Last updated: January 31st, 2025

Acceptance of These Terms of Service

Liveblocks, Inc. (“Liveblocks,” “we,” “us,” or “our”) provides our services(described below) and related content to you through our website(s) located athttps://liveblocks.io (the “Site”) and related technologies (such relatedtechnologies and the Site, including any updated or new features, functionalityand technology, the “Service”). All access and use of the Service is subject tothe terms and conditions contained in these Terms of Service (as amended fromtime to time, these “Terms of Service”). By accessing, browsing, or otherwiseusing the Site or any other aspect of the Service, you acknowledge that you haveread, understood, and agree to be bound by these Terms of Service. If you do notaccept the terms and conditions of these Terms of Service, you will not access,browse, or otherwise use the Service.

We reserve the right, at our sole discretion, to change or modify portions ofthese Terms of Service at any time. If we do this, we will post the changes onthis page and will indicate at the top of this page the date these Terms ofService were last revised. You may read a current, effective copy of these Termsof Service by visiting the “Terms of Service” link on the Site. We will alsonotify you of any material changes, either through the Service user interface, apop-up notice, email, or through other reasonable means. Your continued use ofthe Service after the date any such changes become effective constitutes youracceptance of the new Terms of Service. You should periodically visit this pageto review the current Terms of Service so you are aware of any revisions. If youdo not agree to abide by these or any future Terms of Service, you will notaccess, browse, or use (or continue to access, browse, or use) the Service.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TOARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES,AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION)THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, ANDFURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST LIVEBLOCKS ON ANINDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ORREPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEKRELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUALBASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST USRESOLVED BY A JURY OR IN A COURT OF LAW.

Your Privacy: At Liveblocks, we respect the privacy of our users. For moreinformation about how we handle the personal information of our users on theSite, please see our Privacy Policy, located atliveblocks.io/privacy (the “Privacy Policy”). To the extent your useof the Service legally requires the parties to enter into data processing termswith respect to our processing of your personal information, our DPA applies andis hereby incorporated by reference. Our DPA is located at:liveblocks.io/dpa.

Additional Terms: In addition, when using certain features through the Service,you will be subject to any additional terms applicable to such features that maybe posted on or within the Service from time to time. All such terms are herebyincorporated by reference into these Terms of Service.

Access and Use of the Service

Service Description: The Service is designed to helps companies build realtimecollaborative experiences.

Your Registration Obligations: You may be required to register with Liveblocksor provide information about yourself (e.g., name and email address) in order toaccess and use certain features of the Service. If you choose to register forthe Service, you agree to provide and maintain true, accurate, current, andcomplete information about yourself as prompted by the Service’s registrationform. Registration data and certain other information about you are governed byour Privacy Policy. If you are under 13 years of age, you are not authorized touse the Service, with or without registering. In addition, if you are under 18years old, you may use the Service, with or without registering, only with theapproval of your parent or guardian.

Member Account, Password and Security: You are responsible for maintaining theconfidentiality of your password and account details, if any, and are fullyresponsible for any and all activities that occur under your password oraccount. You agree to (a) immediately notify Liveblocks of any unauthorized useof your password or account or any other breach of security, and (b) ensure thatyou exit from your account at the end of each session when accessing theService. Liveblocks will not be liable for any loss or damage arising from yourfailure to comply with this paragraph.

Modifications to Service: Liveblocks reserves the right to modify ordiscontinue, temporarily or permanently, the Service (or any part thereof) withor without notice. You agree that Liveblocks will not be liable to you or to anythird party for any modification, suspension or discontinuance of the Service.

General Practices Regarding Use and Storage: You acknowledge that Liveblocks mayestablish general practices and limits concerning use of the Service, includingthe maximum period of time that data or other content will be retained by theService and the maximum storage space that will be allotted on Liveblocks’s orits third-party service providers’ servers on your behalf. You agree thatLiveblocks has no responsibility or liability for the deletion or failure tostore any data or other content maintained or uploaded by the Service. Youacknowledge that Liveblocks reserves the right to terminate accounts that areinactive for an extended period of time. You further acknowledge that Liveblocksreserves the right to change these general practices and limits at any time, inits sole discretion, with or without notice.

Conditions of Access and Use

User Conduct: You are solely responsible for all code, video, images,information, data, text, software, music, sound, photographs, graphics,messages, and other materials (“content”) that you make available to Liveblocks,including by uploading, posting, publishing, or displaying (hereinafter,“upload(ing)”) via the Service or by emailing or otherwise making available toother users of the Service (collectively, “User Content”). The following areexamples of the kinds of content and/or uses that are illegal or prohibited byLiveblocks. Liveblocks reserves the right to investigate and take appropriatelegal action against anyone who, in Liveblocks’s sole discretion, violates thisprovision, including removing the offending content from the Service, suspendingor terminating the account of such violators, and reporting the violator to lawenforcement authorities. You agree to not use the Service to:

a. email or otherwise upload any content that (i) infringes any intellectualproperty or other proprietary rights of any party; (ii) you do not have a rightto upload under any law or under contractual or fiduciary relationships; (iii)contains software viruses or any other computer code, files or programs designedto interrupt, destroy, or limit the functionality of any computer software orhardware or telecommunications equipment; (iv) poses or creates a privacy orsecurity risk to any person; (v) constitutes unsolicited or unauthorizedadvertising, promotional materials, commercial activities and/or sales, “junkmail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” orany other form of solicitation; (vi) is unlawful, harmful, threatening, abusive,harassing, tortious, excessively violent, defamatory, vulgar, obscene,pornographic, libelous, invasive of another’s privacy, hateful, discriminatory,or otherwise objectionable; or (vii) in the sole judgment of Liveblocks, isobjectionable or which restricts or inhibits any other person from using orenjoying the Service, or which may expose Liveblocks or its users to any harm orliability of any type;

b. interfere with or disrupt the Service or servers or networks connected to theService, or disobey any requirements, procedures, policies, or regulations ofnetworks connected to the Service;

c. violate any applicable local, state, national, or international law, or anyregulations having the force of law;

d. impersonate any person or entity, or falsely state or otherwise misrepresentyour affiliation with a person or entity;

e. solicit personal information from anyone under the age of 18;

f. harvest or collect email addresses or other contact information of otherusers from the Service by electronic or other means for the purposes of sendingunsolicited emails or other unsolicited communications;

g. advertise or offer to sell or buy any goods or services for any businesspurpose that is not specifically authorized;

h. further or promote any criminal activity or enterprise or provideinstructional information about illegal activities;

i. obtain or attempt to access or otherwise obtain any content or informationthrough any means not intentionally made available or provided for through theService;

j. circumvent, remove, alter, deactivate, degrade, or thwart any of the contentprotections in or geographic restrictions on any content (including ServiceContent (as defined below)) available on or through the Service, includingthrough the use of virtual private networks; or

k. engage in or use any data mining, robots, scraping, or similar data gatheringor extraction methods. If you are blocked by Liveblocks from accessing theService (including by blocking your IP address), you agree not to implement anymeasures to circumvent such blocking (e.g., by masking your IP address or usinga proxy IP address or virtual private network).

Competitors: No employee, independent contractor, agent, or affiliate of anycompeting product providing realtime collaborative APIs similar to Liveblocks ispermitted to view, access, or use any portion of the Service without expresswritten permission from Liveblocks. By viewing, using, or accessing the Service,you represent and warrant that you are not a competitor of Liveblocks or any ofits affiliates, or acting on behalf of a competitor of Liveblocks in using oraccessing the Service.

Fees: To the extent the Service or any portion thereof is made available for anyfee, you may be required to select a payment plan and provide informationregarding your credit card or other payment instrument. You represent andwarrant to Liveblocks that such information is true and that you are authorizedto use the payment instrument. You will promptly update your account informationwith Liveblocks or the Payment Processor (as defined below), as applicable, ofany changes (for example, a change in your billing address or credit cardexpiration date) that may occur. You agree to pay Liveblocks the amount that isspecified in the payment plan in accordance with the terms of such plan andthese Terms of Service. If your payment plan includes an ongoing subscriptionthat is automatically renewed periodically, you hereby authorize Liveblocks(through the Payment Processor) to bill your payment instrument in advance onsuch periodic basis in accordance with the terms of the applicable payment planuntil you terminate your account, and you further agree to pay any charges soincurred. If you dispute any charges you must let Liveblocks know within sixty(60) days after the date that Liveblocks charges you. We reserve the right tochange Liveblocks’s prices. If Liveblocks does change prices, Liveblocks willprovide notice of the change through the Service user interface, a pop-upnotice, email, or through other reasonable means, at Liveblocks’s option, atleast thirty (30) days before the change is to take effect. Your continued useof the Service after the price change becomes effective constitutes youragreement to pay the changed amount. You will be responsible for all taxesassociated with the Service, other than taxes based on Liveblocks’s net income.

Payment Processing: Notwithstanding any amounts owed to Liveblocks hereunder,LIVEBLOCKS DOES NOT PROCESS PAYMENT FOR ANY SERVICES. To facilitate payment forthe Service via bank account, credit card, or debit card, we use Stripe, Inc.and its affiliates (“Stripe”). These payment processing services are provided byStripe and are subject to the Stripe terms and conditions and other policiesavailable athttps://stripe.com/legal and Stripe’s Global Privacy Policyavailable at:https://stripe.com/privacy (collectively, the "StripeAgreements"). By agreeing to these Terms of Service, users that use thepayment functions of the Service also agree to be bound by the StripeAgreements, as the same may be modified by Stripe from time to time. You herebyauthorize Stripe to store and continue billing your specified payment methodeven after such payment method has expired, to avoid interruptions in paymentfor your use of the Service. Please contact Stripe for more information.Liveblocks assumes no liability or responsibility for any payments you makethrough the Service.

Refunds and Cancellations: Payments made by you hereunder are final andnon-refundable, unless otherwise determined by Liveblocks. You may cancel yoursubscription online by emailing us at:hello@liveblocks.io.

Mobile Services and Software

Ownership; Restrictions: The technology and software underlying the Service ordistributed in connection therewith are the property of Liveblocks, itsaffiliates, and its licensors (the “Software”). You agree not to copy, modify,create a derivative work of, reverse engineer, reverse assemble, or otherwiseattempt to discover any source code, sell, assign, sublicense, or otherwisetransfer any right in the Software. Any rights not expressly granted herein arereserved by Liveblocks.

Special Notice for International Use; Export Controls: Liveblocks isheadquartered in the United States. If you access or use the Service fromoutside of the United States, you do so at your own risk. Whether inside oroutside of the United States, you are solely responsible for ensuring compliancewith the laws of your specific jurisdiction. Software available in connectionwith the Service and the transmission of applicable data, if any, is subject toUnited States export controls. No Software may be downloaded from the Service orotherwise exported or re-exported in violation of U.S. export laws. Downloadingor using the Software is at your sole risk.

Intellectual Property Rights

Service Content: You acknowledge and agree that the Service may contain contentor features (“Service Content”) that are protected by copyright, patent,trademark, trade secret, or other proprietary rights and laws. Except asexpressly authorized by Liveblocks, you agree not to modify, copy, frame,scrape, rent, lease, loan, sell, distribute, or create derivative works based onthe Service or the Service Content, in whole or in part, except that theforegoing does not apply to your own User Content (as defined below) that youupload to or make available through the Service in accordance with these Termsof Service. Any use of the Service or the Service Content other than asspecifically authorized herein is strictly prohibited.

Trademarks: The Liveblocks name and logos are trademarks and service marks ofLiveblocks (collectively the “Liveblocks Trademarks”). Other Liveblocks,product, and service names and logos used and displayed via the Service may betrademarks or service marks of their respective owners who may or may notendorse or be affiliated with or connected to Liveblocks. Nothing in these Termsof Service or the Service should be construed as granting, by implication,estoppel, or otherwise, any license or right to use any of Liveblocks Trademarksdisplayed on the Service, without our prior written permission in each instance.All goodwill generated from the use of Liveblocks Trademarks will inure to ourexclusive benefit.

Third-Party Material: Under no circumstances will Liveblocks be liable in anyway for any content or materials of any third parties (including users),including for any errors or omissions in any content, or for any loss or damageof any kind incurred as a result of the use of any such content. You acknowledgethat Liveblocks does not pre-screen content, but that Liveblocks and itsdesignees will have the right (but not the obligation) in their sole discretionto refuse or remove any content that is available via the Service. Withoutlimiting the foregoing, Liveblocks and its designees will have the right toremove any content that violates these Terms of Service or is deemed byLiveblocks, in its sole discretion, to be otherwise objectionable. You agreethat you must evaluate, and bear all risks associated with, the use of anycontent, including any reliance on the accuracy, completeness, or usefulness ofsuch content.

User Content: You represent and warrant that you own all right, title andinterest in and to such User Content, including all copyrights and rights ofpublicity contained therein. You hereby grant Liveblocks and its affiliatedcompanies, successors, and assigns a non-exclusive, worldwide, royalty-free,fully paid-up, transferable, sublicensable (directly and indirectly throughmultiple tiers), perpetual, and irrevocable license to copy, display, upload,perform, distribute, store, modify, and otherwise use your User Content inconnection with the operation of the Service and the promotion, advertising ormarketing of the foregoing in any form, medium or technology now known or laterdeveloped. You assume all risk associated with your User Content and thetransmission of your User Content, and you have sole responsibility for theaccuracy, quality, legality and appropriateness of your User Content.

You hereby authorize Liveblocks and its third-party service providers to derivestatistical and usage data relating to your use of the Service (“Usage Data”).We may use Usage Data for any purpose in accordance with applicable law and ourPrivacy Policy. Any questions, comments, suggestions, ideas, feedback, reviews,or other information about the Service (“Submissions”), provided by you toLiveblocks are non-confidential and Liveblocks will be entitled to theunrestricted use and dissemination of these Submissions for any purpose,commercial or otherwise, without acknowledgment, attribution, or compensation toyou.

You acknowledge and agree that Liveblocks may preserve User Content and may alsodisclose User Content if required to do so by law or in the good faith beliefthat such preservation or disclosure is reasonably necessary to: (a) comply withlegal process, applicable laws, or government requests; (b) enforce these Termsof Service; (c) respond to claims that any content violates the rights of thirdparties; or (d) protect the rights, property, or personal safety of Liveblocks,its users, or the public. You understand that the technical processing andtransmission of the Service, including your User Content, may involve (i)transmissions over various networks; and (ii) changes to conform and adapt totechnical requirements of connecting networks or devices.

Copyright Complaints: Liveblocks respects the intellectual property of others,and we ask our users to do the same. If you believe that your work has beencopied in a way that constitutes copyright infringement, or that yourintellectual property rights have been otherwise violated, you should notifyLiveblocks of your infringement claim in accordance with the procedure set forthbelow.

Liveblocks will process and investigate notices of alleged infringement and willtake appropriate actions under the Digital Millennium Copyright Act (“DMCA”) andother applicable intellectual property laws with respect to any alleged oractual infringement. A notification of claimed copyright infringement should beemailed to Liveblocks’s Copyright Agent atcopyright@liveblocks.io (Subjectline: “DMCA Takedown Request”). You may also contact the Copyright Agent by mailat: Liveblocks Inc, 251 Little Falls Drive, Wilmington DE 19808.

To be effective, the notification must be in writing and contain the followinginformation:

• a physical or electronic signature of a person authorized to act on behalf ofthe owner of the copyright or other intellectual property interest that isallegedly infringed;
• identification of the copyrighted work or other intellectual property that youclaim has been infringed, or, if multiple copyrighted works or otherintellectual property are covered by a single notification, a representativelist of such works or other intellectual property;
• identification of the content that is claimed to be infringing or to be thesubject of infringing activity, and where the content that you claim isinfringing is located on the Service, with enough detail that we may find iton the Service;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use isnot authorized by the copyright or intellectual property owner, its agent, orthe law; and
• a statement by you that the information in your notice is accurate and, underpenalty of perjury, that you are the copyright or intellectual property owneror are authorized to act on the behalf of the owner of the copyright orintellectual property that is allegedly infringed.

Counter-Notice: If you believe that your User Content that was removed (or towhich access was disabled) is not infringing, or that you have the authorizationfrom the copyright owner, the copyright owner’s agent, or pursuant to the law,to upload and use the content in your User Content, you may send a writtencounter-notice containing the following information to the Copyright Agent:

• your physical or electronic signature;
• identification of the content that has been removed or to which access hasbeen disabled and the location at which the content appeared before it wasremoved or disabled;
• a statement by you, made under penalty of perjury, that you have a good faithbelief that the content was removed or disabled as a result of mistake or amisidentification of the content to be removed or disabled; and
• your name, address, telephone number, and email address, a statement that youconsent to the jurisdiction of the federal court located within Delaware and astatement that you will accept service of process from the person who providednotification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, Liveblocks will send acopy of the counter-notice to the original complaining party informing them thatLiveblocks may replace the removed content or cease disabling it within ten (10)business days. Unless the owner of the applicable copyrighted work or otherintellectual property files an action seeking a court order against Liveblocksor the user, the removed content may be replaced, or access to it restored,within ten (10) to fourteen (14) business days or more after receipt of thecounter-notice, at our sole discretion.

Repeat Infringer Policy: In accordance with the DMCA and other applicable law,Liveblocks has adopted a policy of terminating, in appropriate circumstances andat Liveblocks’s sole discretion, the accounts of users who are deemed to berepeat infringers. Liveblocks may also at its sole discretion limit access tothe Service and/or terminate the accounts of any users who infringe anyintellectual property rights of others, whether or not there is any repeatinfringement.

Unauthorized Use of Unpurchased Products

By accessing and using Liveblocks' services, you agree that you are onlypermitted to use products that you have purchased. If you use products that youdid not purchase, and your usage exceeds the threshold of the free plan, wereserve the right to add these products to your subscription and bill for usageaccordingly.

Third-Party Services and Websites

The Service may provide links or other access to services, sites, technology,and resources that are provided or otherwise made available by third parties(the “Third-Party Services”). Your access and use of the Third-Party Servicesmay also be subject to additional terms and conditions, privacy policies, orother agreements with such third party, and you may be required to authenticateto or create separate accounts to use Third-Party Services on the websites orvia the technology platforms of their respective providers. Some Third-PartyServices will provide us with access to certain information that you haveprovided to third parties, including through such Third-Party Services, and wewill use, store and disclose such information in accordance with our PrivacyPolicy. For more information about the implications of activating Third-PartyServices and our use, storage and disclosure of information related to you andyour use of such Third-Party Services within the Service, please see our PrivacyPolicy. Liveblocks has no control over and is not responsible for suchThird-Party Services, including for the accuracy, availability, reliability, orcompleteness of information shared by or available through Third-Party Services,or on the privacy practices of Third-Party Services. We encourage you to reviewthe privacy policies of the third parties providing Third-Party Services priorto using such services. You, and not Liveblocks, will be responsible for any andall costs and charges associated with your use of any Third-Party Services.Liveblocks enables these Third-Party Services merely as a convenience and theintegration or inclusion of such Third-Party Services does not imply anendorsement or recommendation. Any dealings you have with third parties whileusing the Service are between you and the third party. Liveblocks will not beresponsible or liable, directly or indirectly, for any damage or loss caused oralleged to be caused by or in connection with use of or reliance on anyThird-Party Services.

Indemnification

You agree to defend, indemnify, and hold harmless Liveblocks, its affiliates,and its and their respective officers, employees, directors, service providers,licensors, and agents (collectively, the “Liveblocks Parties”) from any and alllosses, damages, expenses, including reasonable attorneys’ fees, rights, claims,actions of any kind, and injury (including death) arising out of or relating toyour use of the Service, any User Content, your connection to the Service, yourviolation of these Terms of Service, or your violation of any rights of another.Notwithstanding the foregoing, you will have no obligation to indemnify or holdharmless any Liveblocks Party from or against any liability, losses, damages, orexpenses incurred as a result of any action or inaction of such LiveblocksParty. Liveblocks will provide notice to you of any such claim, suit, orproceeding. Liveblocks reserves the right to assume the exclusive defense andcontrol of any matter which is subject to indemnification under this section,and you agree to cooperate with any reasonable requests assisting Liveblocks’sdefense of such matter. You may not settle or compromise any claim against theLiveblocks Parties without Liveblocks’s written consent. If you are a Californiaresident, you waive California Civil Code Section 1542, which says: “A generalrelease does not extend to claims that the creditor or releasing party does notknow or suspect to exist in his or her favor at the time of executing therelease and that, if known by him or her, would have materially affected his orher settlement with the debtor or releasing party.” If you are a resident ofanother jurisdiction, you waive any comparable statute or doctrine.

Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “ASIS” AND “AS AVAILABLE” BASIS. THE LIVEBLOCKS PARTIES EXPRESSLY DISCLAIM ALLWARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THEIMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,AND NON- INFRINGEMENT.

THE LIVEBLOCKS PARTIES MAKE NO WARRANTY THAT (A) THE SERVICE WILL MEET YOURREQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ORERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICEWILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES,INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICEWILL MEET YOUR EXPECTATIONS.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE LIVEBLOCKS PARTIES WILL NOT BELIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES,OR DAMAGES FOR LOSS OF PROFITS INCLUDING DAMAGES FOR LOSS OF GOODWILL, USE, ORDATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE LIVEBLOCKS PARTIES HAVE BEENADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT,NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, RESULTING FROM: (A) THE USE OR THEINABILITY TO USE THE SERVICE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODSAND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASEDOR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROMTHE SERVICE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS ORDATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (E) ANYOTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL THE LIVEBLOCKS PARTIES’TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THEAMOUNT YOU HAVE PAID LIVEBLOCKS IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONEHUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAINWARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL ORCONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTHABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU AREDISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE,YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “DISCLAIMER OFWARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS ISPERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESESECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THEINVALIDITY OF SUCH PORTION WILL NOT AFFECT THE VALIDITY OF THE REMAININGPORTIONS OF THE APPLICABLE SECTIONS.

Dispute Resolution By Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

a. Agreement to Arbitrate

This Dispute Resolution by Binding Arbitration section is referred to in theseTerms of Service as the “Arbitration Agreement.” You agree that any and alldisputes or claims that have arisen or may arise between you and Liveblocks,whether arising out of or relating to these Terms of Service (including anyalleged breach thereof), the Service, any advertising, or any aspect of therelationship or transactions between us, will be resolved exclusively throughfinal and binding arbitration, rather than a court, in accordance with the termsof this Arbitration Agreement, except that you may assert individual claims insmall claims court, if your claims qualify. Further, this Arbitration Agreementdoes not preclude you from bringing issues to the attention of federal, state,or local agencies, and such agencies can, if the law allows, seek relief againstus on your behalf. You agree that, by entering into these Terms of Service, youand Liveblocks are each waiving the right to a trial by jury or to participatein a class action. Your rights will be determined by a neutral arbitrator, not ajudge or jury. The Federal Arbitration Act governs the interpretation andenforcement of this Arbitration Agreement.

b. Prohibition of Class and Representative Actions and Non-Individualized Relief

YOU AND LIVEBLOCKS AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLYON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTEDCLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND LIVEBLOCKSAGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONEPERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF ACONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAYAWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY INFAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TOPROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOUMAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEFUNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THISPROVISION.

c. Pre-Arbitration Dispute Resolution

Liveblocks is always interested in resolving disputes amicably and efficiently,and most customer concerns can be resolved quickly and to the customer’ssatisfaction by emailing customer support atsupport@liveblocks.io. If suchefforts prove unsuccessful, a party who intends to seek arbitration must firstsend to the other, by certified mail, a written Notice of Dispute (“Notice”).The Notice to Liveblocks should be sent tohello@liveblocks.io (“NoticeAddress”). The Notice must (i) describe the nature and basis of the claim ordispute and (ii) set forth the specific relief sought. If Liveblocks and you donot resolve the claim within sixty (60) calendar days after the Notice isreceived, you or Liveblocks may commence an arbitration proceeding. During thearbitration, the amount of any settlement offer made by Liveblocks or you willnot be disclosed to the arbitrator until after the arbitrator determines theamount, if any, to which you or Liveblocks is entitled.

d. Arbitration Procedures

Arbitration will be conducted by a neutral arbitrator in accordance with theAmerican Arbitration Association’s (“AAA”) rules and procedures, including theAAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified bythis Arbitration Agreement. For information on the AAA, please visit itswebsite,http://www.adr.org. Information about the AAA Rules and fees forconsumer disputes can be found at the AAA’s consumer arbitration page,https://www.adr.org/consumer. If there is any inconsistency between any term ofthe AAA Rules and any term of this Arbitration Agreement, the applicable termsof this Arbitration Agreement will control unless the arbitrator determines thatthe application of the inconsistent Arbitration Agreement terms would not resultin a fundamentally fair arbitration. The arbitrator must also follow theprovisions of these Terms of Service as a court would. All issues are for thearbitrator to decide, including issues relating to the scope, enforceability,and arbitrability of this Arbitration Agreement. Although arbitrationproceedings are usually simpler and more streamlined than trials and otherjudicial proceedings, the arbitrator can award the same damages and relief on anindividual basis that a court can award to an individual under these Terms ofService and applicable law. Decisions by the arbitrator are enforceable in courtand may be overturned by a court only for very limited reasons.

Unless Liveblocks and you agree otherwise, any arbitration hearings will takeplace in a reasonably convenient location for both parties with dueconsideration of their ability to travel and other pertinent circumstances. Ifthe parties are unable to agree on a location, the determination will be made byAAA. If your claim is for $10,000 or less, Liveblocks agrees that you may choosewhether the arbitration will be conducted solely on the basis of documentssubmitted to the arbitrator, through a telephonic hearing, or by an in-personhearing as established by the AAA Rules. If your claim exceeds $10,000, theright to a hearing will be determined by the AAA Rules. Regardless of the mannerin which the arbitration is conducted, the arbitrator will issue a reasonedwritten decision sufficient to explain the essential findings and conclusions onwhich the award is based.

e. Costs of Arbitration

Payment of all filing, administration, and arbitrator fees (collectively, the“Arbitration Fees”) will be governed by the AAA Rules, unless otherwise providedin this Arbitration Agreement. If the value of the relief sought is $75,000 orless, at your request, Liveblocks will pay all Arbitration Fees. If the value ofrelief sought is more than $75,000 and you are able to demonstrate to thearbitrator that you are economically unable to pay your portion of theArbitration Fees or if the arbitrator otherwise determines for any reason thatyou should not be required to pay your portion of the Arbitration Fees,Liveblocks will pay your portion of such fees. In addition, if you demonstrateto the arbitrator that the costs of arbitration will be prohibitive as comparedto the costs of litigation, Liveblocks will pay as much of the Arbitration Feesas the arbitrator deems necessary to prevent the arbitration from beingcost-prohibitive. Any payment of attorneys’ fees will be governed by the AAARules. f. Confidentiality All aspects of the arbitration proceeding, and anyruling, decision, or award by the arbitrator, will be strictly confidential forthe benefit of all parties.

g. Severability

If a court or the arbitrator decides that any term or provision of thisArbitration Agreement (other than the subsection (b) above titled “Prohibitionof Class and Representative Actions and Non- Individualized Relief” above) isinvalid or unenforceable, the parties agree to replace such term or provisionwith a term or provision that is valid and enforceable and that comes closest toexpressing the intention of the invalid or unenforceable term or provision, andthis Arbitration Agreement will be enforceable as so modified. If a court or thearbitrator decides that any of the provisions of subsection (b) above titled“Prohibition of Class and Representative Actions and Non-Individualized Relief”are invalid or unenforceable, then the entirety of this Arbitration Agreementwill be null and void, unless such provisions are deemed to be invalid orunenforceable solely with respect to claims for public injunctive relief. Theremainder of these Terms of Service will continue to apply.

h. Future Changes to Arbitration Agreement

Notwithstanding any provision in these Terms of Service to the contrary,Liveblocks agrees that if it makes any future change to this ArbitrationAgreement (other than a change to the Notice Address) while you are a user ofthe Service, you may reject any such change by sending Liveblocks written noticewithin thirty (30) calendar days of the change to the Notice Address providedabove. By rejecting any future change, you are agreeing that you will arbitrateany dispute between us in accordance with the language of this ArbitrationAgreement as of the date you first accepted these Terms of Service (or acceptedany subsequent changes to these Terms of Service).

Termination

You agree that Liveblocks, in its sole discretion, may suspend or terminate youraccount (or any part thereof) or use of the Service and remove and discard anycontent within the Service, for any reason, including for lack of use or ifLiveblocks believes that you have violated or acted inconsistently with theletter or spirit of these Terms of Service. Any suspected fraudulent, abusive,or illegal activity that may be grounds for termination of your use of theService, may be referred to appropriate law enforcement authorities. Liveblocksmay also in its sole discretion and at any time discontinue providing theService, or any part thereof, with or without notice. You agree that anytermination of your access to the Service under any provision of these Terms ofService may be effected without prior notice, and acknowledge and agree thatLiveblocks may immediately deactivate or delete your account and all relatedinformation and files in your account and/or bar any further access to suchfiles or the Service. Further, you agree that Liveblocks will not be liable toyou or any third party for any termination of your access to the Service.

User Disputes

You agree that you are solely responsible for your interactions with any otheruser in connection with the Service, and Liveblocks will have no liability orresponsibility with respect thereto. Liveblocks reserves the right, but has noobligation, to become involved in any way with disputes between you and anyother user of the Service.

General

These Terms of Service (together with the terms incorporated by referenceherein) constitute the entire agreement between you and Liveblocks governingyour access and use of the Service, and supersede any prior agreements betweenyou and Liveblocks with respect to the Service. You also may be subject toadditional terms and conditions that may apply when you use Third-PartyServices, third-party content or third-party software. These Terms of Servicewill be governed by the laws of the state of Delaware without regard to itsconflict of law provisions. With respect to any disputes or claims not subjectto arbitration, as set forth above, you and Liveblocks submit to the personaland exclusive jurisdiction of the state and federal courts located within NewCastle County, Delaware. The failure of Liveblocks to exercise or enforce anyright or provision of these Terms of Service will not constitute a waiver ofsuch right or provision. If any provision of these Terms of Service is found bya court of competent jurisdiction to be invalid, the parties nevertheless agreethat the court should endeavor to give effect to the parties’ intentions asreflected in the provision, and the other provisions of these Terms of Serviceremain in full force and effect. You agree that regardless of any statute or lawto the contrary, any claim or cause of action arising out of or related to useof the Service or these Terms of Service must be filed within one (1) year aftersuch claim or cause of action arose or be forever barred. A printed version ofthese Terms of Service and of any notice given in electronic form will beadmissible in judicial or administrative proceedings based upon or relating tothese Terms of Service to the same extent and subject to the same conditions asother business documents and records originally generated and maintained inprinted form. You may not assign these Terms of Service without the priorwritten consent of Liveblocks, but Liveblocks may assign or transfer these Termsof Service, in whole or in part, without restriction. The section titles inthese Terms of Service are for convenience only and have no legal or contractualeffect. As used in these Terms of Service, the words “include” and “including,”and variations thereof, will not be deemed to be terms of limitation, but ratherwill be deemed to be followed by the words “without limitation.” Notices to youmay be made via either email or regular mail. The Service may also providenotices to you of changes to these Terms of Service or other matters bydisplaying notices or links to notices generally on the Service. Liveblocks willnot be in default hereunder by reason of any failure or delay in the performanceof its obligations where such failure or delay is due to civil disturbances,riot, epidemic, hostilities, war, terrorist attack, embargo, natural disaster,acts of God, flood, fire, sabotage, fluctuations or unavailability of electricalpower, network access or equipment, or any other circumstances or causes beyondLiveblocks’s reasonable control.

U.S. Government Restricted Rights

The Service is made available to the U.S. government with “RESTRICTED RIGHTS.”Use, duplication, or disclosure by the U.S. government is subject to therestrictions contained in 48 CFR 52.227-19 and 48 CFR 252.227-7013 et seq. orits successor. Access or use of the Service (including the Software) by the U.S.government constitutes acknowledgement of our proprietary rights in the Service(including the Software).

Questions? Concerns? Suggestions?

Please contact us athello@liveblocks.io to report any violations of these Termsof Service or to pose any questions regarding these Terms of Service or theService.