Terms of Service

1. Business Service

Netblinks is intended primarily for business and professional use.

You must be at least 18 years old or the age of legal majority where you live and capable of entering into a binding agreement.

Unless Netblinks expressly agrees otherwise in writing, the Services are not intended to be consumer services for personal, family or household use.

2. The Netblinks Platform

Netblinks provides analytics and data-interaction software that may enable authorized users to:

• connect supported databases and data sources;
• inspect database schemas and metadata;
• ask questions using natural language;
• generate SQL;
• execute or facilitate execution of authorized database queries;
• review query results;
• create visualizations and dashboards;
• save queries or related information;
• generate explanations, summaries or other AI-assisted outputs;
• process database documentation or historical query information;
• configure workspaces and users; and
• use other functionality Netblinks makes available.

Available functionality may depend on your subscription plan, deployment method, database type, configuration, AI provider, usage entitlement, geographic availability and other technical factors.

Netblinks may improve, modify, replace or discontinue features from time to time in accordance with these Terms.

3. Orders and Order of Precedence

A Customer may obtain Services through:

• an online subscription;
• an order form;
• a written proposal;
• a trial;
• an enterprise agreement; or
• another written purchasing document accepted by Netblinks

(each, an “Order”).

If documents conflict, the following order of precedence applies for the conflicting matter unless expressly stated otherwise:

1. a signed Order;
2. a signed negotiated agreement between Customer and Netblinks;
3. the Data Processing Addendum for matters concerning processing of Customer Personal Data;
4. these Terms; and
5. other incorporated policies.

A document issued by Customer, including a purchase order, does not modify these Terms unless Netblinks expressly agrees to the modification in writing.

4. Accounts, Organizations and Authorized Users

Customer may permit authorized employees, contractors or other users to access the Services (“Authorized Users”) within the limits of its subscription.

Customer is responsible for:

• determining who is permitted to use its account;
• maintaining accurate account information;
• promptly removing users who should no longer have access;
• safeguarding authentication credentials;
• actions performed through Customer-controlled accounts;
• administration of Customer's organizations, tenants and workspaces; and
• ensuring Authorized Users comply with these Terms.

An Authorized User must not share credentials with another person except through functionality expressly designed for shared or delegated access.

Customer must promptly notify Netblinks at support@netblinks.com if it reasonably suspects unauthorized access or compromise.

5. Subscription Plans and Usage Entitlements

Subscription plans may differ in:

• number of Authorized Users;
• number of database connections;
• database-column or other capacity limits;
• AI-request allowances;
• document or historical-query limits;
• dashboard limits;
• AI configuration;
• support level;
• deployment options; and
• other features or usage entitlements.

Current plan descriptions and pricing may be displayed on Netblinks' pricing page, within the Services or in an Order.

Usage limits are part of the applicable subscription.

If Customer exceeds an applicable limit, Netblinks may:

• reject additional usage;
• restrict the affected functionality;
• request that Customer reduce usage;
• offer an upgraded plan; or
• apply another remedy identified in the applicable Order.

Netblinks is not required to provide unlimited usage merely because technical functionality temporarily permits usage beyond an advertised entitlement.

6. Trials

Netblinks may offer a time-limited trial.

Unless otherwise stated, a trial is intended solely to allow Customer to evaluate the Services.

Trial functionality, limits and availability may differ from paid plans.

Netblinks may refuse, suspend or terminate a trial where reasonably necessary to prevent abuse, protect the Services, comply with law or enforce trial restrictions.

TRIAL SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY SERVICE-LEVEL COMMITMENT.

Unless required by applicable law, interruption, limitation or termination of a free trial does not entitle Customer to compensation.

7. Fees, Billing and Taxes

Customer must pay all applicable fees stated in the pricing presented at purchase or in the applicable Order.

Except where otherwise expressly stated:

• fees are quoted exclusive of applicable taxes;
• Customer is responsible for legally applicable taxes other than taxes imposed on Netblinks' net income;
• fees are payable in the currency identified at purchase;
• plan changes may alter future fees; and
• failure to pay amounts when due may result in suspension or termination.

If a subscription automatically renews, the renewal terms presented during purchase or stated in the applicable Order apply.

Netblinks may change publicly offered prices for future billing periods by providing notice required by applicable law or contract.

Unless an Order expressly provides otherwise, a price change does not retroactively change fees already paid for a completed billing period.

8. Refunds and Service Credits

Except where required by applicable law or expressly provided in an Order:

• subscription fees are non-refundable;
• unused usage allowances have no cash value;
• unused portions of a subscription do not create a right to reimbursement;
• service interruption does not automatically create a right to a refund or service credit; and
• reporting a software defect does not automatically create an entitlement to compensation.

If Netblinks voluntarily issues a refund or credit in one circumstance, that does not create an obligation to do so in another circumstance.

9. Early-Stage and Evolving Technology

Customer acknowledges that Netblinks is evolving software.

Software defects, incomplete functionality, compatibility issues, integration failures, infrastructure interruptions, inaccurate interpretations, unexpected behavior and other errors may occur.

If an issue is reported to Netblinks or otherwise comes to our attention, we will use commercially reasonable efforts to investigate and, where appropriate, correct the issue.

However, Netblinks does not promise:

• that every reported issue will be corrected;
• that a correction will occur within any particular period;
• that a particular workaround will be available;
• that an error will not recur;
• that the Services will be uninterrupted; or
• that all functionality will operate correctly in every Customer environment.

Unless expressly stated in a signed service-level agreement, no guaranteed uptime, response time, restoration time, resolution time or service credit applies.

10. Artificial Intelligence and Automated Outputs

Certain features of Netblinks use or may use artificial intelligence, machine learning, large-language models, embedding models or other automated technologies.

Such functionality may produce:

• generated SQL;
• natural-language answers;
• summaries;
• explanations;
• database interpretations;
• suggested visualizations;
• classifications;
• recommendations;
• generated metadata; and
• other outputs

(collectively, “Generated Output”).

10.1 Generated Output May Be Wrong

Generated Output may be:

• inaccurate;
• incomplete;
• misleading;
• outdated;
• inconsistent;
• non-unique;
• unsuitable for Customer's intended purpose; or
• technically valid but logically inappropriate for Customer's data.

The same or similar input may produce different results.

Netblinks does not represent that Generated Output is factually correct merely because it was generated successfully.

10.2 Human Review Is Required

Customer is responsible for reviewing and validating Generated Output before relying on it.

In particular, Customer should review generated SQL and its intended effect before executing or relying upon it.

Customer remains responsible for business decisions made using information produced through the Services.

10.3 High-Risk Decisions

Unless expressly agreed in writing, Customer must not use Netblinks as the sole basis for decisions involving:

• medical diagnosis or treatment;
• human safety;
• legal rights;
• credit eligibility;
• employment selection;
• insurance eligibility;
• criminal justice;
• financial investment decisions;
• essential public services; or
• another decision that could produce similarly significant effects for an individual.

Netblinks provides technology and analytics functionality, not professional advice.

11. Database Connections and Customer Systems

Customer controls the databases, systems and information it chooses to connect to Netblinks.

Customer represents and warrants that it has all rights and permissions necessary to connect those systems and allow the Services to process the information made available through them.

Customer is responsible for:

• providing only authorized credentials;
• configuring appropriate database permissions;
• maintaining backups appropriate for its business;
• protecting its source systems;
• determining what data Netblinks may access;
• reviewing Generated Output;
• evaluating queries before consequential use;
• complying with applicable database and cloud-provider agreements; and
• ensuring that use of data through Netblinks is lawful.

11.1 Least Privilege

Netblinks strongly recommends that Customer use dedicated, least-privilege credentials and, where technically appropriate, read-only database access.

If Customer grants permissions capable of modifying, deleting or administratively affecting a database, Customer accepts responsibility for determining whether those permissions are appropriate.

11.2 Customer-Authorized Queries

To the maximum extent permitted by law, Netblinks is not responsible for loss, corruption, alteration or other consequences caused by:

• Customer instructions;
• Customer-approved or Customer-executed queries;
• permissions configured by Customer;
• unauthorized credentials supplied by Customer;
• actions by Customer's users; or
• third-party systems outside Netblinks' reasonable control.

12. Bring Your Own Key (“BYOK”)

Certain plans may allow Customer to use Customer-provided credentials for an AI provider.

When Customer uses BYOK:

• Customer maintains its own contractual relationship with the applicable AI provider;
• the provider's terms and privacy practices may apply directly to Customer;
• Customer is responsible for charges incurred through its provider account;
• Customer is responsible for maintaining valid credentials;
• Netblinks does not control the provider's pricing, availability, model behavior or policies; and
• suspension or termination of Customer's third-party account may affect Netblinks functionality.

Netblinks may process the supplied credential only as necessary to provide the requested integration and should protect it using the security mechanisms applicable to the relevant deployment.

13. Managed AI

Certain plans may provide AI capabilities through credentials or infrastructure managed by Netblinks (“Managed AI”).

Managed AI usage is subject to applicable subscription limits.

Netblinks may use third-party AI, cloud, model or infrastructure providers to provide Managed AI functionality.

Those providers may modify:

• model availability;
• technical limits;
• service availability;
• safety controls;
• pricing;
• interfaces; or
• other functionality.

Netblinks may replace or change a provider or model when reasonably necessary to maintain, secure, improve or economically operate the Services.

Netblinks does not guarantee that a particular third-party model will remain available indefinitely.

14. Customer Data

“Customer Data” means information submitted to, connected to, stored in, transmitted to, retrieved through or otherwise processed by the Services on Customer's behalf.

Customer Data may include, depending on Customer's use:

• database schema information;
• table and column metadata;
• database documentation;
• prompts and questions;
• SQL;
• query results;
• uploaded documents;
• historical queries;
• saved queries;
• dashboard information;
• configuration;
• database content retrieved in response to authorized requests; and
• personal data contained in such information.

As between Customer and Netblinks, Customer retains ownership of Customer Data.

Customer grants Netblinks a limited, non-exclusive right to host, copy, process, transmit, retrieve, transform and otherwise use Customer Data only as reasonably necessary to:

• provide the Services;
• perform Customer's instructions;
• maintain and secure the Services;
• prevent fraud or abuse;
• provide support;
• comply with applicable law; and
• exercise other rights expressly permitted by Customer.

Netblinks does not acquire ownership of Customer's underlying databases merely because Customer connects them to the Services.

15. Use of Customer Data for AI Training

Unless Customer expressly agrees otherwise in writing, Netblinks will not use Customer Data to train a generally available Netblinks foundation model whose training would cause Customer Data to become part of a model intended for use by unrelated customers.

This restriction does not prevent Netblinks from:

• processing Customer Data to provide functionality requested by Customer;
• generating embeddings or other representations necessary for Customer's own use of the Services;
• using anonymized or aggregated operational information that does not identify Customer or an individual;
• detecting abuse or security problems; or
• improving systems using data Customer has expressly authorized for that purpose.

Third-party AI providers may have their own terms concerning data handling. BYOK Customers are responsible for evaluating the terms applicable to their chosen provider.

For Managed AI, Netblinks will contract and configure providers in accordance with Netblinks' applicable privacy and data-processing commitments.

16. Personal Data and Data Processing

Where Netblinks processes personal data within Customer Data on Customer's behalf, Customer acts as controller or business, and Netblinks acts as processor, service provider or equivalent role to the extent required by applicable law.

Such processing is governed by the Netblinks Data Processing Addendum (“DPA”), which is incorporated into these Terms where legally applicable.

Customer is responsible for:

• establishing a lawful basis for processing;
• providing required notices;
• obtaining required permissions or consents;
• responding to individuals as controller where required;
• determining whether particular data should be connected to the Services; and
• configuring the Services consistent with Customer's legal obligations.

17. Confidentiality

“Confidential Information” means non-public information disclosed by one party (“Disclosing Party”) to the other (“Receiving Party”) that is identified as confidential or that reasonably should be understood to be confidential based on its nature and circumstances.

Customer Data is Customer Confidential Information.

Non-public source code, product architecture, security information and pricing provided under confidentiality are Netblinks Confidential Information.

The Receiving Party will:

• use Confidential Information only to exercise rights or perform obligations relating to the Services;
• protect it using reasonable care and at least the care used to protect its own similar confidential information; and
• disclose it only to personnel, contractors and service providers who have a need to know and are subject to appropriate confidentiality obligations.

Confidential Information does not include information the Receiving Party can demonstrate:

• was lawfully known without confidentiality restriction;
• becomes public without breach;
• is independently developed without use of Confidential Information; or
• is lawfully received from another person without confidentiality restriction.

A Receiving Party may disclose information where legally required, provided that it gives notice when legally permitted and reasonably cooperates with efforts to seek confidential treatment.

18. Security

Netblinks uses administrative, technical and organizational measures designed to protect the Services and Customer Data.

Measures may include, as appropriate to the relevant environment:

• authentication and access controls;
• tenant or logical access controls;
• least-privilege practices;
• protected secret storage;
• encryption in transit;
• encryption at rest where supported by applicable infrastructure;
• logging and monitoring;
• network restrictions;
• backups or recovery mechanisms;
• software patching;
• vulnerability management; and
• incident-response procedures.

No system can be guaranteed to be completely secure.

Customer remains responsible for securing Customer-controlled systems, accounts, networks, credentials and database permissions.

19. Third-Party Services and Subprocessors

Netblinks may use third-party services to operate the Services, including cloud infrastructure, identity, email, payment, monitoring and AI providers.

A current list of material subprocessors may be published by Netblinks.

Netblinks is not responsible for an interruption caused solely by a third-party service outside Netblinks' reasonable control.

This Section does not limit obligations Netblinks assumes concerning subprocessors under an applicable DPA.

20. Acceptable Use

Customer and Authorized Users must not use the Services to:

• violate applicable law;
• access a database, account or system without authorization;
• infringe intellectual-property, privacy or other rights;
• distribute malware;
• conduct denial-of-service activity;
• circumvent usage or security controls;
• probe or test Netblinks security without prior written authorization;
• interfere with other customers;
• use stolen or improperly obtained credentials;
• transmit content Customer has no right to process;
• facilitate fraud or unlawful discrimination; or
• enable another person to do any of the above.

Customer must not intentionally use the Services to develop malware, destructive queries or instructions designed to damage systems belonging to others.

21. Suspension

Netblinks may suspend access where reasonably necessary because of:

• non-payment;
• material breach of these Terms;
• suspected credential compromise;
• material security risk;
• prohibited activity;
• legal or governmental requirement;
• excessive usage threatening service stability;
• conduct that may harm Netblinks or another customer; or
• an urgent technical condition requiring suspension.

Where reasonably practicable, Netblinks will attempt to notify Customer and restore access after the underlying problem has been addressed.

22. Netblinks Intellectual Property

Netblinks and its licensors retain all right, title and interest in the Services, including:

• software;
• source code;
• interfaces;
• designs;
• documentation;
• algorithms;
• models owned by Netblinks;
• trademarks;
• technology; and
• improvements.

These Terms grant Customer only the limited right to use the Services during the applicable subscription.

No right is granted by implication.

23. Customer Feedback

If Customer voluntarily provides suggestions, ideas or feedback concerning Netblinks, Customer grants Netblinks a perpetual, worldwide, irrevocable, royalty-free right to use that feedback to operate and improve its business and Services.

This does not transfer ownership of Customer Data or Customer's pre-existing intellectual property to Netblinks.

24. Beta, Preview and Experimental Features

Netblinks may identify certain functionality as beta, preview, early access, experimental or similar.

Such functionality may:

• be incomplete;
• contain additional errors;
• change materially;
• be subject to lower or different limits;
• be discontinued; and
• not be appropriate for production use.

Unless otherwise agreed in writing, beta or preview functionality is provided without service-level commitments and without any promise that it will become generally available.

25. Support and Maintenance

Support availability depends upon Customer's plan or Order.

Netblinks may investigate reported errors and provide fixes, workarounds, documentation or other assistance at its discretion or according to an applicable support commitment.

A support request does not guarantee correction of a defect or create a right to compensation.

26. Service Changes

Netblinks may modify the Services for reasons including:

• product improvement;
• security;
• legal compliance;
• third-party dependency changes;
• infrastructure changes;
• performance;
• availability;
• technical feasibility; or
• commercial sustainability.

Netblinks will use reasonable efforts to avoid materially reducing core paid functionality during a current subscription term without reasonable justification.

Nothing in this Section prevents urgent changes required for security, legal compliance or service stability.

27. Customer Backups and Business Continuity

Customer should maintain backups and recovery procedures appropriate to its business.

Netblinks does not replace Customer's responsibility to back up Customer-controlled source databases or other systems.

Netblinks is not Customer's authoritative system of record unless an applicable Order expressly states otherwise.

28. No Professional Advice

Netblinks provides software and technology.

Netblinks does not provide:

• legal advice;
• accounting advice;
• tax advice;
• investment advice;
• medical advice;
• financial advisory services;
• regulatory certification; or
• independent security-audit opinions.

Customer should obtain appropriate professional advice before making consequential decisions.

29. Disclaimers

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES, GENERATED OUTPUT, BETA FEATURES AND RELATED MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

NETBLINKS DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF:

• MERCHANTABILITY;
• FITNESS FOR A PARTICULAR PURPOSE;
• TITLE;
• NON-INFRINGEMENT;
• ACCURACY;
• COMPLETENESS;
• QUIET ENJOYMENT; AND
• ERROR-FREE OR UNINTERRUPTED OPERATION.

NETBLINKS DOES NOT WARRANT THAT:

• THE SERVICES WILL ALWAYS BE AVAILABLE;
• GENERATED SQL WILL ALWAYS BE CORRECT;
• GENERATED OUTPUT WILL BE FACTUALLY ACCURATE;
• ALL DEFECTS WILL BE CORRECTED;
• THIRD-PARTY SERVICES WILL REMAIN AVAILABLE;
• CUSTOMER DATA OR DATABASE STRUCTURES WILL ALWAYS BE INTERPRETED CORRECTLY;
• THE SERVICES WILL SATISFY EVERY CUSTOMER REQUIREMENT; OR
• USE OF THE SERVICES WILL PRODUCE A PARTICULAR BUSINESS, FINANCIAL, TECHNICAL OR ANALYTICAL RESULT.

Some jurisdictions do not allow particular warranty exclusions. In such jurisdictions, these exclusions apply only to the maximum extent permitted by applicable law.

30. Limitation of Liability

30.1 Excluded Damages

TO THE FULLEST EXTENT PERMITTED BY LAW, NETBLINKS AND ITS AFFILIATES, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, LICENSORS AND SUPPLIERS WILL NOT BE LIABLE FOR:

• INDIRECT DAMAGES;
• INCIDENTAL DAMAGES;
• SPECIAL DAMAGES;
• EXEMPLARY DAMAGES;
• PUNITIVE DAMAGES;
• CONSEQUENTIAL DAMAGES;
• LOST PROFITS;
• LOST REVENUE;
• LOST BUSINESS;
• LOST OPPORTUNITY;
• LOSS OF GOODWILL;
• LOSS, CORRUPTION OR UNAVAILABILITY OF DATA;
• BUSINESS INTERRUPTION;
• DATABASE INTERRUPTION;
• COST OF SUBSTITUTE SERVICES;
• THIRD-PARTY PROVIDER FAILURES; OR
• DAMAGES ARISING FROM INACCURATE AI OUTPUT OR GENERATED SQL,

REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF NETBLINKS WAS ADVISED THAT SUCH DAMAGES WERE POSSIBLE.

30.2 Aggregate Liability Cap

TO THE FULLEST EXTENT PERMITTED BY LAW, NETBLINKS' TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES, THESE TERMS AND ALL APPLICABLE ORDERS WILL NOT EXCEED THE AMOUNT ACTUALLY PAID BY CUSTOMER TO NETBLINKS FOR THE AFFECTED SERVICE DURING THE THREE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE FIRST CLAIM.

FOR FREE SERVICES, TRIAL SERVICES OR A CLAIM BY A USER WHO HAS PAID NO FEES TO NETBLINKS, NETBLINKS' TOTAL AGGREGATE LIABILITY WILL NOT EXCEED US $100.

MULTIPLE EVENTS OR CLAIMS DO NOT INCREASE THESE LIMITS.

30.3 Basis of Bargain

Customer acknowledges that the pricing and availability of the Services reflect this allocation of risk and that these limitations are an essential basis of the agreement between Customer and Netblinks.

30.4 Non-Excludable Liability

Nothing in these Terms excludes or limits liability to the extent such liability cannot legally be excluded or limited.

Where applicable law permits limitation but not exclusion, Netblinks' liability will be limited to the maximum extent permitted by that law.

31. Customer Indemnification

To the extent permitted by law, Customer will defend, indemnify and hold harmless Netblinks and its affiliates, members, directors, officers and employees from third-party claims, damages, liabilities and reasonable legal costs arising from:

• Customer Data that infringes or violates a third party's rights;
• Customer's unlawful use of the Services;
• unauthorized access by Customer to another person's database or system;
• Customer's material violation of these Terms; or
• Customer's violation of applicable law,

except to the extent the claim results from Netblinks' conduct for which indemnification cannot lawfully be required.

Netblinks will give Customer reasonable notice of a covered claim and reasonable cooperation at Customer's expense.

32. Force Majeure

Neither party is responsible for delay or failure caused by circumstances beyond its reasonable control, including:

• natural disaster;
• fire;
• flood;
• war;
• terrorism;
• civil disorder;
• governmental action;
• widespread cyberattack;
• internet disruption;
• telecommunications failure;
• utility failure;
• cloud-provider outage;
• third-party infrastructure failure; or
• labor disruption.

This Section does not excuse Customer from paying amounts already due.

33. Term and Termination

These Terms begin when Customer first accepts them or uses the Services and continue while Customer has access to the Services.

Customer may terminate according to the cancellation process applicable to its subscription.

Netblinks may terminate or suspend the Services if Customer:

• materially breaches these Terms;
• fails to cure a curable material breach after reasonable notice;
• fails to pay amounts when due;
• uses the Services unlawfully;
• creates a material security risk; or
• becomes subject to a legal requirement requiring termination.

Netblinks may terminate a free account or discontinued offering upon reasonable notice unless urgent circumstances require earlier termination.

34. Effect of Termination

Upon termination:

• Customer's right to use the affected Services ends;
• unpaid amounts remain due;
• Customer should export information it needs before access ends where export functionality is available;
• Netblinks may delete Customer Data in accordance with the DPA, applicable Order and retention practices; and
• provisions intended by their nature to survive remain effective.

Sections concerning confidentiality, intellectual property, disclaimers, liability, indemnification, governing law and accrued payment obligations survive termination.

35. Data Export and Deletion

Customer is responsible for exporting information it requires before termination where export functionality is available.

Following termination or expiration, Netblinks may retain Customer Data for a limited period for operational recovery, legal requirements, backup rotation or dispute purposes before deletion or anonymization.

Where Netblinks acts as processor of personal data, deletion and return obligations are governed by the DPA.

Netblinks is not required to preserve Customer Data indefinitely after termination.

36. Changes to These Terms

Netblinks may update these Terms to reflect changes in:

• law;
• Services;
• technology;
• security requirements;
• third-party dependencies; or
• business practices.

The updated version will display a revised “Last Updated” date.

For a material change affecting an existing paid subscription, Netblinks will provide additional notice where required by law or reasonably appropriate.

A change will not retroactively eliminate rights already accrued before its effective date.

If Customer does not agree to materially revised Terms, Customer's remedy is to discontinue the affected Services at the end of the applicable paid period, except where applicable law provides another remedy.

37. Notices

Netblinks may provide notices through:

• the Services;
• email to Customer's registered administrative address;
• the Netblinks website; or
• another reasonable electronic method.

Customer is responsible for keeping contact information current.

Formal legal notices to Netblinks should be sent to:

contactus@netblinks.com

with a copy to any address designated by Netblinks for formal notice.

38. Governing Law and Courts

These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law principles.

Subject to mandatory rights that cannot lawfully be waived, the state courts located in Travis County, Texas, and the United States federal courts in the Western District of Texas, Austin Division, will have exclusive jurisdiction over disputes arising out of or relating to these Terms or the Services.

Each party consents to personal jurisdiction and venue in those courts.

The United Nations Convention on Contracts for the International Sale of Goods does not apply.

39. Export Controls and Sanctions

Customer must comply with applicable export-control and economic-sanctions laws.

Customer may not use, export, re-export or make the Services available where prohibited by applicable law.

Customer represents that it is not prohibited from receiving the Services under applicable sanctions or export restrictions.

40. Assignment

Customer may not assign these Terms without Netblinks' prior written consent, except where applicable law prohibits such restriction.

Netblinks may assign these Terms in connection with:

• a merger;
• acquisition;
• corporate restructuring;
• financing;
• sale of substantially all relevant assets; or
• operation of law.

41. Independent Contractors

The parties are independent contractors.

These Terms do not create:

• a partnership;
• joint venture;
• fiduciary relationship;
• agency relationship; or
• employment relationship.

Neither party may bind the other except as expressly authorized.

42. Severability and Waiver

If a provision is held unenforceable, it will be enforced to the maximum lawful extent and the remaining provisions remain effective.

Failure to enforce a provision does not waive that provision.

43. Entire Agreement

These Terms, applicable Orders, the DPA and documents expressly incorporated by reference constitute the agreement governing Customer's use of the Services.

They supersede prior or contemporaneous discussions concerning the same subject matter, except for a separately executed agreement expressly intended to supersede these Terms.

The Netblinks Website Terms of Use continue to govern use of the public Website.

44. Contact

Netblinks LLC Austin, Texas, United States

Support and privacy inquiries: support@netblinks.com

General and legal inquiries: contactus@netblinks.com