Netlify’s mission is to build a better web. As part of this effort, it is important that we have accessible, easy to read, and up-to-date T&Cs. Therefore, we have reviewed all our current sales terms and tried to simplify them, while making sure they addressed those topics that our customers value. We have merged the terms applicable to our Self-Serve customers into one document, our Enterprise Master Subscription Agreement will be finally published online and, last but not least, we have reviewed our Data Processing Agreement to comply with the latest changes in data privacy laws.
1. Enterprise Master Subscription Agreement
For the first time, we are publishing online the terms that apply to our Enterprise customers (previously, Enterprise Master Services Agreement). Compared to the previous version we made the following key updates:
- A new “Definitions” section will make it easier to read the terms, keeping in mind the most recurring terminology throughout the document;
- The Acceptable Use Policy is now published online and available for all customers and users of the Netlify website, at the following link: https://www.netlify.com/legal/acceptable-use-policy/
- We have introduced a specific section on Beta Services;
- The intellectual property rights of both parties are now specified in a new section 6;
- There are new warranties available to our customers when using the Netlify Services;
- The indemnification, limitation of liability, and termination sections have been updated;
- We have included important provisions in relation to Export and Anti-Bribery compliance, use of open source and 3rd party software;
- The publicity section, once in the order document, is now part of the Master Subscription Agreement.
Applicability: The new Enterprise Master Subscription Agreement will apply to all new and existing customers that sign an ordering document specifically referring to such terms. If you are an existing Enterprise customer, and signed our previous agreement, those terms will continue to apply until you consent to these new terms (for example, at the time of renewal).
2. Self-Serve Subscription Agreement
Overall, we have made our Self-Serve Subscription Agreement much more similar to the Enterprise Master Subscription Agreement, so the main changes we have highlighted above will apply to you as well.
However, the main difference for our self-serve customers is that, finally, their use of the Netlify Services will be governed by one set of terms. We merged the Terms of Use and the Self-Serve Subscription Agreement so that now you can find all the provisions applicable to your subscription in one link.
Applicability: The new Self-Serve Subscription Agreement will apply to you at your next renewal or if you otherwise accept such terms before that day. Moreover, from this day onwards, if you purchase new Netlify Services these new terms will apply to such purchase.
3. Data Processing Agreement
We have completely reviewed and updated our Data Processing Agreement (“DPA”). This is an important part of our terms and conditions because it governs our data processing activities when you use our Services. Netlify aims to comply with the most important data legislation in the world and we take the security of your personal data very seriously. Our new DPA now references the most important data privacy legislation in Europe and the United states: the CCPA as amended by the CPRA; the GDPR taking into account the latest developments; and the UK GDPR that governs the processing of data originating in the UK after Brexit. If you have any questions on our new DPA feel free to send us an e-mail at privacy@netlify.com.
Applicability: The new DPA is incorporated by reference in our Enterprise Master Subscription Agreement and the Self-Serve Subscription Agreement, so it will apply automatically when you accept either terms.
4. Website Terms of Use
As you know, the previous “Terms of Use” governed both your use of the Netlify Services (together with the Self-Serve Subscription Agreement call) and the access to Netlify’s website. As we explained above, our self-serve customers now find the rules governing their use of Services in one place. As a consequence, the terms of use, renamed “Website Terms of Use”, now only cover your use and access of the Netlify website.
