# Terms of Service — Subtext Source: https://subtext.fullstory.com.pgm.c5nprx.cc/tos Site index for agents: https://subtext.fullstory.com.pgm.c5nprx.cc/llms.txt > Terms of service for Subtext, a Fullstory product. ## Terms of Service Subtext by Fullstory Last updated: July 15, 2026 Important Notice PLEASE READ THE “BINDING ARBITRATION AND CLASS ACTION WAIVER” SECTION (SECTION 14) BELOW CAREFULLY. THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION PROVISION AND A CLASS ACTION/JURY TRIAL WAIVER PROVISION. UNLESS YOU OPT OUT PURSUANT TO THE INSTRUCTIONS IN SECTION 14.6, YOU AGREE TO THE EXCLUSIVE USE OF FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, INCLUDING ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE YOU AGREED TO THESE TERMS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY WAIVE YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS, AS WELL AS YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION OR PROCEEDING. ### 1. Introduction and Acceptance #### 1.1 Agreement. These Terms of Service (“Terms”) govern Your access to and use of the Service (as defined in Section 17). “Subtext by Fullstory” or “Subtext” means the digital experience intelligence product provided by Fullstory, Inc. (“Fullstory,” “we,” “us,” or “our”), referred to herein as the “Service.” These Terms, together with any Order Form, the Data Processing Agreement (where applicable), and the policies referenced in Section 1.3 (collectively, the “Agreement”) constitute the entire agreement between You and Fullstory regarding Your use of the Service or Free Services. #### 1.2 Acceptance. By creating an account, clicking “I Agree,” executing an Order Form, or using Subtext, You accept these Terms and represent that: (a) You are at least 18 years old (or the age of majority in Your jurisdiction); and (b) if accepting on behalf of an organization (“Customer”), You have authority to bind that organization to these Terms. If You don’t have that authority, or if You disagree with these Terms, please don’t use Subtext. When accepted on behalf of a Customer, “You” and “Your” refer to that Customer. #### 1.3 Order of Precedence. In the event of a conflict among the documents forming this Agreement, the following order of precedence applies (from highest to lowest): (a) the applicable Order Form; (b) the Data Processing Agreement; (c) these Terms; (d) the Acceptable Use Policy; (e) the Support Policy; and (f) the Documentation. #### 1.4 Changes to Terms. We may modify these Terms by posting updated terms on our website. Changes become effective upon posting or on the date specified in the updated terms. Your continued use of Subtext after any modification constitutes acceptance of the modified Terms. If You do not agree to the modified Terms, You may stop using Subtext and, for paid Plans, cancel as described in Section 6.4. ### 2. Use Rights and Restrictions #### 2.1 Grant. Subject to Your ongoing compliance with this Agreement and payment of applicable fees, Fullstory grants You a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Service solely for Your internal business or personal purposes during the applicable Subscription Term. #### 2.2 Restrictions. You agree not to (and not to let others): (a) sell, resell, sublicense, redistribute, or make the Service available to third parties other than Your authorized users; (b) modify, reverse engineer, decompile, disassemble, or attempt to derive source code from the Service, except to the extent expressly permitted by applicable law; (c) remove, alter, or obscure any proprietary notices on the Service; (d) use the Service to build a competitive product or service, or copy any feature or functionality of the Service; (e) use the Service on applications processing Sensitive Data; (f) share or disclose API credentials or authentication tokens; (g) send or store Malicious Code through the Service; (h) interfere with the Service’s operation or security, or place an unreasonable load on our infrastructure; (i) use the Service in violation of applicable law or the Acceptable Use Policy; or (j) allow unauthorized third-party access to Your account. Your use of the Service is also subject to the Acceptable Use Policy and the Documentation. #### 2.3 Your Equipment. You are responsible for obtaining and maintaining all equipment, internet connectivity, and software needed to access and use the Service. #### 2.4 Affiliates. If You are an entity, Your Affiliates may access and use the Service by executing their own Order Forms referencing this Agreement. Each Affiliate that executes an Order Form will be deemed “Customer” for purposes of that Order Form and will be separately bound by this Agreement. You are responsible for Your Affiliates’ compliance with this Agreement. ### 3. The Service #### 3.1 Documentation. Technical details regarding how Subtext operates, including configuration instructions, integration methods, data capture specifications, and privacy features, are provided in the Documentation. You are responsible for reviewing and understanding the Documentation. We may update the Documentation from time to time, and continued use of Subtext after any update constitutes acceptance of such update. In the event of a conflict between the Documentation and these Terms, these Terms control. #### 3.2 Service Description. The Service captures session data from Your websites and applications and provides session context to Your Coding Agents to assist with debugging, development, and production issue investigation, as further described in the applicable Documentation. You deploy Fullstory’s capture script on Your websites or applications to capture session data. Your Coding Agents may then query the Service to receive relevant session context. You configure privacy and data capture settings through the Service’s interface and the Documentation. #### 3.3 Your Coding Agents. You are solely responsible for: (a) selecting and configuring Coding Agents that connect to the Service; (b) compliance with Your Coding Agents’ terms of service and acceptable use policies; (c) securing API credentials and MCP connections; (d) all code, fixes, tests, and outputs generated by Your Coding Agents; (e) decisions or actions taken based on outputs from Your Coding Agents; and (f) how Your Coding Agents store, process, or retain data received from the Service. Fullstory isn’t responsible for what Your Coding Agents do, produce, or fail to do. #### 3.4 Masking. The Service includes privacy features designed to mask personally identifiable information. Configuration options and technical specifications are described in the Documentation. Your obligations regarding privacy configuration and Sensitive Data are set forth in Section 4.2. #### 3.5 Developer Tools. Subtext includes browser-based developer tools. Your Coding Agents can control a remote browser session hosted on Fullstory infrastructure to navigate pages, interact with elements, run JavaScript, inspect network traffic, capture screenshots, and more. Developer Tools include a tunneling feature that enables the remote browser to access applications running in Your local development environment. During active Developer Tools sessions, the Service processes session context from Your development environment, including page structure, console output, network traffic, and screenshots (with masking applied where configured). This data is transmitted to Fullstory infrastructure by design to enable Your Coding Agents to receive session context via MCP. Other data visible within the browser session during Developer Tools use, such as application secrets, authentication tokens, source code, or personally identifiable information, may incidentally transit Fullstory infrastructure as part of normal browser interactions. Such data is processed in-memory and is not intentionally persisted by Fullstory. Data handling specifications, including what data is persisted and what is processed in-memory only, are described in the Documentation. You are solely responsible for managing what data is accessible during Developer Tools sessions, including disabling session recording, configuring masking, or restricting access to sensitive environments. #### 3.6 Third-Party Products. The Service may interoperate with Third-Party Products, including Your Coding Agents, browser extensions, development tools, and third-party APIs. Fullstory does not warrant, support, or assume responsibility for Third-Party Products or their providers. Your use of Third-Party Products is at Your own risk and governed by the applicable provider’s terms. If You enable a Third-Party Product to access the Service or Customer Data, You authorize Fullstory to allow such access. Fullstory is not responsible for any disclosure, modification, deletion, or loss of Customer Data resulting from access by Third-Party Products. The Performance Warranty in Section 9.3 and the availability commitments in Section 5.1 do not apply to failures caused by Third-Party Products. Providers of Third-Party Products are not sub-processors of Fullstory as defined in the Data Processing Agreement. #### 3.7 Beta Features. From time to time, Fullstory may make available Beta Features. Beta Features are provided “as-is” without warranty of any kind. The availability commitments in Section 5.1, the Support Policy, the Performance Warranty in Section 9.3, and Fullstory’s indemnification obligations in Section 11.2 do not apply to Beta Features. Fullstory may modify or discontinue Beta Features at any time without notice or liability. Your use of Beta Features is at Your own risk and subject to Sections 9.4 and 10. ### 4. Your Responsibilities #### 4.1 Compliance. You will: (a) comply with all applicable laws, including data protection and privacy laws; (b) maintain a privacy policy disclosing Your use of session analytics and AI-assisted processing; (c) obtain all required consents from end users for data collection and processing through the Service; (d) configure the Service to prevent collection of Sensitive Data (unless expressly authorized in an Order Form); (e) ensure Customer Data does not violate third-party rights or applicable laws; and (f) be responsible for all activities under Your account and API credentials. #### 4.2 No Sensitive Data. As between You and Fullstory, You are solely responsible for how the Service is configured on Your websites or applications, including for any Customer Data collected as a result of that configuration. You will ensure that Your collection, provision, and use of Customer Data complies with applicable law. You must configure the Service to prevent the collection, transmission, or processing of any Sensitive Data and must use reasonable efforts to limit the inclusion of other Personal Data in Customer Data to the amount that is directly relevant and necessary to Your use of the Service. If You discover that any Customer Data does include Sensitive Data, You will promptly notify Fullstory and provide sufficient information to Fullstory to locate such Sensitive Data, and upon such notification, Fullstory’s sole obligation will be to delete the Sensitive Data in its control or possession. #### 4.3 End User Rights. You are responsible for responding to end user requests to exercise data subject rights (access, deletion, correction, restriction, portability, and objection). Fullstory will reasonably cooperate with such requests at Your expense, including by providing data export functionality and deletion capabilities as described in the Documentation. #### 4.4 Breach Notification. You will promptly notify Fullstory of any suspected security breach, unauthorized access to Your account or API credentials, or violation of these Terms. #### 4.5 Children’s Data. The Service is not directed to children under the age of 13 (or under 16 in jurisdictions where GDPR applies). You will not knowingly use the Service to collect or process data from children without complying with applicable laws, including the Children’s Online Privacy Protection Act (“COPPA”). If You become aware that the Service has collected data from a child without proper consent, You will notify Fullstory immediately and Fullstory will take reasonable steps to delete such data. ### 5. Support and Availability #### 5.1 Availability. Fullstory will use commercially reasonable efforts to maintain the availability of the Service. The Service may be unavailable as the result of planned or unplanned downtime, for reasons including technical issues, legal compliance, security actions, business decisions, or any other cause. Fullstory may attempt to notify You of planned downtime but is under no obligation to do so. You agree that Fullstory is not liable for the unavailability of the Service. #### 5.2 Support. Fullstory will provide technical support for the Service through the channels described in the Documentation. Support excludes issues arising from: (a) Your Coding Agents or Third-Party Products; (b) Your configuration choices or failure to follow the Documentation; (c) use of the Service in a manner not contemplated by the Documentation; or (d) modifications to the Service not made or authorized by Fullstory. ### 6. Plans, Fees, and Payment #### 6.1 Plans. The Service is offered under the Plans described on our pricing page and in the applicable Order Form. Plan details, features, and usage allowances are as specified in Your Plan or Order Form. #### 6.2 Fees. **(a) Plans.** Fees for paid Plans are as displayed in Your account dashboard at the time of purchase. By subscribing to a paid Plan, You authorize Fullstory to charge Your payment method on file for all applicable fees, including any overage fees incurred pursuant to Section 6.3, at the time of purchase, on each renewal date, and as overages accrue. All fees are charged in advance of the applicable billing period. You must maintain a current, valid payment method on file for the duration of Your subscription. If Your payment method expires or is declined, You remain responsible for all amounts due and Fullstory may suspend Your access until payment is successfully processed. **(b) Order Forms.** Fees for customers with Order Forms are as set forth in the applicable Order Form and are due annually in advance. Fullstory will invoice You in accordance with the applicable Order Form. Payment is due upon receipt of invoice (or as otherwise specified in the Order Form). **(c) General.** All fees are in U.S. dollars unless otherwise specified and are exclusive of applicable taxes, duties, and levies. #### 6.3 Usage Limits. Each Plan and Order Form includes allowances for Agent Credits and Sessions. If You exceed Your usage allowances, Fullstory may: (a) charge overage fees at the rates specified in Your Order Form or Plan; (b) restrict or suspend Your access until Your usage resets; or (c) require You to upgrade to a Plan or Order Form with higher allowances. Fullstory will use commercially reasonable efforts to notify You when You approach or reach Your usage limits. #### 6.4 Automatic Renewal and Cancellation. **(a) Automatic Renewal.** Your subscription will automatically renew for successive periods equal to Your initial Subscription Term (or for one-year periods, whichever is shorter) unless cancelled or non-renewed as set forth below. For Plans, You may cancel at any time through Your account settings; cancellation will take effect at the end of the current billing period, and no further charges will be processed to Your payment method. For Order Forms, either party must provide written notice of non-renewal at least sixty (60) days before the end of the then-current term. Fullstory may increase fees at renewal by providing at least sixty (60) days’ written notice before the start of the renewal term. If You do not agree to the increased fees, You may cancel Your subscription before the renewal date. **IMPORTANT:** YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AND YOU WILL BE CHARGED THE APPLICABLE RENEWAL FEE UNLESS YOU CANCEL BEFORE THE END OF YOUR CURRENT TERM. FOR PLANS, YOU MAY CANCEL AT ANY TIME THROUGH YOUR ACCOUNT SETTINGS AT [app.fullstory.com.pgm.c5nprx.cc/ui/org/settings/billing](https://app.fullstory.com.pgm.c5nprx.cc/ui/org/settings/billing). FOR ORDER FORMS, WRITTEN NOTICE OF NON-RENEWAL MUST BE PROVIDED AT LEAST SIXTY (60) DAYS BEFORE THE END OF THE THEN-CURRENT TERM. **(b) Cancellation.** You may cancel Your Plan at any time through Your account settings at [app.fullstory.com.pgm.c5nprx.cc/ui/org/settings/billing](https://app.fullstory.com.pgm.c5nprx.cc/ui/org/settings/billing) or by emailing [subtext@fullstory.com.pgm.c5nprx.cc](mailto:subtext@fullstory.com.pgm.c5nprx.cc). Cancellation takes effect at the end of Your current billing period, and no further charges will be processed to Your payment method. Because fees are charged in advance pursuant to Section 6.2(a), no refunds or credits will be issued for any unused portion of the current billing period, partial months, or any period following cancellation, except as required by applicable law. Customers with Order Forms may terminate as specified in the applicable Order Form. **(c) Renewal Reminders.** For Order Form customers with an initial Subscription Term of one year or longer, Fullstory will provide a reminder notice at least ninety (90) days and not more than one hundred twenty (120) days before the renewal date. The notice will identify: (i) the product or service subject to renewal; (ii) the frequency and amount of renewal charges; and (iii) how to cancel or non-renew, including instructions for providing written notice. #### 6.5 Late Payment and Failed Charges. **(a) Plans.** If any charge to Your payment method fails, Fullstory will attempt to process the charge again. If the charge remains unsuccessful for five (5) days after the original charge date, Fullstory may immediately suspend Your access to the Service until a valid payment method is provided and all outstanding amounts are collected. You remain liable for all fees during any suspension period, and Fullstory may terminate Your subscription if payment is not received within thirty (30) days of the original charge date. **(b) Order Forms.** If payment is not received within fifteen (15) days after the invoice due date, Fullstory may: (i) charge interest at the lesser of 1.5% per month or the maximum rate permitted by law, accruing from the original due date; and (ii) suspend Your access to the Service upon five (5) days’ written notice. Suspension for non-payment does not relieve You of Your payment obligations, and You will reimburse Fullstory for all reasonable costs of collection, including attorneys’ fees. #### 6.6 Taxes. You are responsible for all taxes, duties, levies, and similar governmental charges (excluding taxes based on Fullstory’s net income) arising from this Agreement. If Fullstory is required to collect or pay any such taxes, they will be invoiced to You unless You provide a valid exemption certificate. ### 7. Ownership and Intellectual Property #### 7.1 Customer Data. As between Fullstory and You, You retain ownership of Your rights in and to Customer Data. You grant to Fullstory, its Affiliates, and applicable contractors a worldwide, limited-term license to host, copy, modify, distribute, transmit, display, and otherwise use Customer Data as reasonably necessary for Fullstory to provide, operate, and improve the Service in accordance with this Agreement. This license includes the right to use techniques such as machine learning to improve the Service; provided that Customer Data will not be shared with any other customer. Subject to the limited licenses granted herein, Fullstory acquires no right, title, or interest in any Customer Data. You are responsible for the accuracy, quality, and legality of Customer Data and the means by which You acquired it. #### 7.2 Fullstory Ownership. Except for the rights expressly granted under this Agreement, Fullstory and its licensors retain all right, title, and interest in and to the Service, Documentation, and all related intellectual property rights. All rights not expressly granted to You in this Agreement are reserved. #### 7.3 Feedback. Fullstory shall have a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use, disclose, or incorporate any Feedback into its products, services, features, functionalities, and technologies. Fullstory has no obligation to use Feedback, and You have no obligation to provide it. #### 7.4 Usage Data. Fullstory owns all Usage Data. Fullstory may use, modify, and disclose Usage Data for any lawful purpose, including product improvement, benchmarking, research, machine learning, and analytics; provided that Usage Data will not disclose Your identity to any third party. This right survives termination. #### 7.5 Data Retrieval. Upon expiration or termination of this Agreement, Fullstory will retain Customer Data for thirty (30) days following the effective date of termination or expiration (the “Data Retrieval Period”). During the Data Retrieval Period, Fullstory will make export and deletion capabilities available as described in the Documentation. After the Data Retrieval Period, Fullstory will have no obligation to maintain or provide access to Customer Data and may delete all Customer Data without further notice. ### 8. Data Privacy and Security #### 8.1 Security. Fullstory will maintain administrative, physical, and technical safeguards designed to protect the security, confidentiality, and integrity of Customer Data, in accordance with the Security Policy and the Data Processing Agreement. Fullstory may update the Security Policy from time to time, provided that such updates will not materially diminish the overall security of the Service during an active Subscription Term. #### 8.2 Data Processing Agreement. To the extent required by applicable data protection laws, the Data Processing Agreement located at [fullstory.com.pgm.c5nprx.cc/legal/form-of-standard-dpa](https://www.fullstory.com.pgm.c5nprx.cc/legal/form-of-standard-dpa/) (“DPA”) is incorporated by reference and will control in the event of any conflict with these Terms regarding Customer Data. Your Coding Agents that access Customer Data through the Service are Your tools and not Fullstory’s sub-processors. You are solely responsible for ensuring such Coding Agents comply with applicable data protection laws. ### 9. Warranties and Disclaimers #### 9.1 Mutual Warranties. Each party represents and warrants that: (a) it has the authority to enter into this Agreement; and (b) it will comply with all applicable laws in the performance of its obligations under this Agreement. #### 9.2 Customer Warranties. You represent and warrant that: (a) You own or have the necessary rights to use Customer Data and to grant Fullstory the rights described in this Agreement; (b) Customer Data does not infringe or violate third-party rights or applicable laws; (c) You have obtained all required consents and authorizations for data collection and processing through Subtext; and (d) Your use of Subtext complies with Your privacy policy and applicable law. #### 9.3 Performance Warranty. For customers with an active Order Form, Fullstory warrants that during the Subscription Term, the Service will perform materially in accordance with the Documentation. Fullstory uses industry-standard measures to prevent the introduction of Malicious Code into Your systems via the Service. If the Service fails to conform to this warranty, You must notify Fullstory in writing within thirty (30) days of discovering the non-conformity. Fullstory will use commercially reasonable efforts to correct the non-conformity. If Fullstory fails to correct it within a reasonable time of receiving Your notice, You may terminate the affected Order Form and receive a pro-rata refund of prepaid fees for the unused portion of the Subscription Term. This is Your sole and exclusive remedy for any breach of this warranty. This warranty does not apply to customers using self-serve Plans (including Free, Starter, and Team tiers), whose use of the Service is subject to Section 9.4. This warranty applies only if the Service has been used in accordance with this Agreement. #### 9.4 Disclaimer. EXCEPT FOR THE EXPRESS WARRANTIES IN THIS SECTION 9, THE SERVICE IS PROVIDED “AS-IS.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, FULLSTORY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, OR AVAILABILITY. FULLSTORY DOES NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE, UNINTERRUPTED, COMPATIBLE WITH ALL SYSTEMS OR CODING AGENTS, OR MEET YOUR SPECIFIC REQUIREMENTS. FULLSTORY DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR SUITABILITY OF OUTPUTS GENERATED BY YOUR CODING AGENTS. THE SERVICE MAY RELY ON THIRD-PARTY PRODUCTS, AND FULLSTORY MAKES NO WARRANTY REGARDING THEIR PERFORMANCE. #### 9.5 Consumer Statutory Rights. If consumer protection laws provide statutory warranties that cannot be waived or limited, those warranties apply to the minimum extent required by law. Nothing in this Section 9 limits or excludes any statutory rights that cannot be limited or excluded under applicable law. ### 10. Limitation of Liability #### 10.1.1 Limitation on Remedies and Damages. EXCLUDING AMOUNTS PAYABLE PURSUANT TO A PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 11 (INDEMNIFICATION), IN NO EVENT SHALL EITHER PARTY OR ITS AFFILIATES BE RESPONSIBLE OR LIABLE TO THE OTHER PARTY FOR ANY LOSS OF PROFITS OR REVENUE, LOSS OF GOODWILL OR REPUTATIONAL HARM, LOSS OR INACCURACY OR CORRUPTION OF DATA, INTERRUPTION OF BUSINESS, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY INDIRECT, EXEMPLARY, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF INFORMED OF SUCH DAMAGES IN ADVANCE. #### 10.1.2 Damages Cap. EXCLUDING CUSTOMER’S PAYMENT OBLIGATIONS AND AMOUNTS PAYABLE PURSUANT TO A PARTY’S INDEMNIFICATION AND DEFENSE OBLIGATIONS UNDER SECTION 11 (INDEMNIFICATION), EACH PARTY’S MAXIMUM AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS AND DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR OTHERWISE, SHALL NOT EXCEED THE FEES ACTUALLY PAID OR PAYABLE BY CUSTOMER TO FULLSTORY FOR THE APPLICABLE SERVICE IN THE TWELVE (12) MONTHS PRIOR TO THE FIRST INCIDENT THAT GAVE RISE TO THE LIABILITY, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE FOREGOING TYPES OF LOSSES OR DAMAGES. THE ABOVE LIMITS OF LIABILITY ARE EXCLUSIVE AS TO ALL REMEDIES AND THE LIABILITY CAP SHALL NOT BE COMBINED WITH ANY OTHER LIMITS OF LIABILITY SO AS TO INCREASE THE CAP VALUE IN ANY INSTANCE OR SERIES OF INSTANCES. IF APPLICABLE LAW LIMITS THE APPLICATION OF THE PROVISIONS OF THIS SECTION, A PARTY’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMISSIBLE. #### 10.2 Basis of the Bargain. The parties agree that the limitations and exclusions set out in this Section 10 will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose. The terms in this Section 10 are a fundamental basis of the bargain and reasonable, having regard to all the relevant circumstances and the levels of risk associated with each party’s obligations under this Agreement. ### 11. Indemnification #### 11.1 Your Indemnity. You will defend, indemnify, and hold harmless Fullstory and its officers, directors, employees, agents, and Affiliates from all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from or related to: (a) Customer Data, including any claim that Customer Data infringes, misappropriates, or violates third-party intellectual property rights or privacy rights; (b) outputs, code, fixes, decisions, or actions generated by or based on Your Coding Agents; or (c) third-party claims arising from Your products, services, websites, or applications that use or incorporate the Service, including claims by Your end users relating to data collection, session recording, or processing. #### 11.2 Fullstory’s IP Indemnity. Fullstory will defend, indemnify, and hold harmless You and Your officers, directors, employees, and agents from third-party claims alleging that Your authorized use of the Service in accordance with this Agreement infringes a third party’s patent, copyright, or trade secret rights (“IP Claim”). Fullstory’s obligations under this section do not apply to IP Claims arising from: (a) Your modification of the Service or combination of the Service with Third-Party Products, services, or data not provided by Fullstory; (b) Your use of the Service other than as permitted by the Documentation and this Agreement; (c) Customer Data; (d) Your Coding Agents; or (e) Your continued use of the Service after Fullstory has provided a non-infringing alternative. This Section 11.2 states Your sole and exclusive remedy, and Fullstory’s entire liability, regarding infringement or misappropriation of any intellectual property rights of a third party. #### 11.3 IP Remediation. If the Service becomes, or in Fullstory’s reasonable judgment is likely to become, the subject of an IP Claim, Fullstory may, at its option and expense: (a) procure the right for You to continue using the Service; (b) modify the Service to make it non-infringing without materially diminishing its functionality; or (c) if neither (a) nor (b) is commercially practicable, terminate the affected Order Form or Plan and refund prepaid fees for the unused portion of the Subscription Term. #### 11.4 Indemnification Procedures. The indemnifying party will have sole control of the defense and settlement of any claim, provided that the indemnifying party may not settle in a manner that admits liability on behalf of the indemnified party or imposes obligations on the indemnified party without prior written consent. The indemnified party will: (a) provide prompt written notice of the claim; (b) provide reasonable cooperation at the indemnifying party’s expense; and (c) grant the indemnifying party sole authority to defend and settle the claim. The indemnified party may participate in the defense at its own expense with counsel of its choice. ### 12. Free Services #### 12.1 Free Services Definitions. The following definitions apply only to Free Services. **“Free Services”** means any access to or use of Subtext that Fullstory makes available at no charge, including free tiers, free trials, evaluation or proof-of-concept access, promotional offerings, and Beta Features. **“Free Services Data”** means all electronic data submitted by or on behalf of You (including Your users) to the Free Services. **“Free Services User”** means any individual authorized by You to access and use the Free Services. #### 12.2 Free Services Terms. If You use Free Services, the applicable provisions of this Agreement govern those Free Services, and Fullstory will make such Free Services available to You at no charge until the earlier of: (i) the end of any free trial or evaluation period for which You registered; (ii) the start date of a paid subscription purchased by You for such Service; or (iii) termination of the Free Services by Fullstory in its sole discretion. If Your subscription includes Free Services that convert to a paid subscription, Fullstory will notify You at least three (3) days and not more than twenty-one (21) days before the expiration of such Free Services. You will not be charged unless You have provided express affirmative consent to the applicable paid subscription terms and authorized a payment method on file pursuant to Section 6.2(a). If You cancel during the Free Services period, You will not be charged. Fullstory may modify or terminate Free Services (and any related documentation or materials) at any time without notice, in its sole discretion, and may decide not to make Free Services available at all. For Free Services designated as beta, alpha, preview, experimental, early access, or by a similar designation, Fullstory has no obligation to ever make such Free Services generally available, and if it does, the generally available version may have different features, functionality, configurations, and documentation than any prior release. #### 12.3 Free Services Data. You grant to Fullstory, its Affiliates, and applicable contractors a worldwide, limited-term license to host, copy, modify, distribute, transmit, display, and otherwise use Free Services Data as necessary for Fullstory to provide the Free Services. You are solely responsible for the accuracy, quality, and legality of Free Services Data and the means by which You acquired such data. #### 12.4 Disclaimer. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, FREE SERVICES, AND ANY FULLSTORY MATERIALS PROVIDED IN CONNECTION WITH FREE SERVICES, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. FULLSTORY MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WITH RESPECT TO FREE SERVICES, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, OR RELIABILITY. FULLSTORY SHALL HAVE NO INDEMNIFICATION OBLIGATIONS WITH RESPECT TO FREE SERVICES, AND FULLSTORY’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 11.2 DO NOT APPLY TO FREE SERVICES. THE AVAILABILITY COMMITMENTS IN SECTION 5.1, THE SUPPORT POLICY, AND THE PERFORMANCE WARRANTY IN SECTION 9.3 DO NOT APPLY TO FREE SERVICES. FULLSTORY SHALL HAVE NO LIABILITY OF ANY TYPE WITH RESPECT TO FREE SERVICES, UNLESS SUCH EXCLUSION OF LIABILITY IS NOT ENFORCEABLE UNDER APPLICABLE LAW, IN WHICH CASE FULLSTORY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO FREE SERVICES SHALL NOT EXCEED ONE THOUSAND UNITED STATES DOLLARS (US$1,000). NOTWITHSTANDING ANYTHING TO THE CONTRARY IN SECTION 10 (LIMITATION OF LIABILITY), YOU WILL BE FULLY LIABLE UNDER THIS AGREEMENT FOR ANY AND ALL DAMAGES ARISING FROM YOUR OR YOUR FREE SERVICES USERS’ USE OF FREE SERVICES, AND NO LIMITATION OF LIABILITY OF ANY KIND APPLIES TO YOUR LIABILITY ARISING OUT OF OR RELATED TO FREE SERVICES. ANY DATA AND CONFIGURATIONS ENTERED INTO FREE SERVICES MAY BE PERMANENTLY LOST UPON TERMINATION OF THE FREE SERVICES, AND FULLSTORY WILL HAVE NO LIABILITY THEREFOR. ### 13. Confidentiality #### 13.1 Confidential Information. “Confidential Information” means information designated as confidential or that reasonably should be considered confidential, including the Service (its features, functionality, user interface, performance characteristics, and security architecture); non-public technical or business information; the terms and pricing of any Order Form; and either party’s trade secrets and proprietary technology. #### 13.2 Obligations. Each party will: (a) protect the other party’s Confidential Information using at least the same degree of care it uses to protect its own confidential information, but no less than reasonable care; (b) use Confidential Information only as permitted under this Agreement; and (c) disclose Confidential Information only to employees, contractors, or service providers with a need to know who are bound by confidentiality obligations at least as protective as those in this Section 13. #### 13.3 Exceptions. Confidentiality obligations do not apply to information that: (a) is or becomes publicly available through no breach by the receiving party; (b) was rightfully known to the receiving party before disclosure without restriction; (c) is rightfully received from a third party without restriction; (d) is independently developed without use of the disclosing party’s Confidential Information; or (e) is disclosed to potential acquirers, merger partners, investors, and their advisors in connection with a bona fide due diligence review, provided that such recipients are bound by confidentiality obligations at least as protective as those in this Section 13. #### 13.4 Required Disclosure. If required by law, regulation, or court order to disclose Confidential Information, the receiving party will give the disclosing party prior written notice (unless prohibited by law) to allow the disclosing party to seek a protective order, and will limit disclosure to what is legally required. #### 13.5 Injunctive Relief. Breach of this Section 13 may cause irreparable harm for which monetary damages are inadequate. Each party may seek injunctive relief without posting bond, in addition to any other available remedies. ### 14. Binding Arbitration and Class Action Waiver #### 14.1 Agreement to Arbitrate. For any claim or dispute arising out of or related to this Agreement or Subtext, You will first contact Fullstory at [legal@fullstory.com.pgm.c5nprx.cc](mailto:legal@fullstory.com.pgm.c5nprx.cc) and attempt to resolve the claim informally. If the parties have not resolved the claim within sixty (60) days of the initial notice, either party may initiate binding arbitration as described below. You and Fullstory agree to resolve all disputes, claims, or controversies arising from or related to this Agreement, the Service, or Free Services (including formation, breach, termination, or validity) through binding individual arbitration, not in court. This applies to all claims, whether in contract, tort, statute, or otherwise. YOU AND FULLSTORY EACH WAIVE THE RIGHT TO A JURY TRIAL. #### 14.2 Arbitration Procedures. Arbitration will be administered by JAMS under its Comprehensive Arbitration Rules and Procedures (or, for consumers, the JAMS Consumer Arbitration Minimum Standards). A single arbitrator will resolve disputes. If JAMS rules conflict with these Terms, these Terms control. The arbitrator has exclusive authority to resolve disputes about arbitrability. #### 14.3 Location. For business customers, arbitration will be conducted in New Castle County, Delaware. For individual consumers, arbitration will be conducted in the county of Your primary residence, by telephone, by videoconference, or on documents only, at Your election. #### 14.4 Arbitration Fees. Each party pays its own JAMS fees and arbitrator fees per JAMS rules. For individual consumers: if JAMS requires a filing fee, Fullstory will reimburse filing fees up to $250. If You prevail, the arbitrator may award Your reasonable costs and fees. #### 14.5 Class Action Waiver. YOU AND FULLSTORY EACH WAIVE THE RIGHT TO PARTICIPATE IN CLASS ACTIONS, COLLECTIVE ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, OR OTHER REPRESENTATIVE PROCEEDINGS. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OR AWARD RELIEF TO NON-PARTIES. THE ARBITRATOR MAY AWARD RELIEF ONLY TO THE INDIVIDUAL PARTY SEEKING RELIEF. #### 14.6 Opt-Out. YOU HAVE THE RIGHT TO OPT OUT OF THIS ARBITRATION AGREEMENT. You may opt out within thirty (30) days of first accepting these Terms by emailing [legal@fullstory.com.pgm.c5nprx.cc](mailto:legal@fullstory.com.pgm.c5nprx.cc) with Your full legal name, account information, and a clear statement that You opt out of arbitration. Opting out does not affect other provisions of these Terms. If You opt out, disputes will be resolved per Section 16.1. #### 14.7 Exceptions. This arbitration agreement does not preclude: (a) either party from seeking injunctive or equitable relief in court to protect intellectual property or confidential information; (b) Fullstory from pursuing collection of amounts owed under Section 6, including through the courts specified in Section 16.1 or other available remedies; (c) You from bringing claims in small claims court if they qualify; or (d) either party from seeking public injunctive relief, which must be litigated in court and stayed pending arbitration of individual claims. #### 14.8 Severability. If the class action waiver in Section 14.5 is found unenforceable for a particular claim for public injunctive relief, that claim must be severed and litigated in court, stayed pending arbitration of other claims. All other claims remain subject to arbitration. #### 14.9 Consumer Rights. If You are using the Service for personal, family, or household purposes and mandatory consumer protection laws in Your jurisdiction prohibit or limit mandatory arbitration, this Section 14 is modified to comply. EU/EEA/UK/Swiss consumers: this Section 14 does not apply; see Section 16.1(c). ### 15. Term and Termination #### 15.1 Term. These Terms are effective when You accept them and continue until all Order Forms, Plans, or subscriptions have expired or been terminated. The initial Subscription Term is as specified in the applicable Order Form or as selected during account registration. #### 15.2 Termination by You. You may cancel Your Plan at any time through Your account settings at [app.fullstory.com.pgm.c5nprx.cc/ui/org/settings/billing](https://app.fullstory.com.pgm.c5nprx.cc/ui/org/settings/billing) or by emailing [subtext@fullstory.com.pgm.c5nprx.cc](mailto:subtext@fullstory.com.pgm.c5nprx.cc). Cancellation is effective at the end of the current billing period, and no further charges will be processed to Your payment method. Because fees are charged in advance pursuant to Section 6.2(a), no refunds or credits will be issued for any unused portion of the current billing period except as required by applicable law. Customers with Order Forms may terminate as specified in the applicable Order Form. #### 15.3 Termination by Fullstory. Fullstory may terminate or suspend Your access: (a) immediately, upon written notice, if You materially breach this Agreement and fail to cure within thirty (30) days of written notice (or immediately for breaches of Sections 2.2, 4.2, 8, or 13); (b) upon ten (10) days’ written notice for non-payment; or (c) immediately if required by law, regulation, or court order. #### 15.4 Suspension. Fullstory may suspend Your access to the Service immediately and without prior notice if Fullstory reasonably determines that: (a) Your use poses a security risk to the Service or its users; (b) Your use may adversely impact the availability of the Service for other users; or (c) suspension is required to comply with applicable law. Fullstory will notify You promptly after any suspension and will restore access when the grounds for suspension have been resolved. #### 15.5 Effect of Termination. On termination or expiration: (a) Your access to the Service and Free Services ends; (b) You will immediately cease all use of the Service and Free Services, delete any related materials in Your possession, and return or destroy Fullstory’s Confidential Information; (c) Fullstory will retain Customer Data and make export and deletion capabilities available as described in Section 7.5; and (d) any outstanding payment obligations become immediately due. Sections 3.3, 3.6, 3.7, 7, 8, 9.4, 10, 11, 12, 13, 14, 15.5, 16, and 17 survive termination. #### 15.6 Refunds. If Fullstory terminates Your Order Form or Plan other than for Your breach, Fullstory will refund prepaid fees for the unused portion of the Subscription Term on a pro-rata basis. #### 15.7 Insolvency. Either party may terminate this Agreement and all Order Forms upon written notice if: (a) the other party files a petition under any chapter of the United States Bankruptcy Code or under any similar law; (b) a petition is filed against the other party under any such law and is not dismissed within sixty (60) days; (c) the other party becomes or is declared insolvent or is unable to pay its debts as they become due; (d) the other party is the subject of any proceedings related to dissolution, liquidation, or the appointment of a receiver or trustee for all or a substantial part of its assets; or (e) the other party makes an assignment for the benefit of creditors. ### 16. General Provisions #### 16.1 Governing Law and Venue. **(a) Governing Law.** This Agreement is governed by the laws of the State of Delaware, without regard to conflict of laws principles. The Federal Arbitration Act governs all matters relating to arbitration. **(b) Venue.** Disputes not subject to arbitration will be resolved exclusively in state or federal courts located in New Castle County, Delaware. You consent to personal jurisdiction and venue in those courts. **(c) Consumer Rights.** If You are using Subtext for personal, family, or household purposes and are located in a jurisdiction where mandatory consumer protection laws apply (including the European Union, European Economic Area, United Kingdom, or Switzerland), You may bring proceedings in the courts of Your country of residence. Mandatory consumer rights under applicable law cannot be waived and take precedence over conflicting provisions to the extent required by law. #### 16.2 Exclusion of UN Convention. The United Nations Convention on Contracts for the International Sale of Goods does not apply. #### 16.3 Attorneys’ Fees. In any proceeding to enforce this Agreement, the prevailing party is entitled to recover reasonable attorneys’ fees and costs, except where prohibited by consumer protection law. #### 16.4 Assignment. Neither party may assign, transfer, or delegate this Agreement or any rights or obligations without the other party’s prior written consent, except that either party may assign this Agreement without consent: (a) to a parent or subsidiary; (b) to an acquirer of all or substantially all of the stock or assets of such party; or (c) to a successor by merger. Any attempted assignment in violation is void. This Agreement will be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns. The assigning party will provide written notice of any assignment. #### 16.5 Severability. If any provision is held invalid or unenforceable, it will be modified to the minimum extent necessary, and remaining provisions remain in full force and effect. #### 16.6 No Waiver. Failure to enforce any provision is not a waiver of that or any other provision. Any waiver must be in writing and signed by the waiving party. #### 16.7 Notices. Fullstory may provide notice via email to the address in Your account or through in-product notification. Notice is effective one business day after sending. You may provide notice to: Fullstory, Inc., 1745 Peachtree Rd NW Ste G, Atlanta, GA 30309, Attn: Legal Department. #### 16.8 Export Compliance. You will comply with all applicable export laws and regulations, including the U.S. Export Administration Regulations and sanctions administered by OFAC. You will not access the Service from, or provide access to persons or entities in, countries embargoed by the United States, or to persons or entities on U.S. government restricted parties lists. #### 16.9 Anti-Corruption. Each party will comply with all applicable anti-corruption and anti-bribery laws, including the U.S. Foreign Corrupt Practices Act and the UK Bribery Act 2010. #### 16.10 Force Majeure. Neither party is liable for failure to perform obligations (except payment obligations) caused by events beyond its reasonable control, including natural disasters, pandemics, acts of government, terrorism, cyberattacks, internet disruptions, or utility failures, provided the affected party gives prompt notice and uses reasonable efforts to mitigate the impact. #### 16.11 Independent Contractors. The parties are independent contractors. This Agreement does not create a partnership, joint venture, agency, or employment relationship. #### 16.12 No Third-Party Beneficiaries. This Agreement confers no rights on third parties, except that each party’s indemnified persons under Section 11 are intended third-party beneficiaries. #### 16.13 Entire Agreement. This Agreement, including all Order Forms, constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior and contemporaneous agreements, proposals, or representations, written or oral. No terms in any purchase order or other ordering document issued by You will modify this Agreement unless expressly agreed in writing by Fullstory. #### 16.14 Government Use. If You are a U.S. government entity or using the Service on behalf of one, the Service is provided as “commercial computer software” and “commercial computer software documentation” as defined in FAR 12.212 and DFARS 227.7202, and Your rights are limited to those granted in these Terms. #### 16.15 Counterparts. This Agreement may be executed in counterparts, each of which will be deemed an original, but which together will constitute one and the same instrument. Electronic execution and delivery is legal, valid, and binding for all purposes. ### 17. Definitions Capitalized terms used but not otherwise defined in these Terms have the following meanings: **“Acceptable Use Policy”** means Fullstory’s acceptable use policy located at [fullstory.com.pgm.c5nprx.cc/legal/acceptable-use](https://www.fullstory.com.pgm.c5nprx.cc/legal/acceptable-use/), as updated from time to time. **“Affiliate”** means an 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. **“Agent Credits”** means usage units consumed when Subtext analyzes code, reasons about bugs, generates fixes or tests, or performs other AI-assisted operations, as further described in the Documentation. **“Beta Features”** means features of Subtext identified by Fullstory as “beta,” “alpha,” “preview,” “experimental,” or other similar designations. **“Confidential Information”** has the meaning set forth in Section 13.1. **“Customer Data”** means all electronic data and information submitted by or on behalf of You to the Service, including session data, DOM state, user actions, behavioral signals, and other data captured by the Service from Your websites or applications, and data accessed through Developer Tools sessions. Customer Data does not include Usage Data. **“Documentation”** means the technical documentation, configuration guidance, specifications, and user guides for Subtext made available by Fullstory at [subtext.fullstory.com.pgm.c5nprx.cc/docs](https://subtext.fullstory.com.pgm.c5nprx.cc/docs), as updated from time to time. **“Feedback”** means any suggestions, enhancement requests, or ideas about the Service provided by You to Fullstory. **“Free Services”** has the meaning set forth in Section 12.1. **“MCP”** means Model Context Protocol, the protocol through which Coding Agents can query Subtext for session context. **“Malicious Code”** means viruses, worms, time bombs, Trojan horses, and other harmful code, files, scripts, agents, or programs. **“Order Form”** means a written ordering document or online order executed by the parties specifying the Subtext services, Subscription Term, fees, and any additional terms agreed to by the parties. **“Personal Data”** has the meaning given to it in the DPA, or if no DPA applies, means information that identifies or can reasonably be used to identify a natural person. **“Plan”** means the then-current self-serve subscription tier selected by You through Your account dashboard or the Subtext pricing page, including the Free, Starter, and Team tiers, as each may be updated from time to time. **“Security Policy”** means Fullstory’s security practices and standards as described at [fullstory.com.pgm.c5nprx.cc/legal/security-addendum](https://www.fullstory.com.pgm.c5nprx.cc/legal/security-addendum/), as updated from time to time. **“Sessions”** means the allowance for session data volume, as specified in the applicable Order Form or Plan. **“Sensitive Data”** means: (a) protected health information subject to HIPAA; (b) payment card data subject to PCI-DSS (except masked representations); (c) children’s data subject to COPPA; (d) social security numbers or other government-issued identification numbers; (e) financial account numbers, credit reports, or personal financial information; (f) special categories of data under GDPR (racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data, health data, sex life or sexual orientation); (g) data subject to GLBA or FCRA; or (h) other information requiring heightened legal protection under applicable law. **“Subscription Term”** means the initial subscription period specified in the applicable Order Form or selected during account registration, together with any renewal periods. **“Support Policy”** means Fullstory’s technical support policy for the Service as described in the Documentation. **“Third-Party Products”** means products, services, or platforms not provided by Fullstory that You choose to integrate with or use in connection with the Service, including Your Coding Agents, browser extensions, development tools, and third-party APIs. **“Usage Data”** means data and information collected, derived, or otherwise generated by Fullstory from Customer Data and from Your use of the Service that has been anonymized, de-identified, and/or aggregated so as not to identify or permit identification of an individual or Customer. **“Your Coding Agents”** means the AI coding agents, assistants, or development tools (such as Claude Code, Cursor, Codex, Devin, Windsurf, or similar) that You connect to the Service.