We are updating our Terms of Service on January 2, 2019 to improve readability (e.g., punctuation and capitalization of defined terms), add clarifying language to certain terms and obligations, and include new language in Section 11.2 regarding how they relate to language in customer provided purchase orders.
The following sections cover the details of the changes.
The Oxford comma (e.g., hiking, biking, and running) is now being consistently used. Some run-on sentences have been split into separate sentences (e.g., definition of "Form" in Section 1; final sentence - now two sentences - of Section 4 ). Defined terms are now consistently used (e.g., use of "You/Your" and "Aha!" instead of "each of us" in Section 3). Several articles, prepositions, and conjunctions have been removed from Section 7 to improve sentence structure and flow. We have also renumbered Section 10 (Indemnification) to improve ease of reference to sub-subsections.
The definitions of "End-User" and "Subscriber" in Section 1 have been reworded to eliminate confusion about their meaning. A customer's data protection obligations have been clarified to include its own collection and processing functions in Section 2.4. A term that was defined but only used once ("Planned Downtime") has been removed in Section 2.5. A sentence in Section 3.2 explaining that third-party services that a customer chooses to use ("Other Services") are at the customer's risk has been re-worded for clarity. Similarly, language was added in Section 5 to clarify that no warranty is made by Aha! regarding Other Services. A clause has been added to the end of Section 3.3 to clarify the obligation to protect Confidential Information. Language has been added to Section 8, clarifying that the disclaimer of warranty related to information or advice provided by Aha! includes that provided by employees. Section 9.3 has been updated to clearly state that the limitations of liability in the prior subsections do not apply to either party's indemnification obligations. The indemnification language in Section 10 has been clarified to include "and defend" which is part of the enumerated obligations but was never stated clearly.
New language in Section 11.2
Section 11.2 contains three new sentences. The first sentence ("You are not relying on any representations or warranties other than those expressly provided herein.") is added to clarify that neither party has been told something that is not in the agreement in order to get that party to enter the contract. The second and third sentences ("These Terms will control over any standard or boilerplate terms included on any document provided by You or a third party acting on your behalf to Aha! including but not limited to purchase orders. Any such terms are expressly rejected by Aha! and are not part of these Terms.") are added to clarify that the Aha! Terms of Service is the sole agreement governing the use of the Services and any additional terms that are referenced or appear on standard forms are not part of the agreement.
Please send any questions about these pending changes to firstname.lastname@example.org.