FullstoryFree - Free Plan Terms of Use
Last Updated: Aug 1, 2025
PLEASE READ THE “BINDING ARBITRATION AND CLASS ACTION WAIVER” SECTION BELOW. THESE FullstoryFree Terms CONTAIN A MANDATORY INDIVIDUAL ARBITRATION PROVISION (THE “ARBITRATION AGREEMENT”) AND A CLASS ACTION/JURY TRIAL WAIVER PROVISION (THE “CLASS ACTION/JURY TRIAL WAIVER”) THAT REQUIRE, UNLESS YOU OPT OUR PURSUANT TO THE INSTRUCTIONS IN THE ARBITRATION AGREEMENT, THE EXCLUSIVE USE OF FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES BETWEEN YOU AND FULLSTORY, INCLUDING ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE YOU AGREED TO THESE FullstoryFree 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, PRIVACY ATTORNEY GENERAL, OR REPRESENTATIVE ACTION OR PROCEEDING.
These FullstoryFree Terms of Use (these “FullstoryFree Terms”) are an agreement between You and Fullstory, Inc. (and its affiliates) (“Fullstory”). They apply to Fullstory’s free (no-cost) digital experience intelligence service (the “Free Services”), and any updates to the Free Services (except to the extent such updates are accompanied by new or additional FullstoryFree Terms, in which case those different FullstoryFree Terms apply prospectively and do not alter Your or Fullstory’s rights relating to a pre-updated version of the Free Services). As used in these FullstoryFree Terms and unless separately identified as applicable to either an individual or entity, “You” and “Your” refer to both you individually and the entity on behalf of which you are entering into these FullstoryFree Terms.
BY CLICKING THE “ACCEPT” BUTTON OR OTHERWISE ACKNOWLEDGING YOUR ACCEPTANCE OR USING THE FREE SERVICES, YOU (A) ACCEPT THESE FULLSTORYFREE TERMS AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS FULLSTORYFREE TERMS; AND (B) REPRESENT AND WARRANT THAT: (I) YOU ARE 18 YEARS OF AGE; AND (II) IF YOU ARE ENTERING INTO THESE FullstoryFree Terms ON BEHALF OF A CORPORATION, GOVERNMENTAL ORGANIZATION, OR OTHER LEGAL ENTITY, YOU HAVE THE RIGHT, POWER, AND AUTHORITY TO ENTER INTO THESE FULLSTORYFREE TERMS ON BEHALF OF SUCH ENTITY AND BIND SUCH ENTITY TO ITS FullstoryFree Terms. IF YOU DO NOT AGREE TO THESE FULLSTORYFREE TERMS, FULLSTORY WILL NOT AND DOES NOT LICENSE TO YOU OR OTHERWISE GIVE YOU ACCESS OR USE RIGHTS WITH RESPECT TO THE FREE SERVICES, AND YOU MUST NOT LOG IN OR OTHERWISE USE THE FREE SERVICES.
1. USE RIGHTS.
a) General. Subject to Your ongoing compliance with these FullstoryFree Terms, Fullstory gives You a nonexclusive, nontransferable, nonsublicensable, revocable and limited right to access and use the Free Services for internal business purposes.
b) Use Requirements. Your use of the Free Services is subject to the following, and You warrant to Fullstory the same:
i. You will use the Free Services solely for analytics purposes such as experimenting on Your website and A/B testing. You will not use the Free Services to create user profiles.
ii. You will not use the Free Services in connection with content which may contain sensitive user materials, such as health care, financial services, or government-related information, or material that is infringing, dangerous, harmful, deceptive, obscene, threatening, libelous, or otherwise objectionable, unlawful, or tortious material, including material harmful to children or which violates third-party privacy rights.
iii. You will comply with all applicable laws, rules and regulations related to Your access and use of the Free Services, including but not limited to privacy and security laws (as detailed further in Section 4).
c) Third Party Software. The Free Services may include or integrate with third party applications that Fullstory or the applicable third party offers You under these FullstoryFree Terms as part of the Free Services. Your use of such integrations or third party applications is subject to full compliance with the applicable FullstoryFree Terms of such third party applications.
d) Open Source Components. The Free Services may contain third party copyrighted software licensed under open source licenses. Copies of those licenses are included in the “ThirdPartyNotices” file or other accompanying notices file. Fullstory will not incorporate into the Free Services any open source libraries that are subject to a license commonly referred to as an open source license in a manner that obligates You to disclose, make available, offer, or deliver the source code of any software owned or licensed by You to a third party.
2. TERM AND TERMINATION.
a) Term. These FullstoryFree Terms are effective on Your acceptance and apply for as long as You use the Free Services. These FullstoryFree Terms may be terminated by Fullstory in its sole discretion for any or no reason per Section 9, “Changes to the Free Services.” Fullstory may extend these FullstoryFree Terms in its discretion.
b) Access to data. You may not be able to access data used in the Free Services when it stops running or when these FullstoryFree Terms terminate.
3. FEEDBACK. If You give feedback about the Free Services to Fullstory, You hereby assign to Fullstory all rights (including intellectual property rights), title, and interest in and to Your feedback. You will not give feedback that is subject to a license that requires Fullstory to license its software or documentation to third parties because Fullstory includes Your feedback in them. These rights survive these FullstoryFree Terms.
4. DATA PROTECTION.
4.1. Definitions.
a) “Controller” means the natural or legal person, public authority, agency or any other body which alone or jointly with others determines the purposes and means of the Processing of Personal Data.
b) “Data Protection Law” means any law, rule, regulation, decree, statute, or other enactment, order, mandate or resolution, applicable to You or Fullstory’s data security, data protection, and/or privacy practices, including, to the extent applicable, Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to processing of personal data and the free movement of that data (“GDPR”), and any implementing, derivative, or related legislation, rule, regulation, and regulatory guidance, as amended, extended, repealed and replaced, or re-enacted.
c) “Personal Data” means any data or information that constitutes personal data or personal information under any applicable Data Protection Law, including any information relating to a natural person.
d) “Personal Data Breach” means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to Personal Data.
e) “Processing” means any operation or set of operations that is performed on Personal Data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination, or otherwise making available, alignment or combination, restriction, erasure, or destruction. “Process” and “Processed” will have a corresponding meaning.
f) “Sensitive Data” means any Personal Data that requires a heightened degree of protection by applicable law, including, but not limited to racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning a natural person's sex life or sexual orientation, data concerning health, social security numbers or other government-issued identification numbers, financial account numbers, credit card or debit card numbers, CVVs, credit report information or other personal financial information, or other information that is subject to international, federal, state, or local laws or ordinances now or hereafter enacted requiring heightened standards for data protection or privacy, including but not limited to the Health Insurance Portability and Accounting Act, the Health Information Technology for Economic and Clinical Health Act, the Fair Credit Reporting Act, the Children’s Online Privacy Protection Act, the Gramm-Leach-Bliley Act, and special categories of data as defined in the General Data Protection Regulation.
4.2. Description of the Data Processing Activities.
a) Subject Matter of the Processing: Information, including Personal Data, that the parties Process in connection with the Free Services.
b) Duration of the Processing: The parties will Process Personal Data consistent with the duration of these FullstoryFree Terms.
c) Nature and Purpose of the Processing: The Free Services will enable You to analyze the activity and characteristics of Your websites and applications and users of Your websites or applications, for example, capturing data about user mouse movements and performance data about specific web pages.
d) Type of Personal Data Implicated by the Processing: The Free Services assign a unique user ID to each user. Any information associated with that user ID is Personal Data. Fullstory may collect statistical data about Your use of the Free Services.
e) Categories of Individuals Affected by the Processing: Individuals who access Your websites that have integrated the Free Services. The parties may also Process the Personal Data of their respective employees in the course of using the Free Services.
4.3. Data Security. With respect to confidential information, including Personal Data, and any aggregated data that the parties may create from Personal Data, the parties will implement reasonable physical, technical, and organizational security controls to prevent or mitigate the effect of a breach of security that could or did cause the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, such confidential information or aggregate data. When the parties choose security controls, they will take into account the state of the art; cost of implementation; the nature, scope, context, and purposes of Personal Data Processing; and the risk to individuals of a security incident or breach affecting confidential information or aggregate data.
4.4. Data Processing Obligations.
a) Compliance with Law. The parties will comply with Data Protection Law.
b) Privacy Policies. You will maintain a privacy notice that complies with Data Protection Law, and such privacy notice will fully and accurately describe and enable the Personal Data Processing set out in these FullstoryFree Terms. Your privacy notice will disclose that third parties such as Fullstory may collect Personal Data from individuals visiting Your websites and/or applications and offer appropriate and effective opt-out choices as required by Data Protection Law.
c) Status of the Parties; Data Uses.
i. In performance of its obligations relating to the Processing of Personal Data under these FullstoryFree Terms, Fullstory acts as "processor," “service provider” or "sub-processor" as those terms are defined under Data Protection Law. Fullstory’s function as processor, service provider or sub-processor will be determined by the function of You:
(i) Where You act as a Controller, Fullstory acts as a processor or service provider.
(ii) Where You act as a processor on behalf of another Controller, Fullstory acts as a sub-processor.
ii. You will not disclose Personal Data that includes Sensitive Data to Fullstory.
iii. Fullstory may use any and all Personal Data it collects in connection with the Free Services as instructed by You herein these FullstoryFree Terms and in the Data Processing Agreement (“DPA”) available at https://www.fullstory.com/legal/form-of-standard-dpa/, incorporated herein by reference. Notwithstanding anything to the contrary in the DPA, You instruct Fullstory to anonymize, de-identify and aggregate Personal Data for the purposes of developing and improving Fullstory’s and its partner’s products and services, reporting and performance analysis, and model training. Such anonymized, de-identified and aggregated data is no longer Personal Data and, for the avoidance of doubt, not subject to any rights or obligations associated with the Processing of Personal Data.
iv. All non-Personal Data Processed by Fullstory through Your use of the Free Services is and will be owned solely and exclusively by Fullstory, and, to the extent any ownership rights in or to such data vest in You, You hereby assign to us all rights (including intellectual property rights), title, and interest in and to same.
v. We may use and share information in an aggregated or de-identified manner at our discretion, including for research and development, model training and analysis, marketing, industry insights and trends, sharing with business partners, aggregate analytics and benchmarking, and improvement of our products and Free Services.
d) Lawful Basis of Processing. To the extent that You are required by Data Protection Laws to have a lawful basis of Processing Personal Data, such as consent or legitimate interests, Your Processing of Personal Data will be consistent with that lawful basis. If Your lawful basis of Processing is consent, You will obtain consent consistent with applicable Data Protection Law and the scope of the consent You obtain will enable Fullstory to use the Personal Data it collects for the purposes described in these FullstoryFree Terms.
e) Cooperation. The parties will make commercially reasonable efforts to assist each other, upon request, to make information available necessary to demonstrate compliance with Data Protection Law, respond to inquiries from governmental entities, and respond to requests from individuals to exercise rights afforded to them under Data Protection Law.
4.5. Conflict with Other Agreements. To the extent You have entered into a separate master subscription agreement, FullstoryFree Terms of service, or data protection agreement (collectively, “Other FullstoryFree Terms”), in the event of any conflict between these FullstoryFree Terms and any Other FullstoryFree Terms, these FullstoryFree Terms will prevail with respect to Your free use of the Free Services.
5. SCOPE OF LICENSE. The Free Services are licensed, not sold. You understand and acknowledge that Fullstory (or our licensors, as applicable) own and will continue to own all rights (including intellectual property rights), title, and interest in and to the Free Services, all materials and content displayed or otherwise made available on and/or through the Free Services (including, without limitation, images, text, graphics, illustrations, logos, photographs, audio, videos, music, and user content belonging to other users), and all software, algorithms, code, technology, and intellectual property underlying and/or included in or with the Free Services. Fullstory reserves all other rights. You will not (and have no right to):
a) work around any technical limitations in the Free Services that only allow You to use it in certain ways;
b) reverse engineer, decompile, or disassemble the Free Services;
c) remove, minimize, block, or modify any notices of Fullstory or its suppliers in the Free Services;
d) use the Free Services in any way that is against the law or to create or propagate malware; or
e) share, publish, distribute, or lend the Free Services, provide the Free Services as a stand-alone hosted solution for others to use, or transfer the Free Services or this agreement to any third party.
6. EXPORT RESTRICTIONS. Each party will comply with all domestic and international export laws and regulations that apply to the Free Services, which include restrictions on destinations, end users, and end use.
7. SUPPORT SERVICES. Fullstory is not obligated under these FullstoryFree Terms or otherwise to provide any support services for the Free Services. Any support provided is “as is”, “with all faults”, and without warranty of any kind.
8. UPDATES. Fullstory may periodically deploy updates to the Free Services in its sole discretion. You may obtain and will use updates only from Fullstory or authorized sources. You agree to receive these automatic updates without any additional notice. Updates may not include or support all existing Free Services features, services, or peripheral devices.
9. CHANGES TO THE FREE SERVICES. Fullstory may change (including by removing features or charging additional fees for features previously provided free or at different rates), update, enhance, or modify the Free Services at any time and may require You to obtain and use the most recent versions. Modifications may affect Your ability to use the Free Services and may require You to change (at Your sole cost) the way You previously used it. If any modification is unacceptable to You, Your only recourse is to stop using the Free Services. Your continued use of the Free Services following any update or change to the Free Services will constitute Your binding acceptance to the update or change. Fullstory will not be liable for any costs that You incur, or for lost profits or damages of any kind related to any such modification. Fullstory may cancel or suspend Your use of the Free Services or our provision of the Free Services partially or in its entirety at any time. Fullstory’s cancellation or suspension may be without cause, without notice, or both. Upon cancellation, Your right to use the Free Services will cease immediately.
10. FEES AND PAYMENTS. Fullstory may charge fees for use of or access to some or all of the Free Services. If Fullstory decides to charge, or charge additional or lesser fees for the Free Services, such fees and additional FullstoryFree Terms and conditions will be disclosed to You prior to the effective date when such fees or requirements would be imposed. If You do not agree to such modifications, then You must stop using the Free Services. If You do not stop using the Free Services, Your use of the Free Services will continue under the modified contract.
11. YOUR RESPONSIBILITY. You will indemnify and hold Fullstory (and its directors, officers, affiliates, and agents) harmless from and against any and all loss, liability, and expense (including reasonable attorneys’ fees and costs) suffered or incurred by reason of any claims, proceedings, or suits based on or arising out of any breach (or alleged breach) by You of these FullstoryFree Terms or any part of it, or that otherwise relates to Your website(s), Your application(s), or Your use of the Free Services. You are responsible to defend any claim using mutually-agreed counsel, subject to Fullstory’s right to participate with counsel it selects, and You will not publicize any claim or agree to any settlement that imposes any obligation or liability on Fullstory (or its directors, officers, affiliates, and agents) without Fullstory’s prior written consent, such consent provided by Fullstory in its sole discretion.
12. BINDING ARBITRATION AND CLASS ACTION WAIVER.
a) General. READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM FULLSTORY. This Arbitration Agreement applies to and governs any dispute, controversy, or claim between You and Fullstory that arises out of or relates to, directly or indirectly: (i) these FullstoryFree Terms, including the formation, existence, breach, termination, enforcement, interpretation, validity, and enforceability thereof; (ii) access to or use of the Free Services, including receipt of any advertising or marketing communications; (iii) any transactions through, by, or using the Free Services; or (iv) any other aspect of Your relationship or transactions with Fullstory (each, a “Claim,” and, collectively, “Claims”). This Arbitration Agreement will apply, without limitation, to all Claims that arose or were asserted before or after Your consent to these FullstoryFree Terms.
b) Opting Out of Arbitration Agreement. You can reject and opt out of this Arbitration Agreement within thirty (30) days of accepting these FullstoryFree Terms by emailing Fullstory at legal@fullstory.com with Your full, legal name and stating Your intent to opt out of this Arbitration Agreement. Opting out of this Arbitration Agreement does not affect the binding nature of any other part of these FullstoryFree Terms, including the provisions regarding controlling law or the courts in which any disputes must be brought.
c) Dispute-Resolution Process. For any Claim, You will first contact Fullstory at legal@fullstory.com and attempt to resolve the Claim with Fullstory informally. In the unlikely event that the parties have not been able to resolve a Claim after sixty (60) days, the parties each agree to resolve such Claim exclusively through binding arbitration by JAMS before a single arbitrator (the “Arbitrator”), under the Optional Expedited Arbitration Procedures then in effect for JAMS (the “Rules”), except as provided herein. JAMS may be contacted at www.jamsadr.com, where the Rules are available. In the event of any conflict between the Rules and this Arbitration Agreement, this Arbitration Agreement will control. The arbitration will be conducted in the U.S. county where You live (if applicable) or New Castle County, Delaware, unless You and Fullstory agree otherwise. If You are using the Free Services for commercial purposes, each party will be responsible for paying any JAMS filing and administrative fees and Arbitrator fees in accordance with the Rules, and the award rendered by the Arbitrator will include costs of arbitration, reasonable attorneys’ fees, and reasonable costs for expert and other witnesses. If You are an individual using the Free Services for non-commercial purposes: (i) JAMS may require You to pay a fee for the initiation of Your case, unless You apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the Arbitrator may include Your costs of arbitration, Your reasonable attorneys’ fees, and Your reasonable costs for expert and other witnesses; and (iii) You may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this would not absolve You of Your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the Arbitrator may be entered in any court of competent jurisdiction. You and Fullstory agree that the Arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve any disputes relating to the scope, interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator will also be responsible for determining all threshold arbitrability issues, including issues relating to whether these FullstoryFree Terms are, or whether any provision of these FullstoryFree Terms is, unconscionable or illusory, and any defense to arbitration, including waiver, delay, laches, unconscionability, and/or estoppel.
d) Equitable Relief. NOTHING IN THIS ARBITRATION AGREEMENT WILL BE DEEMED AS: PREVENTING FULLSTORY FROM SEEKING INJUNCTIVE OR OTHER EQUITABLE RELIEF FROM THE COURTS AS NECESSARY TO PREVENT THE ACTUAL OR THREATENED INFRINGEMENT, MISAPPROPRIATION, OR VIOLATION OF OUR DATA SECURITY, CONFIDENTIAL INFORMATION, OR INTELLECTUAL PROPERTY RIGHTS; OR PREVENTING YOU FROM ASSERTING CLAIMS IN A SMALL CLAIMS COURT, PROVIDED THAT YOUR CLAIMS QUALIFY AND SO LONG AS THE MATTER REMAINS IN SUCH COURT AND ADVANCES ON ONLY AN INDIVIDUAL (NON-CLASS, NON-COLLECTIVE, AND NON-REPRESENTATIVE) BASIS.
e) Severability. If this Arbitration Agreement is found to be void, unenforceable, or unlawful, in whole or in part, the void, unenforceable, or unlawful provision, in whole or in part, will be severed. Severance of the void, unenforceable, or unlawful provision, in whole or in part, will have no impact on the remaining provisions of this Arbitration Agreement, which will remain in force, or on the parties’ ability to compel arbitration of any remaining Claims on an individual basis pursuant to this Arbitration Agreement. Notwithstanding the foregoing, if the Class Action/Jury Trial Waiver below is found to be void, unenforceable, or unlawful, in whole or in part, because it would prevent You from seeking public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in a civil court of competent jurisdiction. All other claims for relief subject to arbitration under this Arbitration Agreement will be arbitrated under its FullstoryFree Terms, and the parties agree that litigation of any dispute regarding the entitlement to public injunctive relief will be stayed pending the outcome of any individual claims in arbitration.
f) Class Action/Jury Trial Waiver. BY ENTERING INTO THESE FullstoryFree Terms, YOU AND FULLSTORY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO BRING, JOIN, OR PARTICIPATE IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND AS A PLAINTIFF OR CLASS MEMBER. THE FOREGOING APPLIES TO YOU, REGARDLESS OF WHETHER YOU HAVE OBTAINED OR USED THE FREE SERVICES FOR PERSONAL, COMMERCIAL, OR OTHER PURPOSES. THIS CLASS ACTION/JURY TRIAL WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS FULLSTORY AGREES OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S OR ENTITY’S CLAIMS. YOU AND FULLSTORY AGREE THAT THE ARBITRATOR MAY AWARD RELIEF ONLY TO AN INDIVIDUAL CLAIMANT AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF ON YOUR INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED MAY NOT AFFECT OTHER USERS OF THE FREE SERVICES.
13. ENTIRE AGREEMENT. These FullstoryFree Terms, and any other FullstoryFree Terms Fullstory may provide for supplements, updates, or third-party applications, is the entire agreement for the Free Services, and supersede all other oral and written agreements and understandings with respect to the Free Services. Fullstory may make changes to these FullstoryFree Terms by providing notice to You, which may be via email or posting a revised FullstoryFree Terms of Use on its website or otherwise. Your continued use of the Free Services after Fullstory provides You sufficient notice pursuant to the preceding sentence constitutes Your binding acceptance of such revised FullstoryFree Terms of Use.
14. APPLICABLE LAW AND PLACE TO RESOLVE DISPUTES. You will comply with all applicable laws, regulations and ordinances. The laws of the state of Georgia, U.S.A. govern the interpretation of these FullstoryFree Terms, claims for its breach, and all other claims (including consumer protection, unfair competition, and tort claims), regardless of conflict of laws principles, except that the FAA governs everything related to arbitration. You and Fullstory consent to exclusive jurisdiction and venue in the federal courts in Georgia for all disputes heard in court (excluding arbitration).
15. CONSUMER RIGHTS; REGIONAL VARIATIONS. These FullstoryFree Terms describe certain legal rights. You may have other rights, including consumer rights, under the laws of Your state, province, or country. These FullstoryFree Terms do not change those other rights if the laws of Your state, province, or country do not permit it to do so.
16. DISCLAIMER. THE FREE SERVICES AND ANY DOCUMENTATION RELATED THERETO PROVIDED OR MADE AVAILABLE BY FULLSTORY IS PROVIDED ON AN “AS IS” AND “WHERE-IS” BASIS, WITH ALL FAULTS AND DEFECTS. YOU ACKNOWLEDGE THAT YOU BEAR THE FULL AND SOLE RISK OF USING THE FREE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FULLSTORY HEREBY DISCLAIMS ALL WARRANTIES, GUARANTEES, OR CONDITIONS, EXPRESS OR IMPLIED, WITH RESPECT TO THE FREE SERVICES OR THE SUBJECT MATTER OF THESE FullstoryFree Terms, INCLUDING ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS, INCLUDING SHARING OF INFORMATION, WITH OTHER USERS. WE RESERVE THE RIGHT, BUT HAVE NO OBLIGATION, TO MONITOR DISPUTES BETWEEN YOU AND OTHER USERS. WE EXPRESSLY DISCLAIM ALL LIABILITY ARISING FROM YOUR INTERACTIONS WITH OTHER USERS, AND FOR ANY USER’S ACTION OR INACTION.
17. LIMITATION ON AND EXCLUSION OF DAMAGES. IF YOU HAVE ANY BASIS FOR RECOVERING DAMAGES DESPITE THE PRECEDING DISCLAIMER OF WARRANTY, YOU CAN RECOVER FROM FULLSTORY AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. IN NO EVENT WILL FULLSTORY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR FREE SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE FREE SERVICES OR THESE FullstoryFree Terms.
This limitation applies to (a) anything related to the Free Services, content (including code) on third party Internet sites, or third party applications; and (b) claims for breach of contract, warranty, guarantee, or condition; strict liability, negligence, or other tort; or any other claim; in each case to the extent permitted by applicable law.
It also applies even if Fullstory knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to You because Your state, province, or country may not allow the exclusion or limitation of incidental, consequential, or other damages.
18. CONFIDENTIAL INFORMATION. The Free Services, including its user interface, features, and documentation, is confidential and proprietary to Fullstory and its suppliers.
a) Use. For five years after installation or use of the Free Services, You may not disclose confidential information to third parties. You may disclose confidential information only to Your employees and consultants who need to know the information. You must have written agreements with them that protect the confidential information at least as much as these FullstoryFree Terms.
b) Survival. Your duty to protect confidential information survives these FullstoryFree Terms.
c) Exclusions. You may disclose confidential information in response to a judicial or governmental order. You must first give written notice to Fullstory to allow it to seek a protective order or otherwise protect the information. Confidential information does not include information that:
i. becomes publicly known through no wrongful act;
ii. You received from a third party who did not breach confidentiality obligations to Fullstory or its suppliers; or
iii. You developed independently without use of Fullstory’s confidential information.
d) Marketing. You agree that Fullstory may reference You and Your marks and logos as a user of the Free Services in a case study, press release, or on its website or other marketing collateral, without Your prior written consent, or any other obligation or accounting to You. You may withdraw your consent to this section (18(d)) by sending an email to: legal@fullstory.com.
e) Publicity. You will not communicate with the press or public regarding the Free Services without Fullstory’s prior written consent.
19. SURVIVAL. The following sections of these FullstoryFree Terms survive termination: 2, 3, 4, 6, 7, and 11-20.
20. CHANGES TO THIS AGREEMENT. Fullstory may modify these FullstoryFree Terms from time to time in its sole discretion, and so You should review this page periodically. When Fullstory changes these FullstoryFree Terms in a material manner, Fullstory will update the ‘last updated’ date at the top of this page and notify You that material changes have been made to these FullstoryFree Terms.