WunderGraph, Inc. Cosmo Managed Service Terms of Use
Last modified: August 1st, 2024
Introduction and Scope
These WunderGraph Cosmo Managed Service Terms of Use (“Terms”), together with the terms of an applicable order form (“Order Form”) (collectively, the “Agreement”), are the only terms that govern WunderGraph, Inc.’s (“WunderGraph”) provision to you (as “Customer”) of the WunderGraph Cosmo Managed Service (the “Service”) as defined further below). These Terms and this Agreement will govern in the absence of an executed WunderGraph Cosmo Enterprise Master Services Agreement (“MSA”) between the Parties; provided, that if the Parties have executed an MSA, the terms of such MSA shall govern and supersede these Terms and this Agreement in their entirety. WunderGraph and Customer may be referred to herein collectively as the “Parties” or individually as a “Party”. WunderGraph’s provision of the Service hereunder is expressly conditioned upon Customer’s assent to these Terms and the Agreement.
BY (i) CLICKING THE “ACCEPT” BUTTON TO COMPLETE THE SIGN-UP PROCESS FOR THE COSMO MANAGED SERVICE AT HTTPS://COSMO.WUNDERGRAPH.COM OR (ii) EXECUTING AN ORDER FORM, AS APPLICABLE, YOU INDICATE YOUR EXPRESS CONSENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. If you do not wish to be bound by the terms and conditions set forth in this Agreement, you are not permitted to use the Service.
1. Definitions
a. “Customer Data” means any and all data and other information of any kind collected, uploaded, transmitted, submitted, posted or otherwise received from Customer and hosted on the Service or hosted on Customer’s device(s), either locally or on a Customer-hosted environment.
b. “Service” means the WunderGraph Cosmo Managed Service, which is a suite of applications that are delivered to Customer as a cloud-provided solution under a paid subscription, as further described in the WunderGraph Cosmo subscription plans and features overview available at: https://wundergraph.com/pricing; provided, that the Service shall not include Customer Data.
c. “Software” means the Cosmo Router component as provided by WunderGraph through GitHub, which is required to use the Service and delivered to Customer for download, and must be hosted by Customer in accordance with the Service’s documented requirements.
d. “Updates” means any bug fixes, patches, features or error corrections to the Software or Service that, in the sole discretion of WunderGraph, WunderGraph generally makes available free of charge to all licensees of the Software or Service unless such Update requires an upgrade in Service subscription plan, or is developed specifically for Customer as part of a separate Professional Services Agreement.
2. Eligibility; License
a. Eligibility. To sign up for the Service, Customer must have a functioning account and valid e-mail address for receiving billing information and Service alerts.
b. Open-Source Software License Grant. All Software provided under this Agreement shall be deemed “open-source” and licensed under the applicable code repository’s prevailing permissive open-source license. Customer shall not have any exclusive rights to the Software.
c. Service License Grant. Subject to and conditioned on Customer's compliance with all the terms and conditions of this Agreement and payment of Fees (as defined below), WunderGraph hereby grants Customer a limited, worldwide, non-exclusive, revocable, non-sublicensable, and non-transferable license during the Service subscription term to use the Service solely for the purposes authorized under Customer’s Service subscription plan.
d. Use Restrictions. Customer shall not use the Software and/or Service for any purposes beyond the scope of the licenses granted in this Agreement. Without limiting the foregoing and except as otherwise expressly set forth in this Agreement, Customer shall not at any time, directly or indirectly: (i) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Service to others; (ii) develop, sell or provide any software or service in competition with the Service; or (iii) use the Software or Service in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law.
e. Reservation of Rights. WunderGraph reserves all rights not expressly granted to Customer in this Agreement. Except for the limited rights and licenses expressly granted under this Agreement, nothing in this Agreement grants, by implication, waiver, estoppel, or otherwise, to Customer or any third party any intellectual property rights or other right, title, or interest in or to the Software or Service.
f. Customer Data. Customer is and shall remain the sole and exclusive owner of all Customer Data, including, but not limited to, personal information it loads or uses in connection with the Service. Customer hereby grants to WunderGraph a non-exclusive, non-transferable, non-sublicensable license to access and/or use the Customer Data as necessary to provide the Service and as otherwise provided under this Agreement. WunderGraph may use Customer Data for its own internal business purposes on the conditions that (i) the Customer Data is aggregated with other WunderGraph data such that WunderGraph cannot separate out Customer Data from WunderGraph’s other data; and (ii) the Customer Data is anonymized so that no personal information is available, including IP addresses.
g. Customer Responsibilities. Customer is responsible and liable for all uses of the Software and/or Service under Customer’s subscription, regardless of whether such access or use is permitted by or in violation of this Agreement. Customer represents and warrants that it has obtained and maintains all necessary consents and legal bases required under applicable data protection laws for the processing of Customer Data by WunderGraph in order to provide the Service.
h. Consent to Collection and Use of Data. By using the Software and Service or by providing WunderGraph with your personal information, you are accepting and consenting to the collection by WunderGraph of Customer Data and to the practices, terms, and conditions described in WunderGraph’s Data Processing Addendum (“DPA”), which are fully incorporated by reference herein. At all times Customer Data will be treated in accordance with the DPA, which can be viewed at https://wundergraph.com/dpa .
3. Discontinuance or Modification of Service
WunderGraph may at its sole discretion discontinue or modify the Software or Service or any features thereof in whole or in part, modify the Software or Service specifications in whole or in part, or replace the Software or Service with similar WunderGraph or third-party products at any time upon providing advance written Notice (as defined below) to Customer with a description of such discontinuation, modification or replacement.
4. No Support; Suspension of Services; Usage Limits; Extensions
a. WunderGraph provides no support for the Software or Service except and unless stated otherwise in an applicable Order Form, or as implemented by a separate support agreement. WunderGraph will provide Updates to its Software or Service as they become available. Customer assumes all risks and WunderGraph assumes no liability whatsoever if Customer: (i) fails to install Updates to Software to the latest version when made available by WunderGraph; or (ii) modifies the Software.
b. WunderGraph may suspend the Service in any one of the following cases: (i) when it is unavoidable due to maintenance; (ii) when it is unavoidable to remedy errors in telecommunication facilities at WunderGraph’s premises; (iii) when the Service cannot be provided because of suspension, outage or unavailability of service providers WunderGraph relies upon to provide the Service, including hosting providers, telecommunications circuit facility providers or internet access providers to whom WunderGraph is connected; (iv) when an illegal connection from Customer or third party is detected and there is no other means to prevent it; (v) when WunderGraph in its sole discretion is required to do so for the public interest, to protect against or prevent harm to WunderGraph and/or its users, or as required by law; (vi) when and for so long as Customer fails to pay any amounts due hereunder in a timely manner; or (vii) when Customer exceeds its allowed usage limits for its Service subscription plan. Customer will be notified of the date and duration of such suspension in advance except in emergency situations or when Customer fails to make timely payment or exceeds its usage limits for its Service subscription plan.
c. Customer acknowledges and agrees that each Service subscription plan contains feature and/or usage limits. Usage limits for the Service apply on the basis of a usage period (“Usage Period”), which is one month unless stated otherwise in the applicable Order Form. Customer may purchase usage limit extensions (“Extensions”) at a fixed size according to the price list currently in effect and as amended from time to time, or as defined in the applicable Order Form. All Extensions are non-refundable, and are applicable only to the then-current Usage Period. At the end of the Usage Period, any remaining usage credit under the Extension will become void and Customer’s usage limit will revert to its regular level under its Service subscription plan. In the event Customer exceeds the usage limits applicable to its Service subscription plan, WunderGraph reserves the right to suspend Customer’s usage of Services without prior notice until the beginning of the next month of the Customer’s Service subscription plan or Customer’s purchase of an Extension, whichever occurs first.
5. Fees and Payment; Service Upgrades
a. Fees. As a condition of using the Service, Customer consents to WunderGraph’s use of third-party payment processors (e.g., Stripe) to facilitate any payments for subscription fees (“Fees”) hereunder. Fees for Service subscription plans are according to the official WunderGraph Service price list in effect at the time of Customer’s initial account sign-up at https://cosmo.wundergraph.com and as amended from time to time, or as specified in an applicable Order Form. Where applicable, Customer shall pay WunderGraph the Fees for the applicable Service subscription plan, without offset or deduction. In cases where an Order Form is used, the terms and pricing in the Order Form shall prevail. WunderGraph reserves the right to increase Fees at the time of each Renewal (as defined below) to reflect the prices in effect on the official WunderGraph Service price list at the time of Renewal. Customer shall make all payments hereunder in U.S. dollars or other applicable currency offered by the applicable payment processor. Fees for monthly and annual Service plans are due and paid in full at the start of the subscription term without offset or deduction. If Customer fails to make any payment when due, in addition to all other remedies that may be available: (i) WunderGraph may suspend Customer’s access to the Service until payment is made; and (ii) WunderGraph may charge Customer a reactivation fee for restoring use of the Service.
b. Taxes. All Fees and other amounts payable by Customer under this Agreement are exclusive of taxes and similar assessments. Customer is responsible for all sales, use, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any national, federal, state, or local governmental or regulatory authority on any amounts payable by Customer hereunder.
c. Service Upgrades. Customer may upgrade (but not downgrade) its Service subscription plan at any time upon written Notice to WunderGraph. Upon upgrading, the Fees for the new Service subscription plan will be updated to reflect the current prices in the official price list in effect as of the time of upgrade and are due immediately. In the event Customer has paid for an annual Service subscription plan, upon upgrading, the amount paid by Customer for its previous annual Service subscription plan will be refunded to Customer in a separate transaction on a pro rata basis to the extent any unused months are left in such Service subscription plan.
6. Intellectual Property Ownership
Customer acknowledges that subject to the terms of any applicable open-source licenses used for the Software or Service, WunderGraph and/or its licensors exclusively own all right, title, and interest, including all intellectual property rights, in and to the Software and Service. No rights to the Software or Service are granted to Customer except as expressly provided in this Agreement.
7. Warranty Disclaimer; Beta Disclaimer
a. THE SOFTWARE AND SERVICE ARE PROVIDED "AS IS" AND “AS AVAILABLE” AND WUNDERGRAPH HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. WUNDERGRAPH SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WUNDERGRAPH MAKES NO WARRANTY OF ANY KIND THAT THE SOFTWARE AND/OR SERVICE, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET CUSTOMER'S OR ANY OTHER PERSON'S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY PRODUCTS, SYSTEMS OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE.
b. BETA DISCLAIMER. FEATURES OF THE SOFTWARE OR SERVICE THAT ARE IDENTIFED BY WUNDERGRAPH AS “BETA” FORM MAY CONTAIN DEFECTS. A PRIMARY PURPOSE OF SUCH BETA PROGRAMS IS TO OBTAIN FEEDBACK ON SERVICE PERFORMANCE AND THE IDENTIFICATION OF DEFECTS. CUSTOMER IS ADVISED TO SAFEGUARD IMPORTANT DATA, TO USE CAUTION AND NOT TO RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE BETA SOFTWARE OR SERVICE FEATURE. THE BETA SOFTWARE AND SERVICE FEATURES ARE PROVIDED BY WUNDERGRAPH ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, AND ANY SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
8. Indemnification
Customer shall indemnify, hold harmless, and, at WunderGraph's option, defend WunderGraph, its affiliates, directors, officers, employees and agents (collectively, “WunderGraph Indemnitees”) from and against any and all actions, claims, losses, damages, liabilities, penalties, and costs (including attorneys' fees) (each a “Claim” and, collectively, “Claims”) arising out of or relating to Customer's: (i) breach of this Agreement or negligence or willful misconduct; (ii) use of the Software or Service in a manner not authorized or contemplated by this Agreement; (iii) use of the Software or Service in combination with data, software, hardware, equipment or technology not provided by WunderGraph or authorized by WunderGraph in writing; (iv) modifications to the Software or Service not made by WunderGraph; (v) misuse of the Software or Service causing damage to WunderGraph’s or a third party’s network, servers or reputation; (vi) infringement or misappropriation of the intellectual property rights of a third party; (vii) violation of applicable law or regulation; or (viii) use of any version other than the most current version of the Software and/or Service provided to Customer, provided that Customer may not settle any such Claim against WunderGraph Indemnitees unless WunderGraph consents to such settlement, and further provided that WunderGraph will have the right, at its option, to defend itself against any such Claim or to participate in the defense thereof by counsel of its own choice.
9. Assumption of Risk
The entire risk of the use, results and performance of the Software and Service is borne by Customer. WunderGraph assumes no responsibility whatsoever for Customer’s use of the Software and/or Service, including without limitation use of any Customer-hosted environments and Software modified by Customer, and WunderGraph shall not be liable for any losses incurred by Customer or any third party arising out of or relating to Customer’s use and modification of the Software and/or Service. Customer uses and relies on the Software and/or Service at its own risk. If any deficiencies are noted in the Software and/or Service, Customer shall immediately cease all use of the Software and/or Service and not rely upon the same in any capacity. Customer’s sole and exclusive remedy relative to any defects or deficiencies in the Software and/or Service shall be as set forth in Section 10 hereof.
10. Limitations of Liability*
IN NO EVENT SHALL WUNDERGRAPH BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT, THE SOFTWARE AND/OR SERVICE UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF GOODWILL OR REPUTATION; (d) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT PRODUCTS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER WUNDERGRAPH WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT SHALL WUNDERGRAPH’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE SOFTWARE AND/OR SERVICE UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE AMOUNT OF ONE (1) MONTH’S FEES FOR THE SERVICE PROVIDED BY WUNDERGRAPH.
WunderGraph will not be liable if Customer or any third party suffers damage resulting from the following causes: (i) damages caused by the Service being unable to operate normally because of a third party intrusion; (ii) damage caused by an error or fault of hardware, software, or the network for which WunderGraph is not responsible or at fault; (iii) damage caused by Customer’s hardware, software, or network or Customer’s hosting environment; (iv) damage caused by Customer’s mistake in use of the Software and/or Service, intentional misuse of the Software and/or Service, customization or modification of the Software by Customer or on Customer's behalf by a third party, or any other use of the Software and/or Service outside of the permitted scope of this Agreement; (v) damage caused by errors in services or networks of Customer connecting to the Service; (vi) damage caused by software viruses and illegal access to Customer’s computer systems, including, without limitation, hacking; or (vii) damage caused by any fault, access failure, and performance degradation for which Customer’s internet access provider is responsible.
Customer will be liable for any excess use of resources on WunderGraph's systems, including but not limited to sending data to the Service that exceeds sample rate limits preset by WunderGraph.
WunderGraph will take reasonable commercial efforts to ensure that the Service is available to Customer at all times. However, because the Service is utilized via the Internet and through third-party networks, the quality and availability of the Service may be affected by factors outside the reasonable control of WunderGraph. Except for Service subscription plans that include an availability commitment as set forth in the official price list as amended from time to time, WunderGraph hereby disclaims any liability or responsibility whatsoever for the unavailability of the Service and/or any difficulty or inability to access content from the Service and/or any other communication system failure which may result in the Service being or becoming unavailable.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
11. Term and Termination
a. Term. This Agreement and the licenses granted hereunder are effective: (i) on the date Customer initially completes the sign-up process for the Cosmo Managed Service at https://cosmo.wundergraph.com; or (ii) on the date of execution of an Order Form, as applicable, and shall continue for as long as Customer uses the Software and/or Service and timely pays all Fees (if applicable) (“Term”), unless this Agreement is terminated under this section. Customer’s obligations under this Agreement will survive any termination of this Agreement and will remain in effect as long as the Software remains on any device owned or used by Customer. The Service subscription term will be as set forth in the applicable Order Form or determined by the Service subscription plan purchased by Customer, as applicable. This Agreement will automatically renew for additional renewal periods of the same duration as the previously applicable Service subscription term (each, a “Renewal”) until terminated according to the terms hereof.
b. Termination. WunderGraph may immediately terminate this Agreement and/or any Service subscription for convenience at any time and for any or no reason upon written notice to Customer. Further, WunderGraph may immediately terminate this Agreement and/or any Service subscription at any time upon written notice to Customer if Customer fails to comply with any terms or conditions of this Agreement or fails to pay Fees when due. If Customer signed up for the Service using the sign-up process at https://cosmo.wundergraph.com, Customer may terminate this Agreement and/or any Service subscription for convenience at any time and for any or no reason effective immediately by terminating their paid Service subscription or deleting their user account. If Customer executed an Order Form, Customer may terminate this Agreement and/or any Service subscription for convenience at any time and for any or no reason effective immediately by sending a written termination request to WunderGraph by email to [email protected].
c. Effect of Termination. Upon termination of this Agreement, Customer’s access to the Service and all licenses granted hereunder will also terminate. No termination will affect Customer's obligation to pay all Fees that may have become due before such termination. If Customer signed up the Service using the sign-up process at https://cosmo.wundergraph.com and is on a monthly paid Service subscription plan, Customer will receive no refund of Fees upon termination of this Agreement for any reason. If Customer executed an Order Form and has prepaid Fees for an annual Service subscription plan, Customer will receive a pro-rata refund of Fees in the event WunderGraph terminates this Agreement for convenience pursuant to Section 11.b or if Customer terminates this Agreement pursuant to Section 12.b. Customer is not entitled to receive any refund of Fees upon termination of this Agreement except as expressly provided herein.
d. Survival. This Section 11 (Term and Termination) and Sections 1 (Definitions), 2(d) (Use Restrictions), 5 (Fees and Payment; Service Upgrades), 6 (Intellectual Property Ownership), 7 (Warranty Disclaimer; Beta Disclaimer), 8 (Indemnification), 9 (Assumption of Risk), 10 (Limitations of Liability), and 12 (Miscellaneous) shall survive the termination of this Agreement.
12. Miscellaneous
a. Entire Agreement. This Agreement, together with any other documents incorporated herein by reference and all attachments, exhibits or appendices, constitutes the sole and entire agreement of the Parties with respect to the subject matter of this Agreement and supersedes all prior and contemporaneous understandings, agreements, and representations and warranties, both written and oral, with respect to such subject matter.
b. Changes to Terms. WunderGraph may elect to change or supplement these Terms from time to time in its sole discretion. WunderGraph will exercise commercially reasonable efforts to provide Notice to Customer of any material changes to these Terms. If Customer does not agree to such changes, Customer must: (i) delete the Customer’s account (if Customer signed up using the sign up process at https://cosmo.wundergraph.com); or (ii) send a termination request to WunderGraph by email at [email protected] (if Customer executed an Order Form), in each case within ten (10) business days after the new Terms take effect. If Customer continues using the Software and/or Services after the ten (10) business day period after the new Terms take effect, Customer will be deemed to have accepted the changes to these Terms and will be bound thereby.
c. Force Majeure. Except for payment obligations hereunder, in no event shall either Party be liable to the other, or be deemed to have breached this Agreement, for any failure or delay in performing its obligations under this Agreement, if and to the extent such failure or delay is caused by any circumstances beyond a Party’s reasonable control, including but not limited to: (i) acts of God; (ii) flood, fire, earthquake, epidemics, pandemics or explosion; (iii) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (iv) government order, law, or actions; (v) embargoes or blockades in effect on or after the date of this Agreement; (vi) national or regional emergency; and (vii) power or telecommunications outage or shortage of adequate power, communications or transportation facilities, whether belonging to that Party or any third party.
d. Waiver. No waiver by WunderGraph of any of the provisions of this Agreement will be effective unless explicitly set forth in writing and signed by an authorized representative of WunderGraph.
e. Severability. If any provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
f. Governing Law; Jurisdiction. Customer agrees that (i.) this Agreement and any matters arising out of or relating to this Agreement are governed by and construed in accordance with the internal laws of the State of Delaware, United States of America, without giving effect to any choice or conflict of law provision or rule that would require or permit the application of the laws of any jurisdiction other than those of the State of Delaware. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement; (ii.) any suit, action or proceeding arising out of or relating to this Agreement, the purchase and sale of the Service, and the relationship of the Parties shall be instituted in a state or federal court located in the County of Miami-Dade, State of Florida; provided, that WunderGraph reserves the right to initiate any suit, action or proceeding against Customer for breach of this Agreement in any court of competent jurisdiction. In the event WunderGraph brings any proceeding to enforce its rights hereunder including for any breach of any of the provisions of this Agreement, WunderGraph will be entitled in such proceeding to recover its reasonable attorneys' fees together with the costs and expenses of such proceeding. CUSTOMER AND WUNDERGRAPH HEREBY AGREE TO WAIVE ANY RIGHT TO TRIAL BY JURY WITH RESPECT TO ANY DISPUTE CONCERNING THIS AGREEMENT AND/OR THE SERVICE; and (iii.) any dispute or other action arising out of or relating to this Agreement must be brought by Customer within one (1) year of the date the event giving rise to the cause of action occurred or it shall be forever barred.
g. Assignment. WunderGraph may assign its rights or obligations hereunder without restriction, and may, in its sole discretion, engage subcontractors and/or sub-processors to provide all or part of the Service without restriction. Customer may not assign or transfer any of its rights or delegate any of its obligations hereunder, in each case whether voluntarily, involuntarily, by operation of law or otherwise, without the prior written consent of WunderGraph. This Agreement is binding upon and inures to the benefit of the Parties hereto and their respective permitted successors and assigns.
h. Export Regulation. The Software and/or Service may be subject to U.S. export control laws, including the Export Control Reform Act and its associated regulations. Subject to the terms of this Agreement, Customer shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Software and/or Service available outside the U.S.
i. Equitable Relief. Customer acknowledges and agrees that a breach or threatened breach by Customer of any of its obligations under Sections 2(d) or 6 would cause WunderGraph irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, WunderGraph will be entitled to equitable relief from any court of competent jurisdiction, without any requirement to post a bond or other security, or to prove actual damages. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, or otherwise.
j. Notices. Except for Service upgrade requests under Section 5(c) or termination requests under Sections 11(b) and 12(b) which may be made by electronic mail, all notices, requests, consents, claims, demands, waivers, and other communications hereunder (each, a “Notice”) to WunderGraph must be in writing and addressed to WunderGraph at the following address: WunderGraph, Inc., 66 W Flagler St Ste. 900, Miami, FL 33130 U.S.A. All Notices to WunderGraph must be delivered by personal delivery, nationally recognized overnight courier (with all fees pre-paid), or certified or registered mail (in each case, return receipt requested, postage pre-paid). Customer consents to Notice by nationally recognized overnight courier, certified or registered mail, or by electronic mail, in each case sent to the address designated by Customer during the sign-up process at https://cosmo.wundergraph.com or the applicable Order Form.
