (16). The Services must not be used to create or distribute Demos directed to children under thirteen (13), and Demos directed to individuals aged thirteen (13) to fifteen (15) are permitted only where you comply with Section 10.6. If we learn that we have collected Personal Data from a child in violation of applicable law, we will delete it. If you believe a child has provided us Personal Data, contact us at contact@grabdemo.com.
3.3 Capacity and Authority. You represent that you have full legal capacity to enter into these Terms and, if you are accepting on behalf of an entity, that you are authorized to bind that entity. In that case, “you” refers to that entity.
3.4 Restricted Persons. You may not use the Services if you are barred from doing so under the laws of the United States or any other applicable jurisdiction, if your Account was previously terminated by us for cause under Section 30.4 and has not been reinstated, or if you are a Restricted Party as described in Section 27. A temporary suspension under Section 29 that has been lifted does not make you ineligible.
3.5 Competitors. You may not access the Services for the purpose of building a competing product or service, benchmarking, or monitoring the Services’ availability, performance, or functionality for competitive purposes.
4. Account Registration, Security, and Authority
4.1 Accurate Information. You agree to provide accurate, current, and complete registration information and to keep it updated. We may refuse, suspend, or reclaim any Account or username at our reasonable discretion.
4.2 Credentials. You are responsible for maintaining the confidentiality of your Account credentials, API keys, and share links, and for all activity that occurs under your Account, whether or not authorized by you. You must use reasonable measures, including strong and unique passwords and, where offered, multi-factor authentication.
4.3 Notification. You must notify us promptly at contact@grabdemo.com of any actual or suspected unauthorized access to or use of your Account or the Services.
4.4 Domain-Based Membership. If you register using an email address on a domain controlled by an organization, that organization may claim your Account and Workspace and assume administrative control over it, including the ability to access, modify, export, restrict, or delete Customer Content and to remove your access. We will notify you at least fourteen (14) days before this occurs and give you the opportunity to export Customer Content or to migrate your Account to a personal email address. You acknowledge and instruct that a transfer made in accordance with this Section is authorized by you and is not a breach of Section 9.1 or Section 23 by us. Do not use a work email address for an Account containing content you do not want your employer to control.
4.5 Responsibility for Authorized Users. You are responsible for your Authorized Users’ compliance with these Terms and for all acts and omissions of your Authorized Users as if they were your own.
5. Grant of Access; License; Restrictions
5.1 Access Grant. Subject to your compliance with these Terms and payment of all applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable right — revocable only in accordance with Sections 29 and 30 — to access and use the Services during the Subscription Term for your internal business purposes and for the creation, hosting, and distribution of Demos in accordance with these Terms.
5.2 Browser Extension License. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license — revocable only in accordance with Sections 29 and 30 — to install and use the Browser Extension on devices you own or control, solely in connection with the Services. This license terminates automatically when your right to use the Services terminates.
5.3 Restrictions. You will not, and will not permit any Authorized User or third party to:
- (a) copy, modify, translate, or create derivative works of the Services or any part of them;
- (b) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, underlying ideas, algorithms, models, weights, prompts, or structure of the Services, except to the extent this restriction is expressly prohibited by applicable law;
- (c) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, time-share, or otherwise make the Services available to any third party, or use the Services in a service bureau or outsourcing capacity, except that you may share Demos with Viewers as the Services are designed to permit;
- (d) remove, obscure, or alter any proprietary notice, watermark, attribution, or the grabdemo badge except where these Terms or your plan expressly permit;
- (e) access the Services in order to build, train, or improve a competing or substantially similar product or service, or to copy any feature, function, interface, or design of the Services;
- (f) use any robot, spider, scraper, headless browser, or other automated means to access the Services or to extract data from them, other than through documented APIs in accordance with their rate limits;
- (g) circumvent or attempt to circumvent any usage limit, quota, entitlement, seat count, authentication, access control, rate limit, or technical protection measure;
- (h) probe, scan, load-test, penetration-test, or attempt to breach the security or integrity of the Services or any related network or system without our prior express written authorization (see Section 24.3);
- (i) introduce or transmit any virus, worm, trojan horse, ransomware, time bomb, or other malicious or harmful code;
- (j) interfere with or disrupt the integrity or performance of the Services or the data contained in them, or impose an unreasonable or disproportionately large load on our infrastructure;
- (k) use the Services to develop, train, fine-tune, or evaluate any machine learning or artificial intelligence model, other than as an incidental part of your permitted use;
- (l) use the Services in violation of any applicable law, regulation, or third-party right, including as described in Sections 8 and 14; or
- (m) permit anyone other than Authorized Users to use credentials issued to you.
5.4 Reservation of Rights. Except for the limited rights expressly granted in these Terms, we and our licensors retain all right, title, and interest in and to the Services. No rights are granted by implication, estoppel, or otherwise.
5.5 Verification. We may use technical and administrative means to verify your compliance with these Terms, including seat counts, usage volumes, and entitlement limits. If we identify usage in excess of your entitlements, we may invoice you for the excess at our then-current rates, in addition to our other remedies.
5.6 API Access. Where we make application programming interfaces available:
- (a) License. We grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access the APIs solely to interoperate with the Services for your internal business purposes, subject to the Documentation and these Terms.
- (b) Credentials. API keys and tokens are your Confidential Information and must be kept secret, must not be embedded in client-side code or public repositories, and must not be shared with third parties. You are responsible for all activity conducted with your credentials. We may revoke or rotate credentials that we reasonably believe are compromised or misused.
- (c) Rate Limits and Fair Use. API use is subject to the rate limits, quotas, and fair-use thresholds published in the Documentation or specified in your Order Form. We may throttle, queue, or refuse requests that exceed those limits or that degrade the Services for others. Excess usage may be billed under Section 15.14.
- (d) Data Retrieved via API. Data you retrieve through the APIs remains subject to Sections 8, 11, 14, and 22. You must delete API-retrieved Personal Data when it is no longer needed for the purpose for which it was retrieved and must apply security measures no less protective than those described in Section 24.
- (e) Changes. APIs may change. We will version APIs where practicable and will handle deprecations under Section 25.4. We are not liable for any integration you build that ceases to function as a result of a permitted change.
- (f) Prohibited API Use. You must not use the APIs to circumvent plan entitlements, to replicate the Services, to bulk-export Customer Content of another customer, or in violation of Section 5.3.
6. Authorized Users and Workspace Administration
6.1 Seats and Provisioning. Access is licensed on a per-seat or per-Workspace basis as specified in your Order Form or plan. Seats may be reassigned to a new Authorized User when the prior Authorized User no longer requires access, but may not be shared concurrently.
6.2 Administrator Powers. You acknowledge that Administrators may access, monitor, modify, restrict, export, and delete Customer Content within their Workspace, may change Account settings and share permissions, and may add or remove Authorized Users. We are not responsible for the acts or omissions of your Administrators, and disputes between you and your Administrators are your responsibility to resolve.
6.3 Deprovisioning. You are responsible for promptly removing Authorized Users who no longer require access, including departing personnel. Demos and share links created by a removed Authorized User remain accessible according to their configured sharing settings until you change those settings.
6.4 Guests and Collaborators. Where the Services allow you to invite external collaborators or guests, you are responsible for what you disclose to them and for ensuring appropriate confidentiality arrangements are in place.
7. The Browser Extension
7.1 Permissions. The Browser Extension requires browser permissions in order to function, which may include the ability to capture the contents of a tab, window, or screen you select; to read page structure in order to generate hotspots and step boundaries; to inject overlays; and to communicate with our servers. The permissions in effect are described in the Documentation and disclosed by your browser at installation. You are responsible for reviewing them and for confirming that installing the Browser Extension is permitted by your organization’s IT, security, and endpoint policies.
7.2 Scope of Capture. The Browser Extension captures only what you direct it to capture and while capture is active. You are solely responsible for what is on your screen, in your tabs, in your notifications, and in your audio and camera feeds at the time of capture. See Section 8.
7.3 Updates. The Browser Extension may update automatically through your browser’s extension store or through our update mechanism. You agree to receive such updates. We are not obligated to support outdated versions, and features may not function correctly if you disable updates.
7.4 Browser Store Terms. Your installation and use of the Browser Extension is additionally subject to the terms and policies of the applicable browser or extension marketplace. Those marketplaces are Third-Party Services. Where their terms conflict with these Terms as to your relationship with the marketplace, their terms govern that relationship; as between you and us, these Terms govern.
7.5 Local Processing. Some processing may occur locally on your device. You are responsible for the security, configuration, and lawful operation of the devices, browsers, networks, and operating systems you use with the Services.
7.6 Removal. You may uninstall the Browser Extension at any time through your browser. Uninstalling does not delete Customer Content already stored in the Services, cancel a paid subscription, or terminate these Terms.
8. Recording, Capture, and Consent — Your Obligations
This Section is fundamental to your use of the Services. Read it carefully.
8.1 You Control What Is Captured. We provide a recording and capture tool. We do not select, direct, review, or curate what you record. You alone determine what appears on your screen, what applications and data are visible, whether audio or camera is enabled, and who is present.
8.2 Rights and Consents. You represent, warrant, and covenant that, for all Captured Material and all Customer Content, you have and will maintain all rights, licenses, permissions, and consents necessary to record, capture, reproduce, edit, store, transmit, host, publish, and share that material through the Services, and to grant us the licenses in Section 9.3. This includes, without limitation:
- (a) Consent of individuals. The informed consent of every identifiable individual whose voice, image, likeness, name, or Personal Data appears in Captured Material, obtained in a manner that satisfies all applicable Privacy Laws, including any “all-party” or “two-party” consent requirements applicable to the recording of communications in the relevant jurisdictions;
- (b) Third-party software and content. All necessary rights to display and reproduce any third-party software interfaces, websites, dashboards, documents, trademarks, logos, artwork, music, fonts, or other copyrighted or trademarked material visible or audible in Captured Material, including compliance with the terms of service of any third-party product you record;
- (c) Employer and customer authorization. Any authorization required from your employer, your customers, or any data controller whose systems or data you record; and
- (d) Regulated data. All rights and lawful bases required to capture any regulated data. You must not capture, upload, or process through the Services any protected health information subject to HIPAA, payment card data subject to PCI-DSS, government-issued identification numbers, biometric identifiers, precise geolocation, children’s data, or any data subject to heightened statutory protection, unless we have expressly agreed in writing to support such data and, where required, executed an appropriate written agreement with you. We do not act as a HIPAA Business Associate absent a signed Business Associate Agreement.
8.3 Redaction Is Your Responsibility. Where the Services offer blurring, masking, redaction, text replacement, or similar tools, those tools are provided as a convenience and on an as-is basis. They may fail to detect or fully obscure sensitive information. You are solely responsible for reviewing every Demo before publishing or sharing it and for confirming that it does not disclose confidential, personal, proprietary, or regulated information. We disclaim all liability arising from information you disclose in a Demo, whether or not you attempted to redact it.
8.4 Inadvertent Capture. You acknowledge that screen recording can inadvertently capture notifications, open tabs, bookmarks, file names, email previews, message contents, credentials, browser autofill, and other information. You assume all risk of such inadvertent capture.
8.5 Controller Status. As between you and us, you are the controller (or business) with respect to Personal Data contained in Customer Content, and we act as processor (or service provider) on your documented instructions, as further described in Section 22.
8.6 Enforcement. We may, but are not obligated to, remove or disable access to any Demo or Captured Material that we reasonably believe violates this Section, these Terms, or applicable law, or that is the subject of a credible complaint.
9. Customer Content and Demos
9.1 Ownership. As between you and us, you retain all right, title, and interest in and to Customer Content, including all intellectual property rights in it. We claim no ownership over Customer Content.
9.2 Responsibility. You are solely responsible for Customer Content, including its legality, accuracy, quality, appropriateness, and for obtaining all rights described in Section 8.
9.3 License to Us. You grant us and our subprocessors a worldwide, non-exclusive, royalty-free, fully paid-up, sublicensable (solely to subprocessors and infrastructure providers acting on our behalf) license to host, store, cache, copy, transmit, reproduce, adapt, reformat, transcode, index, analyze, create derived technical artifacts from, publicly perform, publicly display, and distribute Customer Content, solely to the extent necessary to: (a) provide, maintain, secure, and support the Services to you and to deliver Demos to Viewers you authorize; (b) generate Engagement Data and analytics for you; (c) perform AI-assisted enhancement you request; (d) prevent or address technical, security, abuse, or legal issues; and (e) comply with law. This license terminates when the relevant Customer Content is deleted from the Services, subject to the residual backup period described in Section 30.6 and any retention required by law.
9.4 No Model Training on Customer Content. We will not use Customer Content — including Captured Material, transcripts, and Outputs generated from them — to train, fine-tune, evaluate, or otherwise improve any machine learning or artificial intelligence model, whether our own or a third party’s, and whether or not the model is made generally available. We contractually require our AI subprocessors to make the same commitment. The only exceptions are: (a) where you expressly opt in in writing or through a clearly labeled setting, which you may revoke prospectively at any time; and (b) automated classifiers used solely to detect abuse, malware, or violations of Section 14, the outputs of which are not used to improve any customer-facing generative model. This Section does not restrict our use of Aggregated Data under Section 9.5. This Section survives termination.
9.5 Aggregated Data. We may generate and use Aggregated Data for any lawful business purpose, including improving, benchmarking, securing, and marketing the Services. Aggregated Data will not identify you, any Authorized User, or any Viewer, and will not be presented in a manner that reveals your Customer Content.
9.6 No Obligation to Monitor. We have no obligation to pre-screen, monitor, edit, or review Customer Content, but we reserve the right to do so and to remove, restrict, or disable access to Customer Content that we reasonably determine violates these Terms, our policies, or applicable law, or that creates risk or liability for us. Any such review does not create an obligation to review, and we are not liable for failing to remove any particular content.
9.7 Storage Limits and Retention. Storage, bandwidth, recording length, Demo count, and viewer volume may be subject to plan limits described in the Documentation or your Order Form. We may enforce those limits, including by refusing new uploads, throttling delivery, or deleting content that exceeds them on at least thirty (30) days’ prior notice giving you the opportunity to export or to upgrade. We are not an archival service and do not guarantee retention of any Customer Content beyond what your plan specifies.
9.8 Backups. You are responsible for maintaining your own copies of source recordings and other materials you consider important. Our backups are for our operational continuity and are not a substitute for your own backup practices.
10. Shared Demos and Viewers
10.1 Sharing Controls. The Services allow you to publish Demos via public links, embeds, password protection, email gating, domain allowlists, or other controls we make available. Unless you configure access restrictions, a Demo share link is accessible to anyone who has the URL and may be indexed by search engines. You are responsible for selecting and correctly configuring appropriate access controls.
10.2 Viewers Are Not Parties to Your Agreement. Viewers are not our customers by virtue of viewing a Demo. Their use of a Demo is governed by these Terms as applicable to Viewers and by our Privacy Policy. You are responsible for any additional notice, consent, cookie banner, or terms you are required to present to Viewers under applicable law in connection with your Demo, including in respect of any lead-capture form you configure.
10.3 No Endorsement. Demos are your content, not ours. We do not endorse, verify, or take responsibility for any claim, representation, warranty, pricing, or offer made in a Demo. You must not represent or imply that grabdemo endorses your products, statements, or business.
10.4 Viewer Conduct. Viewers must not attempt to circumvent access controls on a Demo, scrape or bulk-download Demos, reverse engineer the Demo player, or use a Demo in violation of Section 14.
10.5 Takedown Requests. If you receive a complaint about a Demo, you are responsible for addressing it. We may act on complaints directed to us as described in Sections 8.6, 26, and 29.
10.6 Viewer Terms. By accessing a Demo, a Viewer agrees to Sections 10.4, 14.2, 14.3, 19, 31, 32, and 35 of these Terms, which are made available to Viewers through a link in the Demo player and at the address at which these Terms are published. No other provision of these Terms applies to a Viewer, and Section 3.1 (minimum age for Account holders) does not apply to Viewers. You are responsible for ensuring that any Demo you direct at, or that is reasonably likely to be accessed by, individuals under the age of sixteen (16) complies with all applicable children’s privacy laws, and for disabling Engagement Data collection where required. If a Viewer does not agree to the applicable terms, the Viewer’s sole remedy is to stop accessing the Demo.
11. Analytics and Engagement Data
11.1 Collection. The Services collect Engagement Data when Viewers interact with your Demos, and make that data available to you through the Services.
11.2 Your Obligations. Engagement Data may constitute Personal Data. You are responsible for: (a) providing all legally required notices to Viewers regarding tracking, cookies, and analytics; (b) obtaining any required consent, including under the ePrivacy Directive and similar laws, before tracking technologies are set on a Viewer’s device where you control that determination; (c) honoring applicable opt-out signals and data subject rights requests; and (d) using Engagement Data lawfully, including in any downstream sales, marketing, enrichment, or CRM activity.
11.3 Prohibited Uses of Engagement Data. You must not use Engagement Data to unlawfully surveil individuals, to make decisions producing legal or similarly significant effects about a natural person, to build profiles for sale to data brokers, or in any manner prohibited by Privacy Laws.
11.4 Accuracy. Engagement Data is provided for informational purposes and may be incomplete or inaccurate due to ad blockers, privacy settings, network conditions, bot traffic, or other factors outside our control. We do not warrant its accuracy and it should not be used as a system of record.
11.5 Our Use. We process Engagement Data as your processor to provide the Services to you, and may also use it in de-identified and aggregated form as described in Section 9.5.
11.6 Ownership and Export. As between you and us, you own the Engagement Data generated in respect of your Demos, and Engagement Data is treated as Customer Content for the purposes of Sections 9.1, 9.3, 9.4, 22, 23, and 30.6. We retain ownership of the software, models, and methods used to generate it. You may export Engagement Data through the Services or the APIs at any time during your Subscription Term and during the Retrieval Period under Section 30.6. We may retain Engagement Data for the retention period stated in the Documentation or your plan, after which it may be deleted or irreversibly aggregated.
12. AI Features and Outputs
12.1 AI Features. Certain functionality uses artificial intelligence, machine learning, or automated processing — including automatic step detection, hotspot placement, tooltip and caption generation, transcription, summarization, translation, and content suggestions (collectively, “AI Features”). Some AI Features may be powered by third-party model providers acting as our subprocessors, identified in the subprocessor list described in Section 22.4.
12.2 Outputs. Content generated by AI Features (“Outputs”) is provided as is. As between you and us, Outputs generated for you are Customer Content, and we assign to you all right, title, and interest we may have in them, subject only to our retained rights in the Services themselves under Section 5.4. You acknowledge that Outputs may not be unique, that similar or identical Outputs may be generated for other customers from similar inputs, and that in some jurisdictions AI-generated material may not be protectable by copyright at all — accordingly, we make no representation that you can obtain or enforce exclusive rights in any Output.
12.3 No Guarantee of Accuracy. AI systems can produce results that are inaccurate, incomplete, misleading, biased, offensive, or that misidentify elements of your interface. You must review all Outputs before relying on or publishing them. You are solely responsible for verifying that any Output is accurate, appropriate, non-infringing, and suitable for your use.
12.4 Your Inputs. You must not submit to AI Features any content you lack the right to submit, any content in violation of a third-party model provider’s usage policies, or any sensitive data prohibited by Section 8.2(d).
12.5 Disclosure. You are responsible for making any disclosure to Viewers, employees, or regulators that applicable law requires regarding the use of AI-generated or AI-assisted content, including under the EU AI Act and comparable transparency requirements.
12.6 Changes. AI Features may change, degrade, be rate-limited, or be withdrawn at any time, including as a result of changes by third-party model providers. AI Features may be offered as Beta Features under Section 13.
13. Public Beta, Free Plan, and the grabdemo Badge
13.1 Public Beta. The Services may be offered, in whole or in part, during a Public Beta Period. Beta Features and the Services during the Public Beta Period are provided “AS IS” and “AS AVAILABLE,” without any warranty, indemnity, service level, or support commitment of any kind, and may be unstable, incomplete, changed, or discontinued at any time without notice, including in ways that result in loss of Customer Content. Our aggregate liability arising from your use of Beta Features is limited as set out in Section 32.
13.2 Free Plan. We may offer a Free Plan. The Free Plan is provided at no charge and, notwithstanding anything to the contrary, is provided AS IS, with no warranty, no indemnity, no service level, and limited or no support. We may modify, limit, suspend, or terminate the Free Plan, or any Free Plan Account, at any time for any reason, with or without notice. Free Plan usage may be subject to caps on recordings, Demos, storage, views, seats, retention, and feature access.
13.3 Attribution Badge. Free Plan and certain lower-tier plans may display a “Powered by grabdemo” badge, watermark, or link on Demos. You may not remove, hide, obscure, cover, disable, or alter that badge except on plans that expressly permit its removal. Attempting to remove it by technical means is a material breach of these Terms.
13.4 Inactive Free Accounts. We may deactivate and delete Free Plan Accounts and their Customer Content after a period of inactivity of at least ninety (90) days, following at least one notice to the email address on the Account.
13.5 Feedback During Beta. Feedback you provide about Beta Features is governed by Section 20.
14. Acceptable Use and Prohibited Conduct
14.1 General Standard. You will use the Services lawfully, responsibly, and in accordance with these Terms, the Documentation, and any acceptable use policy we publish.
14.2 Prohibited Content. You will not record, upload, create, host, share, or transmit through the Services any content that:
- (a) infringes or misappropriates any patent, copyright, trademark, trade secret, moral right, right of publicity, or other intellectual property or proprietary right;
- (b) is unlawful, defamatory, libelous, fraudulent, deceptive, or constitutes an unfair or deceptive trade practice;
- (c) is obscene, pornographic, or sexually explicit, or that sexualizes, exploits, or endangers minors in any way;
- (d) promotes or facilitates violence, terrorism, self-harm, human trafficking, or illegal weapons, drugs, or goods;
- (e) constitutes hate speech or harassment, or that threatens, bullies, or targets any individual or group;
- (f) discloses another person’s Personal Data, credentials, or confidential information without lawful basis and consent;
- (g) impersonates any person or entity, or misrepresents your affiliation with any person or entity, including grabdemo;
- (h) contains malicious code, phishing content, deceptive login screens, fake payment forms, or content designed to induce a Viewer to disclose credentials, payment details, or other sensitive information;
- (i) simulates or imitates the interface of a third party in a manner likely to deceive a Viewer as to the source or authenticity of the interface; or
- (j) violates any applicable law or regulation, including securities, gambling, export, consumer protection, advertising, or health care laws.
14.3 Prohibited Conduct. You will not, and will not permit any person to:
- (a) use the Services to send unsolicited commercial messages, spam, or bulk communications in violation of the CAN-SPAM Act, CASL, the ePrivacy Directive, or comparable laws;
- (b) use the Services to conduct social engineering, credential harvesting, or pretexting, whether or not framed as security testing, except pursuant to a written authorized engagement with the target organization and with our prior written consent;
- (c) generate artificial, automated, or fraudulent views, engagement, or Engagement Data;
- (d) resell, white-label, or provide the Services to third parties as a stand-alone offering without our prior written authorization;
- (e) use the Services in any high-risk environment where failure could lead to death, personal injury, or severe environmental or property damage, including the operation of aircraft, nuclear facilities, life support, or emergency services;
- (f) engage in any activity described in Section 5.3; or
- (g) encourage, enable, or assist any third party in doing any of the foregoing.
14.4 Consequences. Violation of this Section may result in removal of Customer Content, suspension or termination of your Account under Sections 29 and 30, referral to law enforcement, and liability for damages. We may also disclose relevant information to law enforcement or affected third parties where we believe in good faith it is necessary or legally required.
14.5 Reporting. To report a violation, contact contact@grabdemo.com with the Demo URL and a description of the issue.
15. Fees, Billing, Subscriptions, and Taxes
15.1 Fees. You agree to pay all fees specified in your Order Form or in the plan you select at checkout (“Fees”). Except as expressly stated in these Terms, Fees are non-refundable and payment obligations are non-cancelable.
15.2 Payment Authorization. By providing a payment method, you authorize us and our payment processors to charge that payment method for all Fees when due, including on each renewal, and you represent that you are authorized to use it. Payment processing is performed by third-party processors and is subject to their terms; we do not store full payment card numbers.
15.3 Subscriptions and Auto-Renewal. Subscriptions renew automatically at the end of each Subscription Term for a further period of the same length, at our then-current rates for your plan, unless cancelled in accordance with Section 15.6. Renewal notice for annual and longer subscriptions is given under Section 15.16. Fees are billed in advance — monthly for monthly plans and annually for annual plans — unless your Order Form states otherwise.
15.4 Invoiced Customers. Where we agree to invoice you, undisputed invoices are payable within thirty (30) days of the invoice date in U.S. dollars unless otherwise stated. A purchase order number may be referenced but no terms contained in a purchase order or vendor portal will apply.
15.5 Late Payment. Overdue amounts accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law, from the due date until paid. You are responsible for reasonable costs of collection, including attorneys’ fees, subject to Section 15.15. We may suspend the Services for non-payment as described in Section 29 after providing at least ten (10) days’ notice.
15.6 Cancellation. You may cancel your subscription at any time through your Account settings or by contacting contact@grabdemo.com. Cancellation takes effect at the end of the then-current Subscription Term. You will retain access for the remainder of the paid period and will not be charged for the following period. Cancelling does not entitle you to a refund of Fees already paid, except as set out in Section 15.8 or as required by law.
15.7 Seat and Plan Changes. You may add seats or upgrade at any time; added seats are charged pro rata for the remainder of the then-current Subscription Term and thereafter at full rate. Downgrades and seat reductions take effect at the next renewal, and no credit or refund is issued for unused seats mid-term. Downgrading may result in loss of features, storage, retention, or Customer Content.
15.8 Refunds. Except where required by applicable law:
- (a) New paid subscriptions. If you are dissatisfied with a first-time paid subscription, you may request a full refund within fourteen (14) days of the initial charge by contacting contact@grabdemo.com. This applies once per customer and does not apply to renewals.
- (b) Renewals. Renewal Fees are non-refundable. If you notify us within thirty (30) days of an unintended auto-renewal on a plan you had not used during that renewal period, we may, at our discretion, issue a pro-rated credit or refund.
- (c) Termination by us for convenience. If we terminate your subscription for convenience under Section 30.3, we will refund the pro-rated portion of prepaid Fees for the unused remainder of the Subscription Term.
- (d) No refunds on termination for your breach. No refund is due where we terminate or suspend your Account for your breach under Section 29 or 30.4.
- (e) Your termination for our breach. If you terminate for cause under Section 30.4 because of our uncured material breach, we will refund the pro-rated portion of prepaid Fees for the unused remainder of the Subscription Term. This is in addition to, and does not limit, any other remedy available to you, except that where the breach is a failure to meet a committed uptime SLA, service credits under Section 25.2 remain your only monetary remedy for the SLA failure itself and this refund is your only additional monetary remedy.
- (f) Statutory rights. Nothing in this Section limits any non-waivable refund, cancellation, or withdrawal right you have under applicable consumer law. See Section 38.
15.9 Fee Changes. We may change our Fees. Changes to Fees for an existing subscription take effect at the start of the next Subscription Term, and we will provide at least thirty (30) days’ advance notice by email or in-app notice. If you do not agree to the new Fees, you may cancel before the renewal date; continued use after the renewal date constitutes acceptance.
15.10 Taxes. Fees are exclusive of all taxes, levies, and duties, including VAT, GST, and sales and use taxes (“Taxes”). You are responsible for all Taxes associated with your purchase, other than taxes based on our net income. If we are required to collect Taxes, we will invoice them to you. If you are exempt, you must provide a valid exemption certificate in advance.
15.11 Withholding. All payments must be made free and clear of any withholding. If withholding is legally required, you will gross up the payment so that we receive the full amount invoiced.
15.12 Currency and Bank Charges. Unless otherwise agreed, all Fees are stated and payable in U.S. dollars. You are responsible for any bank, wire, or currency conversion charges.
15.13 Billing Disputes. You must notify us of any billing dispute in writing within sixty (60) days of the charge. Undisputed amounts remain payable. We ask that you contact us before initiating a chargeback so that we can resolve the issue directly; nothing in these Terms waives any right you have under card network rules or applicable law to dispute a charge with your card issuer. A chargeback on undisputed amounts that we are unable to resolve may result in suspension under Section 29.
15.14 Usage-Based Charges. Where your plan includes usage-based or overage charges, those are calculated from our records, which will be the authoritative source absent manifest error, and are billed in arrears.
15.15 Collection Costs; Georgia Notice. Where these Terms are treated as an obligation to pay attorneys’ fees upon a note or other evidence of indebtedness within the meaning of O.C.G.A. § 13-1-11, our right to recover attorneys’ fees arises only if, after the amount owed has matured, we give you written notice that the provision will be enforced and that you have ten (10) days from receipt of that notice to pay the principal and interest without attorneys’ fees. If you pay in full within that period, the obligation to pay attorneys’ fees is void. Any attorneys’ fees recoverable under this Section are limited to the amount permitted by O.C.G.A. § 13-1-11.
15.16 Automatic Renewal Notice. For any subscription with an initial term of twelve (12) months or more that automatically renews for a period longer than one month, we will send you written or electronic notice of the upcoming renewal no more than sixty (60) days and no less than thirty (30) days before the deadline to cancel that renewal, identifying the renewal date, the renewal term, the amount that will be charged, and how to cancel. This notice is given in accordance with O.C.G.A. § 13-12-3 and comparable automatic-renewal laws, and is in addition to the fee-change notice in Section 15.9 and the trial notice in Section 16.1.
16. Trials, Promotions, and Credits
16.1 Trials. We may offer free or discounted trials. Unless we state otherwise, a trial converts automatically into a paid subscription at the end of the trial period and your payment method will be charged, unless you cancel before the trial ends. We will disclose the conversion terms clearly at signup and will send you a reminder before the trial converts, in the manner and within the timeframes required by applicable automatic-renewal and negative-option laws, including O.C.G.A. § 13-12-3, California Business & Professions Code § 17600 et seq., and the Restore Online Shoppers’ Confidence Act, 15 U.S.C. § 8403. Cancellation during a trial is available through your Account settings in the same manner in which you signed up.
16.2 Trial Data. Customer Content created during a trial may be permanently deleted if you do not convert to a paid plan, and we have no obligation to retain it.
16.3 Promotions and Credits. Promotional codes, discounts, and account credits are non-transferable, have no cash value, may not be combined unless stated, expire as stated, and may be revoked if obtained through fraud, abuse, or error. Multiple accounts created to obtain repeated trials or promotions are prohibited.
17. Referral and Affiliate Programs
17.1 Participation. If we offer a referral, affiliate, or partner program, participation is subject to any additional program terms we publish, which are incorporated by reference. We may modify or discontinue any such program at any time.
17.2 Conduct. You must not earn or attempt to earn rewards through spam, misleading claims, unauthorized use of our trademarks, paid search bidding on our brand terms (unless expressly permitted), cookie stuffing, self-referral, or referrals of accounts you control. You must clearly disclose your affiliate relationship as required by the FTC Endorsement Guides and comparable rules.
17.3 Rewards. Rewards are earned only on qualifying, paid, non-refunded transactions and may be withheld, reversed, or forfeited in the event of chargeback, refund, fraud, or breach. Rewards may be taxable to you, and you are responsible for any resulting tax obligations and for providing required tax documentation.
18. Third-Party Services and Integrations
18.1 Availability. The Services may interoperate with Third-Party Services such as CRMs, marketing automation platforms, identity providers, chat tools, browsers, extension marketplaces, and AI model providers. Enabling an integration is your choice.
18.2 No Endorsement or Responsibility. Third-Party Services are not part of the Services. We do not control them, do not endorse them, and are not responsible for their availability, accuracy, security, content, pricing, or data practices. Your use of a Third-Party Service is governed by that provider’s terms and privacy policy, and is at your own risk.
18.3 Data Exchange. By enabling an integration, you instruct us to transmit Customer Content and related data to and from that Third-Party Service as necessary for the integration to function, and you authorize the Third-Party Service to access your data. We are not liable for any use, disclosure, modification, or deletion of data by a Third-Party Service.
18.4 Discontinuation. A Third-Party Service may cease to make its integration available, may change its API, or may change its terms, in which case the corresponding functionality may cease to operate. That is not a breach of these Terms by us and does not entitle you to a refund.
18.5 Links. The Services and Demos may contain links to third-party websites. We are not responsible for their content or practices.
19. grabdemo Intellectual Property
19.1 Ownership. The Services, including all software, source and object code, models, algorithms, user interfaces, designs, templates, workflows, documentation, and all improvements and derivative works of any of them, and all intellectual property rights in them, are and remain the exclusive property of grabdemo and its licensors. The Services are protected by copyright, trademark, trade secret, and other laws.
19.2 Trademarks. “grabdemo,” the grabdemo logo, and our other names, marks, and slogans are our trademarks. You may not use them except: (a) as displayed by the Services (including the badge under Section 13.3); or (b) in factual, nominative references to grabdemo that do not imply endorsement, comply with any brand guidelines we publish, and are not used in a domain name, product name, logo, or app store listing. All goodwill from your use inures to us. Third-party marks appearing in the Services belong to their owners.
19.3 Improvements. We may develop and freely use general know-how, skills, techniques, and experience retained in the unaided memory of our personnel in the course of providing the Services, provided that we do not: (a) disclose your Confidential Information or Customer Content; (b) use or reference Customer Content in doing so; or (c) exercise any right inconsistent with Section 9.4. Nothing in this Section grants us any license to Customer Content beyond Section 9.3.
19.4 Templates and Sample Content. Where we provide templates, sample Demos, icons, stock imagery, or similar assets, we grant you a non-exclusive, revocable license to use them solely within Demos you create. You may not extract or redistribute them separately.
20. Feedback
If you provide us with suggestions, ideas, enhancement requests, bug reports, recommendations, or other feedback regarding the Services (“Feedback”), you grant us a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable, transferable license to use, reproduce, modify, and exploit that Feedback for any purpose without restriction, attribution, or compensation. Feedback is provided voluntarily and is not your Confidential Information. Do not include in Feedback anything you are not free to license on these terms.
21. Publicity and Logo Usage
21.1 Our Use of Your Name and Logo. You grant us a limited, non-exclusive, royalty-free license to use your company name, logo, and a general description of your use of the Services in our customer lists, website, sales materials, and marketing communications, solely to identify you as a customer and in accordance with any brand guidelines you provide.
21.2 Opt-Out. You may opt out at any time by emailing contact@grabdemo.com. We will remove the reference from materials under our control within ten (10) business days and will not use it in new materials thereafter. Removal from printed materials already distributed, cached pages, or third-party archives may not be possible.
21.3 Case Studies and Quotes. We will not publish a case study, testimonial, quotation, or press release naming you without your prior written approval.
21.4 Your Use of Our Name. Section 19.2 governs your use of our marks. Any press release or public announcement about our relationship requires our prior written approval.
22. Privacy and Data Protection
22.1 Privacy Policy. Our collection and use of Personal Data is described in our Privacy Policy, which is incorporated into these Terms.
22.2 Roles. With respect to Personal Data contained in Customer Content and Engagement Data, you are the controller or business, and we are the processor or service provider acting on your documented instructions (which include these Terms, your Order Form, and your configuration of the Services). With respect to Account registration data, billing data, and data about your Authorized Users’ use of the Services for our own security, billing, and product-improvement purposes, we act as a controller.
22.3 Data Processing Addendum. Where Privacy Laws apply to our processing of Personal Data on your behalf, our Data Processing Addendum (“DPA”) applies and is incorporated by reference. You may obtain and execute the current DPA by contacting contact@grabdemo.com. In the event of a conflict between the DPA and these Terms with respect to the processing of Personal Data, the DPA controls. The DPA includes the applicable Standard Contractual Clauses and UK Addendum for international transfers, our subprocessor commitments, our security measures, and our assistance obligations for data subject requests and breach notification.
22.4 Subprocessors. We use subprocessors, including cloud infrastructure, content delivery, transcription, analytics, support, and AI model providers, to deliver the Services. A current list of subprocessors is available on request from contact@grabdemo.com. You authorize our use of subprocessors, subject to the notice and objection process in the DPA.
22.5 Your Compliance. You are responsible for the lawfulness of the Personal Data you provide and process through the Services, for having a valid legal basis, for issuing all required privacy notices to Authorized Users and Viewers, and for responding to data subject rights requests directed to you. We will provide reasonable assistance as described in the DPA.
22.6 CCPA. To the extent the CCPA applies to Personal Data we process on your behalf, we act as a “service provider”: we will not sell or share that Personal Data; we will not retain, use, or disclose it outside the direct business relationship or for any purpose other than the business purposes specified in these Terms and the DPA; and we will not combine it with Personal Data from other sources except as the CCPA permits a service provider to do. We may retain, use, and disclose that Personal Data for the purposes expressly permitted to service providers under Cal. Code Regs. tit. 11, § 7051, including to build or improve the quality of the Services (subject always to the prohibition in Section 9.4), to detect and prevent security incidents and fraud, and to comply with law. Any de-identification or aggregation we perform under Section 9.5 will meet the CCPA’s de-identification standard and we will not attempt to reidentify the resulting data.
22.7 Government Requests. If we receive a government or law enforcement demand for Customer Content, we will, unless legally prohibited or where there is a risk to life or serious injury, notify you and provide a reasonable opportunity to seek protective relief.
23. Confidentiality
23.1 Definition. “Confidential Information” means non-public information disclosed by one party (“Discloser”) to the other (“Recipient”) that is designated as confidential or that a reasonable person would understand to be confidential given its nature and the circumstances of disclosure. Customer Content and Engagement Data are your Confidential Information. The non-public components of the Services, non-public Documentation, non-public pricing, roadmaps, security documentation, audit reports, and non-public technical information are our Confidential Information. Content you deliberately publish, including a Demo you configure for public access, is not Confidential Information for so long as it is published.
23.2 Exclusions. Confidential Information does not include information that: (a) is or becomes public through no fault of the Recipient; (b) was rightfully known to the Recipient without confidentiality obligations before disclosure; (c) is rightfully received from a third party without breach of any obligation; or (d) is independently developed by the Recipient without use of or reference to the Discloser’s Confidential Information.
23.3 Obligations. The Recipient will: (a) use the Discloser’s Confidential Information solely to perform under these Terms; (b) protect it using at least the degree of care it uses for its own confidential information of like importance, and in no event less than reasonable care; and (c) disclose it only to its employees, Affiliates, contractors, and advisors who need to know and who are bound by confidentiality obligations at least as protective as these. The Recipient is responsible for their compliance.
23.4 Compelled Disclosure. The Recipient may disclose Confidential Information to the extent required by law or valid legal process, provided it gives prompt notice where legally permitted and reasonably cooperates in any effort to limit or contest the disclosure.
23.5 Duration. These obligations continue for three (3) years after termination of these Terms, and indefinitely with respect to trade secrets and Customer Content for so long as they remain trade secrets or in our possession.
23.6 Equitable Relief. Section 39.13 governs the availability of injunctive and other equitable relief for breach of this Section.
24. Security
24.1 Our Measures. We will maintain commercially reasonable administrative, physical, and technical safeguards designed to protect the security, confidentiality, and integrity of Customer Content, as further described in the DPA and any security documentation we publish. Those measures may evolve, provided we do not materially degrade overall protection during a Subscription Term.
24.2 Your Measures. You are responsible for securing your Account, credentials, devices, networks, share links, and integrations, for configuring the Services’ available security controls appropriately, and for promptly revoking access when Authorized Users depart.
24.3 Security Testing. You may not conduct penetration testing, vulnerability scanning, red teaming, denial-of-service testing, or similar activity against the Services without our prior written authorization. Unauthorized testing is a material breach and may be unlawful. To request authorization, or to responsibly disclose a suspected vulnerability, contact contact@grabdemo.com. We will not pursue legal action against researchers who act in good faith, comply with any published disclosure policy, avoid privacy violations and service degradation, and do not access or exfiltrate data beyond what is minimally necessary to demonstrate the issue.
24.4 Incident Notification. We will notify you without undue delay after becoming aware of a personal data breach affecting Customer Content, as and to the extent required by the DPA and applicable law.
25. Service Availability, Support, and Maintenance
25.1 Availability. We will use commercially reasonable efforts to make the Services available 24 hours a day, seven days a week, excluding: (a) planned maintenance, for which we will endeavor to give advance notice and to schedule outside peak hours; (b) emergency maintenance; (c) outages caused by Third-Party Services, browsers, extension marketplaces, or your network or equipment; and (d) force majeure events under Section 39.7.
25.2 Service Levels. A committed uptime service level agreement (“SLA”) applies only if expressly set out in your Order Form or in a published SLA that your Order Form references. No SLA applies to the Free Plan, trials, or Beta Features (including during the Public Beta Period). Where an SLA applies, service credits calculated under it are your sole monetary remedy for failure to meet the committed uptime, except that a persistent failure to meet the SLA over three (3) consecutive months is a material breach entitling you to terminate for cause under Section 30.4 and to a refund under Section 15.8(e).
25.3 Support. Support is provided at the level corresponding to your plan, as described in the Documentation. Unless otherwise agreed, support is provided in English by email during our standard business hours.
25.4 Deprecation. We may deprecate features or API versions. For paid plans, we will use reasonable efforts to give at least thirty (30) days’ notice of a material deprecation that we expect to have a materially adverse effect on your use, except where a shorter period is required for legal, security, or third-party reasons.
26. Content Complaints, DMCA, and Notice-and-Action
26.1 Policy. We respect intellectual property rights and respond to notices of alleged infringement in accordance with the Digital Millennium Copyright Act, 17 U.S.C. § 512.
26.2 Notice. If you believe content on the Services infringes your copyright, send a written notice to our designated agent that includes: (a) a physical or electronic signature of the copyright owner or authorized agent; (b) identification of the copyrighted work claimed to be infringed; (c) identification of the material claimed to be infringing and information reasonably sufficient to locate it, including the Demo URL; (d) your contact information; (e) a statement that you have a good faith belief the use is not authorized by the copyright owner, its agent, or the law; and (f) a statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the owner.
26.3 Designated Agent.
26.4 Counter-Notice. If your content was removed and you believe it was removed in error or misidentification, you may submit a counter-notice containing the elements required by 17 U.S.C. § 512(g)(3), including your consent to the jurisdiction of the federal district court for the district in which you reside (or, if outside the United States, the United States District Court for the Northern District of Georgia, the district in which we may be found) and to accept service of process from the complaining party.
26.5 Repeat Infringers. We will terminate, in appropriate circumstances, the Accounts of users who are repeat infringers.
26.6 Misrepresentation. Under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material is infringing, or was removed by mistake, may be liable for damages.
26.7 Other Rights. Complaints concerning trademarks, publicity rights, privacy, or other rights may be sent to contact@grabdemo.com.
26.8 Notice and Action (EU Digital Services Act). Where we host Demos accessible to recipients in the European Union, we operate a notice-and-action mechanism in accordance with the Digital Services Act (Regulation (EU) 2022/2065):
- (a) Submitting a notice. Any person may notify us of content they consider illegal by submitting to contact@grabdemo.coma sufficiently precise and adequately substantiated notice containing: an explanation of why the content is illegal; the exact URL of the Demo; the notifier’s name and email address (except for notices concerning offences under Articles 3–7 of Directive 2011/93/EU); and a statement of good faith belief that the information in the notice is accurate and complete.
- (b) Handling. We will confirm receipt without undue delay, process notices in a timely, diligent, non-arbitrary, and objective manner, and inform the notifier of our decision and of the redress available.
- (c) Statement of reasons. Where we restrict, remove, disable, demote, or suspend a Demo or an Account on the basis of illegality or incompatibility with these Terms, we will provide the affected user with a clear and specific statement of reasons, including the facts relied on, whether automated means were used, the contractual or legal ground, and the redress available, unless legally prohibited.
- (d) Contesting a decision. An affected user or a notifier may contest our decision by writing to contact@grabdemo.com. We will review the request under human supervision by appropriately qualified staff and not solely by automated means, and we will reverse a decision we conclude was wrong. Nothing in this paragraph limits your right to seek judicial redress.
- (e) Misuse. We may suspend, after prior warning and for a reasonable period, the accounts of users who frequently provide manifestly illegal content and the processing of notices from persons who frequently submit manifestly unfounded notices.
- (f) Point of contact. Our single point of contact for recipients of the service and for authorities under Articles 11 and 12 DSA is contact@grabdemo.com (correspondence accepted in English).
- (g) Micro and small enterprises. grabdemo currently qualifies as a micro or small enterprise and is exempt under Article 19 DSA from the obligations in Section 3 of Chapter III, including the internal complaint-handling system of Article 20 and out-of-court dispute settlement under Article 21. Paragraph (d) is offered voluntarily and does not constitute an Article 20 system. We will update this Section if that status changes.
26.9 Interaction. A DMCA notice under Section 26.2 and a DSA notice under Section 26.8 may be submitted through either channel; we will route notices appropriately. Nothing in Section 26.8 limits our rights under Sections 8.6, 9.6, or 29.
27. Export Control, Sanctions, and Anti-Corruption
27.1 Export Compliance. The Services are subject to U.S. export control and sanctions laws, including the Export Administration Regulations and regulations administered by the U.S. Treasury Department’s Office of Foreign Assets Control, and may be subject to the laws of other jurisdictions. You will comply with all such laws.
27.2 Restricted Parties. You represent and warrant that you and your Authorized Users are not: (a) located in, organized under the laws of, or ordinarily resident in any country or region subject to comprehensive U.S. sanctions; (b) identified on any U.S. or applicable government restricted-party list, including the SDN List, Entity List, or Denied Persons List; or (c) owned or controlled by any such party (a “Restricted Party”). You will not make the Services available to any Restricted Party or for any prohibited end use, including nuclear, chemical, biological weapons, or missile technology end uses.
27.3 Anti-Corruption. You will comply with the U.S. Foreign Corrupt Practices Act, the UK Bribery Act, and other applicable anti-bribery laws, and will not offer or accept any improper payment in connection with these Terms.
27.4 Suspension. We may suspend or terminate the Services immediately if we reasonably believe continued provision would violate this Section.
28. U.S. Government End Users
The Services are “commercial products” consisting of “commercial computer software” and “commercial computer software documentation” as those terms are used in 48 C.F.R. § 2.101. Consistent with 48 C.F.R. § 12.212 and 48 C.F.R. §§ 227.7202-1 through 227.7202-4, U.S. Government end users acquire the Services with only those rights set out in these Terms. Any use, duplication, or disclosure by the U.S. Government is subject to these restrictions. No provision of these Terms requiring indemnification, or specifying governing law or venue, applies to a U.S. federal government entity to the extent prohibited by federal law.
29. Suspension
29.1 Grounds. We may suspend your or any Authorized User’s access to all or part of the Services, or disable a Demo, immediately and without liability if:
- (a) we reasonably believe there is a threat to the security, integrity, or availability of the Services;
- (b) we reasonably believe the Services are being used in violation of Section 5.3, 8, 14, or 27, or otherwise unlawfully;
- (c) your Account has undisputed Fees more than ten (10) days overdue after notice;
- (d) required by law, regulation, court order, or a governmental or law enforcement request;
- (e) your usage is materially degrading the Services for other customers; or
- (f) we receive a credible complaint of infringement or of unlawful content.
29.2 Notice and Scope. We will use reasonable efforts to give notice before suspension and to limit suspension to the affected portion of the Services, except where immediate or broader action is necessary. We will restore access promptly once the cause is resolved.
29.3 Effect. Suspension does not relieve you of the obligation to pay Fees for the Subscription Term, except where the suspension results from our error.
30. Term, Termination, and Effect of Termination
30.1 Term. These Terms begin when you first accept them or first use the Services and continue until all Subscription Terms have expired or these Terms are terminated as provided here.
30.2 Termination for Convenience by You. You may terminate by cancelling all subscriptions under Section 15.6, closing your Account, and ceasing all use. Termination is effective at the end of the then-current Subscription Term unless we agree otherwise.
30.3 Termination for Convenience by Us. We may terminate these Terms or any Free Plan Account for convenience at any time with respect to Free Plan, trial, and Beta users. For paid subscriptions, we may terminate for convenience on at least thirty (30) days’ notice, in which case Section 15.8(c) applies.
30.4 Termination for Cause. Either party may terminate immediately on written notice if the other party: (a) materially breaches these Terms and fails to cure within thirty (30) days after written notice describing the breach; or (b) becomes insolvent, makes an assignment for the benefit of creditors, or becomes subject to bankruptcy or similar proceedings not dismissed within sixty (60) days. We may terminate immediately without a cure period for breaches of Sections 5.3, 8.2, 14, 24.3, or 27, or where a cure is not reasonably possible.
30.5 Effect of Termination. On termination or expiration: (a) all licenses granted to you terminate immediately and you must cease all use of the Services and uninstall the Browser Extension; (b) all Demos and share links will cease to function; (c) all Fees accrued through the effective date become immediately due; and (d) each party will, on request, return or destroy the other’s Confidential Information, except for copies retained in routine backups or as required by law, which remain subject to Section 23.
30.6 Data Export. For thirty (30) days after termination or expiration (the “Retrieval Period”), we will, on your written request and provided your Account is paid current, make Customer Content and Engagement Data available for export in the formats the Services support. We have no obligation to retain Customer Content after the Retrieval Period, and we may permanently delete it thereafter. Where we terminate for cause under Section 30.4 for breach of Section 8.2, 14, or 27, or where required by law, we may delete Customer Content immediately without a Retrieval Period. Residual copies may persist in encrypted backups for up to ninety (90) days before being overwritten in the ordinary course.
30.7 Survival. The following survive termination or expiration: Sections 1 (Definitions), 5.4, 5.6(b) and 5.6(d), 8.2 and 8.3 (as to Customer Content still held by us), 9.1, 9.3 (as limited by its terms), 9.4, 9.5, 9.6, 10.6, 11.6, 12.2, 13.3, 15 (including both accrued payment obligations and our refund obligations under Section 15.8), 17.3, 19, 20, 21.4, 22, 23, 24 (for so long as we retain any Customer Content, including during the Retrieval Period and any residual backup period), 26, 27, 28, 30.5–30.7, 31, 32, 33, 34.4 (as to refunds owed), 35, 36, 38, 39, and 40, together with any other provision that by its nature should survive.
31. Disclaimers of Warranties
31.1 AS IS. EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICES, INCLUDING ALL AI FEATURES, OUTPUTS, BETA FEATURES, TEMPLATES, ANALYTICS, AND THIRD-PARTY SERVICES, ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.
31.2 Disclaimer. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATES, LICENSORS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
31.3 No Guarantee. WE DO NOT WARRANT THAT: (A) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) DEFECTS WILL BE CORRECTED; (C) THE SERVICES OR ANY SERVER ARE FREE OF VIRUSES OR HARMFUL COMPONENTS; (D) ANY OUTPUT, ANALYTICS, OR ENGAGEMENT DATA WILL BE ACCURATE, COMPLETE, OR RELIABLE; (E) THE SERVICES WILL MEET YOUR REQUIREMENTS OR ACHIEVE ANY PARTICULAR BUSINESS RESULT; OR (F) CUSTOMER CONTENT WILL NOT BE LOST, CORRUPTED, OR DELETED.
31.4 Redaction Tools. WE SPECIFICALLY DISCLAIM ANY WARRANTY THAT BLURRING, MASKING, REDACTION, OR SIMILAR TOOLS WILL DETECT OR OBSCURE ALL SENSITIVE INFORMATION. SEE SECTION 8.3.
31.5 Your Remedy for Dissatisfaction. EXCEPT FOR THE REMEDIES EXPRESSLY PROVIDED IN SECTIONS 15.8 (REFUNDS), 25.2 (SERVICE CREDITS), 33.2–33.4 (IP INDEMNITY), AND 34.4 (OBJECTION TO CHANGES), AND EXCEPT FOR ANY NON-WAIVABLE STATUTORY RIGHT, YOUR REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THEM AND TO CANCEL YOUR SUBSCRIPTION IN ACCORDANCE WITH SECTION 15.6. For clarity, this Section does not limit your right to terminate for cause under Section 30.4 or to recover damages within the limits of Section 32.
31.6 Statutory Rights. Some jurisdictions do not allow the exclusion of implied warranties. In those jurisdictions, the above exclusions apply to the maximum extent permitted, and you may have additional rights that these Terms do not affect. See Section 38.
32. Limitation of Liability
32.1 Exclusion of Indirect Damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY, NOR OUR AFFILIATES, LICENSORS, OR SUPPLIERS, WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, BUSINESS OPPORTUNITY, ANTICIPATED SAVINGS, OR DATA, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
32.2 Liability Cap. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES YOU ACTUALLY PAID TO US FOR THE SERVICES IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS (US$100).
32.3 Free, Trial, and Beta Use. FOR THE FREE PLAN, TRIALS, AND BETA FEATURES (INCLUDING DURING THE PUBLIC BETA PERIOD), OUR TOTAL AGGREGATE LIABILITY WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US$100), SUBJECT TO SECTION 32.4.
32.4 Exclusions from the Caps. The limitations in Sections 32.1, 32.2, 32.3, 32.5, and 32.8 do not apply to: (a) your payment obligations under Section 15; (b) your indemnification obligations under Section 33.1; (c) your breach of Sections 5.3, 8.2, 14, 23, 24.3, or 27; (d) either party’s gross negligence, willful misconduct, or fraud; or (e) any liability that cannot lawfully be excluded or limited, including for death or personal injury caused by negligence.
32.5 Enhanced Cap for Data and Confidentiality Claims. NOTWITHSTANDING SECTIONS 32.2 AND 32.3, AND SUBJECT TO SECTION 32.4, OUR TOTAL AGGREGATE LIABILITY FOR CLAIMS ARISING FROM (A) OUR BREACH OF SECTION 23 (CONFIDENTIALITY), (B) OUR BREACH OF SECTION 22 OR THE DPA, OR (C) A SECURITY INCIDENT RESULTING IN UNAUTHORIZED ACCESS TO OR DISCLOSURE OF CUSTOMER CONTENT CAUSED BY OUR FAILURE TO MEET OUR OBLIGATIONS UNDER SECTION 24.1, WILL NOT EXCEED THE GREATER OF (I) TWO (2) TIMES THE TOTAL FEES YOU ACTUALLY PAID TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (II) FIVE THOUSAND U.S. DOLLARS (US$5,000). This cap applies to Free Plan, trial, and Beta users in place of the cap in Section 32.3. The exclusion of indirect and consequential damages in Section 32.1 continues to apply to these claims. Your liability for breach of Section 23 is not subject to this Section, as provided in Section 32.4(c).
32.6 Fees Paid. For the purposes of Sections 32.2 and 32.5, “Fees you actually paid” excludes taxes, third-party pass-through charges, and amounts refunded or credited to you.
32.7 Allocation of Risk. You acknowledge that the Fees reflect the allocation of risk in these Terms and that we would not provide the Services without these limitations, which form an essential basis of the bargain and apply notwithstanding any failure of essential purpose of any limited remedy.
32.8 Time Limit. To the extent permitted by law, any claim arising out of or relating to these Terms or the Services must be brought within one (1) year after the claim accrues, or it is permanently barred.
32.9 Jurisdictional Limits. Some jurisdictions do not allow certain limitations of liability. In those jurisdictions, our liability is limited to the maximum extent permitted by law. See Section 38.
33. Indemnification
33.1 Your Indemnity. You will defend, indemnify, and hold harmless grabdemo, its Affiliates, and their respective officers, directors, employees, agents, licensors, and suppliers from and against any third-party claim, demand, suit, proceeding, or governmental investigation, and all resulting losses, damages, liabilities, settlements, penalties, fines, costs, and reasonable attorneys’ fees, arising out of or relating to:
- (a) Customer Content, including any Captured Material, and any claim that it infringes, misappropriates, or violates any intellectual property, publicity, privacy, or other right;
- (b) your failure to obtain any consent, permission, or license required by Section 8, including any claim under any wiretap, eavesdropping, recording-consent, biometric privacy, or data protection law;
- (c) any Demo you publish, including any representation, warranty, claim, or offer made in it;
- (d) your or your Authorized Users’ use of the Services, including any use in violation of Section 5.3, 14, 24.3, or 27;
- (e) your violation of any applicable law or regulation;
- (f) your use of Engagement Data, including any downstream marketing or profiling activity;
- (g) any dispute between you and an Authorized User, Administrator, Viewer, employee, or customer of yours; or
- (h) unauthorized security testing described in Section 24.3.
33.2 Our IP Indemnity. If you are on a paid plan and in compliance with these Terms, we will defend you and your Affiliates, and their respective members, managers, officers, directors, and employees, against any third-party claim alleging that the Services, as provided by us and used in accordance with these Terms and the Documentation, directly infringe a patent, copyright, trademark, or database right, or misappropriate a trade secret, in the United States, the European Union, the United Kingdom, Canada, or Australia, and will pay damages finally awarded or amounts in a settlement we approve. Our liability under this Section is subject to Section 32.1 but is capped at the greater of three (3) times the Fees you paid in the twelve (12) months preceding the claim or fifty thousand U.S. dollars (US$50,000), rather than at the cap in Section 32.2.
33.3 Exclusions from Our Indemnity. Section 33.2 does not apply to any claim arising from: (a) Customer Content or Captured Material; (b) Outputs of AI Features; (c) Beta Features, the Free Plan, or trials; (d) combination of the Services with anything not provided by us, where the claim would not have arisen absent the combination; (e) modification of the Services by anyone other than us; (f) your continued use after we notify you to stop or provide a modification that would avoid the claim; (g) Third-Party Services; or (h) your breach of these Terms.
33.4 Our Remedies. If the Services become, or we believe may become, the subject of a claim under Section 33.2, we may at our option and expense: (a) procure the right for you to continue using the Services; (b) modify or replace the Services to make them non-infringing while materially preserving functionality; or (c) terminate the affected Services and refund the pro-rated portion of prepaid unused Fees. Sections 33.2 through 33.4 state our entire liability and your exclusive remedy for any claim of intellectual property infringement.
33.5 Procedure. The indemnified party will: (a) promptly notify the indemnifying party of the claim (delay excuses the indemnifying party only to the extent it is prejudiced); (b) give the indemnifying party sole control of the defense and settlement, except that no settlement imposing liability or admission on, or requiring any act by, the indemnified party may be made without its written consent, not to be unreasonably withheld; and (c) provide reasonable cooperation at the indemnifying party’s expense. The indemnified party may participate with its own counsel at its own expense.
34. Modifications to the Services and to These Terms
34.1 Changes to the Services. We may modify, update, add to, or discontinue features of the Services at any time. We will not materially degrade the core functionality of a paid subscription during a Subscription Term. Sections 25.4 and 13.1 govern deprecations and Beta Features.
34.2 Changes to These Terms. We may revise these Terms from time to time. We will post the revised Terms with an updated “Last Updated” date. For changes we determine to be material, we will provide at least thirty (30) days’ advance notice by email to the address on your Account or by prominent in-app notice, except where a change must take effect sooner for legal, regulatory, or security reasons.
34.3 Acceptance. Changes take effect on the stated effective date. Your continued use of the Services after that date constitutes acceptance. If you do not agree, you must stop using the Services and may cancel under Section 15.6.
34.4 Committed Terms and Right to Object. For customers on an annual or multi-year Subscription Term, changes that materially and adversely affect your rights will not apply until your next renewal, except for: (a) changes required by applicable law or by a regulator; and (b) changes to Sections 8, 14, and 27 that are necessary to address unlawful use, security risk, or abuse, which apply immediately.
Changes to Section 22, Section 24, or the DPA will not take effect during a Subscription Term to the extent they would materially reduce our data-protection or security obligations to you; we may make such changes immediately only where they maintain or improve those obligations, or where required by law.
If any change materially and adversely affects your rights and you object in writing within thirty (30) days of notice, you may terminate the affected subscription and receive a pro-rated refund of prepaid unused Fees. This objection right does not apply to changes we make solely to comply with applicable law or a regulator’s direction, or to changes to Sections 8, 14, or 27 made to address unlawful use, security risk, or abuse. This right applies to customers on any Subscription Term, including monthly, and for monthly customers the termination is effective immediately rather than at the end of the then-current term.
34.5 Order Forms. An executed Order Form or master agreement signed by both parties may amend these Terms as to the parties to it. Section 39.2 governs precedence.
35. Dispute Resolution and Governing Law
35.1 Governing Law. These Terms, and any dispute arising out of or relating to them or the Services, are governed by the laws of the State of Georgia, without regard to its conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act do not apply.
35.2 Informal Resolution First. Before filing any claim, the parties will attempt in good faith to resolve the dispute informally. You will send a written notice describing the dispute and the relief sought to contact@grabdemo.com, and we will send notice to the contact on your Account. The parties will confer in good faith for at least thirty (30) days from receipt of that notice. This process is a condition precedent to filing suit, and the contractual limitations period in Section 32.8 is extended by the number of days the conferral period runs, so that compliance with this Section cannot cause a claim to expire.
35.3 Exclusive Jurisdiction and Venue. Subject to Sections 35.6, 35.7, and 39.13, any dispute not resolved informally must be brought exclusively in the state courts of Gwinnett County, Georgia, or in the United States District Court for the Northern District of Georgia, Atlanta Division. Each party irrevocably consents to the personal jurisdiction of, and venue in, those courts, and waives any objection based on inconvenient forum. This is an exclusive forum selection clause; you agree not to bring an action in any other forum.
35.4 Jury Trial. The parties acknowledge that, under Georgia law, a contractual waiver of the right to trial by jury entered into before a dispute arises is unenforceable (Bank South, N.A. v. Howard, 264 Ga. 339 (1994)). Accordingly, these Terms do not waive, and do not purport to waive, either party’s right to a trial by jury in any forum. Nothing in this Section limits either party’s right to consent to a bench trial after a dispute has arisen.
35.5 Class Action Waiver. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. If this waiver is held unenforceable as to a particular claim, it is severed as to that claim only and remains in full force as to every other claim and party. This waiver does not apply to a representative action that cannot lawfully be waived, and does not apply to a consumer to the extent prohibited by the mandatory law of that consumer’s state or country of residence.
35.6 Injunctive Relief. Section 39.13 governs the availability of injunctive and other equitable relief and operates as an exception to Sections 35.2 and 35.3.
35.7 Small Claims. Notwithstanding Section 35.3, either party may bring an individual action in the small claims court serving the defendant’s principal place of business or residence, provided the claim qualifies for and remains in that court.
35.8 Attorneys’ Fees. In any action to enforce these Terms, the substantially prevailing party is entitled to recover its reasonable attorneys’ fees and costs, to the extent permitted by applicable law. This Section is a mutual, bilateral fee-shifting provision and is not intended as an obligation to pay attorneys’ fees upon a note or other evidence of indebtedness under O.C.G.A. § 13-1-11; where that statute nonetheless applies, Section 15.15 governs. This Section does not apply to a Viewer who is not otherwise a party to these Terms.
36. Notices and Electronic Communications
36.1 Consent to Electronic Communications. You consent to receive communications from us electronically, including by email to the address on your Account and by notices posted within the Services. You agree that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that they be in writing.
36.2 Notices to You. Notices are deemed given when sent to the email address associated with your Account or when posted in the Services. You are responsible for keeping your email address current and for ensuring our messages are not blocked or filtered.
36.3 Notices to Us. Legal notices to us must be sent to contact@grabdemo.com and, for notices requiring written delivery, to Grabdemo LLC, Norcross, Georgia, United States, Attn: Legal. Notices are effective on receipt.
36.4 Service and Marketing Messages. We may send you service, security, billing, and administrative messages, which you cannot opt out of while you have an Account. Marketing messages are subject to your communication preferences and applicable law, and you may unsubscribe at any time.
37. Accessibility
We aim to make the Services usable by as many people as possible and to work toward conformance with recognized accessibility standards such as WCAG 2.1 Level AA. We do not warrant that the Services or any Demo will conform to any particular accessibility standard. You are responsible for the accessibility of the Demos you create and publish, including captions, alternative text, color contrast, and keyboard navigability of the content you supply, and for your own compliance with the ADA, Section 508, the European Accessibility Act, and comparable requirements. To report an accessibility issue with the Services, contact contact@grabdemo.com.
38. Jurisdiction-Specific Provisions
38.1 Georgia Residents. If you are a Georgia consumer: (a) the provisions of Sections 31, 32, and 32.8 are intended to be only as broad as Georgia law permits, and any provision unenforceable under Georgia law will not apply to you; (b) nothing in these Terms waives, and no provision may be construed to waive, any non-waivable right or remedy under the Georgia Fair Business Practices Act, O.C.G.A. § 10-1-390 et seq.; and (c) the thirty (30) day informal resolution process in Section 35.2 is intended to satisfy the ante litem notice requirement of O.C.G.A. § 10-1-399(b), and neither party’s compliance with it prejudices any right under that statute.
38.2 California Residents. Under California Civil Code § 1789.3, California users are entitled to the following notice: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210. If you are a California consumer, nothing in Section 35.1 or 35.3 deprives you of the protection of any mandatory, non-waivable provision of California law, including California Civil Code §§ 1668 and 1751.
38.3 New Jersey Residents. If you are a New Jersey consumer, the provisions of Sections 31, 32, and 33 are intended to be only as broad as permitted under New Jersey law, and any provision unenforceable under New Jersey law will not apply to you. Nothing in Section 35.1 or 35.3 deprives you of the protection of any mandatory, non-waivable provision of New Jersey law.
38.4 EU/EEA, UK, and Swiss Users. If you are a consumer resident in the EEA, the UK, or Switzerland: (a) nothing in these Terms limits your mandatory statutory rights, including any right to withdraw from a distance contract within fourteen (14) days, which you may lose once digital content is supplied with your express consent; (b) nothing in Sections 35.1 or 35.3 deprives you of the protection of mandatory provisions of the law of your country of residence or of the right to bring proceedings in the courts of that country; and (c) you may be entitled to refer a dispute to a national alternative dispute resolution body in your country of residence.
38.5 Australian Users. Nothing in these Terms excludes, restricts, or modifies any guarantee, right, or remedy under the Australian Consumer Law that cannot lawfully be excluded. Where liability may be limited, our liability is limited, at our option, to resupplying the Services or paying the cost of resupply.
38.6 Conflict. Where a provision of this Section conflicts with another provision of these Terms, this Section controls as to the users to whom it applies.
39. General Provisions
39.1 Entire Agreement. These Terms, together with the Privacy Policy, DPA, any Order Form, and any policies incorporated by reference, constitute the entire agreement between the parties regarding the Services and supersede all prior or contemporaneous agreements, proposals, and understandings, written or oral, on that subject.
39.2 Order of Precedence. In the event of a conflict, the following order of precedence applies: (a) a mutually executed master services agreement or enterprise agreement; (b) a mutually executed Order Form; (c) the DPA (as to processing of Personal Data); (d) these Terms; (e) the Privacy Policy; and (f) the Documentation. No terms in your purchase order, vendor onboarding portal, click-through, or other business form have any effect, and any such terms are expressly rejected.
39.3 Assignment. You may not assign or transfer these Terms or any rights under them, in whole or in part, by operation of law or otherwise, without our prior written consent; any attempted assignment without consent is void. We may assign these Terms without restriction, including in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets. These Terms bind and benefit the parties’ permitted successors and assigns. You may assign to a successor to all or substantially all of your business or assets on written notice, provided the successor assumes all obligations and, where the successor is a Competitor, we may instead terminate the affected subscription on thirty (30) days’ notice and refund the pro-rated portion of prepaid unused Fees.
39.4 Independent Contractors. The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, franchise, employment, or fiduciary relationship.
39.5 No Third-Party Beneficiaries. Except for grabdemo’s Affiliates, licensors, and suppliers and their respective members, managers, officers, directors, employees, and agents with respect to Sections 31, 32, and 33.1, and your Affiliates and their respective members, managers, officers, directors, and employees with respect to Section 33.2, there are no third-party beneficiaries to these Terms. The Contracts (Rights of Third Parties) Act 1999 does not apply to these Terms except as stated in this Section.
39.6 Severability. If any provision is held invalid, illegal, or unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, severed, and the remaining provisions will remain in full force and effect.
39.7 Force Majeure. Neither party is liable for any delay or failure to perform (other than payment obligations) caused by events beyond its reasonable control, including acts of God, natural disaster, fire, flood, epidemic or pandemic, war, terrorism, civil unrest, labor dispute, governmental action, internet or telecommunications failure, power failure, denial-of-service attack, or failure of a third-party provider or cloud infrastructure.
39.8 Waiver. No failure or delay in exercising any right operates as a waiver, and no waiver is effective unless in writing and signed by the waiving party. A waiver on one occasion is not a waiver of any subsequent occasion.
39.9 Headings and Interpretation. Headings are for convenience only and do not affect interpretation. “Including” means “including without limitation.” References to “days” mean calendar days unless stated otherwise. These Terms will not be construed against the drafting party.
39.10 Language. These Terms are drafted in English. Any translation is provided for convenience only; the English version controls in the event of a conflict.
39.11 Counterparts and Electronic Signature. Order Forms may be executed in counterparts and by electronic signature, each of which is an original and together constitute one instrument.
39.12 Compliance with Law. Each party will comply with all laws applicable to its performance under these Terms.
39.13 Equitable Relief. Each party acknowledges that a breach of Section 5.3, 8.2, 13.3, 14, 19, 23, or 27 may cause irreparable harm for which monetary damages are an inadequate remedy. Notwithstanding Sections 35.2 and 35.3, the non-breaching party may seek temporary, preliminary, or permanent injunctive or other equitable relief in any court of competent jurisdiction, without posting bond and without first completing the informal resolution process, in addition to any other remedy. This Section is the parties’ entire agreement on equitable relief.
40. Contact Information
All correspondence should be directed to the address above, including:
- Legal notices§36.3
- Support§25.3
- Billing and refunds§15
- Privacy, data protection, and DPA requests§22
- Security and vulnerability disclosure§24.3
- Abuse, illegal content, and DSA notices§14.5, §26.8
- Appeals of moderation decisions§26.8(d)
- Copyright / DMCA§26.2
- Accessibility§37
- Marketing and logo opt-out§21.2
- Informal dispute resolution§35.2
Please include the relevant section reference in your subject line so that your message is routed correctly.
By using grabdemo, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.