WunderGraph Hub Terms of Use

Last modified: July 18th, 2025

Introduction and Scope

These WunderGraph Hub Terms of Service (“Terms”), together with the terms of an applicable order form (“Order Form”), the Privacy Policy available at https://wundergraph.com/privacy-policy , and the Hub Data Processing Addendum available at https://wundergraph.com/hub-dpa (collectively, the “Agreement”), are the only terms that govern WunderGraph, Inc.’s (“WunderGraph”) provision to you (as “Customer”) of the WunderGraph Hub service (the “Service”) as further defined below. These Terms and this Agreement will govern in the absence of an executed WunderGraph 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”.

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 which is processed and stored by the Service.

b. “Effective Date” means the date on which a Customer initially completes the sign-up process for WunderGraph Hub at https://hub.wundergraph.com or the date of execution of an Order Form, as applicable.

c. “Intellectual Property Rights” means patents, utility models, rights to inventions, copyright and related rights, trade marks and service marks, trade names and domain names, rights in get-up, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to preserve the confidentiality of information (including know-how and trade secrets) and any other intellectual property rights, including all applications for (and rights to apply for and be granted), renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist, now or in the future, in any part of the world.

d. “Notice” means any written notice, request, consent, claim, demand, waiver, or other communication sent by email to a Party’s designated Notice address and deemed given when sent (provided no delivery failure message is received). Notices to Customer shall be sent to the email address used to sign up for the Service, or to the email address set forth on an applicable Order Form. Notices to WunderGraph shall be sent to [email protected].

e. “Public Holidays” mean weekends and days on which the banks in New York are closed.

f. “Service” means the WunderGraph Hub Service, an application that is delivered to Customer as a cloud-provided solution under a paid subscription, as further described in the WunderGraph Hub subscription plans and features overview available at https://wundergraph.com/hub .

g. Subscription Term means the period that commences on the Effective Date and continues until the termination of the Agreement pursuant to Section 10.

h. “Subscription Period” means each consecutive period of one calendar month, unless defined otherwise in an applicable Order Form, during a Subscription Term, the first of which commences on the Subscription Term’s Effective Date. Each subsequent Subscription Period begins immediately upon the expiration of the preceding Subscription Period.

i. “Support” means the provision of explanations, advice on software architecture, guidance and troubleshooting help by WunderGraph in relation to the Service upon request by Customer. It excludes training, consulting services and professional services (e.g. custom development or configuration on behalf of Customer).

j. “Updates” means any bug fixes, patches, features or error corrections to the Service that, in the sole discretion of WunderGraph, WunderGraph generally makes available free of charge to all subscribers of the 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.

k. “User” means a person who accesses the Service by means of an account legitimally provisioned by Customer.

2. Eligibility; License

a. Eligibility. The User warrants that he or she are authorized by Customer to sign up for the Service on behalf of a Customer organization. Customer must provide a valid e-mail address for receiving billing information, Notices and Service alerts.

b. Service License Grant. Subject to and conditioned on Customer's compliance with all the terms and conditions of this Agreement and payment of all Fees (as defined below), WunderGraph hereby grants Customer a limited, worldwide, non-exclusive, revocable, non-sublicensable, and non-transferable license during the Subscription Term to use the Service solely for the purposes authorized under Customer’s Service subscription plan.

c. Use Restrictions. Customer shall not use the 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 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 or export-control regulation.

d. 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 Service.

e. Customer Data Ownership. 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 analytics and product improvement for the duration of this Agreement 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.

f. Customer Responsibilities. Customer is responsible and liable for all uses of the 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.

g. Consent to Collection and Use of Data. By using the Service or by providing WunderGraph with personal information, Customer accepts and consents to the collection of Customer Data by WunderGraph and to the practices, terms, and conditions described in WunderGraph’s Hub Data Processing Agreement (“Hub DPA”), which are fully incorporated by reference herein. At all times Customer Data will be treated in accordance with the Hub DPA, which can be viewed at https://wundergraph.com/hub-dpa .

h. Consent to AI integration. The Service requires artificial intelligence (AI) systems to function, which includes Large Language Models (LLMs) and generative AI to generate content in response to a User prompt. Customer accepts and consents to Customer Data to be shared with, stored and processed by AI service sub-processors as defined by the Hub DPA. WunderGraph and its sub-processors shall not use Customer Data to train generative AI models.

3. Discontinuance or Modification of Service

WunderGraph may at its sole discretion modify the Service, the specification or any features thereof in whole or in part at any time. WunderGraph may discontinue or replace the Service with similar WunderGraph or third-party products at any time upon providing six (6) months written notice to Customer.

4. Support; Suspension of Services; Usage Limits; Extensions

a. WunderGraph provides no Support for the 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 Service as they become available.

b. WunderGraph may suspend the Service in any one of the following cases: (i) when it is unavoidable due to scheduled 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. WunderGraph shall notify Customer 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. Usage Periods begin on the day of the Effective Date and continuously begin again on the day following their expiration until the Agreement is terminated. Customer may purchase usage limit extensions (“Extensions”) at a fixed size according to the then-current price list, 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 Usage Period 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://hub.wundergraph.com and as amended from time to time, or as specified in an applicable Order Form. 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 are due and paid in full at the start of each Subscription Period without offset or deduction. If Customer fails to make any payment when due, in addition to all other remedies that may be available, WunderGraph may suspend Customer’s access to the Service until payment is made.

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 its Service subscription plan at any time upon written Notice to WunderGraph or by purchasing a higher plan from within the Service. Upon upgrading, the Fees for the Service subscription plan will be updated to reflect the then-current prices in the official price, which are due immediately. Any unused Fees pre-paid under the previous Service subscription plan will be refunded on a pro-rata basis in a separate transaction or subtracted from an applicable Order Form under which the Service subscription plan upgrade is executed.

6. Intellectual Property Ownership; Confidentiality

a. Customer acknowledges that WunderGraph and/or its licensors exclusively own and shall retain all right, title, and interest, including all intellectual property rights, in and to the Service and to all software, technology, documentation and content provided or made available by WunderGraph in connection therewith. Except as expressly provided herein, no rights to the Service or to any associated Intellectual Property Rights are granted to Customer under this Agreement, whether by implication, estoppel or otherwise.

b. The Parties agree that all Customer Data shall remain the exclusive intellectual property of Customer, and that no rights to Customer Data shall be granted to WunderGraph except as expressly provided in this Agreement.

c. Customer hereby grants WunderGraph a limited, non‑exclusive, non‑transferable, non‑sublicensable and revocable licence during the Subscription Term to display the Customer logo on the WunderGraph website.

d. Either party (a “Disclosing Party”) may disclose to the other party (a “Receiving Party”) certain confidential information regarding its technology and business (“Confidential Information”). Subject to the terms and conditions herein, the Receiving Party agrees to keep confidential and not disclose or use any Confidential Information except to support its use or provision of the Service. Confidential Information shall not include information that Receiving Party can prove: (i) was already lawfully known to, or independently developed by, Receiving Party without access to or use of Confidential Information; (ii) was received by Receiving Party from any third party without restrictions; (iii) is publicly and generally available, free of confidentiality restrictions; or (iv) is required to be disclosed by law, regulation or is requested in the context of a law enforcement investigation, provided that Receiving Party provides Disclosing Party with prompt notice of such requirement and cooperates in order to minimize such requirement. Receiving Party shall restrict disclosure of Confidential Information to those of its affiliates, employees, agents, consultants and subcontractors who have a reasonable need to know such information and who are bound by written confidentiality obligations no less restrictive than those set out herein.

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 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 SERVICE THAT ARE IDENTIFIED 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 SERVICE FEATURE. THE BETA 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 gross negligence or willful misconduct; (ii) use of the Service in a manner not authorized or contemplated by this Agreement; (iii) misuse of the Service causing damage to WunderGraph’s or a third party’s network, servers or reputation; (iv) infringement or misappropriation of the intellectual property rights of a third party; or (v) violation of applicable law or regulation, 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.

WunderGraph shall defend, indemnify, and hold Customer harmless from and against any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys’ fees, arising out of or in connection with third-party claims alleging infringement by the Service of any patent or copyright or misappropriation of any trade secret.

9. Limitations of Liability

UNLESS REQUIRED BY LAW, IN NO EVENT SHALL WUNDERGRAPH BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT AND THE 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 Service, intentional misuse of the Service, or any other use of the 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 or size 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, or as set forth by an applicable Order Form, 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.

10. Term and Termination

a. Term. This Agreement and the licenses granted hereunder are effective as of the Effective Date and shall continue for the duration of the Subscription Term provided Customer timely pays all applicable Fees, unless this Agreement is terminated under this Section.

b. Termination. Either Party may terminate this Agreement and any applicable Order Form for convenience at any time effective at the end of the then-current Subscription Period. In order for Customer to terminate the Agreement, it shall delete any existing User accounts with the Service provided that no applicable Order Form is in effect. In order for WunderGraph to terminate the Agreement, WunderGraph shall provide prior written Notice to Customer. If an applicable Order Form is in effect, the terminating Party shall provide prior written Notice to the other Party. Upon termination of an applicable Order Form, this Agreement shall also terminate.

c. Termination for Cause. WunderGraph may immediately terminate this Agreement and any applicable Order Form 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.

d. 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 the Subscription Period is one month, Customer will receive no refund of Fees upon termination of this Agreement for any reason. If the Subscription Period exceeds one month, Customer shall receive a pro-rata refund of any pre-paid, unused and undisputed Fees provided that the Agreement is terminated pursuant to Section 10.b, to be paid out within thirty (30) days from the Termination effective date. Customer is not entitled to receive any refund of Fees upon termination of this Agreement except as expressly provided herein.

e. Survival. This Section 10 (Term and Termination) and Sections 1 (Definitions), 2.c (Use Restrictions), 5 (Fees and Payment; Service Upgrades), 6 (Intellectual Property Ownership; Confidentiality), 7 (Warranty Disclaimer; Beta Disclaimer), 8 (Indemnification), 9 (Limitations of Liability), and 11 (Miscellaneous) shall survive the termination of this Agreement.

11. 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 terminate the Agreement and any applicable Order Forms pursuant to Section 10.b., whereas the then-current version of the Terms shall remain applicable until the termination effective date. If Customer continues using the Service 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 New Castle, State of Delaware; 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 three (3) years 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 except in the case of a change of control event such as a merger, acquisitions, reorganization, public offering. 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 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 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.c 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.