Developer Terms of Use 

 Last updated: February 14, 2024

Thank you for your interest in developing on Squarespace!

Squarespace offers various tools, such as Squarespace application programming interfaces (“APIs”), API credentials, software development kits (“SDKs”), integration, extension and app directories, code, plug-ins, programs, Templates (as defined below), software, source code, scripts and access tokens (collectively, “Developer Tools”) together with related developer pages and other documentation covering such Developer Tools (collectively, “Documentation”) for developers (“Developers”). These Developer Terms of Use (“Developer Terms”) apply to your access to and/or use of the Developer Tools to develop, test, and/or create Developer Products (as defined below) as a Developer. 

These Developer Terms, together with our Developer Policy, Acceptable Use Policy, Brand Guidelines and Logo Guidelines, constitute the entire agreement between you and Squarespace concerning the Developer Tools and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to your access and/or use of Developer Tools (together, the “Developer Agreement”). By accessing and/or using the Developer Tools you accept the Developer Agreement applies to your access and/or use of the Developer Tools. In the event of a conflict or inconsistency between any components of the Developer Agreement, the following order of precedence shall apply: (1) Developer Terms, (2) Developer Policy, (3) Acceptable Use Policy, (4) Brand Guidelines, and (5) Logo Guidelines. In accordance with Section 11.2, we may modify these Developer Terms (and other parts of the Developer Agreement) from time to time, and we will post the most current version on our site.

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

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

Please note that Section 15 (Dispute Resolution) contains an arbitration clause and class action waiver. BY AGREEING TO THESE DEVELOPER TERMS, YOU AGREE TO RESOLVE ALL DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION, WHICH MEANS THAT YOU WAIVE ANY RIGHT TO HAVE THOSE DISPUTES DECIDED BY A JUDGE OR JURY, AND THAT YOU WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS. (Note that in some countries you may have additional rights and/or the preceding sentence may not apply to you.)

References to “Squarespace”, “us”, “we” and “our” mean Squarespace, Inc. if you are a US Developer or Squarespace Ireland if you are a Non-US Developer. References to “you”, “your” and similar terms are construed accordingly in these Developer Terms and the Developer Agreement.

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

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

1.         Our Grant Of Rights To You

1.1. Our Developer Tools. Subject to your ongoing compliance with the Developer Agreement, we grant you a limited, non-exclusive, non-transferable, non-sublicensable and revocable right to access and use the Developer Tools to develop, test and/or create your products and services (“Developer Products”) to be made available on the Squarespace platform for Squarespace customers. You acknowledge that as between you and Squarespace, Squarespace retains all worldwide right, title and interest in the Developer Tools, including without limitation all intellectual property rights therein, and that the Developer Agreement does not grant you any rights in any of our Developer Tools, any products or services offered by Squarespace or its affiliates, the content accessed through the services, any other Developer’s Developer Products, or any intellectual property rights of customers of Squarespace or its affiliates (collectively, “Squarespace IP”). If you acquire any rights in the Developer Tools or any other Squarespace IP, by operation of law or otherwise, you, at no expense to Squarespace, hereby assign all such rights to Squarespace (and shall reasonably cooperate with and provide reasonable assistance to Squarespace in order to effect any such assignment). Some portions of the Developer Tools may constitute software or other materials which are offered under an open source license (“Open Source Components”). The provisions in the applicable open source license and not the Developer Agreement govern your use of any such Open Source Components.

1.2. Our Brand Assets. You may use the words, phrases, badges, symbols, designs and other distinctive brand features associated with Squarespace and our services, including without limitation our Marks (as defined in Section 2.2) (collectively, “Brand Assets”) solely to the extent provided in the Developer Tools, provided that your use complies with the Developer Agreement and all Documentation. You agree that the Developer Agreement does not grant you any ownership of our Brand Assets, and that any goodwill derived from your use of the Brand Assets benefits only Squarespace. If you acquire any rights in the Brand Assets, by operation of law or otherwise, you, at no expense to Squarespace, hereby assign all such rights to Squarespace (and shall reasonably cooperate with and provide reasonable assistance to Squarespace in order to effect any such assignment). Any rights granted to you under this Section 1.2 are subject to the limitations and restrictions set forth in Section 16.4.

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

1.4. Template Source Code. The Developer Tools include source code that you may use to build websites or other materials (“Templates”). Since use of Templates involves use of Squarespace products or services, use of Templates is also subject to our Terms of Service. Except as otherwise set forth in our Terms of Service, you own any website you develop using the Templates (“Developed Website”), subject to Squarespace’s ownership of the Templates and our products and services. You may only use the Templates to develop websites hosted on Squarespace products and/or services. If you are a web developer who creates a Developed Website for a client, you may transfer the Developed Website to your client, provided that you and your client comply with the Developer Agreement and the Terms of Service, and that the Developed Website continues to be hosted by Squarespace. 

2.         Your Licenses To Us

2.1. License To Your Developer Products. By using the Developer Tools, you agree that we may: (a) collect and use information from you and any users of your Developer Products (“Your Users”); (b) use automated methods to analyze your Developer Products; (c) review or monitor the Developer Tools (including without limitation how our products and services are being accessed and used) for the purposes of quality control, improving Developer Tools, Documentation, Squarespace’s products and services, verifying your compliance with the Developer Agreement, or other purposes consistent with the Developer Agreement; and (d) include or publish your Developer Products in a directory of options available to Squarespace customers and to integrate or use your Developer Products in connection with Squarespace products or services. You agree that we have no obligation to review or monitor the Developer Tools or our products or services. We agree that the Developer Agreement does not grant us ownership of your Developer Products.

2.2. License To Marks. You grant to Squarespace a non-exclusive, non-transferable, worldwide perpetual license to use your trademarks, service marks, logos, or trade names (collectively, “Marks”) and descriptive materials you publish about any version or portion of your Developer Products or your use of the Developer Tools for the purpose of Squarespace marketing and promotional activities and to acknowledge or promote your use of the Developer Tools, and where applicable distribute your Developer Products. We agree that the Developer Agreement does not grant us ownership of your Marks, and any goodwill derived from use of your Marks benefits only you.

3.         Representations And Warranties

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

3.2. By Developer. You represent, warrant and covenant that: (a) all information you have provided and will provide to Squarespace is true, accurate and complete; (b) you have the full right, power and authority to make, distribute, operate, support and promote your Developer Products, use the Developer Tools and enter into the Developer Agreement; and (c) your Developer Products, their contemplated use and your use of the Developer Tools will not violate the intellectual property, privacy or other rights of others, or violate any laws and will not be used for or in connection with any unlawful purpose. 

4.         Your Use Of The Developer Tools

4.1. Complying With Our Policies. Any use of the Developer Tools must comply with our Developer Policy and any other policies and requirements set forth in the Documentation, which may be modified from time to time.

4.2. Prohibited Actions. In addition to your obligations under our Developer Policy and Documentation, you, your use of the Developer Tools and your Developer Products may not, and may not attempt to, do any of the following:

4.2.1. Violate, or encourage or facilitate the violation of, the Developer Agreement.

4.2.2. Access or attempt to access the Developer Tools by means other than as described in the Documentation. If you are assigned Developer credentials (e.g., client IDs or API keys), you must use them with the applicable Developer Tools and cannot misrepresent or mask either your identity or your client’s identity, nor impersonate another's identity.

4.2.3. Mislead, Confuse or Surprise Your Users. For example, your Developer Products should be transparent with Your Users about what they do, and you should obtain Your Users’ prior affirmative consent to: (a) modify Your Users’ account settings, data or device; (b) store or share Your Users’ content or data; or (c) attempt to gain any rights to Your Users’ content or data.

4.2.4. Unless authorized in writing by Squarespace, substantially replicate any products or services offered by Squarespace or a Squarespace affiliate. 

4.2.5. Sell, rent, transfer, sublicense or otherwise provide use of any rights granted in the Developer Agreement to any other person or entity except as expressly consented to in writing in advance by Squarespace.

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

4.3. Usage Limits. Squarespace sets and enforces limits on your use of the Developer Tools (e.g., limiting the number of API requests that you may make or the number of users you may serve), in our sole discretion. You may not, and may not attempt to, circumvent such limits.

4.4. Information About Your Users. If you collect information from or about Your Users and/or their clients, customers or other end users (“End Users”) via your Developer Products or the Developer Tools, you must ensure that such information is collected, processed, transmitted, maintained and used in compliance with: (a) all applicable laws and industry standard security practices; (b) a privacy policy and/or terms of service that you post and make clearly available to Your Users; and (c) any other requirements in the Developer Agreement or Documentation, including without limitation as set forth in Section 14 of these Developer Terms.

5.         Your Users And Developer Products

5.1. Developer Tools may include features that enable you to connect your services to Your Users’ Squarespace websites, scheduling businesses or other portions of our products or services used by Your Users. We’re not a party to, and we aren’t liable for, your Developer Products and the services you provide to Your Users. The relationship between Your Users and you is strictly between Your Users and you. You are solely responsible for your Developer Products and the services you provide to Your Users, and compliance with any laws or regulations related thereto, including without limitation the following:  

5.1.1. Taxes. You are solely responsible for: (a) all taxes and fees associated with your Developer Products and services, including without limitation any taxes related to the sale or provision of services in connection with your Developer Products; (b) collecting, reporting and remitting required taxes to relevant government authorities; (c) informing Your Users of required taxes, and providing them with invoices as required by applicable law; (d) monitoring distance sales thresholds in the EU and other indirect taxes (such as value-added tax or goods and services tax) and registration thresholds in the countries where you have customers, or to where you ship goods or provide services; and (e) registering for indirect taxes in countries where you are required to register. You also agree that any tax estimates, reporting or related materials that we may provide via our services are for illustration purposes only, and you may not rely on them to comply with your tax obligations. We do not give tax advice, and nothing we communicate should be interpreted as such. 

5.1.2. Fulfillment And Delivery. You are solely responsible for fulfilling and delivering your services to Your Users.  

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

5.1.4. Support. You acknowledge that we are not obliged to offer any support for the Developer Tools or your Developer Products (or their interoperation with the Developer Tools or our products or services offered by Squarespace or its affiliate). You are solely responsible for providing all support, maintenance and technical assistance to Your Users with respect to your Developer Products or services. You will not represent that Squarespace will provide any support, maintenance or technical assistance to Your Users with respect to your Developer Products and services (or their interoperation with the Developer Tools or our products or services). If your Developer Product is listed on Squarespace Extensions (as defined in Section 13), you must respond to inquiries regarding your listed Developer Product within a reasonable period of time, with good quality, in a professional and workmanlike manner consistent with standards generally accepted in your industry. 

5.1.5. Consumer, eCommerce And Other Laws. You are also responsible for complying with any consumer, eCommerce, products, services and related laws for your Developer Products and services, including without limitation laws relating to privacy, advertising, marketing or any applicable export or import controls.  

5.2. In accordance with our Developer Policy, you are responsible for obtaining proper consent to collect, use, process, store and/or share Your Users’ data, content, or personal information. We only provide you and your Developer Products with access to Your Users’ data or content solely as a result of Your Users’ express request and permission obtained by you. We do not sell any of Your Users’ data or content. If your Developer Product has read and/or write access to data or content in or otherwise related to Your Users’ Squarespace accounts or websites, scheduling businesses or other facet of our products or services used thereby, you are responsible for: (a) ensuring that Your Users are aware of what your Developer Product does and how your Developer Product will collect, use, process, store and/or share Your Users’ data or content; and (b) complying with the requirements of Section 14 of these Developer Terms.

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

6.         Confidentiality

6.1. “Confidential Information” means financial, business, legal or technical information, including without limitation software, specifications or other non-public information, related to the Developer Tools or Documentation that is marked or otherwise identified as proprietary or confidential at the time of disclosure, or that by its nature would be understood by a reasonable person to be proprietary or confidential. Confidential Information shall include without limitation API credentials.

6.2. Unless otherwise authorized in writing by Squarespace, you agree that you will only use Confidential Information as permitted herein, and you will not disclose, sell, license, transfer or otherwise make available any Confidential Information to any person or entity (including without limitation Your Users) except to your affiliates and your or their employees, agents or professional advisors (each, a “Representative”) solely to the extent such Representatives need to know it and have agreed in writing (or in the case of professional advisors, who are otherwise bound) to keep it confidential with substantially similar limitations on disclosure as set forth herein. You agree that you will be liable for any breach of these obligations by any of your Representatives. You agree that you will protect the Confidential Information from unauthorized use, access or disclosure in the same manner that you would use to protect your own confidential and proprietary information of a similar nature, and in no event with less than a reasonable degree of care. Your confidentiality obligations, as they apply to any Confidential Information disclosed prior to termination, will survive termination.

6.3. Notwithstanding anything to the contrary in the Developer Agreement or Documentation, we may share information about you, your use of the Developer Tools, your Developer Account, your Developer Products, and Your Users’ use thereof with applicable law enforcement agencies or other parties as may be required by applicable law, regulation, rule, subpoena, or legal, regulatory, or administrative proceeding.

7.         Termination

7.1. You may stop using the Developer Tools at any time, with or without cause or notice. Squarespace may terminate or suspend the Developer Tools or the Developer Agreement, or disable access to the Developer Tools or your Developer Accounts, at any time in our sole discretion, for any reason, with or without notice, without any liability to you or Your Users, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses (except where prohibited by applicable law). Upon any termination or suspension of access, you may lose access to content, materials or other information that you provided to Squarespace through the Developer Tools or related to your Developer Products. All sections of the Developer Agreement that by their nature should survive termination shall survive termination, including without limitation the following sections of these Developer Terms: Sections 2 (Your Licenses To Us); 4.2 (Prohibited Actions); 5.1.1 (Taxes); 5.1.2 (Fulfillment And Delivery); 5.1.3 (Claims And Warranties); 5.1.4 (Support); 5.1.5 (Consumer, eCommerce And Other Laws); 6 (Confidentiality); 7 (Termination); 8 (Disclaimers); 9 (Limitation of Liability); 10 (Indemnification); 12 (Intellectual Property, Beta Developer Tools And Feedback); 13.8; 13.9; 14 (Data Privacy); 15 (Dispute Resolution); 16.1 (Controlling Law; Judicial Forum For Disputes); and 16.5 (Translation). 

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

8.         Disclaimers

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

8.2. Under certain circumstances, some jurisdictions do not permit the disclaimers in Section 8.1, so they may not apply to you. However, the disclaimers apply to the maximum extent permitted by applicable law. You may have other statutory rights and nothing in this Developer Agreement affects your statutory rights or rights under mandatory laws. The duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by applicable law.

9.         Limitation of Liability

9.1. To the fullest extent permitted by law, in no event will Squarespace be liable with respect to any claims arising out of or related to the Developer Tools or the Developer Agreement for: (a) any indirect, special, incidental, exemplary, punitive or consequential damages; (b) any loss of profits, revenue, goodwill or other intangible losses; (c) any damages related to your access to, use of or inability to access or use the Developer Tools, including without limitation interruption of use or cessation or modification of any aspect of the Developer Tools; (d) any damages related to loss or corruption of any data or content, including without limitation related to your Developer Product data; (e) any conduct or content of any user or third party using the Developer Tools, including without limitation defamatory, offensive or unlawful conduct or content; or (f) any third party services or third party sites accessed via the Developer Tools. These limitations apply to any theory of liability, whether based on warranty, contract, tort, negligence, strict liability or any other legal theory, whether or not Squarespace has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed its essential purpose.

9.2. Any liability to users of Squarespace services in connection with your Developer Products shall be your responsibility.

9.3. To the fullest extent permitted by law, notwithstanding anything to the contrary in the Developer Agreement, in no event shall the aggregate liability of Squarespace for all claims arising out of or related to the Developer Tools and the Developer Agreement exceed the greater of ten thousand US dollars ($10,000) or the amounts paid by you to Squarespace in the twelve (12) months immediately preceding the event that gave rise to such claim. Under certain circumstances, some jurisdictions do not permit the types of limitations in this Section 9, so they may not apply to you. However, the limitations apply to the maximum extent permitted by applicable law.

10.         Indemnification

To the fullest extent permitted by law, you agree to indemnify and hold harmless Squarespace and its affiliates and its and their directors, officers, employees and agents from and against all damages, losses, liabilities, costs, claims, demands, fines, awards, and expenses of any kind (including without limitation reasonable attorneys' fees and costs) (collectively, “Losses”) arising out of or related to: (a) your Developer Products content or user data (including, without limitation, wrongful or improper use thereof); (b) any claims from Your Users; (c) your infringement or violation of any law or regulation or the rights of any third party (including without limitation any rights of privacy, publicity or intellectual property); (d) your use of Squarespace Extensions; (e) any actual or alleged breach of your representations, warranties or obligations set out in the Developer Agreement; and (f) any other party’s use of API credentials assigned to you.

11.         Modifications

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

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

12.         Intellectual Property, Beta Developer Tools And Feedback

12.1. Squarespace Owns Squarespace And The Developer Tools. The Developer Tools and Documentation (and any other of Squarespace’s products or services you may access or use) are, as between you and Squarespace, owned by Squarespace, and are protected by copyright, trade secret, trademark and other US and foreign laws. Nothing in these Developer Terms, the Documentation or the Developer Agreement grants you any right, title or interest in: (a) any of the aforementioned; (b) other Developers’ Developer Products or content or information related to any other Developer’s users; (c) our trademarks, logos or other brand features or Brand Assets; or (d) intellectual property or trade secrets in the Developer Tools, Documentation, Squarespace’s products or services. You agree not to change, modify, reverse engineer, translate or otherwise create derivative works of the Developer Tools, Documentation and Squarespace’s products or services and comply with the terms of the Developer Agreement, including the Developer Policy.

12.2. Squarespace may release, in our sole discretion, Developer Tools that we’re testing and evaluating (“Beta Developer Tools”). Those Beta Developer Tools will be marked as beta, preview or early access (or a similar phrasing), and may not be as reliable as our other Developer Tools. Beta Developer Tools may be subject to additional terms and conditions, but will always be considered Confidential Information. Squarespace makes no representations or warranties that Beta Developer Tools will function and we will have no liability for any harm or damage caused by the use of or in connection with Beta Developer Tools. We may discontinue such Beta Developer Tools at any time, in our sole discretion.

12.3. You may provide feedback (including errors, suggestions, comments, improvements, ideas, etc.) to improve the Developer Tools (including Squarespace Extensions) and Beta Developer Tools. You agree that we may use your feedback without restriction or obligation to you, even after you have stopped using the Developer Tools, without any obligation of confidentiality, attribution, accounting or compensation.

13.         Service-Specific Terms: Squarespace Extensions

This section contains service-specific terms that are in addition to the general Developer Terms and only apply if you use the extensions directory made available by Squarespace to make certain Developer Products directly available to users for connection to their Squarespace websites (“Squarespace Extensions”). These service-specific terms govern if there are any conflicts with other provisions within the Developer Agreement.

13.1. Squarespace has no obligation to accept a submission, list or promote your Developer Products or services on Squarespace Extensions. We reserve the right to remove or take any action (including removal of any listed Developer Products from Squarespace Extensions) for any purpose that Squarespace deems necessary, in our sole discretion.

13.2. You may be required to submit your Developer Products to Squarespace for review, including for functional testing, user experience (UX) testing, compatibility with Squarespace Extensions and Squarespace websites, security review and privacy review. It is within our sole discretion whether your Developer Products may be listed on Squarespace Extensions. By submitting your Developer Product to us for review, you are agreeing not to bring any claims against Squarespace for its refusal to list your Developer Product on Squarespace Extensions. Unless otherwise agreed in writing by Squarespace, you may not publicize or otherwise disclose the availability of your Developer Product or services on Squarespace Extensions until they have been reviewed and approved by Squarespace, and then any such publicizing or disclosure will be subject to the restrictions of Section 1.2. You provide us with a non-exclusive, non-transferable, worldwide, and revocable license to use your Developer Products and services for testing, review or other related purposes to ensure that your Developer Products comply with the Developer Agreement. You may revoke this license at any time by providing written notice to us. If you revoke this license, your access to the Developer Tools (including Squarespace Extensions) will terminate and, in our discretion, we will remove your Developer Product from the Squarespace Extensions directory. For the avoidance of doubt, Squarespace is under no obligation to list your Developer Product on Squarespace Extensions.

13.3. Prior to your Developer Products being listed on Squarespace Extensions, or thereafter, we may require that security penetration testing be performed on your Developer Products or services by a reputable third party consistent with industry standards for such testing. A summary report of the results of the penetration testing must be provided to Squarespace for review. We may require you and you grant permission to us (or our designated third party) to perform supplemental or additional security and penetration testing on your Developer Products or services, as reasonably required by Squarespace (and you will reasonably cooperate with us and our designated third party, if applicable, in completing this testing). Unless required by law, we will treat the results of such security and penetration testing in a confidential manner and only use for the purposes of our review.

13.4. You shall provide to Squarespace, at the time of submission of your Developer Products or previously, your terms of service, privacy policy and/or customer support information; provided, however, that Squarespace shall have no obligation to review any such materials, whether for completeness, disclosure consistent with applicable laws or anything else.

13.5. Unless authorized in writing by Squarespace, you may not use Squarespace Extensions to advertise, promote or endorse (directly or indirectly) any product or service that, in Squarespace’s sole discretion, competes with Squarespace.

13.6. We may modify, terminate or stop maintaining Squarespace Extensions at any time and without notice.

13.7. We reserve the right to take any action we deem necessary (including without limitation, termination of access and/or removal from Squarespace Extensions, and disconnecting any other Developer Tools) if Squarespace suspects in its sole discretion that your Developer Products or services violate the Developer Agreement, or any other applicable terms, policies or guidelines, or such action as necessary to protect Squarespace, Your Users and, their End Users, and our users and their end users.

13.8. Squarespace Extensions may allow Your Users to rate and review you, your Developer Products or services, and/or their experience therewith (“Developer Product Feedback”), and we may make such Developer Product Feedback available to view by visitors to Squarespace Extensions. While Squarespace may from time to time and in its sole discretion remove Developer Product Feedback (for example, for violation of any Squarespace feedback policy), Squarespace shall not be obligated to (a) review Developer Product Feedback for veracity, accuracy or content, or (b) remove any Developer Product Feedback. Such rating or reviews may determine your placement or appearance on Squarespace Extensions, subject to Squarespace’s right to change your placement or appearance at our sole discretion. Squarespace shall have no liability to you with respect to, and you hereby release Squarespace from, all claims related to, arising from or in connection with any Developer Product Feedback.

13.9. We may collect certain usage and performance data from Squarespace Extensions to improve the directory. The data may be studied in aggregate form to improve Squarespace Extensions. You agree to acknowledge Squarespace’s rights to collect such data in any relevant privacy policies you publish or issue, including, without limitation, with respect to Your Users and their End Users.

13.10. You agree that we have no obligation to review or monitor our Developer Tools, products or services offered by Squarespace or a Squarespace affiliate (including Squarespace Extensions) or your Developer Products, however we may suspend, remove and/or disconnect your Developer Products if we are notified by you or otherwise become aware that your Developer Products or services violate any term of the Developer Agreement.

14.         Data Privacy

14.1. You represent, warrant and covenant that your Developer Products, their contemplated use and your use of the Developer Tools and our provision of the Developer Tools to you pursuant to the Developer Agreement, and any data provided to either you or us thereunder will comply with all international, domestic, federal, state, provincial and local data protection, security, confidentiality and privacy laws and regulations applicable from time to time with respect to the processing of personal data, personal information, personally identifiable information or similar term or concept thereunder, including without limitation the following Applicable Privacy Laws: (a) the European Union General Data Protection Regulation (Regulation 2016/679) (including the UK GDPR); (b) the ePrivacy Directive (Directive 2002/58/EC) or any local or European law implementing or replacing the same; (c) the Canadian Personal Information Protection and Electronic Documents Act (S.C. 2000, c. 5); (d) the Federal Trade Commission Act of 1914 (15 U.S.C. § 43); (e) the California Consumer Privacy Act (Cal. Civ. Code §§ 1798.100 - 1798.199); (f) the Children’s Online Privacy Protection Act (15 U.S.C. § 6501-6505); and (g) any regulations, guidelines, modifications, legally binding interpretations or other amendments to the foregoing (a)-(f).

14.2. Any data provided to Developer by Your Users is solely governed by the agreement between you and Your Users. You agree that you will inform Your Users about such agreement.

15.         Dispute Resolution

15.1. Applicability. This Section 15 shall apply to US Developers and Non-US Developers.

15.2. Informal Resolution. Before filing a claim against Squarespace, you agree to try to resolve the dispute by first emailing legal@squarespace.com with a description of your claim and proof of your relationship with Squarespace. We'll try to resolve the dispute informally by following up via email, phone or other methods. If we can’t resolve the dispute within sixty (60) days of our receipt of your first email, you or Squarespace may then bring a formal proceeding.

15.3. Arbitration Agreement 

15.3.1. Unless you opt out during the Opt-Out Period in accordance with Section 15.4, you and Squarespace agree to resolve any claims, disputes and matters arising out of or in connection with these Developer Terms, the Developer Agreement (including without limitation its existence, formation, operation and termination), Developer Tools and/or Developer Products (including without limitation non-contractual disputes and matters) through final and binding arbitration, and you and Squarespace expressly waive the right to formal court proceedings (including without limitation trial by jury), except as set forth in this Section. Discovery and rights to appeal in arbitration are generally more limited than in a lawsuit, and other rights that you and we would have in court may not be available in arbitration. There is no judge or jury in arbitration, only an experienced, independent third party that will act as the arbitrator, and court review of an arbitration award is limited.

15.3.2. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator further has the right to impose sanctions, in accordance with the Arbitration Provider Rules (as defined below), including for: (a) any frivolous claims or submissions the arbitrator determines have not been filed in good faith; or (b) a party’s failure to comply with this Section 15. For avoidance of doubt, the right to impose sanctions includes the right to shift arbitration fees if permitted by the Arbitration Provider Rules.

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

15.4. Arbitration Opt Out. You can decline this agreement to arbitrate by emailing us at arbitration-opt-out@squarespace.com within thirty (30) days of the date that you first agree to this Agreement (“Opt-Out Period”). Your email must be sent from the email address you use for your Developer Account, and must include your full name, address and a clear statement that you want to opt out of arbitration. If you opt out of arbitration pursuant to this Section 15.4, then Sections 15.3, 15.5, 15.6 and 15.7 of these Developer Terms does not apply to you. This opt out doesn’t affect any other sections of these Developer Terms, including without limitation Sections 15.9 (Time for Filing), 15.10 (No Class Actions) and 16.1 (Controlling Law; Judicial Forum for Disputes), or any other section of the Developer Agreement. If you have any questions about this process, please contact legal@squarespace.com.

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

15.6. Arbitration Procedures. The arbitration will be administered, depending on whether you’re a US Developer or Non-US Developer (as further set forth in this Section 15.6), by either National Arbitration and Mediation (“NAM”) or the London Court of International Arbitration (“LCIA”), and in each case resolved before a single arbitrator. “Arbitration Provider” shall mean NAM and LCIA. If the applicable Arbitration Provider is not available to arbitrate, the parties will mutually agree on an alternative arbitration provider. Except as modified by this Section 15, the applicable Arbitration Provider will administer the arbitration in accordance with its dispute resolution rules and procedures in effect at the time any demand for arbitration is filed (collectively, “Arbitration Provider Rules”), including without limitation those rules and procedures relating to mass arbitration filings, but excluding any rules or procedures governing or permitting class or representative actions. Each party is responsible for its own attorneys’ fees, except to the extent otherwise provided by the Arbitration Provider Rules, the arbitrator and/or applicable law. The arbitrator must follow this Agreement and can award the same damages and relief as a court (including without limitation reasonable attorneys’ fees and costs), except that the arbitrator may not award declaratory or injunctive relief benefiting anyone but the parties to the arbitration. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. “Arbitrator” as used in this Section 15 shall be understood to include the Arbitration Provider.

15.6.1. US Developers. If you are a US Developer, you and Squarespace agree that: (a) the these Developer Terms and the Developer Agreement affects interstate commerce, so the US Federal Arbitration Act and federal arbitration law apply and govern the interpretation and enforcement of this Section 15 (despite Section 16.1 below); and (b) any arbitration hearings shall occur at a location to be agreed upon in New York, New York, be administered by NAM in English, and be settled by one (1) commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of NAM arbitrators in accordance with the NAM Rules (as defined below). 

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

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

15.6.4. No Class Or Consolidated Arbitration Absent Written Consent. Except to the extent Squarespace in our sole discretion consents in writing, Squarespace does not agree or consent under any circumstances to class arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims.

15.6.5. Severability Of Claims. If there is a final judicial determination that precludes enforcement of this Section 15’s limitations as to a particular claim, remedy, or request for relief, then such claim, remedy, or relief (and only such claim, remedy, or relief) must be severed from the arbitration and may be sought in court. The parties agree, however, that any adjudication of any remaining claims, remedies, or relief not subject to arbitration shall be stayed pending the outcome of any arbitrable claims and remedies. This Section 15.6.5 does not prevent you or Squarespace from participating in a class-wide settlement of claims.

15.7. Arbitration Fees. The Arbitration Provider Rules will govern payment of all arbitration fees. We won’t seek our attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous. The parties agree that the Arbitration Provider has discretion where it deems appropriate to reduce the amount or modify the timing of any administrative or arbitration fees due under the applicable Arbitration Provider Rules, provided that such modification does not increase the costs to you, and you further agree that you waive any objection to such fee modification. The parties also agree that a good faith challenge by either party to the fees imposed by the Arbitration Provider does not constitute a default, waiver, or breach of this Section 15 while such challenge remains pending before an arbitrator and/or a court of competent jurisdiction, and that any and all due dates for those fees shall be tolled during the pendency of such challenge.

15.8. Exceptions To Arbitration Agreement. Notwithstanding anything in these Developer Terms, either you or Squarespace may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Developer Tools and/or Developer Products, or intellectual property infringement or misappropriation (for example, trademark, trade secret, copyright or patent rights), including, without limitation, with respect to Brand Assets and Marks, without first engaging in arbitration or the informal dispute resolution process described above.

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

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

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

15.10. NO CLASS ACTIONS. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, collective, consolidated or representative action. Class actions, class arbitrations, collective actions, private attorney general actions and consolidation with other arbitrations aren’t allowed, except to the extent Squarespace in our sole discretion consents in writing pursuant to Section 15.6.4.

15.11. Modifications To Dispute Resolution Framework. If we make any changes to this “Dispute Resolution” Section 15 after the date you last accepted these Developer Terms, those changes will not apply to any claims filed in a legal proceeding against Squarespace prior to the date the changes became effective. Squarespace will notify you of substantive changes to this “Dispute Resolution” Section 15 at least 30 days prior to the date the change will become effective. If you do not agree to the modified terms, you may send Squarespace a written notification (including email) or close your account within those 30 days. By rejecting a modified term or permanently closing your account, you agree to arbitrate any disputes between you and Squarespace in accordance with the provisions of this Section 15 as of the date you last accepted these Developer Terms, including any changes made prior to your rejection. If you reopen your closed account or create a new account, you agree to be bound by the current version of these Developer Terms and Developer Agreement.

16.         Additional Terms

16.1. Controlling Law; Judicial Forum For Disputes

16.1.1. US Developers. If you are a US Developer, the Developer Agreement (including its existence, formation, operation and termination) and the Developer Tools as well as all disputes and matters arising out of or in connection with the Developer Agreement and the Developer Tools (including non-contractual disputes and matters) shall be governed in all respects by the laws of the State of New York, without regard to its conflict of law provisions, except that the Federal Arbitration Act (“FAA”) shall prevail to the extent that there exists any conflict between the FAA and the laws of the State of New York with respect to Section 15. If Section 15 is found not to apply to you or your claim, you and Squarespace agree that any judicial proceeding (other than small claims actions) arising out of or in connection with the Developer Agreement (including its existence, formation, operation and termination) and/or the Developer Tools (including non-contractual disputes and matters) must be brought exclusively in the federal or state courts of New York, New York and you and Squarespace consent to venue and personal jurisdiction in such courts.

16.1.2. Non-US Developers. If you are a Non-US Developer, the Developer Agreement (including its existence, formation, operation and termination) and the Developer Tools as well as all disputes and matters arising out of or in connection with the Developer Agreement and the Developer Tools (including non-contractual disputes and matters) shall be governed in all respects by the laws of Ireland, without regard to its conflict of law provisions. If Section 15 is found not to apply to you or your claim, you and Squarespace agree that any judicial proceeding (other than small claims actions) arising out of or in connection with the Developer Agreement (including its existence, formation, operation and termination) and/or the Developer Tools (including non-contractual disputes and matters) must be brought exclusively in the courts of Ireland and you and Squarespace consent to venue and personal jurisdiction in such courts.

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

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

16.4. Publicity. Unless otherwise agreed to in writing between you and Squarespace: (a) you will not use Squarespace’s trademarks, logos, signature, colors, layout, text, or other materials or Brand Assets in a way that implies partnership, sponsorship, endorsements from, or affiliation with Squarespace; (b) you will not create or use a mark that is confusingly similar to our trademarks; (c) your use of Squarespace’s marks or other Brand Assets is subject to our Brand Guidelines; (d) you will not publicize or release external announcements, including press releases, related to your Developer Product or your use of the Developer Tools without our prior written consent (please reach out via our press contact form) but this requirement does not prevent you from sharing information about your Developer Product and how it uses the Developer Tools with Your Users as long as you clearly convey therein that the Developer Product and use of the Developer Tools are not sponsored, endorsed, or certified by Squarespace, and (e) to prevent confusion, we require you to display the following notice prominently on your Developer Product: “The term ‘Squarespace’ is a trademark of Squarespace, Inc. and any use of Squarespace APIs or developer tooling is not an endorsement or certification by Squarespace.” In accordance with Section 7.1, we may terminate or suspend or disable the Developer Tools, Developer Agreement, or Developer Account, at any time in our sole discretion, for any reason (including, without limitation, breach of this Section 16.4), with or without notice, without any liability to you or your users.

16.5. Translation. This Developer Agreement was originally written in English. We may translate this Agreement into other languages. In the event of a conflict between a translated version and the English version, the English version will control except where prohibited by applicable law.